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.