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HomeMy WebLinkAbout2019-10-15 Planning Board Minutes PLANNING BOARD MEETING MINUTES TUESDAY, OCTOBER 15, 2019, 7:00 P.M. THIRD FLOOR COUNCIL CHAMBERS, CITY HALL Board Members Present: Ken Huhn, Chair Nelson Durgin, Vice Chair Ted Brush Ronda Hogan John Kenney Donald Meagher Lisa Shaw City Staff Present: David Gould Anne Krieg Paul Nicklas John Theriault Chair Huhn called the meeting to order at 7:00 P.M. ________________________________________________________________________________ CONSENT AGENDA 1. Site Development Plan – 55 Railroad Street – City of Bangor - 3.8 million gallon underground sanitary storage tank with a small 655 sq. ft. operations building that includes two public restrooms located at 55 Railroad Street, (Map-Lot 043-040), in the Waterfront Development District (WDD). Applicant, City of Bangor. Member Huhn moved consent agenda item. Seconded by Member Kenney. All members in agreement. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV PUBLIC HEARINGS 2. Text Amendment Campgrounds in Rural Residence and Agricultural District, C.O. #19-363 Proponent from 750 Stillwater Avenue – so is commercial, but is RR&A entry from Stillwater. Do a RV Retirement resort to drive through sites, full hookups, office/community. Chair reminded this is a zoning change request. Proponent said the land trust opposed by she said it would be a quiet space. Lucy Quimby, Bangor Land Trust – board voted to oppose in 2005, report on recommendations for development and marsh mall commission created. Applicant was part of that and changed their _______________. This change benefits her only, have other options, should all meet and negotiate. Land trust raised 1 million to buy land so important to biodiversity and crucial birding area. Marsh is part of a corridor of wetlands. Issue is if application meets standards, then has to approve. Can’t look at any issues if more than 250’ from wetland ______. Member Kenney inquired if they have looked into purchasing the land. Quimby stated that they ask twice a year or if grant is available, she writes to all abutters. The proposal changes the long standing ___ that was negotiated for this site. Hope was on marsh mall commission, BACORD – astounded city is promoting something not consistent with 2005 plan. Wanted 1,000 setback but they compromised with appropriate ____. RV operation is inconsistent in marsh and Stillwater congestion. Habitat and animal survey. Jeff from 148 Kenduskeag Avenue stated that this was opening the door to more development, should renegotiate. Hellen – Proponent – RV person, been ____ marsh in other RV parks, doesn’t think this use will affect birds. RV people respect quiet time. Thinks it will not be detrimental. Original proponent – was on the marsh mall commission – were supposed to work with landowners and not create hardships. Would love to work with commission, other RR&A uses would be better financially and have more impact than a RV park. Land in family since 1898. Member Kenney confirmed she was part of the commission. Reminded that amendment affects all of Stillwater. Go with contract zone? Why? Proponent – didn’t want to do a contract with lawyer. Was mentioned by staff. Will post as no trespassing. Family project, didn’t want to sell as they’ve been there longer. Will not sell to Land Trust after what they did to her. Quimby stated that disturbances scare birds away. Member Kenney asked what was special about the Marsh. Quimby stated that in a 2001 survey, it was the most protective marsh in State of Maine. Planning Office Gould advised that the Mall Marsh Commission tried to represent a diverse group to sort out development issues, ordinances were created by the MMC including cluster – Board Recommends please give reasons and guidance to council. Member Meagher – arterial highway discussion. Brenda (?) – review resource protection zones. (who is Brenda?) Planning Officer Gould reviewed S&PS history of the property. Member Kenney moved to recommend to Council, seconded by Member Shaw. Member Kenney added opposition because it allows intense use in RR&A. Board was not in agreement, 3-4. (3 for – Meagher, Shaw, Hogan) (4 against – Huhn, Durgin, Kenney, and Brush Chair felt it was too intense of a use. Vice Chair felt the need to evaluate the lot more fully. NEW BUSINESS 3. Site Development Plan – 1224 Hammond Street – Enterprise