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HomeMy WebLinkAbout2018-09-04 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF SEPTEMBER 4, 2018 MINUTES Board Members Present: Charles Boothby, Chairman Ted Brush Nelson Durgin Phyllis Guerette Ken Huhn Pete Parizo Lisa Shaw, Assoc. Member City Staff Present: Jefferson Davis, Engineering Staff Sean Gambrel, Planning Staff David Gould, Planning Officer Paul Nicklas, Asst. City Solicitor John Theriault, City Engineer Chair Boothby called the meeting to order at 7:00 p.m. CONSENT AGENDA 1.Land Development Permit Application –Site Development PlanReview–534 Pushaw Road –Kevin & Patricia Schmersal, Applicants. Applicantproposes to construct a504 square-foot office building at anexisting kennel facility located at 534 Pushaw Road in a Rural Residence and Agricultural District. 2.Subdivision Revision-Bangor Theological Seminary Subdivision –359 Hammond Street –Blaine Meehan and Dennis & Adele Whiteley, applicants. Applicants propose to sell 4,094 square feet of Lot 3B of the Bangor Theological Seminary Subdivision to an abutter. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV Member Huhn moved approval of the consent agenda. Member Durgin seconded the motion. Approved unanimously. PUBLIC HEARINGS 3.Conditional Use and Site Development Plan Review –300 State Street – Professional Office in a Multifamily & Service Zoning District. Sleep Well, Inc. Applicant. Applicant seeks Conditional Use and Site Development Plan Approval touse the first floor of theexisting buildingat 300State Street as professional office use,located in a Multifamily and Service District (M&SD). Noah Sargent of Sleep Well, Inc. presented the application. Sleep Well, Inc. is currently located on State Street, nearby, and would like to move. Medical equipment sales and consultation are the primary use. No proponents or opponents. Associate Member Shaw inquired about the zoning situation on the property. David Gould provided the staff report. Operated as a funeral home for a number of years, which was also a conditional use. Parking was not been defined in the past but will be now. Mr. Gould reminded the board of the conditional use standards in §165-9. Member Guerette moves Conditional Use, seconded by Member Durgin. Approved unanimously. 4.OrdinanceChange -Amending Chapter 165, Section 13, Land Development Code of the City of Bangor. CO #18-315. Proposed amendment to modifyseveral definitions, change buffer requirements in certain districts, modifythe Urban Service District andShopping and PersonalService District,and amend Schedule A to replace Usable Open Space with Impervious Surface Ratio. Mr. Gould provided an overview of the proposed change. This moves the “open space” requirements in the developed areas to ISR, which is used on the developing areas. Any lots that currently do not meet ISR standards would be grandfathered, so there would be no issue unless the owner wanted to add more building or pavement. This also reduces buffer yardsfrom C Buffers to A Buffers to increase density in the urban core. Asst. City Solicitor Nicklas noted that the ISR is actually more straightforward and flexible, and probably more achievable than the minimumuseable open space standards. In addition, the reduction of buffers helpsincrease density in the urban core. Member Guerette clarifiedsizes of buffers to be changed. No proponents or opponents to the ordinance change. Member Huhn moves recommendation to the City Council, seconded by Member Durgin. Approved unanimously. 5.Amending Chapter 165, Land Development Code, and 177, Marijuana, of the Code of the City of Bangor. CO #18-337 Proposed amendment to add regulatoryprovisions tomedical marijuana establishments. Asst. City Solicitor Nicklas presented the ordinance change. This change adds standards for medicinal marijuana uses that have recently been passed. This is coming to the City based on recent changes to the State of Maine law. Member Durgin asked aboutthe removal of the definitionsof “retail” uses and how this might affect where the various uses may be located. Asst. City Solicitor Nicklas noted that there are no changes proposed for retail uses, but now medicinal uses will be regulated the same as retail. Mr. Gould provided an overview of the history of Marijuana laws in the city and why the proposed ordinance is before the board. Member Guerette moves recommendation to the City Council, Member Durgin seconds. Approved unanimously. NEW BUSINESS 6.Land Development Permit Application -Site Development PlanReview– Pickering Square –City of Bangor, Applicant. Applicant proposes to relocate the entrance to the Pickering Square Garage and install temporary buildings to house bus office, restrooms, and waiting areasto Pickering Square in a Downtown Development District. Jefferson Davis of the Engineering Department presented the application. Mr. Davis provided an overview of the Pickering Square project. Changes to the garage entrance requires that the bathrooms, office and waiting area to be moved. Both will be relocated to temporary buildings located in the Square. Also, will add three semi-enclosed bus shelters to the Square. Member Huhn asked about the “pass through” of Water Street. Mr. Davis noted that the pass through will be closed off. Member Brush askedhow long “temporary” would be. Mr. Davis notes 2-3 years. Associate Member Shaw asked about changes to the bathroom capacity. Mr. Davis answered there will now be threebathrooms, one ADA accessible. City Engineer John Theriault explained how the transit study will affect the need for bathrooms and officers, and how that relates to the need for temporary buildings and time frame. Member Guerette asked why this is being done before the transit study is complete. Mr. Theriault noted that this is a desired change regardless of what the transit study says. Will add parking spaces and will separate busses, pedestrians and traffic. Mr. Gould noted that his experience using the garage and the potential for accidents related to conflicts with the various uses in the space. No opponents or proponents. Member Durgin moved approval of the Land Development Permit Application –Site Development Plan. Seconded by Member Huhn. Approved unanimously. 7.Land Development Permit Application –Site Development PlanReview–11 Hamlin Way, Bangor Savings Bank, Applicant. Applicantproposes to add decorative external lights to new corporate office building located at 11 Hamlin Way in a Waterfront Development District. Member Parizo noted that he had a conflict of interest. Planning Board agreed unanimously. Member Parizo left the meeting. David Latullippe presented the application on behalf of Bangor Savings Bank. Mr. Latullippe noted that the purpose of the application is to “dress up” the building at night when the building is otherwise dark. Mr. Latullippe noted that the ordinance currently does not address lighting such as this. Mr. Latullippedescribed the minimal amount of light that would leave the property, and that they are only proposing 18 lights at 50 watts each. Mr. Latullippe noted that Planning Board couldgrant an exception to the section of the code about upward facing lights. Mr. Gould provided background on the city’s lighting ordinance. Mr. Gould noted the exception of decorative lighting, and warned against the slippery slope of decorative lighting getting out of hand. Mr. Latullippenoted that they were comfortablewith a condition that their lights must be less than 2000 lumens. Member Kuhn moved approval of the Land Development Permit Application –Site Development Plan with the condition that lightsbe under 2000 lumens. Seconded by Member Durgin. Approved unanimously. APPROVAL OF MINUTES 8.Approval of August 21stMeeting Minutes -Meeting minutes were unanimously approved. 9.Adjournment–Meeting adjourned at 8:00 p.m.