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HomeMy WebLinkAbout1996-06-18 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 18, 1996 MINUTES Board Members Present: Moshe Myerowitz, Chairman Mary Ann Bostwick George Burgoyne Thomas Drummond Scott Hall Carol Woodcock City Staff Present: Norman Heitmann Lynn Johnson John Lord Robert Osborne News Media Present: Bangor Daily News Q105.6 Radio WABI TV WVII TV In the absence of Chairman Myerowitz, Vice Chairman Burgoyne called the meeting to order at 7:30 p.m. CONSENT AGENDA As no one wished to remove any of the items for discussion, Vice Chairman Burgoyne asked for a motion. Mr. Drummond moved to approve the Consent Agenda. Mrs. Woodcock seconded the motion, which carried by a vote of 5 to 0. The items approved were: Item No. 1: Site Development Plan approval to construct a 19,550 sq. ft. radiation oncology center building and connector tunnel of 1,400 sq. ft. between the Grant Tower and the Webber/Stetson Buildings at 489 State Street in a Government and Institutional Service District. Eastern Maine Medical Center, applicant. Item No. 2: Final Subdivision Plan Revision to Lot 19 located on Bangor Mall Boulevard in a Shopping & Personal 1 Service District. Redrob Associates/Cabrel Co., applicants. Item No. 3: Site Development Plan approval to construct a 24,900 sq. ft. building for retail use located on Lot 19B on Bangor Mall Boulevard in a Shopping and Personal Service District. Cabrel Co., applicant. PUBLIC HEARINGS Item No. 4: Conditional Use/Site Development Plan approval for a community living facility use located at 52 Division Street in an Urban Residential 2 District. Project Atrium, Inc., applicant. Vice Chairman Burgoyne opened the public hearing. Marvin Glazier, Esquire, representing the applicant, requested that this item be continued to the Board's next meeting (July 2, 1996). Planning Officer Lord explained that by granting the applicant a continuance, it would give the applicant time to determine whether or not this project fell under the provisions of the Fair Housing Act. Assistant City Solicitor Heitmann told the Board that if it decided not to postpone this item, it was the opinion of the Legal Department that the only matter for the Board to consider was if the Fair Housing Act did apply. If the Board made that determination, then it couldn't go any further. Mr. Hall moved to continue this item to the Board's July 2, 1996 meeting. Mrs. Woodcock seconded the motion. The Board voted 5 to 0 in favor. Item No. 5: Conditional Use/Site Development plan approval for construction of a 13,216 sq. ft. building for use as a place of worship in a High Density Residential District located at 987V Union Street. Messiah Baptist Church, applicant. Vice Chairman Burgoyne opened the public hearing and asked for proponents. He noted that only the conditional use aspect of this application was ready for review. Edmond Bearor, Esq., representing the applicant, told the Board 2 that the parcel was zoned HDR and as such a church would be allowed in that zone as a conditional use. He discussed the conditional use standards and told the Board that this project met those standards. Stan Plisga, of Plisga & Day, told the Board that he was still working on the site development plan, but that access would only be from Union Street; the building would be sited at the break point on the site and showed where the storm water drainage area was to be directed. He also indicated that sewer and water service for the building was to be extended from Union Street. Bill Hickey, 858 Ohio Street, told the Board that he lived next to the Ohio Street frontage that is a part of this parcel. He told the Board that this area was very wet and contained a drainage field for the septic system for the existing kennels. He told the Board the housing developments in this area had made the drainage get worse and he did not feel there should be more drainage added to this area. Mr. Bearor told the Board that the property would not drain onto those properties and the access would be from Union Street and not Ohio Street. The church holds two services on Sunday and one on Wednesday evening. The traffic generated by such use would be in off-peak hours on Union Street. He noted that there were wetland soils that had been delineated and a DEP Alteration application has been applied for. The proposal was to be tied into public water and sewer along Union Street. Mrs. Woodcock asked if the applicant proposed a school. Reverend Frankland told the Board that if there was a school in the future it would be for grades 1 thru 6. They had no desire to be part of a large school system. If any, it would only be for their own members. Mr. MacArthur, 826 Ohio Street, told the Board that he had concerns about drainage. He told the Board that the condo association had hired its own engineer (Mr. Ted Trembley)to review the project. He submitted a letter to the Board from Mr. Trembley. However, the engineer needed more information for review. He also expressed concerns about maintaining the existing tree line to serve as a buffer. The owners of the condos (Willowbrook Run) had spent $65,000 to correct site problems on their lot and did not wish to be faced with additional problems created from the development of this adjacent lot. He also commented on lack of notice to Willowbrook residents. 