Rent-a-Car Company of Boston – Renovation of the existing building to be used for offices and rental car prep. The existing parking and loading area to be redesigned for customers parking, as well as rental car storage at property located at 1224 Hammond Street, (Map-Lot R09-021), in a General Commercial & Service (GC&S) District. Applicant, Enterprise Holdings, Inc. Fred Marshall with Plymouth Engineering introduced and reviewed the project. Member Meagher – review ___________, request trees. Discussion if rear parking is parking controlled for _____ requirements or is it outdoor storage. Comparison to auto dealership. Okay with front yard buffers. Asst. City Solicitor Nicklas reviewed buffer requirements. Vice Chair Durgin moves approval of site development plan with addition of shrubs. Seconded by Member Brush. Conditions were discussed. All members in agreement. 4. Site Development Plan – 80 Exchange Street – J.B. Brown & Sons – Reconstruction and reconfiguration of the existing parking lot located at 80 Exchange Street, (Map-Lot 042-231), in the Downtown Development District (DDD). Applicant, J.B. Brown & Sons. Chip Haskell with CES presented and reviewed application. Planning Officer Gould reviewed staff comments. Mr. Haskell had concern with curb stop and snow plows. Member Meagher moves approval of site development plan. Seconded by Vice Chair Durgin. All members in agreement. 5. Site Development Plan – 14 Larkin Street – House, LLC - Replacement deck with patio space, covering approximately 1,567 sq. ft. with fencing enclosure at property located at 14 Larkin Street, (Map-Lot 025-060), in an Urban Service District (USD). Applicant, House, LLC. Chip Haskell with CES Presented and reviewed application. Planning Office Gould advised that a better site plan was presented, so we have a good plan of record. Member Kenney moves approval of site development plan. Seconded by Vice Chair Durgin. All members in agreement. 6. Site Development Plan – Final Subdivision Plan Approval – Homestead Haven – Final subdivision plan, and Site Location of Development Act Approval consisting of 4 lots, and a private roadway on property located off Skyline Road, (Tax-Map R45-001-P), in a Rural Residence & Agricultural (RR&A) District. Applicants, Lee & Linda Stanley. Jodi O’Neal P.E. with Sewall Company presented plan to the board. Added deed restrictions. Planning Officer Gould reviewed staff report. Included conditions from the preliminary. Asst. City Solicitor Nicklas indicated that reviewing the bylaws; needs the declarations, and requests Home Owner Association documents for road and storm water that has been approved. Need to be sure that the Home Owner Association is on the deed. Member Meagher – deed restrictions, not sure board can compel the applicant. Gary – okay with lots, protesting the easement on Bomarc Road. Concern with further development on 85 acre lot. Feels board can condition no connection to Bomarc Road. Applicant has a business on Bomarc Road. Planning Office Gould stated that the connection is not in front of the board. Katie Foster, representing Clark – condition of Home Owners Association – declaration to not connect – traffic issues. Ex: HOA governs open space. Notification issues raised for SLODA & subdivision. Other resident – safety issues with connections. Lee Stanley – Developer/owner – lots are for his kids. Does not want to connect to Bomarc Road, just wants to approve the lots. Will continue to allow neighbors to hike and hunt on this property. “Same attorney?” Chris from 183 Skyline Road – 2 different HOA’s on the same road? Discussion attempted to clarify. 119 Skyline – Why can’t it be extended? To be the same. Spirit of the neighborhood. Jodi O’Neal reviewed the deed restrictions. City did not tell applicant to do restrictions for Phase I and Phase II. Member Meagher stated that you can’t compel. Wouldn’t be practical to connect. Notification requirements were discussed. Mailing process discussed at length. Abutters ask for HOA notification. Member Kenney moves approval of site development plan. Seconded by Member Shaw. 6-1 vote. Vice Chair Durgin opposed, explained his opposition. OTHER BUSINESS 7. Meeting Minutes – October 1, 2019 Meeting Minutes were approved pending completion of items 3, 4, and 5, which were incomplete. Tabled by Lisa & Brenda (?), All in favor. 8. Adjournment - Meeting Adjourned at 9:50 P.M.