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.
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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.