HomeMy WebLinkAbout1996-11-19 Planning Board Minutes
PLANNING BOARD `OF THE CITY OF BANGOR
MEETING OF NOVEMBER 19, 1996
MINUTES
Board Members Present: Moshe Myerowitz, Chairman
Mary Ann Bostwick
George Burgoyne
Thomas Drummond
Richard Fournier
Scott Hall
Carol Woodcock
City Staff Present: Norman Heitmann
Lynn Johnson
John Lord
Rodney McKay
Robert Osborne
News Media Present: Bangor Daily News
Chairman Myerowitz called the meeting to order at 7:00 p.m. He explained the
components of the agenda for the benefit of the audience.
CONSENT AGENDA
As no one wished to remove the items for discussion, Chairman Myerowitz asked
for a motion. Mr. Burgoyne moved to approve the Consent Agenda. Mrs. Woodcock
seconded the motion. The Board voted 5 to 0 in favor. The items approved were:
Item No. 1: Site Development Plan Approval to construct a 16-space parking lot located
at 232V Main Street in a General Commercial and Service District. Merrill
Merchants Bank, applicant.
Item No. 2: Site Development Plan approval to increase the snack bar building by 760
sq. ft. and decrease the club house building by 425 sq. ft. and other minor
site modifications at 339 Odlin Road in a General Commercial and Service
District. Blackbeard’s USA, applicant.
PUBLIC HEARINGS
1
Item No. 3: To amend the Land Development Code by changing a parcel of land
located on Outer Broadway from Low Density Residential District to
Contract Government and Institutional Service District subject to certain
conditions. Said parcel containing approximately l7.7 acres. St. Joseph
Healthcare Foundation, applicant. C.O. # 97-7.
Chairman Myerowitz opened the public hearing and asked for proponents. Mr.
Don Evans, Chief Operating Officer for St. Joseph Healthcare Foundation, spoke in favor
of the proposed contract zone change. He explained that the applicant was proposing
to build an approximately 40,000 sq. ft. building on this site in order to consolidate some of
their peripheral operations.
John Rohman, WBRC Architects, discussed the contract zone change conditions.
He noted that Condition B should have included a “fifty foot” buffer and suggested that
that be included. He told the Board that the applicant had met with the neighbors and
tried to incorporate suggestions of the neighbors in the contract conditions (no parking on
the Broadway side, a limit on the height of the building, and 50' buffer yards).
Chairman Myerowitz then asked for opponents. Dorothy Hill, an abutting property
owner on Broadway, spoke in opposition. She told the Board that: she did not feel that
50' was an adequate buffer; she had concerns about the proposed building height ;
traffic congestion; property values; drainage ; and future expansion of the proposed
facility. She did not feel that these concerns had been addressed and requested that the
Board delay consideration of this item until they could be addressed in writing.
Marcel Coffin, a Broadway resident, expressed her concern with increased traffic
resulting from this project and whether or not this project would negatively affect her
property values.
Richard Thomas, a Broadway property owner, was in favor of the project but had
concerns regarding traffic congestion. He suggested that improvements to laneage and
signals would help. He also felt that a 50' buffer zone was not adequate and suggested
that a 100' buffer from Broadway may be better.
Dr. George Wood, 840 Broadway, asked if future phases would be required to
abide by the same restrictions.
Planning Officer Lord noted that any future expansion would come under the
contract zoning conditions.
Chairman Myerowitz asked for comments from Staff. Planning Officer Lord told
the Board that this zone change request was consistent with the Comprehensive Plan.
This area of Broadway is proposed for Government and Institutional Service use (the
parcel in question lies between two G & ISD parcels - the Husson College parcel and the
2
Bangor High School parcel). Planning Officer Lord said that the proposed zone change
was also consistent with the existing uses in the area. He went on to say that the
contract conditions provided for an impervious surface ratio limit of .6 (which is not a
development standard in the G & ISD); provided for buffer areas on the north, south, and
rear of this parcel; had a height limit of 20' for a distance of 400' back and would not allow
for parking areas to be placed between the building and Broadway. Because the
proposed contract zone change was consistent with the Comprehensive Plan and
existing zoning, Staff recommended approval.
Planning Officer Lord also discussed programmed traffic improvements on
Broadway (future widenings and signalization).
Chairman Myerowitz asked if the contract zone change request met all the criteria
for the granting of a contract zone change could the Board recommend denial for other
reasons. Assistant City Solicitor Heitmann told the Board that it could have no basis for
denial.
