HomeMy WebLinkAbout2010-12-07 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF DECEMBER 7, 2010
MINUTES
Board Members Present: Allie Brown, Chairman
Paul Bolin
Doug Damon
John Kenney
John Miller
Andy Sturgeon
City Staff Present: David Gould
Paul Nicklas
Peter Witham
Chairman Brown called the meeting to order at 7:00 p.m.
PUBLIC HEARINGS
Item No. 1: To amend the Land Development Code by changing a
portion of a parcel of land located at 88 Walter
Street from Urban Residence One District to Urban
Residence Two District. Said portion of a parcel of
land containing approximately 21,750 sq. ft. Anastasios
Karageorgiou, applicant. C.O. # 11-017.
Chairman Brown opened the Public Hearing and asked for a presentation by the
applicant. Mr. Ron Bragg the contractor working for the applicant, Anastasios
Karageorgio, indicated that the applicant wants to turn the existing building into an
apartment building.
Chairman Brown then asked for comments from those in favor of the zone
change request. Mr. Joe Kacer, an abutting property owner of apartment buildings on
the adjacent street, spoke in favor of the proposed zone change request. Mr. Kacer
explained that there are many apartment units in this vicinity and noted their locations.
He indicated that the building at this site has been run down for many years and it
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would be better for his tenants, who look down at this building, if it were turned into
apartments. He expressed his concern that he would like the project to have fencing,
and landscaping to make it look nice and that there not be abandoned vehicles.
Chairman Brown then asked for comments from opponents. Mr. George Farris,
71 Walter Street, spoke in opposition. Mr. Farris felt that there is an existing traffic
problem with narrow streets and this will only add to that problem. The property is
presently in disrepair and there aren’t any guarantees that the new apartment building
will be any better.
Ms. Margaret Samways who lives at 102 Walter Street, indicated that she has
many concerns about the site and without seeing any construction plans for what the
applicant is proposing that she would not be in favor of the zone change.
Mr. Jeremy Qualey who has resided on Walter Street for 6 years indicated that
one of his biggest concerns is that the current apartments on the street are not very
well maintained and they have very questionable tenants who bring a bad crowd to the
neighborhood. He said that there are a lot of kids in the neighborhood. This is a
narrow street and visitors park on both sides of the street which makes it very difficult
for the residents to get out of their driveways. Mr. Qualey said that if this is approved
it will be a “pandoras box,” and they will not have any control over the applicant putting
in inexpensive apartments or allowing tenants with criminal records. Without any
assurance as to what will go into this building, they are opposed to the zone change.
Chairman Brown explained that the only thing before the Board is the zone
change request which the Board does not approve, it only makes a recommendation to
the City Council, who will make the final decision. If the zone change is approved, then
the applicant will need to come back before the Board for site development plan
approval. While it will not be a public hearing the Board Members almost always
entertain public comment.
Ms. Joanna Farris indicated that they talked with the Code Enforcement Officer
about this site and she was told that the Department of Environmental Protection would
need to examine this site before anybody could do anything with it because there was a
transmissions shop and a junk yard there that used a lot of chemicals. Chairman Brown
indicated that the only thing under consideration at this meeting is the zone change and
her questions were not germane to the zone change. Ms. Farris asked if they are going
to be able to ask these questions before it gets approved. Ms. Brown indicated that she
could go to the City Council meeting and express her concerns, as well.
As no one else spoke, Chairman Brown closed the Public Hearing and asked for
Staff comments. Planning Officer Gould indicated that this is a request by Anastasios
Karageorgio to rezone part of the existing parcel at 88 Walter Street from Urban
Residence One District to Urban Residence Two District. The applicant is requesting
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approval of 21,750 sq. ft. of a larger parcel (1 acre in size). The existing block building
was previously used by a truck garage and transmission shop and is now an abandoned
building. The applicant discussed with staff what his options would be to reuse this
site. Mr. Gould indicated that this is an old nonconforming building in a residential
neighborhood. Back in the 1980’s in this area much of the land was zoned as
Residential 4. If you had enough land area, then a four unit building was allowed.
