HomeMy WebLinkAbout2001-11-20 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF NOVEMBER 20, 2001
MINUTES
Board Members Present: Richard Fournier, Chairman
Mary Ann Bostwick
Frederick Costlow
David Clark
Robert Guerette
Hal Wheeler
City Staff Present: Katherine Weber
James Ring
Lynn Johnson
News Media Present: None
Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Board Member
Lingley, Associate Members Guerette and Clark were asked to alternate voting beginning with Mr.
Guerette.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman Fournier asked for a motion.
Mr. Costlow moved to approve the Consent Agenda. The motion was seconded by Mrs. Bostwick
and passed by a vote of 5 to 0. The item approved is:
Item No. 1: Site Development Plan Approval to construct a 2,400 sq. ft. addition to the
existing building at 327 Target Industrial Circle in an Industry and Service
District. Hardy Associates, applicant.
PUBLIC HEARINGS
Item No. 2: To amend the Land Development Code by changing a parcel of land located at
149 Target Industrial Circle from Industry and Service District to Contract
Urban Industry District. Said parcel containing approximately 2.14 acres.
Eremita & Valley and Suzanne Holdings, Inc., applicants. C.O. # 02-17.
Chairman Fournier opened the public hearing and asked for proponents. Edmond Bearor,
Esq., representing the applicants, spoke in favor of the proposed contract zone change request and
answered questions from the Board. He explained that the applicant is requesting this change for the
Penobscot Valley School of Gymnastics to continue using this property. Mr. Bearor discussed the
contract zone change conditions and noted that while the change was to Contract Urban Industry
District the conditions proposed the same standards of the present zoning - Industry and Service
District. Mr. Bearor indicated that, basically, the change would allow for the gymnastics school use
without changing the development standards. Rae Rogers, owner of the Penboscot Valley School of
Gymnastics, was also present to answer questions.
Jillian Sarnecki, a student at the gymnastics school, spoke in favor. She told the Board that
the school provides a place to keep kids off the street. She indicated that a gymnastics school needed
a special building with high ceilings with adequate parking. She indicated that this was an
appropriate site for the school. Ms. Sarnecki also told the Board that while uses in an industrial zone
produce mechanical parts, the school was producing atheletes.
Joe Kacer, 738 Mt. Hope Avenue, also spoke in favor. He has three children attending the
school. As a former gymnast, he knew the special needs of this type of school for a large building
with high ceilings and adequate parking. He said he felt that this was a perfect building for this use.
Lisa Hatch, an employee of the school for 12 years, read into the record two letters in support
of the zone change. The first letter was from Edith Beauchamp, and the second one was from
Darlene Mogul, Tina McLaughlin, Grace Hansen-Longo, Karen Sanborn, Debra Meale, Diana
Prescott and Julie Sattler. (See letters attached.)
Mr. Clark indicated that he would not vote on the item as his grand-daughter attends the
school. Mr. Guerette was asked to vote.
Mr. Wheeler had questions regarding the number of years the school has been in operation,
whether or not it needed to be State Certified, and what kind of liability coverage the owner had.
Mrs. Rogers indicated that she had been in business for 22 years, there was no requirement of
the State for certification but she was certified by the USA Gymnastics, and she had $2 million of
liability coverage.
No one spoke in opposition, Chairman Fournier asked for Staff comments. Planning Officer
Weber indicated that Mr. Bearor and the students had done a nice job of discussing the merits of this
application. She indicated that the Staff recommended that the Planning Board recommend this
contract zone change to the City Council as it was in keeping with the Comprehensive Plan 2000 that
indicates industrial use of this area. She also indicated that the change was going from one industrial
zoning designation to another, and that the contract zone change conditions would limit the use and
the standards would remain those of the Industry and Service District.
Chairman Fournier closed the public hearing and asked for a motion. Mr. Costlow moved to
recommend to the City Council that the contract zone change contained in C.O. # 02-17 be approved.
Mr. Guerette seconded the motion. The Board voted 5 to 0 in favor to recommend approval.
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Item No. 3: To amend the Land Development Code by changing a parcel of land located at
408 Harlow Street from Urban Service District to Contract Downtown
Development District. Said parcel containing approximately .6 acres. RHT,
LLC, applicant. C.O. # 02-16.
The public hearing was opened by Chairman Fournier who asked for comments from
proponents. Edmond Bearor, Esq., representing the applicant, indicated that this site was the former
Snowman Printing building. The applicant, RHT, LLC, was a real estate holding company for
Eastern Fire Protection which is presently located on the bottom floor of the building. There
presently are three residential units in the building. Mr. Bearor went on to say that the applicant, who
has owned the building for two years, has tried, unsuccessfully, to rent out the remaining floor area
for commercial use, and is now requesting a contract zone change in order to convert this area into
residential units.
