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HomeMy WebLinkAbout1999-09-07 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF SEPTEMBER 7, 1999 MINUTES Board Members Present: Mary Ann Bostwick, Chairman George Burgoyne Frederick Costlow Richard Fournier Robert Kreitzer Robert Lingley City Staff Present: Lynn Johnson Robert Osborne News Media Present: Bangor Daily News Chairman Bostwick called the meeting to order at 7:00 p.m., and explained the components of the Agenda for the benefit of the audience. CONSENT AGENDA Mr. Burgoyne requested that Item No. 1 be removed from the Consent Agenda and considered under New Business. As no one else wished to remove the remaining items, Chairman Bostwick asked for a motion. Mr. Burgoyne moved to approve Item Nos. 2 and 3 on the Consent Agenda. Mr. Lingley seconded the motion. The Board voted 5 to 0 in favor. The items approved were: Item No. 2: Site Development Plan Approval to fill and grade property at the corner of Webster Avenue and Perry Road in an Industry and Service District. Cole Land Transportation Museum, applicant. Item No. 3: Site Development Plan Approval for an 8’ x 30’ accessory use trailer for used car sales use located at 114 Sylvan Road in a General Commercial and Service District. Darling’s Honda Nissan, applicant. PUBLIC HEARINGS Item No. 4: Conditional Use/Site Development Plan approval to construct a 4,000 sq. ft. building for use as a convenience store with gasoline pumps at 310V Stillwater Avenue in a Shopping and Personal Service District. Frederic Leadbetter, applicant. Chairman Bostwick opened the public hearing and asked for proponents. John Frawley, P.E., represented the applicant. He explained that the applicant was proposing a 4,000 sq. ft. convenience store with gasoline pumps. He told the Board that the applicant owned a convenience store with gasoline pumps located on Hammond Street Bulge that was a credit to that location. He apologized for postponing this item but told the Board that the applicant needed time to address traffic concerns. Mr. Frawley told the Board that the plan had been revised to reduce the number of curb cuts from two to one, to reduce the number of pumps from 8 to 6, and to add a striped center turning lane on Stillwater Avenue extending from Howard Street north to the I-95 overpass. He also noted that the proposed lighting was to be indirect with reduced wattage and pointed downward to minimize effects upon neighboring properties. Mr. Frawley discussed the 4 conditional use standards and told the Board that he felt that this use met those standards in that: 1) the development standards and use conditions of the Shopping and Personal Service District had been met; 2) the traffic study done in support of this application indicated that the proposed use would not create unreasonable traffic congestion or hazardous conditions; 3) adequate and appropriate utilities, drainage, parking ,loading and other necessary site improvements had been provided for; and 4) the proposed use was appropriate for the location sought and compatible with the other development in the area in that there were several commercial type uses in this area (Acadia Hospital, apartment complexes, Northern Mattress & Furniture, a convenience store and a nursing home). Mike Waugh, a traffic engineer with Surry Engineering, discussed the traffic study done in support of this application. He explained that this type of use generated approximately 169 vehicle trips per peak hour (one-way in plus one-way out). He went on to say that 70% of those trips would be existing trips and 30% would be new trips going specifically to this site. He discussed the proposed 12 foot striped center lane and the proposed 14’ travel lanes. He also discussed the data contained in the traffic study regarding traffic counts, High Accident Locations, and turning movement counts. When asked if a traffic light at Howard Street and Stillwater Avenue had been considered, Mr. Waugh indicated that the traffic data did not meet the specific warrants for the installation of a traffic light at that location. Mr. Frawley added that the proposed traffic improvements would help to improve traffic congestion in this area. Mr. Costlow asked if the applicant had provided for an oil/gas separator. Mr. Frawley indicated that the Code requirement for the gasoline pump installation would be followed. As no one else spoke in favor, Chairman Bostwick asked for opponents. Paul Brown, Esq., representing the abutting property owner, Mr. Dar, told the Board that Mr. Dar had concerns regarding the proposed increase in traffic that this use would generate. He told the Board that the proposed interstate interchange would help south and northbound traffic but would not help alleviate local traffic. He said his client was concerned with the intensity of use proposed. Other types of business with less intensive use could be allowed on this site and would create less traffic. He told the Board that the “commercial uses” noted in this area earlier were residential uses (the nursing home, apartment complexes, and