HomeMy WebLinkAbout2014-10-21 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF OCTOBER 21, 2014
MINUTES
Board Members Present: Paul Bolin, Vice Chairman
Charles Boothby
John Kenney
Wayne Mallar
Dora McCarthy, Alternate Member
City Staff Present: David Gould
Peter Witham
Paul Nicklas
John Theriault
Vice Chairman Bolin called the meeting to order at 7:00 p.m. In the absence of
Board Members Sturgeon, Miller and Williams, Alternate Member McCarthy was asked
to vote.
PUBLIC HEARINGS
Item No. 1: To amend the Land Development Code by changing a
portion of a parcel of land located at 164 Longview Drive
from Shopping and Personal Service District to General
Commercial and Service District. Said part of a parcel
containing approximately 9.9 acres. Longview Plaza, LLC,
applicant. C.O. # 14-315.
Vice Chairman Bolin opened the Public Hearing and asked for comments from
the applicant. Attorney Andrew Hamilton represented the applicant, Longview Plaza,
LLC. Mr. Hamilton introduced Brian Leahy of Saxon Partners and Longview Plaza,
LLC., Patrick Netreba of BJ’s Wholesale Club, Inc. and Fred Marshal of Plymouth
Engineering. Attorney Hamilton indicated that the applicant was requesting
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a rezoning of a portion of a parcel (9.9 acres) at the site of the existing vacant Home
Depot. Mr. Hamilton provided some background of other similarly zoned adjacent
parcels. He noted the request was consistent with the City's 2012 Comprehensive
Plan.
There were no other proponents or opponents to the rezoning request. Vice
Chairman Bolin closed the Public Hearing.
Planning Officer Gould provided the background of the zoning in this location in
the late 1980's through present day. The City's Land Use and Zoning Policy is for
commercial zoning and General Commercial and Service District zoning is consistent
with the Comprehensive Plan and adjacent properties.
There being no further comments, Vice Chairman Bolin asked for a motion.
Based on its consistency with the Comprehensive Plan and the other adjacent
properties, Mr. Boothby moved to recommend approval of the zone change request
from Shopping and Personal Service District to General Commercial and Service
District for a 9.9 acre parcel located at 165 Longview Drive for Longview Plaza, LLC,
applicant. C.O. # 14-315. Ms. McCarthy seconded the motion. The Board voted 5 to
0 in favor of the motion.
Item No. 2: Amending Chapter 165-103.1 – Technology and Service
District to add drive-in business as a conditional use. City
of Bangor, applicant. C.O. # 14-314.
Vice Chairman Paul Bolin opened the Public Hearing. Planning Officer Gould
provided the background of the zoning in the Maine Business Enterprise Park (MBEP)
and how it has evolved over time. The City has an entity interested in this location
with a drive-thru use element. While we have typically steered away from retail sales
and drive-thru uses in the business park the City has decided to modify the
Technology and Service District to facilitate the request for such a use on Maine
Avenue.
There were no other proponents or opponents to the text amendment. Vice
Chairman Bolin closed the Public Hearing.
Mr. Kenney asked if the proposed development standards being added were
different from the existing ones in the MBEP. Mr. Gould noted because it's a newly
listed use, Schedule B needs to have a standard for each of the elements in the table.
Most are the same as other uses in the park.
Vice Chairman Bolin asked for a motion. Ms. McCarthy moved to recommend
approval to the City Council of C.O. # 14-314 – Technology and Service District to
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add drive-in business as a conditional use. Mr. Boothby seconded the motion. The
motion passed 5 in favor and 0 opposed.
Item No. 3: Amending Chapter 165-105 – Rural Residence and
Agricultural District to allow existing nonconforming
mobile home parks to be reconstructed. City of
Bangor, applicant. C.O. # 14-317.
Vice Chairman Paul Bolin opened the Public Hearing. Assistant City Solicitor
Paul Nicklas indicated that some existing grandfathered mobile home parks have
requested a permitting process whereby they could update the existing older mobile
home sites to accommodate modern larger homes. The language proposed would add
the reconstruction of older mobile home parks as a conditional use in the Land
Development Code. Mr. Nicklas noted the proposed language may not work for every
park, but while there was some interest the amendment was being brought forward
now.
