HomeMy WebLinkAbout2001-06-05 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JUNE 5, 2001
MINUTES
Board Members Present: Frederick Costlow, Vice Chairman
Mary Ann Bostwick
George Burgoyne
Robert Kreitzer
Robert Lingley
City Staff Present: Katherine Weber
James Ring
Peter Witham
David Gould
Lynn Johnson
News Media Present: Bangor Daily News
WLBZ TV 2
Ken Buckley
Vice Chairman Costlow called the meeting to order at 7:02 p.m. In the absence of
Chairman Fournier, Mr. Kreitzer was asked to vote.
CONSENT AGENDA
Vice Chairman Costlow asked if anyone wished to remove any item from the
Consent Agenda. No items were removed. Vice Chairman Costlow asked for a motion.
Mr. Burgoyne moved to approve the Consent Agenda. The motion was seconded and
passed 5 to 0. The items approved were as follows:
Item No. 1: Request for an extension of the starting and completion dates for
construction of a 1,290 sq. ft. addition to the existing community
center at 201 Husson Avenue. Bradford Commons, applicant.
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Item No. 2: Site Location of Development Modification approval to reconfigure
the vehicle storage area and grading to avoid wetland area impact
located at 260 Hogan Road in a General Commercial and Service
District. Varney, Inc., applicant.
Item No. 3: Site Development Plan approval to add two levels of parking to the
existing parking garage located in Pickering Square in a Downtown
Development District. City of Bangor, applicant.
PUBLIC HEARINGS
Item No. 5: To amend the Land Development Code by changing parts of parcels
of land located at 982 Stillwater Avenue from Rural Residence and
Agricultural District to General Commercial and Service District.
Said parts of parcels containing approximately 4.1 acres. Thomas
Ellis, applicant. C.O. # 01-222.
Vice Chairman Costlow opened the public hearing and asked for proponents.
Vinal Applebee and John Theriault of Ames Corporation, represented the applicant.
Mr. Applebee explained that the applicant is seeking rezoning of a 4.1 acres parcel
adjacent to and nearby other commercially zoned property on Stillwater Avenue. He told
the Board that he felt that the zone change would be consistent with the City’s
Comprehensive Plan as well as other development in the area. Approximately 2.5 acres
would be the actual size of the development (which would not require DEP Site Location
of Development Act Permit Approval. The site would require a stormwater permit from
DEP as well as Site Development Plan approval from the City.
No one spoke in opposition. The public hearing was closed and Vice Chairman
Costlow asked for Staff comments. Planning Officer Weber indicated that this zone
change falls within the guidelines of the Comprehensive Plan 2000 as approved by the
City Council. The area is proposed for commercial growth in the Comprehensive Plan
and also falls within the zoning policy for General Commercial and Service Zoning. The
parcel in question abuts Shopping and Personal Service District zoning. The Staff finds
the zone change consistent with Land Use Concepts and Zoning Policies of the
Comprehensive Plan 2000 and recommended that the Planning Board recommend to the
City Council approval of the proposed zone change.
Robert Lingley asked if there were plans to implement the ideas set forth in the
Comprehensive Plan to rezone this whole area designated for commercial use. Planning
Officer Weber indicated that any zone change would be at the request of the property
owner, and that the City would not be undertaking a rezoning prior to a property owner
requesting it.
Mr. Lingley noted that, in the Staff Memorandum, the parcel is presently served
by utilities and asked if the applicant would have to pay for this. Planning Officer Weber
indicated that this parcel is serviceable (as utilities are near by and would be easily
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extended to this parcel), and any costs associated with extended utilities would be the
sole responsibility of the applicant.
Vice Chairman Costlow asked what a family recreation center was. Mr. Applebee
noted that at this time the applicant is considering not only a family recreation center but
possibly a retail development. He went on to explain that a family recreation center
might include a skating rink, an indoor miniature golf course, and laser tag area. All will
be located inside.
Mrs. Bostwick moved to recommend to the City Council that the zone change
request contained in C.O. #0l-222 be approved. Mr. Kreitzer seconded the motion. The
Board voted 5 to 0 in favor.
Item No. 4: Conditional Use/ Site Development Plan Approval for an automated
fueling station with three underground storage tanks, six dispensers, a
canopy, and a mechanical kiosk located at 47 Haskell Road in a
General Commercial and Service District. Sam’s Club, applicant.
Oscar Emerson, Sain Associates, represented the applicant, Sam’s Club, who
wishes to build a fueling station in the westerly portion of their parking lot. The fueling
station would be comprised of 6 pumps with a canopy, three underground storage tanks,
and a mechanical kiosk. Mr. Emerson noted that only Sam’s Club members would be
using the facility. Mr. Emerson went on to explain the components of the site
development plan.
The Board had questions regarding whether or not the applicant planned to sell
diesel fuel, how close this development was to the Penjajawoc Stream, what changes
would be made to the stormwater runnoff, and whether the applicant had made any
provision for spills or runoff from the gasoline pumps. Mr. Emerson said that only the
sale of gasoline was proposed, the development was hundreds of feet away from the
stream, and the applicant would be using the existing stormwater system. He went on to
say that the new plan proposes an increase in vegetated areas.
