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PLANNING BOARD OF THE CITY OF BANGOR
� MEETING OF April 18, 2Q].7
MINUT�S
�oard M�mbers Present: .7ohn Kenney, Chairman
Charles Boothby
Phyllis Guerette
Nelson Durgin
Ste�e Hicks
Chuck [.eBlanc, Alternate Member
City Staff Present: Da�id G. Gould, Planning Officer
]ohn Theriauit, City Engineer
Chairman Kenney called the meeting to ord�r at 7:OOp.m.
PUBL�C H�AR�NGS
Item No. �.: To amend the Land Deve[opment Code by changing a
parcel of land iocated at 53 Burleigh Road from Low
DensEty Resider�tial {LDR) to a Contract Muitifamily &
Se�►ice (M&SD) District,
Cha�rman John Kenney aske� the applicant or their represen�afiive to make a brief
presentation of the request.
Ms. Sara Grant of �ie�ate Child Center indicatec� sl�� was requesting a rezoning �rom
Low Density Residential �o MultiFamily and Ser�[ce Distric�. She indica�ed she picked
this [ocatEon due to its bw crime rate and ease of access for picking up and dropping
of students. Sh� noted the 4 acre lofi wou�d have p�enty of space for on-s�te parking,
green play ar�as and bufFers for t�e neighbors. S�e indicate� �h� contract eanditions
wocald limit dwellings to no more �han two dwelling units and no mare fih two
stories all. She discussed �otentiaf noise feveEs and trained staff whEch wo�d be
employed. �,���`
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Chair Kenney as�ed if there were any o�her propor�ents, being none he asked for
apponents.
Pa�ricia Hette�mann of 29 Woadland Circle noted some inconsistenc�s that th�
a�p[ication had wi�h the Ciry's Comprehensive Plan in fil�e Zoning Polic�es and Land
Use Policy that wouid lead one to believe that pro�ec�ing the single family homes
wo�ld be of prime importance ta th� Ciry; She noted traffic concerns and potenfial
con�lic�s with stated polEcies within the plan. Sh� not�d that buffering the HemlocK
Ri�ge hameowners would be difficult as its ele�ation is h�gher than ��e propos�d site.
Mr, 7ahn Rebar of Waodland Dri�e noted t�e change coUld adversely impact his
inves�men�. He s�ggested the Board �isit the site and s�� th� potential t'or increased
traff�c. The change woufd have a [ong term impac� on t�e neighbarhood establis��d
in th� lat� 1980`s.
Mrs, Donna Miller read a letter into th� r�cord from Todd and Kimberly HiElier,
Mr. John Graham indicated he had an ad�acer�t apar�ment camplex w�ich hous�d
mostly eE�erly t�nan�s. He indicatecf his uni�s were very papular and has a waiting list,
He was cor�cerned that t�e chang� cou[d im�act i�is property values.
Kurt H�ttermann indEca�ed t#�e traffic may be severe during rUsh t�our times and the
site may ha�e stormwater and drainage issues. The Board disc�ssed fi�e rezoning
pro�osal ar�d nated site p�an issu�s woul� be �ea[t with a� ano�her time.
Planning Office� Gou�d indicated that the reqUest was to r�zon� a four acre parcel
from LDR to M&SD con�ract. The co�tract zone conditions would Iimit nUmber of
dwelling units irt a buifding to r�o more than two, and the number ot s�ories (2) as a
[imitation. Mr. Gould outlined the history of the area and the zoning since the ear[y
�980's. Mr, Gould noted thafi the ComprehensiWe Plan is nat �nte�d�d to be specific as
th� Zoning Maps. The Plan provides some guidance to the City to aid �n making land
use decisions.
Member Gueretke asked for additional information as to ti�e M&SD D�s�rict
Mr. Gould read �hroUgh the Permitfied and Conditianal uses in the District noting tha�
if changed the Zoni�g runs with the [and. Such that if fihe app[icant does not proceed
with t�e project she �nvisions than a second owner can da wha�ever elements are
al�owed in the district and the contract conditians. Mr. Go�ld no�ed an email from
Branimir Brozman who noted concern and strong object�on to the rezoning (attached)
Mr. Gould not�� that a contrack rezoning is �he applicanfi's preroga�i�e. Staff has
discussions wit� th� ap�[icant as to wha� provisions may aid in getting approval, b�t
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in the final analysis it's up to the appEicant to bring forward conditions it believes w�ll
aid ir� getting �he rezoning approved.
Member Boothby made a motian ta recommend the Ci�y Council adopfi C.O. # 17-
136, amending t�e Zoning at 53 Burle�gh Road from Low Density Residen�ial District
to contract MultiFamify and S�rvice District, Sara Grant applicant. Member �eBlanc
seconded fihe motion and t�e Board voted one in favor (Hicks) and five oppased. Th�
�ro�osed rezoning was not recommended by �he Board.
