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HomeMy WebLinkAbout2018-06-05 Planning Board Minutes COMMUNITY&ECONOMIC DEVELOPMENT PLANNING DIVISION PLANNING BOARD OF THE CITY OF BANGOR MEETING OF June 5, 2018 MINUTES Board Members Present:Charles Boothby, Chairman Edwin Brush Nelson Durgin Phyllis Guerette Steve Hicks Ken Huhn Lisa Shaw City Staff Present:David G. Gould, Planning Officer Sean Gambrel John Theriault, City Planner Paul Nicklas, Asst. City Solicitor Chair Boothby called the meeting to order at 7:00p.m. CONSENT AGENDA Item No. 1:Site Location of Development Act–Transfer –Application Birch Hill MHP, LLC Item No. 2:Site Location of Development Act, Minor Revision and Site Development Plan Approval –BIA Taxiway Reconstruction and Taxiway Removal Member Guerettemoved approvalof the consent agenda, seconded by Member Durgin. Vote unless doubted, no doubt. PUBLIC HEARINGS Item No. 3:Contract Zone Change –498 Essex Street from Contract Government and Institutional Service District (G&ISD) to Contract Urban Service District (USD). Said parcel of land containing approximately 5.4 acres of land. Neurology Associates of Eastern Maine Real Estate Group, LLC.applicant. Jim Munchpresented the application on behalf of the applicant. The Applicant is requesting thiszone change to allow use for medical clinic, dental clinic, and professional office, which is not allowed inthe G&ISDzone. All existing buffers would remain, andno building fronting on Essex Streetwould be allowed.Mr Munch stated that he suspects that resulting traffic to the site would be very light. Member Bush asked how hejustified his statement that professional office is less intrusive than medical office. Mr. Nimitz stated thatthere is generally considerably less trafficto a professionaloffice use than to a medical office use. Member Durgin asked if this change was consistent with the comprehensiveplan. Planning Officer David Gouldnoted that this site was originally envisioned for residentialuse,but in the 1980’s was changedto itscurrent medical/institutionaluse.The anticipated change never really came to fruition, so the board should consider what is appropriate now. Joseph Yawnspoke in opposition to the project, stating his concerns about the impact to the surrounding recreational facilities. Mr. Gould provided the staff report, describingthe history of the site,and the zoning and proposed uses over the years. The current proposal is for azonechange to allow professional office. The board should consider two questions: 1) What happens to the contract on the remaining land, and 2) how much office would be allowed here? There’s room for expansiongiven the size of the lot. Chair Boothby asked Mr. Munch what the future plans werefor the site. Mr. Munch stated that the applicant is simply trying to fill the current spacein the existing buildings,and is unaware of any plans to add buildings. Mr. Boothby inquired if the applicant would be willing to accept a limitation to rezone only the existing buildings. Mr. Nimitz replied that he hasn’t had that conversation with the applicant, so hewould be uncomfortable accepting that condition at this time. Member Durgin inquired abouttraffic impacts. Mr. Nimitz stated that the impacts were unlikely to be significant.He noted that new curb cuts cannot be added,and that professional office is not a large trip generator. Member Kuhn moved that the board recommend the City Council approve the request for rezoning. Member Durginseconded the motion.The motion was unanimously approved. Item No. 4: Conditional Use and Site Development Plan approval. 1105 Hammond Street. Adding a 1-bay car wash with associated utilities to the existing convenience store and auto service facility. In a General Commercial and Service District (GC&S). Leadbetter Real Property, Inc., applicant. Jim Kiser presented the application on behalf of the applicant. He noted that this application was not just a site plan but also a SLODA modification with Hammond Lumber next door (because of common- use storm waterfacility). The applicant is requesting theaddition of a1200 sq.ft. car wash building and additional 0.10 acres of impervious surfacerelated to the access for that building.He noted that most traffic into the car was would be from vehicles already utilizing the site, and that this would result in nonew curb cuts. Chair Boothby asked how the car wash waste water would be handled. Mr. Kiserstated that all waste water wouldgo into the city sewer via an oil-water separator. No proponents or opponentsspoke regarding the application. Planning Officer Gould provided the staff report. He noted that traffic generation was anticipated to be very small. He reminded the Board that this was a conditional use and therefore requires consideration of the architectural character of the building. Mr. Gould’s only concern is that landscaping from previous approved plans are not shown on this plan, and he is concerned that it would then not be included on subsequent plans. Mr. Gould suggested that the Board may want to add the previous landscaping as a condition of approval. Member Guerette moved approval of the application, with the condition that site landscaping complies with November 2005 approved site plan.Member Durginseconded the motion. The motion was unanimously approved. NEW BUSINESS Item No. 5:Site Development Plan –Davis Road and Downeast Circle –Park and Playground Facilities –Bangor Housing Authority, applicant. Chair Boothby indicated that he had a conflict of interest due to his involvementwith Bangor Housing Authority and asked to be recused from the discussion.Member Guerette moved that Chair Boothby hada conflict of interest. The board agreed unanimously. Member Durgin assumed role as chair. John Kenney of WBRC presented the application on behalf of Bangor Housing Authority.He