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HomeMy WebLinkAbout2000-05-16 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MAY 16, 2000 MINTUES Board Members Present: Richard Fournier, Vice Chairman George Burgoyne Frederick Costlow Robert Guerette Robert Kreitzer Robert Lingley City Staff Present: John Hamer Rodney McKay Robert Osborne Katherine Weber News Media Present: Bangor Daily News Vice-Chairman Fournier opened the meeting at 7:03 p.m. In the absence of Board Member Bostwick, Associate Members Kreitzer and Guerette alternated voting. CONSENT AGENDA As no one wished to remove any of the items for discussion, Vice-Chairman Fournier asked for a motion. Mr. Burgoyne moved to approve the Consent Agenda. The motion was seconded by Mr. Kreitzer, and it passed by a vote of 5 to 0. The items approved were: Item No. 1 Site Location of Development Modification/Site Development Plan approval to construct 2 additions (one for a 2,400 sq. ft. addition to the service area and one for a 3,600 sq. ft. addition to the showroom) at 1206 Hammond Street in a General Commercial and Service District. Webb’s RV, applicant. Item No. 2: Site Development Plan Revision to amend parking, traffic circulation and landscaping at 40-60 Summer Street in a General Commercial and Service District. Summer Street Capital, applicant. Item No. 3: Site Development Plan Revision to amend the approved plan by eliminating a 15’ wide truck egress aisle and to widen the existing aisle to the rear of the site at 45 Bangor Mall Boulevard in a Shopping and Personal Service District. Best Buy, Inc., applicant. Item No. 4: Site Development Plan approval to create a two lot subdivision (out of the two existing buildings) under the Planned Unit Development provisions located at 21-26 Boyd Street in a Multi-Family and Service District. Phillips Strickland House Corporation, applicant. Item No. 5: Final Subdivision Plan Revision approval to remove a condition on the placement of a driveway on Lot 3 of the approved Burleigh-Green Subdivision located on Burleigh Road. Richard Greene, applicant. Item No. 6: Site Development Plan approval to relocate an existing garage and construct 2 overhangs to be used as storage at 703 Essex Street in a Government and Institutional Service District. First United Methodist Church, applicant. PUBLIC HEARINGS Item No. 7: Conditional Use/Site Development Plan Approval to construct a 7,800 sq. ft. building for dog kennel use located at 1730V Stillwater Avenue in a Rural Residence and Agriculture District. Jennifer Shea, applicant. Vice-Chairman Fournier asked to be excused from voting on this item due to a conflict of interest. The Board voted 5 to 0 in favor of a motion to excuse Mr. Fournier from voting on this item. Board Member Costlow then chaired the meeting and reopened the public hearing. Joel Dearborn, Esq., representing the applicant, showed elevations drawings of the proposed kennel building and residence. He discussed the zoning district standards and the standards for conditional use approval. He addressed the issues of traffic, noise, septic waste disposal, buffers and architectural design. He told the Board that he felt the proposed use met the conditional use and zoning district standards. Jennifer Shea, the applicant, told the Board that she presently manages a kennel in Ellsworth. She noted that she proposed bay doors around the kennel runs to limit noise. She also noted that the doors would only be open a few hours a day. Ventilator fans are also proposed to provide fresh air. Mr. Burgoyne asked if the design was based on an existing kennel. Mr. Dearborn told the Board that Ms. Shea’s design was a composite of several kennel designs. Dick Baybine described the amount of wastewater generated by the proposed project. He indicated that he had met with the City’s Code Enforcement Officer and that they were in agreement that the proposed system was adequate. 2 Planning Officer Weber distributed a copy of a Memorandum from the Code Enforcement Officer regarding the wastewater treatment design and indicating that the proposed design was adequate. Chairman pro-tem Costlow then asked for comments from opponents. Terri Roberts, 530 Pushaw Road, spoke in opposition. She told the Board that she had concerns that the conditional use criteria were grossly inadequate for a kennel. She said that she was a neighbor of the Schmersal kennel who has 15 acres, and said she felt that a kennel should have 100 acres with trees and green areas. Mike Falvey, an abutting property owner, asked the Board if they would want a kennel in their backyard. He noted that there were many problems with the Essex Street and Union Street kennels. He said that he felt that the land area for a kennel should be on 15 acres, or greater. Alan Tripp, another abutting property owner, had concerns about the exercise area and how the applicant proposed to use it. Ms. Shea explained that each dog would be supervised by either the owner or the Staff. She told the Board that the bay doors would open at 11:00 a.m. and close at 5:30 p.m. There being no other proponents or opponents, Chairman pro-tem Costlow then asked for comments by Staff. Planning Officer Weber described the district standards as well as the conditional use standards and told the Board that the applicant met them. Staff recommended both conditional