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HomeMy WebLinkAbout1996-03-19 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 19, 1996 MINUTES Board Members Present: Moshe Myerowitz, Chairman Mary Ann Bostwick George Burgoyne Thomas Drummond Scott Hall Carol Woodcock City Councilors Present: Councilor Popper City Staff Present: Edward Barrett Norman Heitmann Lynn Johnson John Lord News Media Present: Bangor Daily News WVII TV - Channel 7 Chairman Myerowitz called the meeting to order at 7:30 p.m. In the absence of Board Member MacArthur, Associate Members Woodcock and Bostwick were asked to alternate voting beginning with Mrs. Woodcock. CONSENT AGENDA As no one wished to remove the item for discussion, Chairman Myerowitz asked for a motion. Mr. Hall moved to approve the Consent Agenda. Mrs. Woodcock seconded the motion, which carried unanimously. The item approved was: Item No. 1: Site Development Plan approval to construct a 2,000 sq. ft. addition to the existing building and add 9 parking spaces at 861 Broadway in a Contract Industry and Service District. The Zone Corporation, applicant. PUBLIC HEARINGS Item No. 2: Official Map Amendment - to delete the discontinued portion of Patten Street from the Official Map. City of Bangor, applicant. The public hearing was opened by Chairman Myerowitz. Planning Officer Lord explained that this section of Patten Street was part of the Shaw's project area. Last fall, the City Council discontinued this portion of Patten Street as a public way and street effective April 1, 1996 in order to allow sufficient time for the properties to be acquired for the redevelopment parcel. Planning Officer Lord added that this was a "housekeeping" item to remove the discontinued portion of Patten Street from the Official Map. No one spoke in opposition. Chairman Myerowitz closed the public hearing and asked for a motion. Mr. Drummond moved to recommend that the discontinued portion of Patten Street be removed from the Official Map effective April 1996, to coincide with the actual date of the discontinuance of this portion of Patten Street as a public way and street (C.O. # 96-165). Mrs. Bostwick seconded the motion. The Board voted 5 to 0 in favor. APPROVAL OF MINUTES Item No. 3: Planning Board Approval of Minutes of March 5, 1996 Meeting. The Minutes of the March 5, 1996 Planning Board meeting were unanimously approved as printed. NEW BUSINESS Item No. 4: Site Development Plan approval to construct a 1-story, 11,700 sq. ft. addition and additional parking at 639 Grandview Avenue in a Government and Institutional Service District. Church of Jesus Christ of Latter Day Saints, applicant. Chairman Myerowitz explained to the many residents present at the meeting regarding this item that while this was not a public hearing, the Board would entertain input from the public. However, he noted that the Planning Board could not exceed its charge under the City's Land Development Code and the only issue before the Board was the site development plan under review. Prior to opening up the discussion, Chairman Myerowitz asked if such issues as light & air, sound levels, and odors from exhaust were issues outside of the Land Development Code purview. Assistant City Solicitor Heitmann told the Board that these issues were not part of the Land Development Code review process but were provided for in other parts of the City's Ordinances. It was not up to the Board to deal with these issues. Another question was raised regarding property values. Mr. Heitmann noted that there were no specific provisions in the in the Land Development Code for Board consideration of property values. Planning Officer Lord noted that the permitted and conditional use categories in the individual zoning districts were designed as safeguards to prevent property value erosion. Doug Whitney and Robert Frank, III, of WBRC Architects/Engineers, represented the applicant. Mr. Whitney noted that they had met with a couple of the neighbors that afternoon. As a result of that meeting the applicant wished to amend the site development plan to move the air conditioning units on the south side to the inner "L" court area in order to buffer sound between the unit and the abutting properties. The applicant was also proposing to relocate the satellite dish to this same area. Mr. Whitney noted that the addition was for an 11,700 sq. ft. addition and not 14,800 sq. ft., as originally noted. Mr. Whitney showed elevation drawings and indicated that the exterior would be brick, in keeping with the existing building. He also noted that the applicant was proposing to construct additional parking spaces (for a total of 181 spaces). The Board discussed with Mr. Whitney proposed screening, outside lighting, the need for additional parking spaces above the minimum ordinance standards, and noise minimization. Ken Fisher, 601 Grandview Avenue, spoke in opposition. He told the Board that while he had no objections to the existing church, an 11,670 sq. ft. addition was as large as the Civic Center and not appropriate for this residential area. The proposed parking lot expansion encroached upon the grass buffer strip between the church and the neighboring properties. He told the Board that he felt that this expansion would negatively affect property