noted that the site currently has a learning trail and winter skating rink, and that Bangor Housing is proposing a new recreating facility that will include a skate park, basketball court, playground, splash park, exercise equipment, and other features. This will add around 20,000 sq. ft. of new impervioussurface to the site. 96% of this impervious surface will be treated by new soil filter. All site lighting will be LED, and will be on a timer to discourage late night use.The applicant would like to start construction ASAP, hoping that the facility can get some use before winter. Member Kuhn stated his support for the project. Member Guerette agreed. Member Guerette asked if parking for the site was sufficient. Mr. Kenney stated that he believed so. He noted that many homes nearby are walkable, and that there is additional parking available across the street at Bangor Housing Authority office. Member Brush asked if the hours of usewould be limited. Mr. Kenney stated that lights will be on timers, and will be scheduledas with other city parks. Acting Chair Durgin asked who is responsiblefor facility maintenance. Mr. Kenney stated that Bangor Housing Authority would be solely responsiblefor the facility. Acting Chair Durgin asked for public comment. Robert Zall, resident of Downeast Circle,spoke in oppositionto the project, concerned about noise at night and vandalism. He stated that the current park is not patrolled by Bangor Housing Authority. Carol Saulier also spoke in opposition to the project. She noted that past rezoning efforts have specified that the area should be kept residential. She noted thatneighboring homes have drainage issues already, and that this is the area thatthe entire neighborhood drains to, and that she is concerned that this will make drainage issues worse. She also noted that the adjacent homes are very close to the proposed use,and that most of the residents of these homes are elderly and would be impacted significantly. Additionally she has noticeddrug use and needles on the siteand is concerned about small children using this facility with these behaviors going on. Overall, she believes current use of the property is appropriate anddoesn’t want to see it change. Joseph Yawn, resident of Downeast Circle, noted that he has experienced many problems in the area with crime and nuisance,andpoliceresponse is slow. He is concernedthat there won’t be any change to these issues. He alsoshares concerns about the site,andthe earthwork required to do this. He stated that a playground and basketballcourt are available at the Downeast School, whichisn’t far away. Overall he doesn’t feel that this is necessaryand would rather see something like this located further away from homes. Anita Frenstead, a25 year resident of the area, stated that shefeltthat the areas between the housing in residential blocks would be better locations for these facilities, as this particular site is very wet. David Gould provided the staff report. He stated that Bangor Housing Authority is requesting approval to build recreational facilities on their own property, which is allowedunder the ordinance. Member Guerette asked if there were wetlands on site. Mr. Kenney stated none presently–any that had existied on site were removed in the past. Member Shawasked if alternative sites had been considered. Mr. Kenney stated that the applicant was looking for a central location with access to a road–also, this location isnear other Bangor Housing Authority facilities, bus service, etc., so it seemed perfect. Member Guerette asked if there were any noise concerns anticipated. Mr.Kenney stated that useof the facilities would be limited by the lighting schedule. He pointed out that intensive uses are located closer to Davis Road. Member Hicks asked if there would be any screening around the site. Mr. Kenney stated that there would be several trees and plantings, but no continuous screening, to allow visibility. Member Guerette moved approvalof the application. Member Huhn seconded the motion. The Board voted 3 in favor, 3 opposed. Because a motion needs a minimum of 4 votes to pass, the motionwas defeatedand the application denied approval. Assistant City Solicitor Paul Nicklas reminded Board members that they needed to state their reasons for denial, citing the sections of the Code that the application was not in compliance with. Member Brush stated that he felt there were too many concerns from citizens,and that he had concerns with the conditions on the site.He did not cite a portion of the code to back his vote. Member Guerettestated that she had concerns with noiseon the site and was worried about traffic and parking. She did not cite a section of the code to back her vote. Member Hicksstated that he voted no based on noise impacts to the neighbors. He did not cite a section of the code to back his vote. Item No. 6: Site Location of Development Act and Site Development Plan Approvals –Polk Street –Office and hanger additions and related site improvements. City of Bangor, Bangor International Airport, applicant. Randy Bragg with Carpenter Associates presented the application to connect two existing hangars with an office building atthe C&L Aviation facility at Bangor International Airport.This building will be built adjacent to Polk St, opposite of the main C&Lbuildings. The applicant also is requesting to add additional parking at the front of their facility, toward Godfrey Blvd. Member Durgin moved approvalof the application as presented. Member Huhnseconded the motion. The motion was approved unanimously. th Item No. 7:Planning Board Approval of Minutes –May 15, 2018 Meeting minutes were unanimously approved. Mr. Gould noted that a Special Meeting willbe held on June 27, 2018 at 7pm, in place of the cancelled meeting on the week of July 4. Meeting adjourned at 9:00 P.M.