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HomeMy WebLinkAbout1999-06-01 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 1, 1999 MINUTES Board Members Present: Mary Ann Bostwick, Chair Ray Bolduc George Burgoyne Frederick Costlow Richard Fournier Robert Kreitzer Robert Lingley City Staff Present: John Lord Rodney McKay News Media Present: Bangor Daily News WLBZ TV 2 Planning Board Chair 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 Item No. 1: Site Development Plan Re-approval to construct a 9,445 square foot day care center located on Davis Road in a Government and Institutional Service District. Bangor Housing Authority, applicant. As no one wished to remove the item for discussion, Planning Board Chair Bostwick asked for a motion. Mr. Burgoyne moved to approve the Consent Agenda. That motion was seconded by Mr. Fournier, and it passed by a vote of 5 to 0. PUBLIC HEARINGS Item No. 2: Conditional Use/Site Development Plan approval to construct a 24' x 60' kennel located at 512 Pushaw Road in a Rural Residence and Agriculture District. Kevin Schmersal, applicant. Planning Board Chair Bostwick opened the public hearing and asked for proponents. Kevin Schmersal, the applicant, explained his project to the Board and asked for Board approval. Phil Roberts, a Pushaw Road neighbor, raised questions about whether there would be noise and if enough fencing and planting would be required. He also was concerned about the disposal of waste from the dog kennel. After the Board referred these questions to Mr. Schmersal, he noted that they were living in close proximity to the kennel and would not wish to have “baying dogs” and he also underlined the fact that this was a “breeding” kennel and not a “boarding” kennel (although he realized that this did not rule out boarding use in the future). Randy Cobb, a neighbor living across Pushaw Road from the site, indicated that he was opposed to the application because, regardless of what applicant’s intent was, this was to be a permit for a kennel. Ms. Bostwick closed the public hearing and then asked for Staff comment. Planning Officer Lord restated some of the facts from the memorandum indicating that the proposed use and site development exceeded the conditional use standards by a multiple of the minimum requirements and that it appeared that the conditional use clearly met all standards for conditional use approval in the Ordinance. He recommended conditional use and site development plan approval. Mr. Fournier recommended the conditional use which was seconded by Mr. Lingley. The vote was 5 to 0 in favor of the motion. Mr. Fournier then moved to grant site development plan approval which was also seconded by Mr. Lingley. This motion passed by a vote of 5 to 0, also. Item No. 3: To amend the Land Development Code by changing part of a parcel of land located at 810 State Street from Low Density Residential District and High Density Residential District to Shopping and Personal Service District. Said part of a parcel containing approximately 18,000 square feet. D & J Corp., applicant. C. O. # 99-197. 2 Planning Board Chair Bostwick opened the public hearing and called for proponents. Fred Marshall from the Ames Corporation, representing D & J Corp., explained the proposed zone change to the Board. He indicated that his client needed additional land to redevelop the motel units on the front of this parcel. He also indicated that although the rentals were mostly for longer periods of time than for normal transient use, the project would have to be licensed as a motel and therefore needed to be in the Shopping and Personal Service District as the existing units are. There being no opponents, Ms. Bostwick closed the public hearing. Planning Officer Lord explained that this piece of land was behind the existing Shopping and Personal Service zoning and parallel to State Street with an average depth of about 70 feet and was really only an adjustment of a zoning boundary to allow for redevelopment of the site to conform with present day land development code standards. Mr. Costlow raised a question as to whether there were other zoning districts which would accommodate the project. Planning Officer Lord explained that because the units would be licensed as a motel, the Shopping & Personal Service zoning was necessary. Mr. Fournier moved to recommend the zone change request to the City Council. The motion was seconded by Mr. Burgoyne and passed by a vote of 5 to 0. Item No. 4: To amend the Land Development Code by changing parcels of land located at 289, 295 and 303 Broadway; 336 Pine Street and 8 Stillwater Avenue from Government and Institutional Service District, Neighborhood Service District and Urban Residence 1 District to Contract Urban Service District. Said parcels containing approximately 1.25 acres. PJC, Corp, applicant. C.O. # 99-196. Board Chair Bostwick opened the public hearing and asked for proponents. Peter Hedrich, an engineer from DeLucca Hoffman, explained the existing zoning and existing land use and development of the site. He also commented on the contract conditions and noted that curb cuts on Stillwater Avenue would be eliminated and curb cuts on Broadway would be better defined than on the present site. Mr. Hedrich also noted that the neighborhood would be protected from the site use by plantings and buffer strips around the perimeter of the site. 3 Mr. Ed Reif, a property owner within the proposed site of the zone change, indicated that the conditions in the areas were deteriorated and that this would be an improvement to the neighborhood. Betty Lawson, a resident at 244 Mt. Hope Avenue, felt that this would be a great improvement and was in favor of the zone change. Debbie Lawson, a Mt. Hope Avenue resident, was also in favor of the zone change. Lucinda Masnyk, a Birch Hill Estates resident and the owner of the coffee shop within the site felt that the redevelopment would improve the looks of this corner and was, therefore, in favor of the zone