values. He went on to discuss traffic flow, future uses that would be allowed if the present owner vacated the property, and the existing storm water runoff problems in this area. He noted that the City had acknowledged that there were drainage problems in this area and he said that he felt that such a proposed expansion would only add to this problem. For these reasons, he urged the Board to deny this site development plan request. Edmond Bearor, Esq., an area resident representing abutting property owners, discussed with the Board screening and parking. He said that there were substantial gaps between the existing trees (between the ground and the lower branches) and suggested that lower trees and shrubs be added along those areas where the adjacent homes were. Regarding the proposed parking lot expansion of 48 more spaces, he told the Board that for the few times a year that the applicant would need the extra parking, he would rather see cars parked on-street rather than pave this area and take away from the grass area. A March 16, 1996 letter in opposition to this request from area residents (forwarded to the Planning Board) was introduced into the record. Questions were raised as to whether or not the applicant proposed to fully shield the dumpster on the southerly line, and whether or not the addition would block sunlight to the two houses across the street. Some neighbors requested that vinyl slatting not be allowed to be added to the existing fence to meet screening requirements. Joseph Hall, an abuttor on the south side of this project, told the Board that the present screening was less than effective. Lewis Hassell, Bishop of the Church, told the Board, that the church operated as a lay ministry and consisted of two congregations that share the facilities. Both congregations consisted of approximately 210 to 220 people. Two Sundays a year people from other congregations meet at this site. Approximately 700-800 people attending these meetings resulted in cars having to park on Grandview Avenue. The applicant proposed to create additional parking to keep the parking on-site. Bishop Hassell also discussed the Family History Library expansion and the other uses proposed for the addition which consisted of a large area off the main church that would be used as a basketball court (and for additional seating for the large groups attending twice a year) with small rooms around this area for additional bathrooms and meeting rooms. Planning Officer Lord told the Board that the City Engineering Department was aware of drainage problems in this area. The proposed site development plan provided for underground drainage to handle runoff and was designed so as not to drain onto adjacent lots. In regard to screening, Planning Officer Lord pointed out that the Ordinance required additional buffer yard requirements and the submittals included existing and proposed screening. He also told the Board that it was not a good idea to create a situation where people needed to park on-street because there wasn't sufficient parking on site. The Ordinance minimum requirement was just that, and, not necessarily optimal. Staff also requested that as a condition that the applicant submitted revised plans to the Planning Office showing the relocation and placement of the HVAC air conditioning system, the placement of the satellite dish and dumpster. Mr. Frank discussed both existing and proposed plantings, and the underground storm water runoff system. Mr. Hall said that he was impressed with the homework everyone had done and their efforts. He said that he felt that more screening (low type shrubs to fill in the gaps between the taller trees and the ground) needed to be added along the southerly boundary (where the abutting homes were) to minimize the impact of this addition. The Board also discussed installing a berm versus screening. Mr. Frank noted that the runoff from this property, as well as adjacent properties, needed to drain across this area and a berm would dam up the water and prevent normal runoff. After considerable discussion, Mr. Burgoyne moved to table this item and ask the applicant to submit revised plans showing the placement of the satellite dish, the HVAC system, dumpster, and additional screening. Mr. Frank said that the applicant wished to proceed and would prefer that the site development plan be approved with these conditions. Mr. Burgoyne withdrew his motion. Mrs. Woodcock then moved to approve the site development plan with the condition that revised plans be submitted to the Planning Office showing the placement of the satellite dish, the HVAC system, enclose the dumpster, and additional plantings along the southerly boundary to include 3' to 5' shrubs to fill in that area between the ground and the taller trees. Mr. Hall seconded the motion. The Board voted 5 to 0 in favor. MISCELLANEOUS BUSINESS Item No. 5: Planning Board Review of Correspondence and Other Communications From the Planning Office. Planning Officer Lord noted that the Planning Office had received a copy of a Temporary Certificate of Occupancy request for the Elks Club on Odlin Road. He also, distributed copies of the 1995 Annual Report for the Board's review. There being no further items for discussion, the meeting was adjourned at 9:24 p.m.