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HomeMy WebLinkAbout1996-05-07 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR AMENDED MEETING OF MAY 7, 1996 MINUTES Board Members Present: Moshe Myerowitz, Chairman Mary Ann Bostwick George Burgoyne Thomas Drummond Scott Hall Carol Woodcock City Councilors Present: Councilor Blanchette Councilor Popper City Staff Present: Lynn Johnson John Lord Rodney McKay Robert Osborne Erik Stumpfel News Media Present: Bangor Daily News Q106.5 Radio WABI-TV WLBZ-TV WVII-TV Chairman Myerowitz called the meeting to order at 7:30 p.m., and explained the components of the Agenda for the benefit of the audience. In the absence of Board Member MacArthur, Associate Members Bostwick and Woodcock were asked to alternate voting beginning with Mrs. Bostwick. CONSENT AGENDA As no one wished to remove any item for discussion, Chairman Myerowitz asked for a motion. Mr. Drummond moved to approve the Consent Agenda. Mrs. Bostwick seconded the motion, which carried unanimously. The items approved were: 1 Item No. 1: Site Development Plan Approval to reorient the bank drive-thru and construct additional parking spaces at 201 Main Street in a Downtown Development District. Merrill Merchants Bank, applicant. Item No. 2: Site Development Plan approval to create a flag lot at 1297 Ohio Street in a Rural Residence and Agricultural District. Roger Tracy, applicant. Item No. 3: Site Development Plan approval to construct a new entrance, and install a culvert at Target Industrial Circle in an Urban Industry District. P.T. I. Warehouse, Inc., applicant. PUBLIC HEARINGS Item No. 4: To amend the Land Development Code by changing a part of a parcel of land located at 55 Kittredge Road from Rural Residence and Agricultural District to Contract Government and Institutional Service District. Said part of a parcel containing approximately 5.5 acres. Messiah Baptist Church, applicant. C.O. # 96-196. Chairman Myerowitz opened the public hearing. He said that as the Board is a quasi judicial board any outside communication (ex parte) about an issue before the Board needed to be on public record. He told the Board that he had been contacted by the applicant who had given a general description of the request and had asked him to visit the site. Chairman Myerowitz said that he was aware that the applicant had contacted other Board Members and if issues other than what he had described had been discussed, then they should be discussed during the meeting. The other Board Members noted that they had had no additional communication with the applicant other than that described by the Chairman. Chairman Myerowitz then asked for proponents. Edmond Bearor, Esq., represented the applicant. He explained that the applicant was requesting a contract zone change for only 5.5 acres of an 11 acre parcel located on Kittredge Road; the proposed contract condition limited the use to only a church; the applicant was proposing to keeping the same density as that in the Rural Residence and Agricultural District; and the applicant would be willing to sell off the remainder of the parcel for commercial use(this area is proposed for commercial use in the Comprehensive Plan). He also 2 handed out a portion of the Comprehensive Plan dealing with the Primary Service Area (Part III, Page 3-1) as well as the Urban Growth Boundary (Part III, Page 5-5). He told the Board that as the applicant did not intend to use public water and sewer for this development because it would be cost prohibitive (the applicant had received estimates in the area of $500,000); and, therefore, they did not need to fall within the primary service area. He told Board that the Primary Service Area was not intended to be a curb on development - just a guideline for future policy decisions. He went on to say that this use would not be incompatible with the existing uses in the area. Mr. Bearor noted that the applicant had had the site analyzed for on-site waste disposal and water and they had designed a system larger than what they actually needed. The Board had questions as to why the applicant chose not to rezone that portion of this parcel that was closer to the primary service area, whether or not the applicant was proposing to install a radio tower, if the applicant was proposing a school, if so, would it be a hazard to school buses entering and exiting from this site, and the distance this parcel was from the primary service area boundary. Rev. Frankland, Pastor of Messiah Baptist Church, told the Board that the reason why they requested the upper area for the zone change was because of a proposed road coming through the parcel connecting Kittredge Road and Stillwater Avenue and the fact that this area was removed from everything making a proposed church unobtrusive to the neighbors. He said that he had no desire for a high school; if any school, it would be K-3. John Largay, J. F. Singleton Company, representing the property owners told the Board that it was very difficult to find a parcel of land for church development within the City. Mr. Largay went on to say that the applicant was unable to find a site along the major arteries in the City. This parcel seemed to be the best suited as it was large enough for parking, and the use would not encroach upon the neighbors. Thomas Davis, an abutting property owner representing Davis Farm, told the Board that he was in favor of the proposed contract zone change. 