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HomeMy WebLinkAbout2019-11-05 Planning Board Minutes PLANNING BOARD TUESDAY,NOVEMBER 5, 2019,7:00 P.M. THIRD FLOOR COUNCIL CHAMBERS, CITY HALL MEETING MINUTES Board Members Present:Ken Huhn, Chair Nelson Durgin, Vice Chair Ted Brush Donald Meagher Lisa Shaw Michael Bazinet, Assoc. Member City Staff Present: David Gould Anne Krieg Paul Nicklas John Theriault Chair Huhn called the meeting to order at 7:00P.M. ________________________________________________________________________________ CONSENT AGENDA 1.Site Development Plan –1 Merchants Plaza –Sky Villa, LLC -Land Development Permit application received for Site Development Plan to construct four employee parking spaces, remove a curb, install an ATM kiosk, and other minor site improvements at property located at 1 Merchants Plaza, Map-Lot 042-198, in the Downtown Development District (DDD). 2.Site Development Plan–1347 Hammond Street –Pine Grove Crematorium –Land Development Permit received for Site Development Plan to construct a 240 sq. ft. wooden structure storage shed at property located at 1347 Hammond Street, Map-Lot R08-011, in a Government & Institutional Service District (G&ISD). Both consent agenda items were moved together. Member Meaghermoved to approve the consent agenda items. Seconded by Member Shaw. All members in agreement. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV City of Bangor Planning Board November 5, 2019 Meeting Minutes PUBLIC HEARINGS 3. Land Development Text Amendment Change –ParkingSetbacks–To Amend Chapter 165, Land Development Code, Section 165-70, by empowering Code Enforcement Officer to provide a reduction or eliminationof parking setback requirements found in Section 165-73B. Other companion and affected parts of the Land Development Code Chapter 165 are also changed as a result, included but not limited to the addition of a street tree buffer allowance. City Planner Krieg presented the proposed language of the text amendment, noting the purpose of the text change is to address parking setback relief. She relayed that several questions have been brought to staff’s attention recently about parking setbacks on particular properties, and that this is an area of the Land Development Code that often creates issues for businesses and residences. She further explained that the proposed text seeks to: A.Relieving driveways for all residential uses from the setbacks and only count the parking spaces themselves when calculating setbacks. Driveways typically are given similar relief except for curb cut requirements, so this is not a departure from a norm. B.Allowing setback reductions under certain conditions and with approval of the Code Enforcement Officer. She read the conditions that speak to adjacency to specific roadways. C.Adding a buffer to make the streetscape look more pedestrian as an option for buffer plantings. The Board had no comments, questions or concerns. Member Durginrecommended Land Development Text Amendment Change –Parking Setbacks, seconded by Member Shaw. All in favor. 4.Contract Zone Change –To amend the Land Development Code by changing of a parcel of land, 44 Griffin Road, Tax-Map R23-021-A, from LDR (Low Density Residential) District to Contract General Commercial & Service (GC&S) District. Said parcel of land containing approximately 2.02 total acres. JRL, LLC, applicant. Page2|6 City of Bangor Planning Board November 5, 2019 Meeting Minutes Ed Bearor, Esq., of Rudman & Winchell, representing the applicant/property owner, reviewed the application, history and contract conditions. Linnehan owner present. Planning Board Member Brush asked questions about the applicant’s intentions for expansions of the building. It was noted the intention was to place a 100’ x 30’ +/-building addition. Planning Board Member Durgin inquired about timing of project and the applicant indicated they were hoping to start as soon as possible. Planning Board Member Meagher asked about the increase of impervious surface and the applicant responded the addition is proposed to be on what is now impervious cover. The owner/applicant continued to explain the intention of the expansion of the use is for minimal retail automotive services, but is meant for the service of Linnehan vehicles. Mr. Bearor indicated they met with the abutter, Amy Faircloth, to review their plans. Ms. Faircloth spoke to the Board and indicated she still opposes the change. She feels strongly that this expansion of the use is changing the character of the neighborhood. She further objects to zoning changes, regardless of contract conditions, that this is the beginning of commercial zoning district spread in a low density residential neighborhood. She told the Board there are 2 new residential houses across street so the area continues to be residential. She added that the list of uses is intense for this area, and the expansion will not be to just maintain their vehicles. She closed stating that he