HomeMy WebLinkAbout2001-02-06 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF FEBRUARY 6, 2001
MINUTES
Board Members Present: Richard Fournier, Chairman
George Burgoyne
Frederic Costlow
Robert Kreitzer
Robert Lingley
City Staff Present: Katherine Weber
Rodney McKay
David Gould
James Ring
John Hamor
News Media Present: Bangor Daily News
Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of
Board Member Bostwick, Associate Member Kreitzer voted.
CONSENT AGENDA
As no one wished to remove any of the items for discussion, the Chairman called
for a motion. Mr. Lingley made a motion to approve the Consent Agenda Mr. Burgoyne
Seconded the motion. Mr. Costlow indicated he had a potential conflict with GE so he
would not vote on the motion. The Board agreed to allow member Costlow to abstain.
The Consent Agenda was passed 4-0.
Item No. 1: Site Location of Development Modification/ Site Development Plan
Approval to construct a 73,600 sq. ft. building located on Griffin Road
and to construct three additions, totaling 23,600 sq. ft. to existing
buildings located on Florida Avenue and Griffin Road located in an
Airport Development District. General Electric/City of Bangor,
applicants.
Item No. 2: Site Development Plan Approval to construct a 6,000 sq. ft. storage
facility located at 765 Odlin Road in an Industry and Service District.
Lane Construction Company, applicant.
PUBLIC HEARINGS
Item No. 3: Conditional Use/Site Development Plan Approval to construct a 2,710
sq. ft., 5-bay self-service car wash located on the corner of State Street
and Hogan Road in a Shopping and Personal Service District. Kurt
Thomas, applicant.
Chairman Founier opened the public hearing and asked for proponents. Kurt
Thomas, the applicant, explained to the Board that the proposed car wash was similar to
two existing facilities he had, one on Griffin Road and one on Route 1A in Hampden. No
one spoke in opposition.
Chairman Bostwick asked for Staff comments. Planning Officer Weber indicated
that the Staff had found the plan consistent with the development standards provided the
engineering details were corrected to the satisfaction of the engineering office. She also
indicated the Board needed to review the standards for granting a conditional use.
Chairman Founier asked for any questions. Mr. Lingley asked whether the project had
access from State Street or Hogan Road? Mr. Thomas indicated access was from State
Street. Mr. Lingly asked if the external oil-water separator was a complicated and costly
element to add. Mr. Thomas indicated it was not very complicated, being a large concrete
tank with chambers and baffles to separate oil and grit from the wastewater.
Chairman Fournier closed the public hearing and asked for a motion. Mr. Costlow
moved to approve the conditional use request as it met the conditional use standards of
the Chapter 165-9A and those as outlined in the Staff Memorandum. Mr. Lingley
seconded the motion. The Board voted 5 to 0 in favor. Mr. Costlow moved to approve
the site development plan. Mr. Lingley seconded the motion, which carried 5 to 0.
Item No. 4: To amend the Land Development Code by changing parts of parcels
of land located on Outer Broadway (just beyond 1365 Broadway)
from High Density Residential District to General Commercial and
Service District. Said parts of parcels containing approximately .34
acres. J. A. Benson, DVM and City of Bangor, applicants. C.O. # 01-
97.
Chairman Fournier opened the public hearing. Dr. Benson explained to the Board
that the proposed rezoning was an oversight in the initial application. The area proposed
for the zone change is encumbered by a pipeline easement and likely cannot be
developed. No one spoke in opposition.
Chairman Fournier asked for Staff comments. Planning Officer Weber indicated
that the area to be rezoned was very small, .34 acres. Part of the land was partially
covered by pipeline easement and the remaining land once served a water booster
pumping station. Staff had found the rezoning consistent with the zoning in the area and
Comprehensive Plan and recommended that the Board recommend it to the City Council.
Chairman Fournier closed the public hearing and asked for a motion. Mr.
Lingley moved to recommend to the City Council that the proposed rezoning be
approved. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor.
Item No. 5: To amend the Land Development Code by changing parts of parcels
of land located off Stillwater Avenue adjacent to the Penjajawoc
Stream from Rural Residence and Agriculture, Shopping and
Personal Service District and Stream Protection District to Resource
Protection District. Said parts of parcels containing approximately
4.5 acres. City of Bangor, applicant. C.O. # 01-96.
Chairman Fournier opened the public hearing. Mrs. Susan Harris inquired why
additional land area should be rezoned to Resource Protection. Mr. Burgoyne indicated
that previous testimony had been presented in the summer and fall as to the unique
natural area and diversity of wildlife and plant habitat in this area which made it unique
and deserving of consideration of additional protection. He indicated while the final
decision is yet to be made, a discussion should occur so all parties could have input. He
further noted that once an application is before the Board they have to act on it based on
the zoning “in-place “ at that time. It’s unfair to change the standards in the middle of the
game.
Lucy Quimby, representing B.A.C.O.R.D., indicated that this proposed rezoning
was a move in the right direction. While some State and Federal programs protected
wetlands only local, municipal entities could protect adjacent uplands, which have a
significant value to maintaining the wetland itself.
David Rudnicki inquired as to where, specifically, the area to be rezoned was
located. Planning Officer Weber indicated on the wall exhibit where the rezoning was
located. She went on to describe the history of Resource Protection in this area and the
Department of Environmental Protection’s latest correspondence and Board Order
concerning minimum Shoreland Zoning Standards.
Edmond Bearor, Esquire, representing CABREL, indicated that the change to 75
feet from the edge of the wetland would rezone a portion of the Jo-Anne Fabrics building
as Resource Protection.
Chairman Fournier asked for Staff comments. Planning Officer Weber indicated
that the area to be rezoned was dictated by the DEP based on their evaluation of the Land
Development Code. The proposed change is to include those areas adjacent to the
Penjajawoc Stream measuring seventy-five (75) feet from the upland edge of the
freshwater wetland.
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Planning Officer Weber noted that the area under consideration for rezoning from
Stream Protection to Resource Protection was once previously Resource Protection. Her
impression was that DEP was aware of the impacts of the rezoning and was quite
adamant about its adoption.
Ed Bearor indicated he had talked with Valerie Whitter of the DEP who indicated
a willingness to review the implications of the rezoning on the Jo-Ann Fabric’s building.
Attorney Bearor requested that the Board continue their review another two weeks to
allow him more time to review this.
Member Costlow was concerned that any delays could allow projects to proceed
under the existing zoning and not provide the minimum level of protection that the
resource needs.
Attorney Bearor indicated that any applicant would be “on-notice” that the zoning
was going to be amended and the Board should not have concern about the details of
timing and submissions. Mr. Costlow respectfully disagreed.
Member Burgoyne moved to table. There being no second the motion died.
Member Costlow moved to recommend the City Council adopt Council Order 01-
97. Robert Lingley seconded the motion which passed 4-1.
APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes of January 2, 2001 Meeting.
The minutes of the January 2, 2001 Meeting were unanimously approved as
printed.
NEW BUSINESS
Item No. 7: Site Development Plan Approval for an 8’ x 32’ office trailer, 2
storage trailers, a 6,000 gallon above-ground seal coating tank and a
36’ x 42’ garage located at 790V Odlin Road in an Industry and
Service District. Blaine and Carol Harvey, applicants.
Planning Officer Weber noted that the applicant had requested this item be
continued to the next regular meeting. The Staff would recommend the Board grant that
continuance. The Board voted 5-0 to continue the application.
The Meeting Adjourned at 7:52pm