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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. 2 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. 3 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. 4