can do what he wants to do at his facility now as it stands today as he has grandfathered use. Planning Board Member Shaw asked for clarification on how contracts are monitored. Planning Officer Gould responded that the contract conditions run with the land and are recorded. Mr. Bearor responded to the abuttercomments; opining that the proposed contract zoning change does not change character of area as they have been there 50 years. He added if other properties wanted to change to commercial zoning, they would have to apply. He also reacted that new homes built in the area mean people want to live there regardless of his client’s property. Their intention is they want to clean up the zoning for the property instead of arguing a non-conformity protection to allow an expansion. Page3|6 City of Bangor Planning Board November 5, 2019 Meeting Minutes Planning Officer Gould explained grandfathering rights and privileges and agrees that others would have to apply, but agreed with the arguments regarding further zoning district changes in the area. Gould also reminded the Board their action is a recommendation to Council. Member Shaw reviewed the differences between the previous application and the current contract application. Gould responded drive thru is proposed to be not allowed, nor gas sales. Member Durgin inquired about the increase in traffic. Mr. Bearor advised that they have 3-4 customers a day and 4 employees. Abutter Faircloth returned to the podium and stated that this is double in intensity of the use from what is there now. She has a concern that accessory use would include a gas pump. Planning Board ChairHuhn responded that it could not be retail gas. Mr. Bearor advised that they do not intend to sell gas, and he doesn’t consider it an accessory use. Associate Member Bazinet (voting) added there is a repair business down the street from the applicant’s. Member Meagher moved to recommend the Contract Zone Change to City Council, seconded by Member Durgin. The motion passed 4:2 with Members Brush and Chair opposed. Page4|6 City of Bangor Planning Board November 5, 2019 Meeting Minutes 5.Zone Change -To amend the Land Development Code by changing of a parcel of land, at the corner of Dillingham Street and Main Street, Tax-Map 017-059 from Urban Residence District 1 (URD-1) and Urban Service District (USD) to Multifamily & Service (M&S) District. Said parcel of land containing .6 acres. Todd & Karen Turner, applicants. Applicant, Todd Turner presented his application. The resident from 60 Dillingham spoke against the request, noting that the neighborhood has grandfathered apartments, that it is a narrow street, as well as drug issues. He noted there already is traffic and parking problems that will be exacerbated from more apartments. He relayed that he had to give up a second kitchen in his house to meet zoning requirements. The resident from 28 Dillingham spoke against the application, noting also that there are parking and traffic problems. Mr. Turner noted he does not own other properties on the street and the lot he is seeking a zoning change for can provide off street parking. There was discussion that the zoning now can allow for commercial on Main Street as well as mixed use. Rayshelly Lizotte, PE, LEEDAP from Artifex advised that they were trying to make the building design residential; adding that commercial would be difficult to develop. She noted there will be a permitting process if the zoning is approved. Planning Board Member Durgin discussed the grandfathered units. Planning Officer Gould reviewed the zoning and density standards. Associate Planning Board Member (voting) Bazinet discussed the drug issues. Planning Board Member Meagher moved to recommend passage of the Zone Change to City Council, seconded by Member Durgin. The motion carried 5:1 with Brush opposed. Page5|6 City of Bangor Planning Board November 5, 2019 Meeting Minutes NEW BUSINESS -Land 6.Site Development Plan –Longview Drive –Map-Lot R69-001-L–Justin Saucier Development Permit for amedical marijuana caregiver store, covering approximately 1,130 sq. ft., at property located on Longview Drive, (Map-Lot R69-001-L), in a General Commercial & Service (GC&S) District. Applicant Justin Saucier reviewed application. Member Shaw inquired about lighting, signage, video and the buffer yard. Mr. Gould reviewed the staff reports, noting more information is needed as to lighting and buffering. Member Shaw moved Site Development Plan, subject to the following conditions: a.Applicant shall provide specifications for the proposed lighting to ensure with 165-81 b.Applicant shall provide identification of the plant types;Deciduous Trees, Evergreen Trees, and shrubs to ensure the B2 Buffer type is met. The motion was seconded by Member Durgin. All approved. OTHER BUSINESS 7.Meeting Minutes – st October1, 2019 meeting minutes were approved. th October 15, 2019 meeting minutes were approved. 8.Adjournment -Meeting adjourned at 8:05P.M. Page6|6