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HomeMy WebLinkAbout2002-03-05 Planning Board Minutes � PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 5,2002 MINUTES Board Members Present: Richard Fournier, Chairman Frederick Costlow David Clark Robert Guerette Hal Wheeler Mary Ann Bostwick Robert Lingley City Staff Present: Katherine Weber James Ring Peter Witham . David Gould Chairman Fournier called the meeting to order at 7:05 p.m. CONSENT AGENDA The Chairman asked if anyone wished to remove an item from the Consent Agenda. Being none,he called for a motion. Harold Wheeler moved to approve the Consent Agenda, seconded by Fred Costlow. The Board voted unanimously to approve the Consent Agenda. The item approved is: Item No. 1: Site Development Plan approval to construct a 4,640 square foot warehouse addition to the existing site development located at 34 Banair Road in an Urban Industry District. Kurt Thomas d/b/a Bangor Motor Sports, applicant. PUBLIC HEARINGS Item No.2: To amend the Land Development Code by changing a parcel of land located at 32 Husson Avenue from Low Density Residential District to High Density Residential District. Said parcel containing approximately .65 acres. Tammy Higgins, applicant. C. O. #02-114. • Chairman Fournier opened the public hearing and asked for any proponents. Mr. Edmond Bearor, Esquire,representing Tammy Higgins, addressed the Board. Attorney Bearor indicated that Ms. Higgins was requesting a change from Low Density Residential District to High Density Residential District so that she could construct a 4-unit building on the vacant lot. • Attorney Bearor indicated that Planning Officer indicated that the proposal was not inconsistent with the Comprehensive Plan. He noted that High Density Residential Districts and various multi-unit buildings surround the property on many sides. Mr. Guerette asked what the orientation of the building would be on the lot. Ms. Higgins indicated that they would be building a 4-unit building that would, in part,be occupied by her disabled parents, and would be accessed by Husson Avenue. The Chairman asked for any opponents. Ms Jacquelyn Augherton, Cynthia Circle, indicated that she was not specifically opposed to the proposed rezoning, but noted that there was a significant amount of traffic at this location. Attorney Bearor indicated that one 4-unit dwelling would not have a significant tr�c impact,but that could be reviewed during site plan review process. Mr. Lingley indicated that the Board had received a letter from Susan Lane and asked Mr. Bearor if he had seen it. Attorney Bearor indicated he had not,but would review it with his client. Attorney Bearor indicated that Ms. Lane's concerns about pedestrian traffic and sidewalks were genuine, and that his client shared her concern for the lack of sidewalks on Kenduskeag Avenue. However, it was probably an issue better addressed by the City in an area where it had planned for high-density housing. Mr. Wheeler asked the Planning Officer if this zone change could start a"domino effect" of other lots requesting a similar change. Planning Officer Weber indicated that there was always the • possibility that the owners of adjacent lots could request a zone change. However, she noted that the adjacent lots had existing single family dwellings, and therefore,would be less likely to request a rezoning than would a vacant lot. Mr. Clark indicated that he did not live far from the corner in question, and has often walked along Kenduskeag Avenue. He noted that his experience was that this is indeed an area of high traffic volumes. Mr. Guerette inquired if the adjoining neighbors had been notified of the proposed rezoning. The Planning Officer indicated that a notice is mailed to a11 abutters and those within 100 feet of the property proposed to be rezoned. Chairman Fournier indicated that he had seen the City's "Zone Change" sign on the property. Chairman Fournier asked for staff comments. Katherine Weber, Planning Officer, indicated that this area of Husson Avenue was a mixture of single family and multi-family development. The Comprehensive Plan in the Outer Broadway Area calls for a mixture of housing types. This is an in-fill site served by utilities and the proposed zone is not inconsistent with adjacent zones and land uses. Ms. Weber recommended that the Board make a positive recommendation to the City Council on the proposed zone change. Mr. Lingley made a motion to recommend C. O. #02-114, as amended,to change a parcel of land from Low Density Residential to High Density