While some applicants built new buildings many of the apartments created were from
conversions of single-family homes. In 1989 with the Comprehensive Plan revision the
City decided to reverse the conversion trend because it was creating congestion,
parking problems and other issues. The City took a broad brush approach to the older
areas of the City on both the east and west sides that included this area and down-
zoned them to single-family residential, the current URD-1. Since then the City has
been consistent in holding that policy, but this is a somewhat unique property in having
an old industrial/commercial structure on it. What we see is an opportunity to remove
this abandoned property by allowing its conversion to multi-family residential. This is
similar to the recent rezoning of the former Knights of Columbus property on Court
Street. The question for the City is what is better for the neighborhood, to leave it as it
is or convert it to multi-family residential. The applicant was really interested in
creating more units, but in this area of the City there are only two other residential
zoning options besides single-family URD-1. They are URD-2 that allows a maximum of
4 units in a building on a lot and Multi-Family and Service District that has no set upper
limit of units that can be put on a parcel. The interest of the City is in making the
abandoned building go away. One way is to rezone only enough land to allow 4 units in
the existing or a new building and room for parking. There is more land, but rezoning
the whole parcel opens up the potential for more than one building. It would be
possible to write a contract zone change to allow more than four units, but it would
involve more restrictions and oversight. The simpler approach was to rezone only
enough land for the four units. If the zone change is approved the applicant would still
have to return for site plan approval for the four units and associated parking. If the
Board and the City decide the site is better the way it is they can vote to not adopt the
change. That is the choice before the Board now. Staff felt it could be an acceptable
choice for the neighborhood to support this zone change to help remove or allow a new
building with a maximum of four units.
Mr. Andrew Sturgeon commented on the large size of the lot, and the request to
rezone only a half of the lot. He asked if it would insure only four units could be built
without returning to the Board. Mr. Gould responded that the maximum allowed in the
URD-2 is four units. For five units M&SD would be required. Mr. Sturgeon supposed that
they could have spit the lot to attain more, but that is not before the Board. Mr. Gould
pointed to an exhibit depicting the parcel, the area to be rezoned, the existing building
outline, and an example of required parking. He noted that it would not be enough
room to build another 4-unit building, just enough for the existing building and the
eight-space parking lot for it.
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Mr. Sturgeon asked if other multi-unit buildings could be pointed out on the
exhibit, but Mr. Gould responded not with this exhibit.
The Board discussed the availability of a survey plan and the potential that a
right-of-way may go through the property.
Chairman Brown asked if the proposal was a “spot zone” in the middle of URD-1.
Planning Officer Gould noted his definition of a spot zone is allowing one property
certain benefits that you would not allow similar properties in the same circumstances.
Mr. Gould indicated that it is his view that the Planning Office would consider the same
approach for a nonconforming structure/use in a neighborhood. The applicant’s options
are to leave the building as it is, replace it with a single family dwelling or attempt to
rezone it to allow more than one dwelling unit to offset the cost of demolition and clean
up.
The Board discussed the traffic generation from single family dwellings versus
multifamily dwellings if the large parcel was divided into four separate URD-1 lots. Mr.
Gould noted that multi-family structures have lower trip generation rates, per unit, than
single family homes.
Mr. Sturgeon made a motion to recommend the zone change request to the City
Council. Mr. Kenney seconded the motion. The Board voted three in favor and three
opposed to recommend to the City Council that the zone change request contained in
C.O. # 11-017 from Urban Residence 1 District to Urban Residence 2 District at 88
Walter Street for Anastasios Karageorgiou be approved. The recommendation failed to
achieve a majority of affirmative votes of the members present.
Item No. 2: To amend the Land Development Code by changing a
parcel of land located at 715 Hammond Street from
Contract Multi-Family and Service District to Contract
Multi- Family and Service District to amend the existing
contract zone change conditions. Said parcel containing
approximately 10,750 sq. ft. Mark Eggleton and Janet
Berkel, applicants. C.O. # 11-018.
Chairman Brown opened the Public Hearing and asked for a presentation by the
applicant. Mr. Thomas Needham, Esquire, representing the applicants, Mark Eggleton
and Janet Berkel, indicated that this request was a simple revision to the contract
provisions for the dental office at 715 Hammond Street. The two changes were dealing
with the contract’s floor area limitation on the first floor and the number of dental
professionals allowed at one time. Attorney Needham noted that the Planning Staff
provided a good history of the prior rezoning hearings but took exception to the
characterization that the dental practice was expanding.
