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
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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
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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.
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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.
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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.
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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.
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