use and site development plan approval. Chairman pro-tem closed the public hearing. The Board asked Assistant City Solicitor Hamer if the City’s noise ordinance was applicable to dog kennels. Mr. Hamer indicated that the noise ordinance primarily applies to downtown activities and was not applicable to a kennel. The Board also discussed that while the provisions regarding development standards have been brought into question, the Board has to consider the standards under the present Ordinance for the current application. Mr. Costlow then called for a motion. Mr. Lingley moved to approve the conditional use. Mr. Kreitzer seconded the motion. The motion passed 5 to 0. Mr. Lingley then moved to approve the site development plan as presented. Mr. Kreitzer seconded the motion, which also passed 5 to 0. APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes of May 2, 2000 Meeting. The Planning Board voted 5 to 0 in favor of a motion to act on the Minutes of the May 2, 2000 Meeting at its next meeting. 3 NEW BUSINESS Item No. 9: Site Development Plan Approval to construct two baseball dugouts with a combined area of 308 sq. ft. for the softball fields located at Fifth Street Middle School in a Government and Institutional Service District. Fifth Street Middle School, applicant. Andy Sturgeon, from Ames Corporation, indicated that the dugouts were for the existing softball fields. He indicated that the dugouts would improve safety for the students. Robert MacDonald, Principal of Fifth Street Middle School, indicated that the benches currently in use have a mixture of players, coaches and spectators. The dugouts would separate the players from the spectators, and would help reduce distractions. No one spoke in opposition. Vice-Chairman Fournier asked for Staff comments. Planning Officer Weber told the Board that Staff recommended site development plan approval as the plan submitted met all ordinance and district standards. Mr. Burgoyne moved to approve the site development plan. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor. Item No. 10: Final Subdivision Plan Approval to subdivide property located on Stillwater Avenue and Gilman Road into three lots for commercial use in a Shopping and Personal Service District. The Widewaters Stillwater Co., LLC, applicant. P. Andrew Hamilton, Esq., representing the applicant explained that this was a four-lot minor subdivision plan. Mike Waugh, Surry Engineer Associates, indicated that the main parcel of the subdivision would be accessed through the Circuit City drive and that Stillwater Avenue will have to be channelized and widened. Also, a traffic signal will need to be installed at that location. James Ring, City Engineer, indicated that there was a letter of agreement between the subdivider and the City that the City would be provided with land for the future road right-of-way referred to on the Official City Map as the parallel service road. Planning Officer Weber told the Board that this subdivision had been through an intense review and it met the ordinance and submittal requirements. Staff recommended final subdivision plan approval. Mr. Costlow moved to approve the Final Plan. Mr. Burgoyne seconded the motion. The motion passed by a vote of 5 to 0. Item No. 11: Site Development Plan Approval to construct a 5,142 sq. ft. building for office space use located on BanAir Road in an Urban Industry District. Trio Software Corporation, applicant. Mr. Lingley asked to be excused from voting on this item due to a conflict of interest. The Board voted 5 to 0 in favor of a motion to excuse him. 4 Planning Officer Weber indicated that the plan was now complete and that Staff concerns detailed in the Staff Memorandum had been addressed. Mr. Costlow moved to approve the site development plan. Mr. Kreitzer seconded the motion that passed by a vote of 5 to 0. Item No. 12: Site Development Plan Approval to construct a 20,000 sq. ft. building for office use located at 1010V Union Street in a Shopping and Personal Service District. CMI, Inc., applicant. Ray Bolduc, WBRC Architects, represented the applicant and told the Board that the concerns expressed by Staff in the Staff Memorandum had been addressed. James Ring, City Engineer, indicated that a maintenance easement needed to be provided to the City for purposes of crossing the proposed CMI parking lot to hold the City harmless from any damage from heavy equipment crossing the site. Staff recommended site development plan approval with the condition that “approval is granted subject to the execution of an agreement by CMI, Inc., which provides the City with the right to access its existing maintenance easement along the southwest side of the development site through he parking areas and circulation roads of the proposed development. Said agreement to be executed with 30 days of site plan approval.” Mr. Costlow moved to approve the site development plan with the condition that approval is granted subject to the execution of an agreement by CMI, Inc. and executed within 30 days of site plan approval as indicated by Staff. Mr. Lingley seconded the motion. The Board voted 5 to 0 in favor. MISCELLANEOUS BUSINESS Item No. 13: Planning Board Review of Correspondence and Other Communications from the Planning Office. There being no further items for discussion, the meeting was adjourned at 8:45 p.m. 5