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As no one from the audience spoke either in favor of or in opposition to the zone
change request, Chairman Brown closed the Public Hearing and asked for Staff
comments. Planning Officer Gould reviewed the history of the contract zone dating
back to 1982. While the Planning Staff had concerns about the office use in the
residential district there had been strong neighborhood support and the Planning Board
and City Council had found the use to be consistent with the Comprehensive Plan. Mr.
Gould noted Staff worked with Attorney Needham to simplify the floor area condition to
avoid confusion in the future. As with any contract rezoning the Planning Board must be
comfortable that the proposed conditions adequately limit the operation within the
scope of what’s intended. Mr. Gould noted that the Planning Staff has reservations that
the growing number of professionals at the office will have a tendency to overtax the
site.
Chairman Brown asked Dr. Eggleton to describe the available on-site parking. Dr.
Eggleton noted approximately 8 spaces are available and usually one or two are open
for patients, given the office is on a corner on-street parking is available on two streets.
Board members noted that if there were concerns of the neighbors over the
proposed change they likely would have turned out at the hearing. Mr. Sturgeon moved
that the Board recommend to the City Council that the zone change request contained
in C.O. # 11-018 from Contract Multi-Family and Service District to Contract Multi-
Family and Service District at 715 Hammond Street for Mark Eggleton and Janet Berkel
be approved. Mr. Bolin seconded the motion. The Board voted six in favor and none
opposed to the motion.
NEW BUSINESS
Item No. 3: Site Development Plan/Site Location of Development
Modification approvals to construct 38 parallel parking
spaces along the roadway northeast of Hart and
Carlisle Halls at Husson University in a Government and
Institutional Service District. Husson University,
applicant.
Chip Haskell with CES, Inc., represented the applicant, Husson University who is
requesting Site Development Plan and Site Location of Development Modification
approvals to construct 38 parallel parking spaces adjacent to Hart and Carlisle Halls.
Mr. Haskell indicated that revised plans were submitted which addressed the City
Engineer’s concerns regarding grading and erosion control measures.
Mr. Bolin indicated that he felt that Husson University has served the community
well and seems to be well laid out and thought out. Mr. Miller asked if there were
provisions for handicapped parking spaces in this development. Mr. Haskell indicated
that there are handicap spaces in the adjacent lots but none proposed with this site
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development plan. Mr. Gould indicted that relative to a facility such as this the Code
gets into percentages of handicap parking needed. In this type of scenario there would
need to be a percentage of handicap parking and some of those would need to be
placed so that there are closest to the accessible route or doorways.
Planning Officer Gould indicated that this is additional parking to support the
dormitories. What is unique about this is that the applicant is trying to get it done now
(as gravel parking) with the understanding that they are not going to be able to do the
paving until spring. There is enough of a demand for them to go through the process.
This is also a Site Location of Development Act Modification. The applicant has
addressed the concerns of the Engineering Department regarding grading and erosion
control. Staff felt that the plans, as submitted, meet the submittal requirements, as
well as, the requirements for Site Location of Development Modification approval and
recommended that the Board approve both applications.
Mr. Bolin moved that the Board approve the Site Development Plan and Site
Location of Development Modification to construct 38 parallel parking spaces along the
roadway northeast of Hart and Carlisle Halls at Husson University in a Government and
Institutional Service District. Mr. Miller seconded the motion, which carried
unanimously.
Item No. 4: Stormwater Utility Feasibility Study Presentation.
This item was continued to the Board Meeting of December 21, 2010.
APPROVAL OF MINUTES
Item No. 5: Planning Board Approval of Minutes.
Mr. Sturgeon asked if there was any decision made regarding Item No. 5 on the
November 16, 2010 Meeting for the Walden Parke Subdivision. Chairman Brown
indicated that the item was for the applicant to make a presentation regarding the
development status of the project and that no decision was made. Mr. Damon moved
that the Board approve the Minutes of the November 2, November 16 and November
22, 2010 meetings as published and validated by questions from members of the Board.
The motion was seconded and it passed unanimously.
The meeting was adjourned at 8:10 p.m.