3 Jeff Fitch, 846 Ohio Street, told the Board that when the Willowbrook Run development was constructed it created drainage problems on his lot. He was concerned about the development of the proposed church site. He told the Board that he was able to connect to City sewer but was told by the City Engineering Dept that it was not feasible to extend the sewer any further out Ohio Street (due to ledge and the elevation of the existing Ohio Street sewer). Mike St. Thomas, 826 Ohio Street, told the Board that he was not opposed to the church. However, he was concerned about snow plowing on the adjacent site (his unit is the closest to the proposed church parcel). He would like to see the existing tree line remain and have a buffer zone. Paul Goss, 850 Ohio Street, agreed with Mr. Fitch's comments. He told the Board that he had 3 concerns: 1) would like to see the trees remain as a buffer zone, 2) he had concerns about drainage; and 3) that traffic come in from Union Street. Edward Dennis, 826 Ohio Street agreed with the others who had spoken. Reverend Frankland told the Board that he would like to have a meeting with the neighbors and have their engineer discuss this with his engineers at a time convenient to all. He told the Board that they wished to be good neighbors. Planning Officer Lord told the Board that the Staff shared the frustration of these residents. He noted that the site plan approved for Willowbrook Run was not the one that was built. He noted that this was a difficult area for drainage. He promised that someone from the City's Engineering Department would be at the Planning Board meeting to discuss drainage on the site plan. Planning Officer Lord went on to discuss the conditional use standards and told the Board that this proposal met those standards in that it was located on a major arterial street (Union Street); it had an impervious surface ratio of less than .40 (this project proposed .11). He noted that one of the conditional use requirements was that a site development plan be approved within 60 days of the conditional use approval. If not, the conditional use approval would lapse. Vice Chairman Burgoyne closed the public hearing and asked for a motion. Mr. Hall moved to approve the conditional use application. 4 Mrs. Bostwick seconded the motion. The Board voted 5 to 0 in favor. Item No. 6: Amending the Land Development Code - Chapter VIII, Article 11 - Off Street Parking - City of Bangor, applicant. C.O. # 96-241. Vice Chairman Burgoyne turned the meeting over to Chairman Myerowitz, who then asked Associate Members Woodcock and Bostwick to alternate voting beginning with Mrs. Woodcock. The public hearing was opened. No one spoke in opposition. Chairman Myerowitz then asked for Staff comments. Planning Officer Lord explained that this amendment would delete the requirement for a payment of $1,500 per "waived" parking space for new construction projects in the Downtown Development District and Waterfront Development District. He noted that the a similar amendment had been previously approved to delete that requirement for rehabilitation projects in order to help attract development activity. Staff recommended approval. Chairman Myerowitz closed the public hearing and asked for a motion. Mr. Drummond moved to recommend to the City Council that the zoning amendment contained in C.O. # 96-241 be approved. Mrs. Woodcock seconded the motion. The Board voted 5 to 0 in favor. Item No. 7: Amending the Land Development Code - Chapter VIII, Article 17, Sections 4.7A,(3) and 6.7, E. - City of Bangor, applicant. C.O. # 96-270. Chairman Myerowitz opened the public hearing. As no one spoke in opposition, he called upon the Planning Officer for comment. Planning Officer Lord explained that this amendment would require that so-called "specimen trees" (those with a six inch diameter) be maintained in the buffer yard areas of site developments when possible. He noted that concern had been expressed about the removal of these types of trees as it takes many years for replacement trees to reach the same maturity. Staff recommended approval. Chairman Myerowitz closed the public hearing and asked for a motion. Mr. Burgoyne moved to recommend to the City Council that the zoning amendment contained in C.O. # 96-270 be approved. Mrs. Bostwick seconded the motion, which carried unanimously. 5 APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes of June 4, 1996 Planning Board Meeting. The minutes of the June 4, 1996 Planning Board meeting were unanimously approved as printed. NEW BUSINESS Item No. 9: Site Development Plan approval to construct a 26,300 sq. ft. addition to the existing Bangor Public Library located at 145 Harlow Street in a Downtown Development District. Bangor Public Library/City of Bangor, applicants. Planning Officer Lord noted that revised plans had been submitted, since the time the Staff memo had been written, addressing concerns of Staff. As the plans were now in order, Staff recommended site plan approval. Mrs. Woodcock moved to approve the site development plan. Mr. Burgoyne seconded the motion. The motion passed 5 to 0. Mr. Hall moved to approve the request for a waiver of 10 parking spaces in the Downtown Development District. That motion was seconded by Mr. Burgoyne and it also passed 5 to 0. MISCELLANEOUS BUSINESS Item No. 10: Planning Board Review of Correspondence and Other Communications From the Planning Office. There was no correspondence for review. Planning Officer Lord noted that the City Clerk had been asked to place an order on the Council Agenda accepting Mr. MacArthur's resignation. The Board discussed future dates to set up a combination field trip to look at current development and a Board orientation session. There being no further items for discussion, the meeting was adjourned at 8:37 p.m. 6