HomeMy WebLinkAbout1992-08-04 Planning Board Minutes • PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF AUGUST 4 , 1992
MINUTES
Board Members Present: Nanc,y Malvesta, Chairman
Joel Rudom
James T,yler
Moshe Myerowitz
James MacArthur
City Staff Present: John Lord
Steven Neilson
Bruce Shibles
Lynn Johnson
1Vews Media Present : Bangor Daily News
Chairman Malvesta called the meetin_q to order at 7 : 30 p.m.
She explained the components of the Agenda for the benefit of
the audience. In the absence of Board Members Cole and Drum-
. mond, Associate Members Myerowitz and MacArthur were asked to
vote.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman
Malvesta asked for a motion. Dr. M,yerowitz moved to approve the
Consent Aqenda. Mr. Tyler seconded the motion which carried
unanimouslv. The item approved was :
Item,_No. l,: To consider a reguest for site development plan
approval to fill and qrade property located at 75
Bellevue Avenue (apAroximately 35 ,000 sq• ft . ) in
an Urban Residence 1 District - Huqhes Bros . , Inc.
and Vance A. Aloupis , applicants .
PUBLIC HEARINGS
Item No. 2 : Conditional Use/Site Development Plan approval to
install a 1 ,000 ctallon vertical propane fillina
station at the corner of Sprinqer Drive and Hoqan
Road in a General Commercial and Service Dis-
trict . Webber Oil CompanY, applicant .
Chairman Malvesta opened the public hearina and asked for
comments from proponents . Raymonci J . Cota, representinct Webber
• Oyl Company , spoke in favor and answered auestions of the
Board. He explained that the applicant was proposina to install
a vertical propane fillinq station. He said he felt the propos
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al would not have an adverse af�eet an traffic in the area and
� asked that the Board approve it .
The Board had questions reqarding the hei,qht and diameter of
the proposed tank and wh,y the applicant was pr�posing to install
the �ank above ground as opposed to undergraund.
Mr. Cota told the Board that the prapane tank would be ap-
proximately 4 feet in diameter and 14 feet in height . The tank
was praposed ta be installed above graund because: 1} to place
it undez_qround was tao cos�ly, rou,qhly $25,004 to $30 ,000; and
2) because of new laws and requlations reqarding the �lacement
of underqraund tanks.
No o�e spoke in opposi�ian. Chairman Malvesta asked far
Staff comments. Plannin.q �fficer Lord told the Board tha� be-
aause the use a� this site was a condi�ional use that the pro-
posed vrapane tank was also a conditia�a3 use. Reqarding the
placement a� the tank, Mr. Lord noted that there were a number
of �ire reauirements for handiinq these kinds of tanks and a
�umber of ather requlations that the a�plicant needed to meet
which were being ha�dled through the Co�e Enforcement �ffice.
He said that this was a mi�or revi�ion to a condi�ional u�e that
had previously received Planni�q Board approval . The proposal
before the Board met the criteria �or the qranting of a
conditianal use and the site develapment plan met the
requirements for submittal . Staff reco�unended approval o� the
. �onditianal use and the si�e development plan,
Chairman Malvesta closed the public hearinq and asked for a
motion. Mr. TyXer moved to approve the canditional use. Mr.
Rudam secanded the matian. The Board voted 5 to 0 in favor.
Mr. T,y, ler m�ved to apprave the site develapment plan. That
motian was also secanded by Mr. Rudom and it passed 5 ta 0 .
I_tem No,. 3 ; Conditianal UsejSite Development Plan appraval ta
canstruct additions to the e�isting buildinq at
750 Union Street (far an ex�ansian of the existinq
nursinq home use} in a Multi-familv and Seruice
Distr�ct . Said additions ta be used for a laundry
room and employee lounae, conference roam, and
walk-in �reezer. We�taate Manor, Inc. , applica�t .
Tne public hearina was o�ened �y Chairman Malvesta. �red
Marshall , of Ames Corporation, represented the ap�licant . He
explained that the a�plicant was proposinq three small addztions
for a laundry room and emplayee lounqe, canference roam and
walk-in freezer. (Presently these use� are wzthin the confines
af the existinq buildinq. ) The ap�licant had appzoval for 116
beds and presentiy had 113 beds, The proposed additions would
free u� enouqh s�ace for the three additional beds .