Acadia Hospital). He indicated his concern about noise. Mr. Brown presented the Board with a petition in opposition to the proposed use. 2 Rob Juckett, 378 Fern Street, also spoke in opposition. He described the traffic problems that already existed along this area of Stillwater Avenue and told the Board that the Stillwater Park residents were concerned about further development in the Mall area. He indicated that traffic was backed up to Essex Street during the Christmas season. He told the Board that this area was a residential area and that a service station would not blend into the area. Lorrie Ryan, 25 Jennifer Lane, also spoke in opposition. She told the Board that she did not feel that a middle lane would help traffic in this area and would only make it worse. She told the Board that she did not want anymore traffic on Stillwater Avenue and asked the Board to deny the request. Pakkan Rejanseber, 321 Forest Avenue, told the Board that he too was concerned with the potential increase in traffic along Stillwater Avenue. He said that it took a long time in the morning and afternoon to turn into Stillwater Avenue from Forest Avenue. He also expressed his concern for the Stillwater Gardens residents if the proposal were approved. C. Joseph Polyot, 422 Birch Street, also spoke in opposition. He, too, was in opposition to adding more traffic along Stillwater Avenue. As no one else spoke, Chairman Bostwick asked for Staff comments. Planner Osborne discussed the conditional use criteria. He indicated that the Board had a judgment call to determine whether or not the use was appropriate for the location sought and whether the proposed use would not create unreasonable traffic congestion or hazardous conditions. He told the Board that the site development plan met the ordinance and submittal requirements. Staff recommended approval of the site development plan with the following conditions: 1) that the City Engineer review and approve the proposed off-site traffic improvements; and 2) that the off-site improvements on Stillwater Avenue be done at the applicant’s expense. Chairman Bostwick closed the public hearing and asked for comments. Mr. Lingley expressed his concern for increasing traffic along Stillwater Avenue. However, he indicated that because this particular site was zoned Shopping & Personal Service the convenience store would be a permitted use in the zone. Mr. Costlow added that the issue was the conditional use gasoline sales use and not the convenience store as this was a permitted use. Mr. Burgoyne was concerned with left-hand turns against three lanes of traffic in this area and concerned with adding more traffic along Stillwater Avenue. Mr. Fournier agreed with Mr. Lingley. He added that vehicles were already making left hand turns. He noted that there used to be gasoline sales in this area a few years ago. He was not opposed to having a convenience store at this location. He felt that the off-site improvements would help to improve the traffic in this area. 3 The Board also discussed noise and hours of operation. Chairman Bostwick asked for a motion. Mr. Burgoyne moved to approve the conditional use as proposed. Mr. Fournier seconded the motion. The Board voted 4 to 1 in favor. Mr. Fournier moved to approve the site development plan as presented with the conditions that: the City Engineer approve the final off-site improvements plan and that the off-site improvements be done at the applicant’s expense. Mr. Lingley seconded the motion. The Board voted 4 to 1 in favor of the motion. Item No. 5: Conditional Use/Site Development Plan approval to construct a 2,685 sq. ft. drive-thru restaurant (Dunkin Donuts) located at 327 Main Street in an Urban Service District. Holban, Inc., applicant. Chairman Bostwick opened the public hearing. Scott Braley, Plymouth Engineering, represented the applicant. He told the Board that revised plans had been submitted incorporating changes requested by Staff. Those changes included making traffic one-way, counter-clockwise around the building and that “do not enter” signage be placed at the south corner of the laundry building. No one spoke in opposition. Chairman Bostwick asked for Staff comments. Planner Osborne indicated that the four standard conditions for the granting of a conditional use had been met. Also, the specific conditions regarding adequate queue space and parking for on-premise customers were also met. Staff recommended conditional use approval. A revised site plan was submitted addressing Staff concerns regarding on-site traffic circulation and signage. As the plan was now in order, Staff also recommended site development plan approval. Chairman Bostwick closed the public hearing and asked for a motion. Mr. Burgoyne moved to approve the conditional use. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor. Mr. Lingley moved to approve the site development plan. That motion was seconded by Mr. Burgoyne and it passed by a vote of 5 to 0. