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
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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.
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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
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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.
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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.
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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.