� No one s�oke in o��osition. Chairman Malvesta asked for
Sta�f camme�ts .
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Plannin,q Officer Lord told the Board that, like in the previ-
ous item, because the nursing home use was a conditional use the
: construction of these small additions also required conditional
use approval . The �roposal met the standards for conditional
use approval and the site development plan as presented met the
submittal requirements . Staff recommended approval of both the
condition use and site development plan.
Chairman Malvesta closed the public hearinq and asked for a
motion. Dr. Myerowitz moved to approve the conditional use.
Mr. Tyler seconded the motion, which carried 5 to 0 . Dr. Myerow-
itz then moved to approve the site development pran. Mr. Tyler
seconded the motion, which also carried 5 to 0 .
Item No. 4: To amend the Land Development Code b,y changing
part of a parcel of land located at 5 Parker
Street from Urban Service District to Urban Resi-
dential 1 District. Said parcel containing approx-
imatel,y 3 ,500 s�. ft. Cit,y of Banqor, applicant .
C.O. # 92-368 .
Chairman Malvesta opened the public hearing. No one spoke
either in favor of or in opposition to the proposed change.
Planning Officer Lord explained that the Cit,y was propasinq
the zone change in order to add 3,500 sq. ft. of area to the lot
at 5 Parker Street to be reused as a sinqle-family residence.
• (The Community Development Department is proposinq to convey
this 1ot to the Habitat for Humanity. ) He noted that the Board
had previously approved a zane change for this particular lot
prior to the adoption of the Land Development Code. As the lot
did not meet the minimum lot size reQuirements under the new
Code the aAplicant was requesting the chanqe to make it conform-
ina. Staff recommended approval as it was in keepina with the
CitY's land use AOIiCY for this area and consistent with ad�a-
cent zoning. .
Chairman Malvesta closed the public hearing. Mr. Tyler
moved to recommend to the City Council that the zone chanqe
reauest contained in 92-368 be approved. Mr. Rudom seconded the
motion. The motion passed 5 to 0 .
Chairman Malvesta noted that this zone chanqe would be qoina
back to the City Council for final consideration.
Item_ No. _5.: Amending Chapter VIII , Article 16, Section 4.0 -
Stream Protection District. City of Banqor, appli-
cant . C.O. # 92-343 .
Chairman Malvesta opened the public hearinq and asked for
proponents . Mr. Douq Smith, Secretary of the Hoqan Road Area
Business Association, told the Board that the Association had
been working with City Staff and the Comprenensive Plan Commit-
• tee for several months to develop this Stream Protection Dis-
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trict . Ae said he felt that this district was workable to al1
parties . He stronql,y urqed the Board to recommend approva� of
this amendment.
• No one spoke in opposition. Chairman Malvesta asked for
Staff comments .
Planning Officer Lord explained that this amendment would
add an additional zoninq district to the Shoreland Zoning Provi-
sions of the Land Developmex�t Code. This district is proposed
in the Bangor Mall area where there had been a number of con-
cerns raised bx property owners regarding potential conflicts
between the development zon.ing and shoreland zoning in this
area. This district would help to eliminate nonconformities in
lots adjacent to the Penjajawoc Stream.
He noted that he had talked with a represen:tative of DEP
reqarding this proposed district who had indicated that a letter
was on the waX commenting that this district would satisfy the
State. Also, the Cit,y has reguested that the Federal Emergency
Man.aqement Aqency review the entire Penjajawoc Stream area to
verify that their information reqardin_q flood zones was correct .
Planning Officer Lord also noted that the ordinance had been
- amended to add this district to the list of districts under
Article 2 , Section 7 . The Planninq Staff recommended this zon-
inq amended as amended.
• After some discussion, Dr. Myerowitz moved to recommend to
the City Council that the zoning amenc�men.t contained in C.O. #
92-343 (As Amended) be ap�roved. Mr. Tyler seconded the mo-
tion. The Board voted 5 to 0 in favor.