3 There being no other proponents, Chairman Myerowitz asked for opponents. Arthur Parsons, a Kittredge Road resident, told the Board that because of the extensive ledge in the area, he wondered what protection he would have from potential blasting from new construction. Pastor Frankland told the Board that they would be building on a slab, thus eliminating the need for blasting. Janice Thibodeau, 212 Kittredge Road, told the Board that this property was located on a sharp curve and a blind hill which would create a traffic hazard along this section of Kittredge Road. She was concerned about ledge in the area and the small brooks that exist there now and concerned about the abundant wildlife that exists (deer, moose, raccoons). Mr. Rodriguez, another Kittredge Road property owner, agreed with Mr. Parsons and Mrs. Thibodeau. He added that he was concerned with subsurface drainage due to the ledge; the placement of an on-site waste disposal system and how it might affect his well; the preservation of the existing wildlife in this area; and the possibility of a radio tower being erected at this site. Chairman Myerowitz then asked to be excused from voting on the issue due to a conflict of interest. He stated that he had a parcel of land located on Outer Broadway in a G & ISD zone that will be going up for sale in the near future and did not feel comfortable voting on this issue. Mr. Drummond moved to excuse Chairman Meyerowitz from voting. Mrs. Woodcock seconded the motion, which carried 5 to 0. Mr. Drummond, as senior member, was asked to Chair and Mrs. Bostwick was asked to vote. Mr. Drummond then closed the public hearing and asked for Staff comments. Planning Officer Lord explained that during the 1980's development in some locations outstripped the City's ability to provide public services. The Primary Service Area concept is a vehicle for the coordination of services the City is responsible for with land uses initiated through zoning. The boundary of the primary services area provides the outer limits of urban development that the City can provide public (urban) services to. To allow a site to be developed with an urban density without urban services (should 4 the on-site systems fail) could result in the necessity for the City to absorb the costs to provide services. The City is trying to avoid such costs. He noted that there were several large parcels throughout the City that had urban services that would be suitable for this type of development. However, because they did have urban services available to them their costs would be higher. The Planning Officer went on to say that State Statutes required that the zoning be consistent with the Comprehensive Plan. Staff recommended denial of this request as it was inconsistent with the City's development policy to allow urban development in areas where urban services were not available. Mr. Drummond then asked for a motion. Mr. Burgoyne moved to recommend to the City Council that this zone change request be approved. Mr. Hall seconded the motion. Mr. Burgoyne felt that the City had adopted the primary service area for a reason. If it was the City's desire to extend services into this area then it should be up to the City Council to make that decision. Mr. Hall felt that to approve this request would be inconsistent with a very strict interpretation of the City's land use policy and the Board needed to make its decision upon the guidelines it is under. Mrs. Bostwick felt that the Board should go along with the City's primary service area boundary. Mrs. Woodcock felt that it should be up to the City Council to change the boundary of the primary service area (not the Planing Board). The Board voted 0 in favor and 5 opposed to the motion. Mr. Burgoyne then moved to recommend disapproval to the City Council. Mrs. Woodcock seconded the motion. The Board voted 5 to 0 in favor of the motion to recommend disapproval of C.O. # 96-196. Item No. 5: To amend the Land Development Code by changing a parcel of land located at 145 Harlow Street from Urban Residence 2 District and Government and Institutional Service District to Downtown Development District. Said parcel containing approximately 69,063 sq. ft. Bangor Public Library and City of Bangor applicants. C.O. # 96-197. Chairman Myerowitz opened the public hearing and asked for proponents. Barbara McDade, Director of the Library, and Robert Frank III, of WBRC Architects, spoke in favor of the proposed change. 5 Mrs. McDade explained that the Library was back before the Board to rezone this parcel to Downtown Development District. Once the final determination as to how much land the City was going to deed over to the Library had been established, it was discovered that less land was going to be given. It was discovered that in order to be able to construct an addition and provide additional parking it was necessary to rezone this parcel to Downtown Development District. Planning Officer Lord told the Board that this zone change request was consistent with the Comprehensive Plan as well as consistent with the existing zoning in the area. Staff recommended approval. No one spoke in opposition. Chairman Myerowitz closed the public hearing and asked for a motion. Mrs. Woodcock moved to recommend to the City Council that the zone change request contained in C.O. # 96-197 be approved. Mr. Hall seconded the motion. The Board voted 5 to 0 in favor. Item No. 6: Amending Chapter VIII, Article 8 - Shoreland Zoning - Principle and Accessory Structures. City of Bangor, applicant. C.O. # 96-198. Chairman Myerowitz opened the public hearing. Planning Officer Lord explained that some existing structures had been made nonconforming by the State's mandatory Shoreland Zoning Standards. In particular, parts of the Eastern Maine Medical Center and Bangor Mental Health Institute are within 250 feet of the river. This amendment would relive them of the most restrictive standards. He noted that Staff had forwarded this amendment to the State and had received approval. Staff recommended approval to the City Council. Chairman Myerowitz closed the public hearing and asked for a motion. Mrs. Bostwick moved to recommend to the City Council that the zoning amendment contained in 96-198 be approved Mr. Drummond seconded the motion. The motion passed 5 to 0. APPROVAL OF MINUTES Item No. 7: Planning Board Approval of Minutes of April 16, 1996 Meeting. The minutes of the April 16, 1996 Planning Board Meeting were unanimously approved as printed. 6 MISCELLANEOUS BUSINESS Item No. 8: Planning Board Review of Correspondence and Other Communications From the Planning Office. As there were no items for Board Review, the meeting was adjourned at 10:03 p.m. 7