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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. Page2|5 City of Bangor Planning Division Planning Board minutes July 16, 2019 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. Page3|5 City of Bangor Planning Division Planning Board minutes July 16, 2019 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 Page4|5 City of Bangor Planning Division Planning Board minutes July 16, 2019 5.Meeting Minutes –Meeting minutes for July 2, 2019 were approved withno changes. 6.Adjournment–Meeting adjourned at 7:52P.M. Page5|5