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HomeMy WebLinkAbout2016-04-19 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF April 19, 2016 MINUTES Board Members Present: Charles Boothby, Vice-Chair Steve Hicks Julie Williams Wayne Mallar Dora McCarthy Chuck LeBlanc City Staff Present: David Gould Peter Witham Vice Chair Charles Boothby called the meeting to order at 7:00 p.m. and described the Agenda with three Public Hearings. Mr. Boothby recognized new Associate Member LeBlanc and welcomed him to the Board. He described and opened the following first Public Hearing and asked the applicant to approach the podium. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing a parcel of land located at 262 Garland Street from Urban Residence One District (URD-1) to Urban Residence Two District (URD-2). Said parcel of land containing approximately 14,394 sq. ft. MWC Properties LLC, Jeffrey Mitchell, applicant. C.O. #16-104. Mr. Freeman Grant, a representative of the Gordon A. Connor Trust indicated the buyer (MWC Properties, LLC) who had filed the application for rezoning did not want to continue further, due to delays in the process. Mr. Grant noted the property had been in the family almost since it was built. The property had multiple structures on it and had a few rental units in each building. When Mr. Gordon Connor passed away the property was put in a trust such that his son William Conner could reside there. It was William Connor’s desire not to provide rental units, so as the Zoning rules changed the units ceased to be grandfathered in a single family district. Mr. Grant noted several buyers were interested in the property if they could rent units, but were not interested 2 as a single family home. Mr. Grant noted that the trust does not have the resources or interest to remodel the building itself, which is needed to make it a more viable property today. Mrs. Margret Gardner of 180 Fruit Street indicated she was opposed to changing the zoning of the property and was concerned that the applicant was not present to address the Board. She noted this was her third trip to City Hall in what has been a very confusing process. She indicated increasing traffic congestion on Fruit Street and on- street parking. She was very concerned as to what is happening in Bangor’s neighborhoods. Turning houses into multi-family apartments is adding to the burden on police and other City resources. Planning Officer Gould advised the Board that the applicant, MWC Properties filed an application for rezoning. At the first scheduled public hearing there was no quorum of the Board. The Board continued the hearing and the next time the applicant was not able to attend. The applicant decided not to withdraw their application, but allowed the owners to discuss rezoning with the Board. Mr. Gould found Mr. Grant’s history of the project to be correct. At the time the building was built there were similar buildings with multiple rental units, such as on Otis Street. While the City Zoning Laws stopped allowing new multi-unit properties in the 1970’s many of the older ones still exist as nonconformities. The last time the City’s Land Use Policy documents indicated uses other than single family uses was the 1979 Land Use Map which reflected the commercial uses associated with this property. The property is just over 12,000 SF which would allow 4 units. Member Williams asked if the change in the nonconformities language would apply to this situation. Mr. Gould noted that while the Council did amend the Land Development Code to allow for seven years before a grandfathered use expires the units in this structure were abandoned much earlier. Member Williams made a motion to recommend the Council adopt C.O. #16-104. Member McCarthy seconded the Motion. The Board voted two in favor and four opposed, resulting in a recommendation to not approve amending the Zoning Ordinance for 262 Garland Street from Urban Residence One District (URD-1) to Urban Residence Two District (URD-2) – Council Ordinance #16-104. 3 Item No. 2: To amend the Land Development Code by changing a parcel of land located at or about 611 Ohio Street from Government and Institutional Service District (G&ISD) to (LDR) Low Density Residential District. Said parcel of land containing approximately 22,109 sq. ft. Roman Catholic Bishop of Portland, applicant. C.O. #16-144. Mr. Brian Molloy, Esquire of Lanham Blackwell & Baber, indicated he represented Saint Paul the Apostle Parish in their request to amend the zoning of a part of their parcel on Ohio Street. The rezoning is to change a portion of the Mt Pleasant Cemetery to allow the construction of a house which the Parish will build with Habitat for Humanity. Attorney Molloy reviewed the parcel to be rezoned and noted the adjoining residential property owners were present. In addition to Attorney Molloy, Father Timothy Nadeau, Larry Willey, Head of the Capital Campaign, Lynn Hempen of Habitat for Humanity, and Lin Lufkin were present in support. Planning Officer Gould advised the Board that the applicants’ rezoning request was to construct a single-family residence at the edge of the Cemetery. The ½ acre site is larger than most parcels used for typical Habitat Homes. Member Williams asked Mr. Gould how he could reconcile the Comprehensive Plan’s G&ISD Policy with the proposed request. Mr. Gould noted that, as is typical, nonprofit entities are zoned G&ISD and the City Planners could not have predicted that a 200 year old cemetery would opt to provide a parcel for a Habitat Home. The good news is the property will be an extension to the neighborhood surrounding the cemetery. Mr. Gould provided a brief history of Mount Pleasant Cemetery established by Father John Bapst in 1854 for a growing Irish-Catholic population in Bangor. Starting with 14 acres along the Kenduskeag Stream the Cemetery has grown to slightly more than 70 acres. The Cemetery has endured I-95 bisecting it in the late 1950’s and then again in 1968 when thth 14 Street Extension connected 14 Street to Valley Avenue. There were no opponents to the rezoning. The Board was supportive of the Church’s efforts to assist in such a community project. Member Williams made a motion to recommend that the City Council adopt the application from the Roman Catholic Bishop of Portland to change the zone from Government & Institutional Service District (G&ISD) to Low Density Residential District (LDR) as contained in Council Ordinance #16-144. Member McCarthy seconded the motion and the Board voted unanimously to recommend the rezoning request. 4 Item No. 3: To amend the Land Development Code by changing a parcel of land located on Polk Street from Government and Institutional Service District (G&ISD) to Airport Development District (ADD). Said parcel of land containing approximately 2.58 acres. General Electric, applicant. C.O. #16-145. Vice-Chairman Boothby asked the applicant or their representative to make a brief presentation of the request. Mr. Fred Marshall of Plymouth Engineering indicated that the rezoning application was to allow this 2.58-acre site to be reused for outdoor storage. The site with Building 457 on it were previously owned by the Maine National Guard until the early 1990’s when the property was transferred to the City. Since then GE employees have used the parking lot. The City demolished Building 457 in 2015 and GE seeks use the site for an outdoor storage area which is not allowed in G&IS Districts. There were no other proponents or opponents to the rezoning request. Planning Officer Gould indicated that the request was to facilitate the reuse of the property for outdoor storage. When the Air Force passed the property to the Guard the City zoned it Civic and Institutional. In 1991 the current Land Use Ordinance was adopted with the successor zone of G&ISD in which it continued with the City’s ownership. As is typically the case G&ISD zoning is largely based on the ownership of the parcel as a governmental agency or nonprofit entity. The parcel is surrounded on three sides by Airport Development District (ADD) zoning, two also being leased to General Electric. The Comprehensive Plan’s Land Use Policy Map identifies this area surrounded by Griffin Road, Maine Avenue, and Polk Street as intended for industrial development. The Zoning Policy Map indicates it as Industry and Service zoning. Member Williams made a motion to recommend the proposed rezoning to the City Council. Member McCarthy seconded the motion. The Board voted six in favor and none opposed to recommend that the City Council approve the rezoning from Government and Institutional Service District to Airport Development District as contained in C.O. # 16-145. APPROVAL OF MINUTES Item No. 4. Planning Board Approval of Minutes There were no Minutes to approve. 5 Mr. Gould noted that those who voted on the Patriot Place Subdivision should sign the Mylars in the back of the Chambers. The meeting adjourned at 7:55 p.m.