change. At this point a letter from Deborah Thompson commenting on the significance of the Historic District in the Broadway area and the impact of this project upon it was read into the record. Also, petitions both pro and con on the zone change were accepted by the Board. Ms. Bostwick called for opponents. Charlie Curran, an East Side Neighborhood resident, spoke in opposition and stated that this would be a business encroachment on the neighborhood. Marlene Nightingale, 234 Pine Street, indicated that the levels of traffic in the neighborhood were already causing problems as people use Pine Street to avoid congestion at other intersections in the area. She felt that additional business development was undesirable. Ann Spencer, 168 Stillwater Avenue, stated that business development was hurting the neighborhood and that this would be another undesirable influence. Anna Granlelies, 34 Blackstone Street, spoke in opposition to this as an incursion into the neighborhood. Carl Norton, 94 Thornton Road, indicated that there were several pharmacies within a mile of this site and that this was an unnecessary introduction of commercial zoning in this area. Marilyn Ireland, 105 Third Street, noted the issues of the Rite Aid rezoning in her area and indicated that this was an undesirable location for this use. 4 Bill Phillips, 75 South Park Street, explained the many good features of this neighborhood and other neighborhoods in the built-up areas of the City and indicated that residents relied upon the City’s Land Use Policies when they invested in homes in such neighborhoods. He was opposed to the City’s departing from its land use policy for the neighborhood. Cliff Rosen, 16 McKinley Street, indicated that the proximity to St. Joseph Hospital was not relevant for this commercial intrusion into the neighborhood and that pedestrian conflicts which already existed would be made worse by more intensive commercial use of the site. Judy Harrison, Norfolk Street, indicated that this proposal was clearly contrary to the City’s Comprehensive Plan and she was opposed to it. Geoff Gratwick, 1230 Kenduskeag Avenue, stated that if redevelopment of the site was necessary it should be in line with City policy. Gwethalyn Phillips, 75 South Park Street, spoke at length of the residential viability of this and other in-town neighborhoods. Christopher Cordy, a Grove Street neighbor, spoke about the park and the existing neighborhood facilities which needed to be protected for the use by residents. Suzanne Kelly, 380 French Street, noted that residents needed to support all residential neighborhoods of the City. She also commented on the unique residential siting around Broadway Park as one of the more valuable features of this area. Jim Meunch, a Congress Street neighbor, pointed out that the function of this type of store was not to serve the “neighborhood” but a much larger service area and, therefore, this was inappropriate in this location. Leanne Maliner, a Garland Street neighbor, commented on the viable older homes in this area and the fact that many homes in the historic district have reduced the number of dwelling units in them over recent years, as buyers have invested in them. She noted that the site was visible from the historic district and would be a detraction. 5 Patricia Moulton, a Fountain Street neighbor, noted that the zone change did not make sense from a geographic or an urban planning perspective. Ms. Bostwick closed the public hearing and asked for comments from the Planning Officer. The Planning Officer noted that there were a number of issues that had been laid out in the memorandum, which related to this proposed zone change. He also noted that the testimony from the residents of the area brought the City’s Land Use Policies to life. He recommended that, since this zone change was in conflict with the City's’ Land Use policies and Comprehensive Plan, the Planning Board recommend denial to the City Council. After some discussion by Board Members, Member Lingley moved to recommend denial of the contract zone change in C.O. # 99-196 to the City Council. Mr. Fournier seconded the motion which passed by a vote of 5 to 0. APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes of May 18, 1999 Meeting. Mr. Fournier noted that he had recused himself from the site plan for the YMCA at the previous meeting because of his affiliation with the YMCA. The minutes did not note this. The minutes of the May 18, 1999 Meeting were approved unanimously with the added notation of Mr. Fournier’s being excused from voting on the YMCA site plan. NEW BUSINESS Item No. 6: Site Development Plan approval to construct an 8,000 square foot addition to the existing building at 1216 Hammond Street for machinery sales and service use in a General Commercial and Service District. Francis P. Rich, Jr., applicant. Planning Officer Lord indicated that the site development plan for the proposed 8,000 sq. ft. addition met the requirements of the General Commercial and Service District as well as the submittal requirements of the Land Development Code. Staff recommended site development plan approval. 6 Mr. Burgoyne moved to approve the site development plan as presented. Mr. Lingley seconded the motion, which passed unanimously. Item No. 7: Planning Board Review of Community Development Union Place Neighborhood Conservation Plan for consistency with the Citys Comprehensive Plan. Planning Officer Lord reviewed the land use recommendations of the Union Place Neighborhood Conservation Plan. He pointed out that this was consistent with the City’s overall land use policy for this area and recommended that the Board vote to inform the City Council that the NCP Plan was consistent with the City’s Comprehensive Plan. The Board moved, seconded and unanimously approved a motion to inform the City Council that the Union Place Neighborhood Conservation Plan was consistent with the City’s Comprehensive Plan. 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 9:04 p.m. 7