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HomeMy WebLinkAbout2001-07-03 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JULY 3, 2001 MINUTES Board Members Present: Richard Fournier, Chairman Mary Ann Bostwick George Burgoyne Robert Kreitzer Robert Lingley Robert Guerette City Staff Present: Katherine Weber David Gould Chairman Fournier called the meeting to order at 7:00 p.m. CONSENT AGENDA Chairman Fournier asked if any member wanted any items removed from the Consent Agenda. There being none, Mrs. Bostwick moved that the Consent Agenda be approved. Mr. Lingley seconded the motion and the Board voted 5-0 to approve the Consent Agenda. The items approved are: Item No. 1: Site Development Plan Approval to relocate an existing access drive at Mt. Hope Cemetery in a Government and Institutional Service District. Mt. Hope Cemetery Corp., applicant. Item No. 2: Site Development Plan Approval to construct a 14’ x 20’ storage building at 219 Hogan Road in a Government and Institutional Service District. Maine Department of Transportation, applicant. PUBLIC HEARINGS Item No. 3: To amend the Land Development Code by amending the contract zone change conditions of the existing Contract Zone Change for Multi-Family and Service District Zoning located at 715 Hammond Street. Mark Eggleton and Janet Berkel, aplicants. C.O. # 01-255. Mr. Lingley noted that he was a patient and friend of Dr. Eggleton and would abstain from voting. Chairman Fournier opened the public hearing and asked for proponents. Thomas A Russell, Esq. representing Mark Eggleton, provided the Board with a brief history of the project. In 1978, Dr. Eggleton began his Bangor dental practice as a home occupation. In 1983, after a contract rezoning, he operated 900 square feet of dental office at his residence. Mr. Russell provided the Board with photographs of the building, noting its residential appearance. Mr. Russell further indicated that the existing parking area could handle five cars. Mr. Russell went on to say that, at this time, Dr. Eggleton would like to have the existing contract conditions amended such that he could have additional personnel to handle preventative dentistry, increase insurance claim workloads, and infectious disease control. Dr. Eggleton has been in the neighborhood near 20 years without significant adverse impacts. Mr. Russell added that the City Council’s 1982 approval of the contract zone is evidence that the proposed zone and use are consistent with the City’s land use policy. Dr. Eggleton seeks no additional office floor area, and is not going to increase his patient load but rather, better serve those patients that he currently has. Dr. Eggleton noted that of the 22 dental offices in Bangor, 8 were in homes, and many in commercial areas are less accessible to adjacent residential users. Dr. Eggleton indicated he liked providing his office from a residential setting and served many patients from the surrounding neighborhood. Chairman Fournier called for any other proponents. Lovern Stockwell, 15 Plaisted Street, indicated that she liked having a dentist in the neighborhood. She thought very highly of Dr. Eggleton’s practice and hoped the City would allow him to continue. Mary Ellen Hayes, 685 Hammond Street, wished to echo Mrs. Stockwell’s comments. Ellen York, 735 Hammond Street, also noted that she liked having Dr. Eggleton in the neighborhood and that he has served her family well. There being no further proponents or opponents Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that the Planning Office had received a few calls concerning the rezoning as well as some e-mail (distributed and attached here to). While Staff had concerns about on-site parking and traffic generation, she was convinced that, by the clarifications of the applicant, the proposed contract revisions would not have any greater impact on the neighborhood, and that Staff would be in support of the contract revisions. 2 Board Members did note that, should Dr. Eggleton cease his dental operation, another dentist could operate the same office within the guidelines of the contract rezoning. Chairman Fournier then closed the public hearing and asked for a motion. Mrs. Bostwick made a motion that the Board recommend to the City Council that it be approved. Mr. Burgoyne seconded the motion. The Board voted 5-0 with one abstention to recommend to the City Council the amended contract conditions. APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes. The Board voted 6-0 to approve the minutes of June 19, 2001 OLD BUSINESS Item No. 5: Site Development Plan approval for construction of a 190 sq. ft. addition and re-alignment of parking and drives at 65 Texas Avenue in a Government and Institutional Service District. Maine Public Broadcasting Corporation, applicant. Planning Officer Weber indicated that the applicant had requested this item be continued. NEW BUSINESS Item No. 6: 1417 Ohio Street – Penobscot Christian School Site Development Plan Approval to construct a 2,250 sq. ft. addition for three new classrooms and construct a 192 sq. ft. accessory storage building at 1417 Ohio Street in a Government and Institutional Service District. Penobscot Christian School, applicant. Steve Linnel of the Penobscot Christian School indicated that the school was looking to add three classrooms to the existing school building (K through 8). The school had worked with the Planning and Code Enforcement Offices to provide the appropriate information on the site plan. A small area of wetland would be filled on the property and this alternation was approved by the DEP. Planning Officer Weber indicated that Staff found the plan to be consistent with the submittal standards for site plan review, and would recommend plan approval with two conditions: (1) the parking area be striped as shown and (2) the existing natural vegetation be maintained to meet the “C’ Buffer requirement. Mr. Lingley asked why the Staff was recommending the condition to maintain the existing natural buffers. Mr. Burgoyne asked what buffer was required, and what was the existing buffer now. Mr. Gould explained that the existing vegetation barely provides the 3 required “C” buffer, and should it be damaged it would not meet the Land Development Code’s buffer standard for the site development. Planning Officer Weber also noted that the Ordinance requires that existing natural vegetation be conserved wherever possible. Mr. Burgoyne made a motion, seconded by Mrs. Bostwick to approve the site plan with the two noted conditions recommended by the Planning Staff. The Board voted 5-0 to approve the site development plan with the conditions as noted. Item No.7: 1067 Union Street – People’s Heritage Bank Site Development Plan Approval to construct a 435 sq. ft. addition to the existing bank located at 1067 Union Street in a Shopping and Personal Service District. People’s Heritage Bank, applicant. The Chairman noted that Mr. Kreitzer would be voting on this item. Ed Theriault of Theriault Landmann Associates, Portland, represented Peoples Heritage Bank, and explained the small addition requested on the site development plan. Planning Officer Weber indicated that, while the site plan was less detailed than the City normally requires, given the minor expansion being proposed, the plan is sufficient and Staff recommended approval. Mr. Burgoyne made a motion seconded by Mrs. Bostwick to approve the site plan as presented. ADOURNMENT The Planning Board adjourned the meeting at 7:50 p.m. 4