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes of August 17, 1999 Meeting. The minutes of the August 17, 1999 meeting were approved as printed. NEW BUSINESS Item No. 7: Site Development Plan Approval to expand the existing parking lot located at 2141 Broadway in a Contract Government and Institutional Service District. Advent Christian Church, applicant. 4 Planner Osborne indicated that a revised plan had been submitted addressing appropriate plantings in the parking lot center island. As the plan was now in order and met all ordinance and submittal requirements, Staff recommended approval. Mr. Fournier moved to approve the site development plan. Mr. Lingley seconded the motion. The Board voted 5 to 0 in favor. Item No. 1: Site Development Plan Approval to relocate a shipping/receiving loading dock and dumpster at 491 Main Street in a General Commercial and Service District. Bangor Daily News, applicant. Mr. Osborne explained that the proposed site development plan was a minor rework of the existing site. The applicant was proposing a new loading dock, relocation of the dumpster, and the addition of a handicap space. Mr. Burgoyne had questions regarding proposed on-site truck traffic and placement of the proposed dumpster. Dave Hardy, of M. D. Hardy, Inc., explained that the truck traffic would be the applicant’s small vehicles that would access on the Buck Street side as there was not adequate turning space on Lincoln Street. The dumpster was to be located on the Lincoln Street side. The present dumpster is located on a grade causing people using it to have to walk up to the dumpster. The relocation of the dumpster would be at grade. There being no further discussion, Chairman Bostwick asked for a motion. Mr. Fournier moved to approve the site development plan. Mr. Costlow seconded the motion. The motion passed by a vote of 5 to 0. MISCELLANEOUS BUSINESS Item No. 8: Planning Board Review of Correspondence and Other Communications From the Planning Office. There being no further items for discussion, the meeting was adjourned at 9:07 p.m. 5 PLANNING BOARD OF THE CITY OF BANGOR MEETING OF SEPTEMBER 7, 1999 MINUTES Board Members Present: Mary Ann Bostwick, Chairman George Burgoyne Frederick Costlow Richard Fournier Robert Kreitzer Robert Lingley City Staff Present: Lynn Johnson Robert Osborne News Media Present: Chairman Bostwick called the meeting to order at 7:00 p.m., and explained the components of the Agenda for the benefit of the audience. CONSENT AGENDA Mr. Burgoyne requested that Item No. 1 be removed from the Consent Agenda and considered under New Business. As no one else wished to remove the remaining items, Chairman Bostwick asked for a motion. Mr. Burgoyne moved to approve Item Nos. 2 and 3 on the Consent Agenda. Mr. Lingley seconded the motion. The Board voted 5 to 0 in favor. The items approved were: Item No. 2: Site Development Plan Approval to fill and grade property at the corner of Webster Avenue and Perry Road in an Industry and Service District. Cole Land Transportation Museum, applicant. Item No. 3: Site Development Plan Approval for an 8’ x 30’ accessory use trailer for used car sales use located at 114 Sylvan Road in a General Commercial and Service District. Darling’s Honda Nissan, applicant. PUBLIC HEARINGS Item No. 4: Conditional Use/Site Development Plan approval to construct a 4,000 sq. ft. building for use as a convenience store with gasoline pumps at 310V Stillwater Avenue in a Shopping and Personal Service District. Frederic Leadbetter, applicant. Chairman Bostwick opened the public hearing and asked for proponents. John Frawley, P.E., represented the applicant. He explained that the applicant was proposing a 4,000 sq. ft. convenience store with gasoline pumps. He told the Board that the applicant owned a convenience store with gasoline pumps located on Hammond Street Bulge that was a credit to that location. He apologized for postponing this item but told the Board that applicant needed time to address traffic concerns. Mr. Frawley discussed the 4 special exception standards and told the Board that he felt that this use met those standards in that: lighting would be indirect with reduced wattage and pointed to shine directly down; Item No. 5: Conditional Use/Site Development Plan approval to construct a 2,685 sq. ft. drive-thru restaurant (Dunkin Donuts) located at 327 Main Street in an Urban Service District. Holban, Inc., applicant. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes of August 17, 1999 Meeting. The minutes of the August 17, 1999 meeting were approved as printed. NEW BUSINESS Item No. 7: Site Development Plan Approval to expand the existing parking lot located at 2141 Broadway in a Contract Government and Institutional Service District. Advent Christian Church, applicant. Item No. 1: Site Development Plan Approval to relocate a shipping/receiving loading dock and dumpster at 491 Main Street in a General Commercial and Service District. Bangor Daily News, applicant. MISCELLANEOUS BUSINESS Item No. 8: Planning Board Review of Correspondence and Other Communications From the Planning Office. There being no further items for discussion, the meeting was adjourned at 9:07 p.m.