HomeMy WebLinkAbout2019-07-16 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
Meeting of July 16, 2019
Meeting Minutes
Board Members Present:Nelson Durgin, Vice Chair
Ted Brush
Ronda Hogan
John Kenney
Donald Meagher
Lisa Shaw
City Staff Present:David Gould
Anne Krieg
Vice Chair Durgin called the meeting to order at 7:00P.M.
PUBLIC HEARINGS
1.Contract Zone Change –To Amend the Land Development Code by changing a
parcel of land, 44 Griffin Road, Tax-Map R23-021-A from LDR (Low Density
Residential) District to Contract General Commercial & Service District (GC&S).
Said parcel of land containing approximately 2.02 total acres. JRL, LLC, applicant.
Vice-Chairman Durgin asked the applicant to make a brief presentation of the
request. Steve Wagner from Rudman & Winchell, as attorney for the applicant,
reviewed the request. He indicated the property has consistently been used for
automobile sales and has a current zoning status of pre-existing non-conforming
as to use. His client wants to improve the property and add more automobile
related services including car detailing and service.
73 HARLOW STREET, BANGOR, ME 04401
TELEPHONE: (207) 992-4280 FAX: (207) 945-4447
WWW.BANGORMAINE.GOV
City of Bangor Planning Division
Planning Board minutes July 16, 2019
This would be enforced currently as an expansion on a non-conforming use and
would not be allowed. The proposal to change the zoning district would allow
this expansion to occur. Mr. Wagner then reviewed the conditions of the contract
zone.
Vice Chair Durgin confirmed the proposed zone corrects the allowance of the
current use.
Member Kenney expressed concern regarding other allowed uses in the district as
proposed, most notably a drive-through business. He was also concerned with
lighting. He further commented that no gas pumps should be allowed on the site.
Vice Chair Durgin asked if there were any other proponents. Being none, he asked
for any opponents.
Amy Faircloth of 822 Kenduskeag Avenue, a direct abutter to the subject property,
spoke to the Board. She requested the Board recommend a denial of the proposed
district change. She noted that the current business is not a concern, but any
expansion of building and use of the site is a concern. She felt the ability to expand
does not fit in the environs of the low density residential that surrounds the
property, as well as the Stream Protection area directly adjacent to the subject
parcel. She further commented a concern about the stream, noting its significance
in the city and the existence of trails. She read the description of the proposed
district, which includes statements that the district is not compatible with residential
uses. She closed her comments stating that the potential reuse and expansion of
the existing use is not compatible with the area.
Planning Officer David Gould reviewed the historyof the property. He noted it
appeared the automobile dealership was started in the 1960’s and thus pre-dated
site plan review requirements. The City’s Comprehensive Plans have always
indicated this area as low density, especially along the Kenduskeag Stream. He
reviewed the other allowed uses. The Board was instructed to weight the
conditions of the proposal with the planning aspects of the environs. He reminded
the room that Council makes the final decision, as well a reminder that the existing
use can remain regardless of any action on the proposal.
Member Meagher asked the opponent if he would be okay with the intended
expansion only, without any other allowed commercial uses.
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Mr. Wagner indicated this could hurt any possible resale of the property in the
future and cause the property to possibly become stagnant. His client wants the
flexibility of other uses in the district. He noted the proposed allowed uses are not
dramatically different from automobile sales.
Ms. Faircloth responded as well, noting this could be a slippery slope of allowances
and feels strongly the proposed expansion change the character of the area
starkly. She noted elements such as lighting and noise as examples of such
changes.
Member Meagher added that the contractshould be tied to a site plan.
Member Kenney added his concern with the proposal that is inconsistent with the
Comprehensive Plan.
Planning Office Gould noted that a contract zone can provide more limitations.
Staff assists applicants with the preparation of conditions but are respectful of the
Board and can’t make any guarantees for approval. He reminded the Board that
the process does not allow any changes to be made to the contract at the meeting.
The applicant may return with a new contract/application.
Member Kenney reiterated concerns about the other allowed uses in the district
that could be located on the subject property in the future.
Ms. Faircloth added that the proposed building is significantly larger than what is
there now and will create more noise and traffic to the area.
Member Kenney moved, with a second from Member Shaw to recommend the
proposal as submitted. All were opposed to the proposal (0-6.)
2. Conditional Use and Site Development Plan Approval -for attached residential and
Site Development Plan for property located off Brighton Avenue, Tax Map R14-002-C, for
construction of (3) four-unit buildings and 1 duplex building (a total of 14-units with a total
footprint of 8,960 S.F. in a Low Density Residential (LDR) District. J&R Investments, LLC,
applicant.
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Applicant requested continuance.
Member Kenney and Member Shaw moved to continue application to the next meeting.
All were in favor of the motion.
NEW BUSINESS
3.Site Development Plan Approval –To construct a 16 space parking lot in a
Downtown Development District located at 135 Exchange Street, Tax Map 49 Lot
223-The First, N.A., applicant.
Will Gartley, representative of the applicant, reviewed the application. The proposed lot
is for employees and will be gated. Planning Officer Gould reviewed history of Urban
Renewal development contracts of the area;anticipated buildings in these locations but
staff had no concerns.
MemberKenneymoves Site Development Plan Approval, seconded by MemberBrush.
All were in favor of the motion.
4.Subdivision and -PGD Approval -3 lot subdivision and Planned Group
Development at 336 OdlinRoad.OM Hospitality, Inc. LLC, applicant.
John Stewart with Plisga & Day, representing the applicant, reviewed the application. The
applicant does not have a buyer; they hopefor a restaurant.
City Attorney Nicklas requested for the Board to condition any decision for the easement
in final form to be approved by City Attorney. There have been multiple iterations of
easement document, he indicated, so we want to ensure the final language is accurate.
It was noted this is a normal procedurefor easement crafting.
Planning Officer Gould reiterated City Attorneycomments, reminded the Board and the
applicant that the plan needs to be signed as a subdivision and recorded and they need
an executed easement.
Member Brushmoves Site Development Plan Approval, seconded by Member Meagher
approving the plan subject to the easement language approved to form by the City
Attorney with evidence of recording of all document. All were in favor of the motion.
OTHER BUSINESS
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5.Meeting Minutes –Meeting minutes for July 2, 2019 were approved withno
changes.
6.Adjournment–Meeting adjourned at 7:52P.M.
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