Mr. Bearor explained that under the present Urban Service District zoning, the applicant
would not be able to add three units to the site because of the Shoreland Zoning provisions that would
require area to be in excess of three acres. As this is an existing site, it would be impossible to meet
this requirement. The reason for the request for a contract zone change to Downtown Development
District is that, according to Mr. Bearor the Shoreland Zoning standards do not apply to the
Downtown Development District. (The State has relaxed those standards in the Downtown
Development District and Waterfront Development District because of their uniqueness.)
He noted that the Planning Staff did not feel that it was appropriate to rezone this parcel to
Contract Downtown Development District because it was not adjacent to the Downtown Area. Mr.
Bearor indicated on a zoning map the location of the Downtown Development District zoning within
the City noting that the majority lies within the downtown area. However, the Waterworks site and
the Concord Trailways site on Union Street are also zoned DDD. He added that he felt that creating
more residential units in this building would preserve and protect the City’s economic base, add to
the City’s quality of life, and add vitality to this area of the City. He asked the Board to be open
minded and consider recommending this contract zone change to the City Council. Mr. Bearor
submitted a letter from Carol Epstein, the neighboring property owner, in support of this proposed
change (see attached).
The Board had questions regarding the history of the use of the parcel, the type of residential
units proposed, and whether or not the applicant could apply for a variance under the present zoning
(Urban Service District) as an alternative to the contract zone change request.
Mark Tardiff, one of the applicants and owners of Eastern Maine Fire Protection, told the
Board that this property had historically been used for residential and commercial use and the
applicant was proposing mid-range housing.
Mr. Bearor told the Board that the applicant would prefer to proceed with this application as
all fees had been paid; and, if not successful, would then try to apply for a variance. However, he
said that he did not feel that a request for a variance of the Shoreland zoning requirements would
meet the four criteria needed for the granting a variance.
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No one spoke in opposition. Chairman Fournier asked for Staff comments. Planning Officer
Weber said that while the City would like to see this property utilized, a rezoning to a Contract
Downtown Development District was not consistent with the Comprehensive Plan 2000 that calls for
commercial use of this area. While there are a few exceptions where the Downtown Development
District zoning is not adjacent to the downtown area, Staff felt that this area was too far removed to
be consistent with adjacent zoning policy. The applicant could have three additional units in this
building if not for the Shoreland Zoning requirements of the Urban Service District. Staff
recommended that the Planning Board not recommend this proposed change to the City Council as it
is not consistent with the Comprehensive Plan nor adjacent to the existing Downtown Development
District zoning area.
Mr. Guerette said with the desire for the downtown to be redeveloped, he felt that this
property was similar to the Franklin Place development and would be an attractive use for this site.
Mr. Wheeler agreed and asked how the Shoreland Zoning standards originated and why there
is a distinction in the DDD and WDD. Planning Officer Weber explained that Shoreland Zoning
comes under State Statutory Law that was adopted in 1971, and the City has also adopted the State’s
Shoreland Zoning Statutes within its Land Development Code. However, the State recognized the
uniqueness of urban areas of cities such as Bangor, Lewiston, Auburn and Portland that have been in
existence prior to the adoption of the Shoreland Zoning regulations, and provided for leniency in
standards for these areas. Mr. Wheeler said that as the applicant was not proposing to change the
building, he felt that there was no practical or legal reason for the Board to deny this request.
The Board continued its discussion of the issues relating to parking, number of employees of
the existing business, and the proximity of the building to the Kenduskeag Stream.
Mr. Fournier said that he has always thought of this area as being a part of the downtown area
and would be in favor of the contract zone change request.
Mr. Wheeler noted that he felt that the Planning Staff made the best recommendation that it
could. Mr. Wheeler then moved to recommend to the City Council that the contract zone change
request contained in C.O. # 02-16 be approved. Mrs. Bostwick seconded the motion. The Board
voted four in favor and one opposed to recommend approval to the City Council.
APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes
The Board voted to continue this item to its next meeting.
OTHER BUSINESS
Planning Officer Weber discussed with the Board C.O. # 02-21 whereby the City Council
directed the Planning Board to revisit the Comprehensive Plan in the Center Street, Congress Street,
and Broadway area.
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She indicated that the Board would need to respond to this Council Order by holding a public
meeting on the issue. Ms. Weber indicated that she thought that January was the appropriate time to
have this meeting. She added that the Board, after taking testimony, could vote to uphold the
Comprehensive Plan as adopted, or recommend that it be amended. Ms. Weber emphasized that if
that was the Board’s recommendation, a formal procedure for amending the Plan would have to be
undertaken.
Mr. Wheeler voiced his opinion regarding the language on the Council Order, and questioned
the Council’s authority to direct the Planning Board to take this action.
After considerable discussion, the Board agreed to continue this item to the next Board
meeting.
There being no further items for discussion, the meeting was adjourned at 8:20 p.m.
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