HomeMy WebLinkAbout2017-12-19 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
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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.
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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.
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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.
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