Vice Chairman Bolin asked if anyone wanted to speak in favor of or in
opposition to the request.
Mr. Al Hodsdon indicated that he was in attendance to present several
viewpoints as he has worked with Rick Breton who seeks to make improvements at
the Colonial Pines Mobile Home Park on Ohio Street. Mr. Breton has done some prior
work in getting troubled parks back in shape. Mr. Hodsdon noted he is the engineer
for the State's Manufactured Housing Board. He noted the Board sets standards for
Parks to guide municipal regulations and avoid any land use regulations, or overly
strict design standards which would make parks financially infeasible.
Mr. Jim Pross indicated that he represented Pray's Mobile Home Park on Finson
Road. While they were encouraged to see the City looking at the opportunity for
changes in their park they do not envision reconstructing the park as it could displace
existing residents.
Assistant City Solicitor Nicklas indicated the discussion with Pray's would
continue to see if a mutually agreeable solution could be found.
Vice Chairman Bolin closed the Public Hearing and asked for Staff comments.
Planning Officer Gould provided the Board with a brief history of how the City Zoning
has provided for mobile home parks since the mid 1980's. Mr. Gould told the Board
they should not confuse this language which deals with parks created prior to 1971
with newer parks constructed in compliance with City Standards through the 1980's
and 1990's. While mobile home parks have been a difficult land use to accommodate
in the City, our land use policy identifies them as a high density residential housing
use and directs them to the same development standards as would similar uses. The
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proposed amendment adds language to RR&A which opens the door to these
grandfathered parks to do what was done on Union Street with an older mobile home
park there. While the management of the park is somewhat atypical the
reconstruction has meet all the development goals the City envisioned.
Ms. McCarthy was concerned that the language to allow reconstruction could
possibly displace residents.
Mr. Kenney moved to recommend approval to the City Council of C. O. # 14-
317 to amend Chapter 165-105 – Rural Residence and Agricultural District to allow
existing nonconforming mobile home parks to be reconstructed. Mr. Boothby
seconded the motion, which carried by a vote of 5 to 0.
NEW BUSINESS
Item No. 4: Final Subdivision Plan approval of a two-lot subdivision
located at 1100 Hammond Street in a General Commercial
and Service District. Kushi Realty Group, LLC,
applicant.
Jeff Allen, P.E, with Bangor Engineering, represented the applicant who has
requested Final Subdivision Plan approval to subdivide their lot into two lots. Mr.
Allen indicated that this application is in preparation for submittal of a future site
development plan for this site. He explained that there is a drainage ditch that runs
down the middle of the proposed lot that was created by the Maine Department of
Transportation as a part of the construction of I-395. The applicant proposes to
move that ditch to the edge of the property.
Planning Officer Gould indicated that this is a minor subdivision plan which
meets the requirements for final subdivision submittal. However, Staff would
recommend final subdivision plan approval with two conditions. First that the
applicant obtain a new easement with MDOT for the proposed drainage ditch and
obtain an agreement to extinguish the existing ditch easement; and second, that the
applicant apply for Planned Group Development approval.
Mr. Kenney moved to approve the Final Subdivision Plan for a two-lot
subdivision located at 1100 Hammond Street in a General Commercial and Service
District for Kushi Realty Group, LLC with the conditions that the applicant obtain a
new easement with MDOT for the proposed drainage ditch and obtain an agreement
to extinguish the existing ditch easement and that the applicant apply for Planned
Group Development approval. Mr. Boothby seconded the motion. The Board voted 5
in favor and 0 opposed.
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APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes.
Mr. Boothby moved to approve the Minutes of the October 7, 2014 Meeting.
Ms. McCarthy seconded the motion, which passed by a vote of 5 in favor and 0
opposed.
There being no further items for discussion, the meeting was adjourned at 7:55
p.m.