HomeMy WebLinkAbout1999-08-17 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF AUGUST 17, 1999
MINUTES
Board Members Present: Mary Ann Bostwick, Chairman
Ray Bolduc
George Burgoyne
Richard Fournier
Robert Kreitzer
Robert Lingley
City Staff Present: John Hamer
Lynn Johnson
John Lord
Rod McKay
Robert Osborne
News Media Present: Bangor Daily News
WABI-TV 5
WLBZ-TV 2
Chairman Bostwick called the meeting to order at 7:00 p.m. In the absence of
Board Member Costlow, Associate Members Bolduc and Kreitzer alternated voting
beginning with Mr. Bolduc.
CONSENT AGENDA
Chairman Bostwick noted that Staff has requested that Item No. 2 be removed
from the Consent Agenda and tabled for another meeting. Planning Officer Lord
indicated that the notification procedures required for this project had not been followed
and this item needed to be continued in order for proper notification to take place.
Item No. 2: Site Location of Development Modification/Site Development Plan
Approval to remove 33,850 sq. ft. of parking spaces on the second level of
the parking garage and replace it with 33,8750 sq. ft. of office space at 489
State Street in a Government and Institutional Service District. Eastern
Maine Medical Center, applicant.
Mr. Burgoyne moved to remove Item No. 2. From the Consent Agenda and table
it to another meeting. Mr. Fournier seconded the motion. The Board voted 5 to 0 in
favor.
As no one wished to remove either of the two remaining items on the Consent
Agenda, Chairman Bostwick asked for a motion. Mr. Burgoyne moved to approve the
Consent Agenda (Item Nos. 1 and 3). Mr. Lingley seconded the motion. The Board
voted 5 to 0 in favor. The items approved were:
Item No. 1: Site Development Plan approval to extend the completion date for
construction of a 24,000 sq. ft. building for use as an eye care center at
12V Ridgewood Drive in a General Commercial and Service District.
Vision Care of Maine, applicant.
Item No. 3: Site Development Plan approval to add a 12 ft. x 24 ft. accessory mobile
sales office at 1211 Hammond Street in a General Commercial and
Service District. Linnehan’s Credit Now Auto, 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. Fredric
Leadbetter, applicant.
Chairman Bostwick informed the Board that the applicant’s representative, John
Frawley, had submitted a letter requesting that this public hearing be continued to the
Board’s meeting on September 7, 1999, in order to address concerns of Staff.
Mr. Fournier moved to continue this public hearing to the September 7, 1999
meeting. Mr. Burgoyne seconded the motion, which carried 5 to 0.
Item No. 5: To amend the Land Development Code by changing parcels of land
located on Stillwater Avenue from Low Density Residential District to
Shopping and Personal Service District. Said parcels containing
approximately 25.6 acres. Judson M. Grant, Jr., applicant. C.O. # 99-262.
Chairman Bostwick opened the public hearing and asked for proponents. Fred
Marshall, of Ames Corporation, represented the applicant. He explained that the
applicant was requesting a zone change for two parcels located on Stillwater Avenue
from Low Density Residential District to Shopping and Personal Service District. He
told the Board that over the last 25 years dramatic changes had taken place along
Stillwater Avenue with the introduction of the Bangor Mall and the development around
the Mall itself. With the Maine Department of Transportation’s plans for a new
interchange, and the City’s plans for a parallel service road connecting Kittredge Road to
Gilman Road the applicant will lose 4.5 acres to the interchange development and 2.25
acres to the parallel service road development. With the commercial development along
Stillwater Avenue, the pending Interstate Interchange being constructed through one of
the applicant’s parcels, and the proposed parallel service road through the other parcel,
the applicant felt that Shopping and Personal Service District zoning would be more
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appropriate. Mr. Marshall also noted that the applicant proposed to leave a 150 foot
strip of Low Density Residential District zoning on land next to the Stillwater Gardens
Subdivision to provide a buffer to this neighborhood from the commercially zoned land.
Mrs. Bostwick then asked for opponents. Bill Murphy, 114 Drew Lane, told the
Board that he was 1 of 3 members of the Stillwater Gardens Association who were
planning to speak (representing the neighbors), Mr. Murphy made a presentation to the
Board outlining the reasons why he felt that this zone change request should be denied.
The reasons were: 1) it was a violation of the 1989 Comprehensive Plan which called for
Low Density Residential use of these parcels; the zoning was contrary to the goals and
objectives of the Comprehensive Plan; this zone change would have a negative effect
upon the property values within this neighborhood; and it would increase traffic in an
area that already has traffic problems. Mr. Murphy distributed, for the record, a petition
and a copy of a letter from a neighboring property owner both in opposition to the zone
change request.
Laurie Ryan, 25 Jennifer Lane, spoke in opposition. She discussed the definition
of “neighborhood” with the Board. She told the Board that she was concerned with
safety issues that might result if the zoning were changed. She felt that the increase in
traffic would be detrimental and commercial zoning would increase crime in their
neighborhood. She indicated that she bought her home in good faith based upon the
Comprehensive Plan. She also told the Board that she did not feel there was a need for
more commercially zoned land along Stillwater Avenue as there were empty lots on
Hogan Road and Stillwater Avenue that could be developed.