As for the provision for spills, the system had automated controllers that would
electronically detect any spills. A question was then raised as to how the applicant would
handle separation of stormwater from oil spills, and if the applicant would make
provision to mitigate any spills. Mr. Emerson indicated that a prefabricated device snout
on the inlet and outlets of the catch basins would mitigate this problem, and he told the
Board the applicant would be willing to install them.
No one spoke in opposition. Planning Officer Weber explained that the proposal
met the two specific criteria for conditional use approval for the gasoline service station
use in that no gasoline pump shall be located within 100 feet of any residential building
and that adequate queueing space be provided. The proposal also met the four standard
conditions for granting conditional use approval in that: the proposed development
standards of the district are met, it will not create unreasonable traffic or hazardous
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conditions, adequate and appropriate utilities are provided, drainage, parking, and
loading are provided, and the use is appropriate for the location sought. Planning Staff
recommended approval of both the Conditional Use and the Site Development Plan since
the plan submitted met the requirements for submittal.
Vice Chairman Costlow closed the public hearing and asked for a motion. Mr.
Burgoyne moved to approve the Conditional Use request. Mr. Lingley seconded the
motion. The Board voted 5 to 0 in favor. Mr. Burgoyne then moved to approve the Site
Development Plan with the condition that a prefabricated device snout be placed on the
inlet and outlets of the catch basins. Mrs. Bostwick seconded the motion, which carried
by a vote of 5 to 0.
Item No. 6: Amending Chapter 165-108 of the Land Development Code – Stream
Protection District. City of Bangor, applicant. C.O. # 01-188
The Public Hearing was opened by Vice Chairman Costlow. Planning Officer
Weber explained that this request for a text amendment is the final text amendment
required of the City under the Board Order from the Department of Environmental
Protection to bring the City’s Land Development Code into compliance with State
Shoreland Zoning Laws.
Planning Officer Weber explained that the amendment establishes a 75-foot
setback from the normal high-water lines of streams and eliminates the Planning Board’s
authority to grant a variance from the setback for accessory structures. Planning Staff
recommended that the Board recommend approval of this zoning amendment to the City
Council.
Ray Fournier Wren, 15-17 Young Street, told the Board that she was in favor of
this proposed change. No one spoke in opposition. Vice Chairman Costlow closed the
public hearing and asked for a motion. Mr. Lingley moved to recommend to the City
Council that the zoning amendment contained in C.O. # 01-188 be approved. Mr.
Burgoyne seconded the motion. The Board voted 5 to 0 in favor.
Item No. 7: To amend the Land Development Code by changing parts of four
parcels from Rural Residence & Agriculture District, Shopping and
Personal Service District and Stream Protection District to Resource
Protection District; parts of eight parcels from Shopping and Personal
Service District, General Commercial and Service District,
Government and Institutional Service District and Low Density
Residential District to Stream Protection District; and parts of four
parcels from Stream Protection District to Shopping and Personal
Service District. All parcels being located adjacent to the Penjajawoc
Stream. City of Bangor, applicant. C.O. # 01-221.
Vice Chairman Costlow opened the Public Hearing. Planning Officer Weber
explained that the proposed zoning and map amendments will rezone approximately 4.5
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acres of the Penjajawoc Stream from Stream Protection, Rural Residence and
Agriculture, and Shopping and Personal Service Districts to Resource Protection, and
increase the area within Resource Protection from 50 feet from the high water line of the
stream to 75 feet from the upland edge of the associated freshwater wetland. This zone
change implements the text amendments to the Land Development Code adopted by the
City Council on December 27, 2000. This zone change is the first in a series of required
zone changes along the Penjajawoc Stream and two unnamed outlet streams that flow
into Kenduskeag Stream.
Mr. Lingley asked why the City should be concerned about nonconforming uses
in those developed areas. Planning Officer Weber explained that it was not a good idea
to create nonconformities. Those developments were developed when the setback was
50,’ and at the time that they were approved, they met the ordinance requirement. She
emphasized that the City’s goal is to address future development not to create hardships
for existing developments that would be made nonconforming by a 75’ setback..
Lucy Quimby who resides at 1230 Kenduskeag Avenue, and is a member of
Bangor Area Citizens Organized For Responsible Development, called the Board’s
attention to some findings from Brad Guay of NEMO in which he feels that impervious
surface flows increase peak flows and detention ponds do not take care of these
problems. She said that there was already a significant problem from flow and did not
feel that some of existing developed properties were 50 feet from the stream, nor are their
parking lots 50 feet from the stream.
Valerie Carter, 112 Birch Street, also a member of BACORD , asked the Board to
recognize the long term cumulative effect of run off. She told the Board that she had
gotten some information from the State Department of Environmental Protection
regarding bio monitoring of streams that includes data from streams all over the State.
She told the Board that there is an existing problem with water quality that the City needs
to address.
