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HomeMy WebLinkAbout2017-12-19 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR TH TUESDAY, DECEMBER 19, 2017, 7:00 P.M. THIRD FLOOR COUNCIL CHAMBERS, CITY HALL MEETING MINUTES Board Members Present: John Kenney, Chair Charles Boothby Nelson Durgin Phyllis Guerette Steve Hicks Dora McCarthy Peter Parizo Chuck LeBlanc, Alternate Member City Staff Present: David Gould, Planning Officer Paul Nicklas, Asst. City Solicitor Sean Gambrel, Planning & HPC Officer Chair Kenney called the meeting to order at 7:00 p.m. PUBLIC HEARINGS 1. Zone Change John J. Babcock Jr., d.b.a. Babcock’s Kustom Upholstery Zone change for a parcel of land located at 277 Grove Street from Urban Residence District 1 (URD1) to Neighborhood Service District (NSD). C.O. #18-041 Member Guerette had a conflict of interest and left the meeting. John Babcock presented the application, noting that this location had previously been a commercial use. He wishes to continue commercial use for his automobile upholstery business. Chair Kenney opened the public hearing. Nicholas Guay of 665 Stillwater Avenue spoke in favor of the application but wondered about future expansion on the property. Mr. Guay also would like to see the 15 minute parking spaces adjacent to the property reinstated. Chair Kenney asked about parking. Mr. Babcock stated that currently there are 4 spaces. Chair Kenney noted that the Council deals with on-street parking, and that the applicant or neighbor could petition the Council to reinstate the 15-minute spaces. Chair Kenney Closed the public hearing. Chair Kenney asked for the staff report from Planning Officer Gould. Mr. Gould noted that this location was previously a market for many decades. In past comprehensive plans & zoning ordinances, the commercial use was not recognized and the business was considered a grandfathered non-conformity. He noted that the NSD zone limits size and hours of operation, and that Auto service (repair, washing, etc.) is prohibited in the NSD zone. Chair Kenney stated that he didn’t foresee this zone change creating “zone creep” and changing the character of the neighborhood. Member McCarthy expressed support for neighborhood businesses such as this. Member Durgin moved to recommend the zone change to City Council. Member Boothby seconded the motion. The motion passed unanimously. 2. To Amend Chapter 165, Land Development Code, and Chapter 177, Medicinal Marijuana Dispensaries, of the Code of the City of Bangor, by adding provisions regarding medicinal marijuana cultivation by primary caregivers, including locating these cultivation facilities in industrial zones, instead of agricultural zones as is presently required under the City Code. C.O #18-042. Assistant City Solicitor Nicklas presented the ordinance change. This ordinance change deals only with medicinal marijuana - currently there is no language about medical cultivation by Primary Caregivers in our current ordinance. Code has been considering this use agricultural, but this change would consider it as industrial and limit it to UID and I&S Zones. Mr. Nicklas stated that this seems to be the preference of cultivators. Member Guerette asked if the 500-foot buffer from schools would apply to home operations as well as primary care givers. Mr. Nicklas stated that primary care givers cultivating at home would not have that buffer, but that they were limited to a very small number of plants. Member LeBlanc asked if primary caregivers could grow both at home and at a facility, thereby “double-dipping” and growing more plants than envisioned. Mr. Nicklas explained that caregivers are limited on the number of plants overall, so he can’t see any advantage to growing in two locations. 2 Chair Kenney asked if there were any caregivers currently cultivating in Bangor, and asked if they would be negatively impacted by this change. Mr. Nicklas stated that to his knowledge there is not currently, but the City has been approached. He noted that those applicants have been more interested in locating in industrial zones than agricultural zones. Member Parizo asked if removing colleges from the list of buffered schools had been considered, because he couldn’t see significant harm to a small cultivation facility locating near a college. Mr. Nicklas stated that it had not been considered, and that this language was modeled after state statutes, to keep regulations consistent. Chair Kenney opened the public hearing. Chris Gagne, an attorney representing Caregivers, stated that many other communities have made this an industrial use, and that generally, caregivers prefer this. He noted that dispensaries are typically located in industrial areas as well. Chair Kenney Closed the public hearing. Chair Kenney expressed opposition to what he felt was excessive regulation. He felt that the buffer from the schools were unnecessary as the cultivation facilities won’t have signs and cultivation will be indoors. Member McCarthy agreed that if a homeowner can grow marijuana in their home next door to a school, she didn’t see why a cultivation facility could not. Member Durgin noted that this language was to make laws more consistent for all marijuana operations and with state law. Member Boothby moved to recommend the text amendment to the City Council. Member Durgin seconded the motion. The motion failed with 3 voting in favor, and 4 opposed (Guerette, McCarthy, Parizo, and Kenney). Mr. Nicklas asked those voting in opposition to state their reason for the record. Member Guerette stated that she was in favor of moving the use from agricultural zones, but she felt that the rest of language is too restrictive on a legal use. Member McCarthy agreed that she was in favor of changing the use from agricultural to industrial, but also did not like the buffer. Member Parizo stated that he did not believe the City should restrict this if there hasn’t been a problem. He believes these facilities being located near a school is not likely to create and issue, and that it is inappropriate to restrict these at this time. 3 Chair Kenney Stated that he was also in favor of the change of district, but was against the restrictions related to being buffered from schools. 3. Planning Board Approval of Minutes – Minutes from the December 5, 2017 were unanimously approved with minor corrections. 4. 2018 Planning Board Schedule – Mr. Gould presented tentative 2018 meeting schedule for the Planning Board 5. Adjournment – Meeting adjourned at 7:45 p.m. 4