HomeMy WebLinkAbout2013-10-15 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF OCTOBER 15, 2013
MINUTES
Board Members Present: Mr. Andrew Sturgeon, Chairman
Paul Bolin
Charles Boothby
Doug Damon
John Kenney
John Miller
Wayne Mallar, Alternate Member
Julie Williams
City Staff Present: David Gould
Paul Nicklas
Chairman Sturgeon called the meeting to order at 7:00 p.m.
PUBLIC HEARINGS
Item No. 1: Amending the Land Development Code, Chapter 165- Sections
165-96 and 165-105 to require that quarries and gravel pits are
located not less than 2500 feet from any residential district
boundary in an Urban Industry District and to allow loam and
soil harvesting in Rural Residence and Agricultural Districts.
City of Bangor, applicant. C.O. # 13-308.
Chairman Sturgeon opened the Public hearing and asked Assistant City Solicitor Paul
Nicklas to provide the Board an update on the Board's previous recommendation concerning
quarries.
Mr. Nicklas provided the Board with an overview of the discussions held at the
Business & Economic Development Committee and the City Council concerning changes to
the Districts where quarries are allowed. Mr. Nicklas noted both amendments were approved
by the City Council. However, there was an intent to include a 2,500 foot buffer around
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quarries, but it was not included in the Ordinance language. That oversight has been
corrected with this amendment.
Chairman Sturgeon asked if property owners were given notice of the changes which
may impact their property. Attorney Nicklas noted text amendments do not include specific
notice to all land owners within an impacted district. Public notice is published of text
amendments generally, as well as, the posting of the Board and Council Agendas.
Mr. Damon asked what the impact would be on existing operations. Mr. Nicklas noted
that all approved and legally operating quarries would be grandfathered as to their
approvals. Mr. Bolin indicated he was satisfied with the proposed language. Attorney Nicklas
noted while the 2,500 foot buffer appears extensive it really only impacts a couple of remote
outlying Urban Industry parcels.
There were no proponents or opponents present to speak concerning the proposed
amendments. Chairman Sturgeon closed the Public Hearing.
Some Board Members noted that the proposed changes were consistent with the
concerns they had raised previously.
Planning Officer Gould asked if the language dealing with loam and soil was definitive
enough to preclude gravel excavations. Mr. Nicklas noted earthmoving activities are
separated from quarries, mining and excavations.
Mr. Kenney moved to recommend that the City Council adopt the proposed changes
as contained in C.O. # 13-308. Mr. Boothby seconded the motion. The Board voted
unanimously to recommend the proposed amendment to the City Council for the proposed
amendment to the Land Development Code, amending setbacks for quarries in the Urban
Industry District and allowing loam and soil in the Rural Residence and Agricultural District,
as contained in C.O. # 13-308.
Item No. 2: Amending the Land Development Code, Chapter 165-Section
165-71 Residential Districts to increase the allowable weight of
small commercial vehicles parked in residential districts. City of
Bangor, applicant. C.O. # 13-310.
Chairman Sturgeon opened the Public Hearing and asked Assistant City Solicitor Paul
Nicklas to provide the Board with an overview of the proposed ordinance change.
Mr. Nicklas provided the Board with an overview of his review of the current provisions
and the proposed amendment to raise the allowable commercial vehicle size in Residentail
Districts. Attorney Nicklas noted that the current restriction is not on the radar of the Police
Department. The intent was to update the size of commercial vehicles to be more consistent
with current norms. Mr. Mallar noted the provision is largely ignored and not enforced,
noting some of the language is vague and should be fixed if it's to be enforced. Mr. Miller
asked how this would impact Recreational Vehicles (RV's). Mr. Nicklas noted RV’s are typically
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not recreational vehicles but that was something Staff was going to look into. Mr. Boothby
thought 1 ton vehicles were too big for residentail neighborhoods.
Mr. Bolin thought some provision may be made for public service vehicles where
workers may be on-call and need to have access to equipment for emergency repairs.
There were no proponents or opponents present to speak concerning the proposed
amendment. Chairman Sturgeon closed the Public Hearing.
Attorney Nicklas noted that the language should try and deal with this
comprehensively and it is not in immediate need of a resolution this evening. Getting the
Board's thoughts is helpful in trying to craft language that will meet most concerns.
Some Board Members noted the concept appeared to make sense, but the existing
language within the Code is confusing as to whether commercial vehicles should be allowed
or not.
Mr. Bolin moved to recommend that the City Council adopt the proposed changes to
Section 165-71 as contained in C.O. #13-310. The motion was seconded by Mr. Kenney.
The Board voted unanimously not to recommend the proposed amendment as written
and contained in C.O. # 13-310.
APPROVAL OF MINUTES
Item No. 3: Planning Board Approval of Minutes.
Chairman Sturgeon indicated that the Minutes of the October 1, 2013 Meeting were in
order. Mr. Bolin moved to approve the Minutes of the October 1, 2013 meeting. Mr. Miller
seconded the motion, which carried unanimously.
There being no further items for discussion, the meeting was adjourned at 7:24 p.m.