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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 2 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 3 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.