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HomeMy WebLinkAbout2004-03-02 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 2, 2004 MINUTES Board Members Present: Richard Fournier, Chairman Frederick Costlow David Clark Robert Guerette Hal Wheeler Ryan King John Hanson Bill Masters City Staff Present: Katherine Weber Peter Witham Lynn Johnson News Media Present: None Chairman Fournier called the meeting to order at 7:00 p.m. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing a parcel of land located at 37 Thatcher Street from Urban Residence-1 District to Neighborhood Service District. Said parcel containing approximately 11,000-square feet. Edna and Winfield Murray, applicants. C.O. # 04-83. Chairman Fournier opened the Public Hearing and asked for comments from proponents. Mr. Winfield “Skip” Murray, the applicant, explained that he and his wife were requesting a zone change for their property located at 37 Thatcher Street in order to operate their locksmithing business from their home. Mr. Murray distributed a plot plan showing the location of their home, as well as, a proposed garage they plan to build to operate their business. Mr. Murray also indicated that he had spoken to the neighboring property owners, and no one that he talked with expressed opposition to this proposed zone change request. No one else spoke in favor of the proposed zone change. Chairman Fournier then asked for comments from opponents. There being none, Chairman Fournier asked for Staff comments. Planning Officer Weber explained that the applicants, Edna and Winfield Murray, are requesting a zone change for an 11,000-square foot parcel of land located at 37 Thatcher Street from Urban Residence-1 (URD-1) District to Neighborhood Service District (NSD). Ms. Weber noted that the property presently has an existing single-family residence on it. Ms. Weber explained that Thatcher Street is located in a mixed residential, commercial, industrial and institutional area off of Main Street near Interstate I-395. While there is an urban residential neighborhood of about three dozen homes on Thatcher and Dillingham Streets, this parcel is directly across the street from Webber Supply Company which is zoned Industry and Service District. Ms. Weber pointed out that it is difficult to establish an overall land use policy for this very mixed use area. Planning Officer Weber indicated that the Land Use Concepts Map identifies this parcel as being in an area intended for future industrial use, while the Zoning Policy Map designates the neighborhood for Government and Institutional Service District zoning. Planning Officer Weber told the Board that the proposed zone change to Neighborhood Service District to allow for a mixed, residential and small commercial use is not out of character for this neighborhood, nor is it unlike a number of other properties in the area that are commercially zoned. For this reason, the Planning Staff recommended that the Planning Board recommend to the City Council adoption of this zone change request for a change from Urban Residence-1 District to Neighborhood Service District at 37 Thatcher Street (C.O. # 04-93). Mr. Guerette asked Mr. Murray if his home or business was insured by his business, Brogue Financial. Mr. Murray indicated that his business was insured by this company. Mr. Guerette then asked to recuse himself from voting. There was some discussion by the Board Members as to whether or not a vote should be taken to recuse Mr. Guerette from voting. Planning Officer Weber indicated that the Planning Board By-Laws are silent on recusals but called for a vote on conflicts of interest. Mr. Costlow said that he did not feel that it would hurt to vote on the issue. Mr. Wheeler said that he did not want to set a precedent. Mr. Costlow then moved to grant Mr. Guerette’s request to recuse himself from voting. Mr. Clark seconded the motion. The Board voted 5 to 0 in favor of the motion to grant Mr. Guerette’s request. 2 Mr. Fournier indicated that Mr. Hanson would be voting on this item. Mr. Hansen then moved to recommend to the City Council that the zone change request contained in C.O. #04-82 to change a parcel of land located at 37 Thatcher Street from Urban Residence-1 District to Neighborhood Service District be approved. Mr. Wheeler seconded the motion. The Board voted five in favor and none opposed to recommending approval of the zone change request for 37 Thatcher Street. APPROVAL OF MINUTES Item No. 2: Planning Board Approval of Minutes. Mr. Hanson moved to approve the Minutes of the February 17, 2004 Meeting. Mr. Guerette seconded the motion. The Board voted five in favor and none opposed to approve the Minutes of the February 17, 2004, Meeting. Other Business Planning Officer Weber gave an update on a question raised at the last meeting regarding anonymous correspondence. Ms. Weber indicated that she had spoken with the City’s Legal Department, and was informed that the Planning Staff is to continue its practice of forwarding to the Planning Board any and all correspondence received by the Planning Office that is addressed to the Planning Board. Mr. Wheeler said that, while he was not surprised by the Legal Department’s finding, he did not feel that any weight should be given to correspondence that a sender cannot bother to sign, nor should it be forwarded to the Board because he felt that the Board could not validate the information. Therefore, such correspondence should not be considered by the Planning Board. A question was raised as to whether or not information from non-Bangor residents should be considered. Planning Officer Weber pointed out that, as an example, there were many people who were both for and against the Wal-Mart project, who submitted correspondence and were not residents of the City of Bangor. Mr. Costlow said that he felt that it was up to the Board Members to weigh the importance of whatever correspondence was forwarded to them. Mr. Hanson said that he agreed with Mr. Wheeler, and added that there was no way to check the validity of this type of correspondence. He said that he also agreed with Mr. Costlow that the Board Members would have to weigh the importance of this type of correspondence. Mr. Masters said that he took issue to this position because there are people who do not have the courage to speak out for fear of 3 reprisals against them. He said that the Board might miss out on some valuable information that could change their decision. There being no other items for discussion, the meeting was adjourned at 7:30 p.m. 4