Residential, Tammy Higgins, applicant,to the City Council. Fred Costlow seconded the motion. The Board voted 5-0 in favor of the motion. � 2 APPROVAL OF MINUTES • Item No.3: Planning Board Approval of Minutes Mr. Lingley moved approval of the February 19th, 2002 Minutes and Fred Costlow seconded. Member Wheeler indicated that the Staff(specifically, David Gould)did a good job summarizing the issues discussed at the last meeting. The Board voted 5 to 0 to approve the minutes as written. NEW BUSINESS Item No. 4: Site Development Plan approval to create a flag lot at 913 Essex Street in a Low Density Residential and Rural Residence and Agriculture District. Thomas & Catherine Osgood,applicants. Chairman Fournier asked if anyone was present to represent the applicant. Being none,the Chairman called on the Planning Officer to explain the application before them. Ms. Weber indicated that the Land Development Code made provision for a property owner to divide a parcel with less than the standard amount of street frontage. The Ordinance provides specific guidelines,that must be met concerning lot frontage, depth of the lot, and other parameters. The Ordinance requires the applicant to submit a plan to the Planning Board for approval. • Ms. Weber advised the Board that the plan submitted indicates that an existing parking lot presently encroaches on a portion of the access portion of the lot to be created. The applicant has agreed to relocate the parking lot out of the access portion of the proposed lot. With that noted condition,the plan meets the standards for flag lot approval. Mr. Wheeler made a motion to approve the proposed flag lot for Thomas and Catherine Osgood,with the condition as noted in the Staff inemo. Mrs. Bostwick seconded and the Board voted 5-0 to approve the application with condition that the existing parking gravel area be altered such that it no longer encroaches on the proposed 50 foot access strip. Item No. 5: Site Location of Development Approval to modify the approved subdivision plan to create an additional lot at 1135 Broadway in a General Commercial and Service District. Judson M Grant,Jr., applicant. Chairman Fournier asked for the applicant or his representative to address the board on this proposal. James Kiser,PE, addressed the Board indicating that he represented Mr. Grant and Dr. Benson in this Site Location of Development Modification. Mr. Kiser indicated he had been before the Board in the past to rezone this property and to obtain site plan approval for Dr. Benson's veterinary clinic. In the review of the property title, it was discovered that the Benson lot did not have the requisite Department of Environmental Protection(DEP) approval to be a separate developed lot. A Site Location of Development Act permit application was filed with the City under its delegated authority to review SLODA applications. Mr. Kiser indicated that he worked with the City Engineers • Office to resolve the initial concerns over water quality impacts. Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that this was an application under the Site Location of Development Act that in some instances,the City reviews for 3 DEP. Staff was content that the application met the standards for approval, and recommended the � Board grant Site Location of Development Act approval to modify the Grant Subdivision Plan. Ms. Weber indicated that Jim Ring City Engineer was present to answer any questions of the Board concerning the water quality and water quantity issues. Mr. Costlow asked Mr. Ring to explain the methodology used to treat water quality. Jim Ring, City Engineer, explained the operation of the Vortechnics device that uses centrifugal force to separate particulates from the storm water. Mr. Ring noted that the City had used many similar devices with good success. Mrs. Bostwick made a motion, seconded by Mr. Lingley,to approve the Site Location of Development Modification application for Judson M. Grant Jr. The Board voted 5 to 0 to approve the plan. OTHER BUSINESS Planning Off'icer Weber explained that there was a pending rezoning application for Outer Broadway for the Grant property,that would likely be before the Board at their next meeting. Ms. Weber indicated that she would provide the Board with some material in advance of the standard meeting memo. Mr. Costlow indicated that he would like to review the e�ibits for the Widewaters case since he was preparing the required"Findings of Fact"and conclusions. � ADJOURNMENT There being no further items for discussion,the meeting was adjourned at 7:40 p.m. � 4