Item No. 2: To Amend Chapter 165, Land De�etopment Code, of the
Code of the Cify of Bangor, Section i3S by amending the
heighfi limit standards for buildir�gs 20 fee� or less from
the property line.
Chairman Kenney opened the Pu�lEc Hearing and Planning Officer David Gauld
provided the Board with an over�iew of �i�e proposed amendme�t. The Building
�nvelope standards were added into the Land Development Code in 1991. The intent
of the amer�dment is fo add some flexi�ility to situations where lim��ed or smal[
s�tbacks apply.
There are two instances w�en this will aris�, wh�n an �xisting nonconforming setback
places a bui�ding very cEose to a lot fine and when a re[axation is granted based on
�he average setbacks of adjacent �uildi�gs (i65-70 Minor Yard var�ations). Without
the proposed amendmen� a setback of one foot wouEd only a[low a building height of
one faot at the setbaek lin�. Th� propos�d amendment woUld provide for a min�mum
height of twenty feet regardless of ��e building setback dimension.
Th�re were no other proponents or opponents to �he pro�osed fext amendment.
Chairman Kenney thought the chang� made sens� and coul� allaw som� additiona!
deve�opment ar� smaller in tawn lofs.
Member Durgin made a motior� �o recommer�d that C.O. #17-135 be adopfied by the
City Council. M�mb�r Boothby s�conded the mation and t�e Board �ated cananimousfy
�o send a positiWe recommer�dation to the City Caunci[.
Item No, 3; Conditional Use appro�al for a private, wooden, pedestrian
bridge to be used to access the rear portion of applicant's
prope�-ty which is on the north side of the Penjajawoc
Stream at 17 Young Street, in a Low Density Residential
and S�ream Pro�ecfion District, �. Ken Lowe, applicant
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C�airman Kenney opened the �u�lic hearing and asKed ti�e appficant or their
represen�a�ive to provide the Board with an overview of their project.
Mr. Ken Lowe indicated he wished to bt�ild a pedes�rian �ridge in �tis back yard ac�ass
fihe brook. He indicated he had resided there since 2005. The previous bridge was
made of steei with wood decking and colfa�sed �n 201b. After the bridge collapsed
they had th� s��ef cut up and rema�ed so it would not cause ar�d further damage
downstream. The new hridge would be refocated to a spofi where the span would be
less.
Jeff Allen, professional engi�eer indicated the span would be about i8'across. The
piers wo�ld be form with concrete and the wark wou[d occur during low water flows.
The deck of the bridge would be on foo� abo�e the base flood efevatio�t.
Member Boathby questioned wheth�r th� p�er would b� in the str�am channel bas�d
on the drawings.
Mr. Allen indica�ed i� was o�t of the channel.
Mrs. Lowe not�d most of th�ir property was on th� other side of the stream, which is
w��re the kids ha�e room to ru� araund and play.
Chair Kenney closed the p�blic hea�ing.
Pfanr�er Gould noted that t�e pedestrian bridge is in a Stream Protection District, which
is a Shorefand Zoning designafiion. A brEdge is a conditiona[ Use in that Disfirict
primarily �o insUre na damage �a fish and wildlife.
Mr. Gould noted the Planning Office had experience with the prior owners of the
prap�rty who w�re �ery conc�rned that d�vefopment and parking lots �p stream was
caus�ng downstream flooding.
Mr. Gould noted that bridge structures across the Penobscot River have abutments
which are in the water. Mr. Gou�d noted that Staff is satisfied that the d�tails of ti�e
application are in order.
Member Boothby as�ed City �ngineer Theriaulf if l�e had any issues wi�h the plans
before the Baard.
Mr. Th�r�ault indicat�d he was satisfied with the plan set.
Member Durgin made a mo�ion to approve �he Conditional Use and Si�e Devilmen� Plan
�or Ken Lowe ta construc� a pedestr�an bridg� across the P�njajawoc Stream in a
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Stream Pratection Dis�ricr. Member Boothby seconded the mat�on and the Board �oted
unanimatasly to app�o�e the Cond�tional Us� and sir� D��elopm�nt Plan.
APPlZOVAL OF MINUTES
Item No. 4: Pianning Board appro►►al of Minutes
Member Lebfanc moved to apprave the Min�ates of March 21, 2017, as wri�en.
Member Boathby �tot�d two corrections; "fram" should be substituted for"form" and
Lane should be capitalized. Member Guerette noted s�e at�sfiained from voting as she
was not preser�t at that meeting.
C�air K�nn�y abstained, as he was not present at that meeting. The remaining five
members voted to approve t�e Minutes ofi March 21, 2017, mi�Utes as amended.
With no other �tems on t�e A�enda �he Board adjourned t�e meeting at 8.10pm.