APPROVAL OF MINUTES
Item No_.,._6 : Planninq Baard Approval of Minutes of the Jul,y 21 ,
1992 Planninq Board Meetinq.
The minutes of the July 21 , 1992 Planninq Board meetinq were
approved as printed.
NEW _BUSINESS,
Item l�o . 7,: To cansider a request tor site development plan
revision aAAroval for modifications to the pro-
pased parking lot located at 444 Stillwater Avenue
in a Shoppinq and Personal Service District (Con-
tract) - JAC/CO/SAC, at�plicants .
Plann.inq Officer Lord discussed this development and noted
that it was Staff 's position that there should be measures done
to kee� the residential neighborhood seAarate from this business
activity . The ap�plicant was reauestinq a revision to an aA-
• proved site t�lan to remove a qrass barrier island which seAarat-
4
ed the main parking area from a motor pool/loading area and Drew
Lane. The applica�t was requesting the removal of this ,qrass
• island due to snow removal problems . The applicant was propas-
inq parkinq lot striping and siqns to restrict vehicle movement
to Drew Lane. Staff recommended denial of the site plan as
proposed as it did not feel that striping and signaqe would
prevent traffic movement back and forth across this parking lot
thru to Drew Lane. Staff offered a couple of alternatives such
as installing a qate to restrict vehicle movement to Drew Lane
or the installation of bollards and chains ta prevent vehicle
movement. Staff had discussions with the applicant 's designer
expressinq these concerns and alternatives . The applicant chose
to proceed to the Planninq Board with the originally submitted
plan.
Mr. Lord noted that a Petition signed by neighborinq �roper-
t,y owners in oppositian to the proposed site plan had been sub-
mitted to the Planning Board for its review prior to the meet-
ing.
Don Becker, of C.E. S. , represented the applicant . He told
the Board that the applicant was proposing to install "no unau-
thorized parking" si,qns and that the director of the U. S.D.A.
was proposing to circulate a memo to Staff su,qgesting that if
Drew Lane were used as an exit it would mean termination of
employment. He went on to say that the alternatives proposed by
Staff were not workable in that a chain could be dangerous to
the public and a gate would freeze and would not work in the
. winter. Mr. Becker told the Board that the modifications to
this site plan were to help improve the circulation on this site
and to qive the tenant more flexibilit,y. He said it would do
both sides a favor.
Mrs . Malvesta said that while the intent of siqns and strip-
ing were good, that in reality, they did not work.
After considerable discussion bv the Board Dr. Mverowitz
moved to deny the site development �lan as presented. Mr. Tyler
seconded the motion. The Board voted four in favor, none op-
posed and one abstention.
�ISCELLANEOUS BUSINESS
Item No.. _8_: P�lannin.q l3oard Review of Corresponden.ce and Other
Communications From the Planning Office.
P1ann.inq Officer Lord noted that the followinq items had
been suamitted to the Plan.nina Office: 1) a TemAorary Certifi-
cate of Occupancy for �roperty located on the corner of Strick-
1an� Road and Broadway, and 2) a request for a 60-day extension
for arot�e�tv located on the corner of Union Street and �'our-
teenth Street .
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In aths� buszness , Pla�nzn,q Of�icer Lord told the Board that
a reauest had been submitted bX A1 Tripp, owner of the ap�roved
Stillwater aaks Subdivisian, requestinq that the number af Iots
be reduced �rom 5 to 4 . This revision qualified as a minax land
� develapment permit revision {which under the pzavisio�s af the
Land Developmen� Cade can be approved by City Staff} , He said
that the my�ars for the subdivision were in order far signatures
af the Baard.
Item �o. 9 ��en Discussion
Mrs. Malves�a �o'ld the �oard that she had received a cam-
plaint about car dealerships on Ha,qan Road parking cars in the
riqht-of-way. She said that this created a hazardaus situation
as it is di�fiault to see. She re�ues�ed that the Ci�y be noti-
fied.
Plannin,q Of�icer Lord noted that he wauld forward her com-
ments tn the Cade Enforcement Officer and to the Lega1 Depart-
ment.
There beinq na further items for discussion, the meetin� was
�djaurned at 8 : 22 p.m.
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