HomeMy WebLinkAbout2001-03-06 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MARCH 6, 2001
MINUTES
Board Members Present: Richard Fournier, Chairman
George Burgoyne
Mary Ann Bostwick,
Robert Kreitzer
Robert Gurette
City Staff Present: Katherine Weber
Jim Ring
David Gould
News Media Present: None
Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of
Board Members Costlow and Lingley, Associate Members Kreitzer and Guerette voted.
PUBLIC HEARINGS
Item No. 1: Conditional Use/Site Development Plan Approval for veterinary clinic at
1390 Broadway General Commercial and Service District. Dr. John
Benson, applicant.
Chairman Fournier opened the public hearing. James Kiser, PE, the
representative of the applicant, spoke in favor of the application. He explained that the
applicant seeks approval to construct a new 8,000 SF veterinary clinic at this location.
He told the Board that the existing veterinary clinic would be relocated from their present
location the corner of Burleigh Road and Broadway.
Mr. Kiser described the layout of parking, stormwater and utilities. He reviewed
the proposed buffer yards (screening) and a small outdoor area supported by a retaining
wall due to adjacent wetlands.
Mary Anne Bostwick inquired if there would be any boarding of animals at the
clinic.
Dr. John Benson indicated he only boarded a few animals for some of his
customers. He noted that while the existing clinic had covered outdoor runs the new
clinic would be all enclosed. The only animals outside would be those on a leash being
walked.
No one spoke in opposition. Chairman Fournier asked for Staff comments.
Planning Officer Weber indicated that in the GC&S District veterinary clinics are a
conditional use provided specific performance standards are met. Those standards were
that the building had to be 100 feet from any residential use or district and that the clinic
be entirely enclosed within a building. In addition, the proposal must be the standards of
Conditional Use Section 165-9, 1 through 4. Ms Weber noted some engineering details
were being completed at the time of the memorandum and have now been found
satisfactory by the City Engineering Office. The Engineering Office did request that the
applicant provide the city the details of the retaining wall construction materials stamped
by a professional engineer prior to construction. Staff recommended approval of the
conditional use request.
Chairman Fournier closed the public hearing and asked for a motion. Mr.Guerette
moved that the Conditional Use be approved. Mrs. Bostwick seconded the motion. The
Board voted 5-0 to approve the Conditional Use request. Mr. Burgoyne moved to
approve the site plan with the condition that the applicant submit the details of the
materials and design of the retaining wall stamped by a professional engineer prior to
construction. Mr. Kreitzer seconded the motion. The board voted 5-0 to approve the plan
with the condition as noted.
Item No. 2: Zone Change 10 Broadway All Souls Congregational Church – G&IS
District to DD District – All Souls Congregational Church, applicant (C.O.
01-123).
Chairman Fournier opened the public hearing and asked for proponents.
P. Andrew Hamilton, Esquire, of Eaton Peabody & Veague representing All Souls
Congregational Church, provided the Planning Board with a brief history of the
amendments relating to churches, and the three churches in the “downtown.” It was the
church’s position that the Downtown Development District would offer them more
flexibility to expand their facility, which would be beneficial to the community as a
whole. Mary Ann Bostwick asked if the church had any specific expansion plans.
Dan McKay indicated that the church had been looking at expanding its
educational wing but was limited by site constraints. George Burgoyne asked when the
existing wing had been added. Mr. McKay estimated in the late 1950’s or early 1960’s.
Brian Ames, PE of Ames Engineering indicated he was working with the church looking
at the potential to add more floor area to the building. He indicated the site was very
difficult given the topographic changes from Broadway to French Street. The Downtown
Development District would allow them some flexibility to look at some other
alternatives, although no plan was developed at this time.
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Chairman Fournier asked for Staff comments. Katherine Weber indicated that the
church was presently in the Government and Institutional Service District (G&ISD) but
was surrounded by Downtown Development District on three sides. It was likely in the
G&IS District because of its use not its location. She also showed the Board the land use
plan for that area which indicated downtown development was consistent. Ms. Weber
further indicated she had contacted the other churches in the downtown as to their interest
in the same rezoning. While there is interest, the churches need more time to review the
implications with their parishioners.
Bob Kreitzer asked why churches were not included in the downtown district and
was it an oversight. Ms Weber noted the city amended several districts to add churches to
their list of uses back in June. David Gould of the Planning Staff indicated that churches
historically had been a hard use to locate and most zoning ordinances did not have a
specialized zoning district such as the City’s G&ISD, formerly Civic & Institutional
(C&I). The thought from an economic development point of view was not to allow non-
profit (non tax paying) facilities in limited commercial zoning districts.
The Board moved to recommend to the City Council that the zone change
request contained in C.O. # 01-123 be approved. The motion was seconded, which
carried by a vote of 5-0.
APPROVAL OF MINUTES
Item No. 3: Planning Board Approval of Minutes.
The Board recommended tabling this item to its next meeting when they would
take action on them.
OLD BUSINESS
Item No. 4: Site Development Plan Approval for development of a construction
business (paving) at 790 Odlin Road in an Industry and Service District
Blaine and Carol Harvey, applicants.
Mr. Stephen Howell, of S.W. Cole, indicated he was present to answer any
questions concerning the wetlands mapping on the Harvey plan. He indicated he was not
present to represent the applicant. The Board asked Mr. Howell to generally describe the
methodology of mapping wetlands. He indicated, based on the federal manual for
delineating wetlands, that three criteria are reviewed; wetland soils, wetland vegetation,
and hydrology. He indicated professional judgement played a big part in the processes.
He went on to indicate that on the Harvey site, February conditions made delineation
difficult. In addition, some of the site had previously been filled.
Bob Kreitzer was concerned about the potential for a leak in the 6,000-gallon
storage tank. The Board and City Engineer Jim Ring discussed potential containment
options.
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Mr. Harvey indicated he did not see any concern relative to potential leakage of
the paving sealer. The tank is a double wall tank and the material is almost self-sealing.
Mr. Ring, after speaking with Dan Wellington, Code Enforcement Officer, indicated that
the Code Office had reviewed the issue of spill prevention and had concluded no special
precautions were required.
Planning Officer Weber indicated that the plan was in order and recommended the
Board condition their approval on the review of the on-site wetlands in the spring before
construction.
Robert Kreitzer moved to approve the application with the condition that the
wetlands be reassessed in the spring before construction. George Burgoyne seconded the
motion. The Board voted 5-0 to approve the application with condition stated above.
MISCELLANEOUS BUSINESS
Item No. 5: Planning Board Review of Correspondence and Other Communications
from the Planning Office.
Planning Officer Weber thanked members of the Board for their attendance at the
informational meeting on the Penjajawoc Marsh.
There being no further items for discussion, the meeting was adjourned at 8:03
p.m.
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