Chairman Myerowitz closed the public hearing and asked for a motion. Mr. Hall
moved to recommend to the City Council that C.O. #97-7 be approved with an
amendment to Condition B be to add a 50' dimension to the proposed buffer zones on the
north, south, and rear sides of the parcel.
Mr. Hall told the audience that he appreciated their testimony. He said that many
of the items discussed were site development plan issues and would be discussed in
detail at that stage.
Mr. Burgoyne felt that because Broadway is a major arterial and the ordinance
makes provision for larger projects to be developed on these streets, this proposed
contract zone change was appropriate.
After some discussion, the Board voted 5 to 0 in favor of the motion.
Item No. 4: To amend the Land Development Code by changing a parcel of land
located at 915 Union Street from Shopping and Personal Service District to
General Commercial and Service District. Said parcel containing
approximately 11.5 acres. Eastern Maine Healthcare, applicant. C.O. #
97-8.
The public hearing was opened by Chairman Myerowitz who asked for
proponents. P. Andrew Hamilton, Esq., represented the applicant. He explained that the
applicant was proposing to consolidate existing functions such as out-patient
rehabilitation services, doctor’s offices, Affiliated Laboratories and Affiliated Material
Service, which is a wholesale business. Because of the wholesale use, the applicant
needed the zone change to General Commercial and Service Use. He told the Board
that he felt that the proposed change was consistent with the City’s Comprehensive Plan.
3
He noted that Norman Ledwin, Dennis King, Jean Mellett, Don Fletcher, Fred Marshall
and Pat Taber were also present to answer questions of the Board.
As no one spoke in opposition, Chairman Myerowitz asked for comments from
Staff. Planning Officer Lord told the Board that the proposed change was consistent with
the City’s Comprehensive Plan which calls for commercial use and also consistent with
the existing land uses in the area which are also commercial. Therefore, Staff
recommended approval.
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. # 97-8 be approved. Mr. Burgoyne seconded the motion, which
carried by a vote of 5 to 0.
Item No. 5: To amend the Land Development Code by changing a parcel of land
located on Union Street, Randolph Drive, Maxwell Lane and Kelly Drive
from High Density Residential District to Low Density Residential District.
Said parcel containing approximately 12 acres. City of Bangor, applicant.
C.O. # 97-9.
Chairman Myerowitz opened the public hearing and asked for comments from
proponents. Planning Officer Lord told the Board that this parcel was presently owned
by the Federal Government who had determined that it was “surplus” property.
Presently, it is zoned for High Density Residential use. The present use of this parcel
was for either single-family attached or single-family detached dwellings. This zone
change was initiated In order to protect the existing single-family area. Staff
recommended approval as the proposed change was consistent with the existing uses
and with the neighboring properties.
Earl Rafuse, 181 Randolph Drive and Charles Birkel, 171 Randolph Drive, both
spoke in favor of the proposed change.
As no one spoke in opposition, Chairman Myerowitz closed the public hearing and
asked for a motion. Mr. Drummond moved to recommend to the City Council that the
proposed zone change (contained in C.O. # 97-9) be approved. Mr. Burgoyne seconded
the motion. The Board voted 5 to 0 in favor.
APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes of November 5, 1996 Meeting.
The minutes of the November 5, 1996 Planning Board Meeting were unanimously
approved as printed.
NEW BUSINESS
4
Item No. 7: Site Development Plan approval to construct a 15,680 sq. ft. building for
retail use located on Gilman Road (614 Stillwater Avenue) in a Shopping
and Personal Service District. B. Dennis Payson, Jr., applicant.
Planning Officer Lord noted that all submittal requirements had been provided
except for documentation to allow the applicant access to the abutting property to tie into
the sewer. Staff would recommend that the Board approve this site development plan
with the condition that the applicant receive authority to access the abutting property to
access the sewer.
No one spoke in opposition. Chairman Myerowitz asked for a motion. Mr.
Burgoyne moved to approve the site development plan with the condition that the
applicant receive authority to access the abutting property to access the sewer. Mr.
Drummond seconded the motion, which passed unanimously.
MISCELLANEOUS BUSINESS
Item No. 8: Planning Board Review of Correspondence and Other Communications
From the Planning Office.
Planning Officer Lord noted that the Planning Office received a copy of a 60-day
extension of the completion date for the Salvation Army Project on South Park Street.
There being no further items for discussion, the meeting was adjourned at 8:15
p.m.
5