Steven Leingsdorf, representing Stillwater LLC, told the Board that he did not
feel that it was necessary to change the zoning on his client’s (Widewaters) land. He also
added that he felt that the only major zoning change was to this property, and that they
were being singled out. He also added that he did not feel that the Department of
Environmental Protection has the authority to tell the City to rezone this area.
Vice Chairman Costlow closed the public hearing and asked for Staff comments.
Planning Officer Weber explained that the City does have Home Rule authority and is
allowed to develop its own ordinance. However, the City is presently under a Board
Order from the Department of Environmental Protection to change the Stream Protection
to Resource Protection along that segment of the Penjajawoc Stream that abuts
Widewater’s property. Planning Staff recommended approval.
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The Board discussed the issue of measuring zoning designation from the setback
in the Resource Protection and Stream Protection Districts and how the proposed zoning
was determined by the State.
Mr. Lingley said he felt that wetlands grow and shrink from time to time.
Planning Officer Weber added that DEP thought that the Stream Protection zoning
extended too far up the wetland complex, and that an RP designation was more
appropriate from a hydrological standpoint. Mr. Lingley felt that this was a good reason
for this zone change. Mr. Kreitzer felt that this was an effort to improve the quality of
the overall watershed, and it should be approved. Mr. Costlow expressed concern about
the Board making a recommendation since it was not involved with the DEP’s review of
the areas along the Stream.
Planning Weber noted that the Stream Protection District designation will remain
in the developed areas of the Penjajawoc Stream. The intent is to maintain the zoning
standards that were in place when the development occurred. The entire undeveloped
segments of the Stream corridor are the parcels that are being affected. The stream
setback along these properties will increase from 50’ to 75’ to bring the City into
compliance with State Shoreland Zoning.
Mrs. Bostwick asked why the developed areas are not being rezoned Resource
Protection instead of remaining Stream Protection. Planning Officer Weber noted that the
zoning could be changed to Resource Protection, but that action would have to be
undertaken in another zone change request. She added that right now the only change is
the setback requirement as stated in the Ordinance text. Mr. Costlow asked why one area
was taken out of Resource Protection and placed under Shopping & Personal Service.
Planning Officer Weber explained that the shoreland setback was already greater than 50
feet in this small area.
James Ring, Director of Infrastructure and Development Support, explained that
there was a very specific reason for the changes. The Department of Environmental
Protection Staff field checked the stream corridor to determine the extent of development
and wetlands before recommending the setback requirement. DEP realized that to
imposed a 75’ setback on developed parcels would create nonconformities.
Mr. Burgoyne suggested that the Board look into possible rezoning of vacant land
before these parcels are developed. Planning Officer Weber noted that the Board could
only take action on the Council Order before them. However, the Board could make such
a request to the City Council for future action. After some discussion, Mr. Lingley
moved to recommend to the City Council that the zone change contained in C.O. # 01-
221 be approved. Mrs. Bostwick seconded the motion, which carried unanimously.
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APPROVAL OF MINUTES
Item No. 8: Planning Board Approval of Minutes.
The Board continued this item.
OLD BUSINESS
Item No. 9: Site Development Plan approval to construct a 224,000 sq. ft. building
with a retail auto service use and an outdoor display area in excess of
1% located at 638V Stillwater Avenue in a Shopping and Personal
Service District. Widewaters Stillwater Co., LLC, applicant.
Vice Chairman Costlow discussed with the Board Justice Hjelm’s Order dated
May 30, 2001, mandating the Board approve Widewater’s Site Development Plan. Mrs.
Bostwick did not wish to vote as she did not participate in the public hearing on this
application. Vice Chairman Costlow asked for a vote to approve the Site Development
Plan. The Board voted 4 to 0 to approve the Site Development Plan.
NEW BUSINESS
Item No. 10. Site Development Plan Approval to construct a 1,560 sq. ft. storage
building and 6,157 sq. ft. of additional impervious surfaces for
parking and maneuvering at 127 Thatcher Street in an Industry and
Service District. Harley Plumbing & Heating, applicant.
Fred Marshall, of Plymouth Engineering, representing the applicant, explained
that this proposal was for construction of a 1500 sq. ft. storage building in an Industry &
Service District with the addition of approximately 8,000 sq. ft. of impervious surface
area. He noted that he had spoken with the City Engineering Office regarding their
concerns with stormwater issues, and that revised plans had been submitted addressing
those concerns.
Planning Officer Weber indicated that Staff recommended approval of the revised
plan that addressed storm water and utility infrastructure to the satisfaction of the City
Engineer. Staff now considered the application complete and consistent with Site
Development Plan submittal requirements, and recommended approval. Mr. Burgoyne
moved to approve the Site Development Plan as presented. Mr. Lingley seconded the
motion. The motion passed 5 to 0.
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Item No. 11: 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 noted that the applicant had sent a letter requesting that
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this item be continued until the June 19 meeting. Mr. Burgoyne moved to continue this
item, Mr. Lingley seconded the motion. The Board voted 5 to 0 in favor.
Item No. 12: Planning Board Review of Correspondence and Other
Communications from the Planning Office.
There being no further items for discussion, the meeting was adjourned at 8:29
p.m.
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