John Ryan, 25 Jennifer Lane, told the Board that he had conducted a survey of
vacant commercial properties along Broadway, Union Street, the Bangor Mall Area and
the downtown . He said that it didn’t make sense to change the zone with an over
abundance of prime commercial real estate available.
John Dionne, 36 Drew Lane, gave a brief history of the development of the
Stillwater Gardens Subdivision. He told the Board that he felt that because the property
owners built their homes in reliance on the City’s 1989 Comprehensive Plan, the Board
should honor that Plan.
Chairman Bostwick then called for comments from Staff. Planning Officer Lord
explained that the mobile home park was developed in the late 60’s and early 70’s in an
Agricultural Zone. In 1977 the Agricultural area where the Mall is located was rezoned
commercially and subsequently, the area along Stillwater Avenue adjacent to the Mall
was also rezoned to commercial. In 1989 a Major Street and Highway Study was done
for BACTS. That study recommended additional access capacity to the Mall area and a
recommendation was made for an interchange at I-95 and the Mall. He told the Board
that since that time the Maine Department of Transportation recognized the need to
provide for this additional capacity and the construction of the Interchange on Stillwater
Avenue (to be located between the theater property and the applicant’s property) is
proposed for next year. He went on to say that Staff had reviewed the drastic changes in
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development over the last 10 year period in this area and had determined a need for a
parallel service road from Kittredge Road to Gilman Road and Stillwater Avenue. Staff
felt with the introduction of interchange and the parallel service road that residential use
of this area under the zoning request was unrealistic. Staff would not recommend
residential use next to the parallel service road or the interchange ramp. Therefore, Staff
recommended that the Board recommended approval of the proposed zone change
request.
Mark Nesbitt, a Shannon Drive resident, said that he had attended a meeting when
he was told that there would be no construction on the parallel service road before 15
years. Planning Officer Lord told the Board that at any of the meetings, no one had said
that there would be no construction on the parallel service road for 15 years and that, in
fact, the City was committed to start construction within the next six years.
Ron Goody, 83 Drew Lane, felt that the mobile home park should be left
residential and that a 150’ buffer should be next to the interchange and parallel service
road.
John Dionne and Laurie Ryan expressed concern as to how the Board could
consider a zone change without knowing what was going to be developed.
Chairman Bostwick closed the public hearing. As the applicant’s representative
wished to speak to address comments from opponents, Chairman Bostwick reopened the
public hearing.
Fred Marshall noted that the applicant proposed to leave a 150’ buffer for Low
Density Residential zoning to protect the Stillwater Gardens Subdivision. He noted the
applicant would need to obtain DEP approvals as well as City approvals of any
development on that site if the zoning were changed. He also noted that State and City
laws have restrictions regarding noise and lighting. He said that comprehensive plans
change over time and need to be revised.
The public hearing was closed. Chairman Bostwick asked for Board comments.
Mr. Burgoyne said that he wished to protect residential neighborhoods as much as
possible and that he was opposed to introducing more traffic on Stillwater Avenue. He
felt there were many other pieces of land available for commercial development and
didn’t see where this was in the City’s best interest to change the zone.
Mr. Lingley agreed with Mr. Burgoyne. He said that he did not feel that the
introduction of the service road rendered no future residential use of these parcels. He
felt that the Board should honor the 1989 Comprehensive Plan. To change the zone
would be unfair to the existing owners and the traffic on Stillwater Avenue was already
unreasonable. He planned to vote for denial.
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Mr. Fournier said that this was a tough decision but that the Comprehensive Plan
was not in granite and was subject to change. Because things change, the Comprehensive
Plan changes.
Chairman Bostwick thanked those who spoke for all the work they did in
preparing for the meeting. She also noted that the City Council would make the final
decision on the zone change and their next meeting was scheduled for Monday, August
rd
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Chairman Bostwick indicated that she planned to voted against the zone change as
it was important to protect residential neighborhoods.
Mr. Burgoyne then moved to recommend to the City Council that the zone change
request contained in C.O. # 99-262 be denied. Mr. Lingley seconded the motion. The
Board voted 4 to 1 in favor of recommending denial of the proposed zone change request.
APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes of August 3, 1999 Meeting.
The minutes of the August 3, 1999 Planning Board Meeting were unanimously
approved as printed.
MISCELLANEOUS BUSINESS
Item No 7: Planning Board Review of Correspondence and Other Communications
From the Planning Office.
Amendment pages to the Land Development Code were distributed to the Board.
Planning Officer Lord noted that the Planning Office had received a copy of a 60-day
Completion Date Extension from the Code Enforcement Office for Bangor Christian
School on Broadway.
Planning Board Members congratulated Planning Officer Lord on his pending
retirement and expressed their gratitude for his many years of dedicated service to the
Board.
There being no further items for discussion, the meeting was adjourned at 8:21
p.m.
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