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HomeMy WebLinkAbout2019-12-03 Planning Board Minutes PLANNING BOARD MEETING MINUTES TUESDAY,DECEMBER 3, 2019,7:00 P.M. THIRD FLOOR COUNCIL CHAMBERS, CITY HALL Board Members Present:Ken Huhn, Chair Ronda Hogan John Kenney Donald Meagher Michael Bazinet, Assoc. Member City Staff Present:David Gould Anne Krieg Paul Nicklas John Theriault Chair Huhn called the meeting to order at 7:00 P.M, and opened the public hearing. PUBLIC HEARINGS 1.Zone Change –550 Odlin Road –To amend the Land Development Code by changing of a parcel of land, 550 Odlin Road, Map-Lot R18-014, from General Commercial & Service (GC&S) District to Shopping & Personal Service (S&PS) District. Said parcel of land containing 2.4 acres, and being more particularly indicated on the map attached hereto and made part hereof. Applicant, Crescent Holdings. Applicant Ted Bernard reviewedthe application and process. He purchased the property1.5 years ago, as well as purchased properties aroundthe subject property. Hewants to have a mixed use development so he can reside there. He said there was no plan to change footprint. There were no opponentspresent.Planning Officer Gould reviewed the differences in zones, GC&S which is a heavy commercial zonecommensurate with what’s there,noting thatS&PS is more of a retail and service business type zone. Member Meagher moved recommendation of Zone Change to the City Council. Seconded by Member Kenney. 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 December 3, 2019 Minutes 2.Contract Zone Change –193 Union Street -To Amend the Land Development Code by reclassifying two lots of land –identified as 193 Union Street, Map-Lot042-068, and 042-069, from Government and Institutional Service (G&ISD) and Urban Residence 2 (URD-2), respectively, to a Contract Downtown Development District (DDD). Said parcels of land containing a total of .28 acres. Applicant, Cassie Pillsbury o/b/o Thomas School of Dance. PatrickLyons, Esq. of Eaton Peabody, representing the applicant, spoke first to introduce the applicant. The applicant, Cassie Pillsbury reviewed her application, her business plan, as well as the community and cultural history of the Thomas School of Dance opened by Polly Thomas in 1920. She read her testimony as attached to this memorandum. Of note is the operation has been out st of operation since July 31 Attorney Lyons then presented 3 issues for the Board to deliberate upon: 1.Is the contract consistent with the Comprehensive Plan? He reviewed case law where the court held that a zoning change request has to be in “basic harmony” with the plan and “not specifically prohibited.” He then reviewed specific pages in the comprehensive plan related to the urban core of Bangor and that this area was part of the urban core. 2.Existing zoning Lyons noted that the parking lot is currently a non-conforming use so this zoning change would make the lot conforming. He also added that the area isa mixed zoning area. The uses also are mixed commercial on Union Street with residential behind on side streets. 3.Contract Conditions Lyons reviewed the following conditions: Page2| 4 City of Bangor Planning Board December 3, 2019 Minutes For the church: For the property currently housing a parking lot: Discussion ensued by Board members Meagher and Kenney as well as the Chair about the appropriate application of some of the uses (that would be allowed in the requested district) for the current church parcel if the dance studio sold or left the building. Attorney Lyons responded that many of those uses are already in the area. Planning Officer David Gould reviewed the staff report. Of particular note is the history of the church, that the property was constructed as a church in 1854 operated as the Union Street Methodist Episcopal Church until the recently. Upon further deliberations, member Meagher made a motion to recommend the contract zone change request to the City Council. Member Kenney seconded the motion. The motion passed unanimously by members present. NEWBUSINESS 3.Proposed Group Development –560 Stillwater Avenue -Land Development Permit for a Planned Group Development located at 560 Stillwater Avenue, Map-Lot R62-001, in a Shopping & Personal Services (S&PS) District. Applicant, Bangor Retail Management, LLC. Katie Foster, Esquire, from Rudman Winchell, representative for applicant. Reviewed the permit request, potential sale prep for a LLC. Reviewed cross easements. Planning Office Gould reviewed their need for a PGD to provide shared access and utilities. Member Kenneymoved approval of PGD, seconded by Member Hogan. All members in agreement. Page3| 4 City of Bangor Planning Board December 3, 2019 Minutes 4.Site Development Plan –1195 Ohio Street –Land Development Permit for proposed 524 sq. ft. addition to previously approved 13,375 sq. ft. building for a total of 13,899 sq. ft. for a place of worship at property located at 1195 Ohio Street, Map-Lot R23-003, in a Government & Institutional Service (G&IS) District. Applicant, theRock Church of Greater Bangor. Randy Bragg, PE with Carpenter Associates reviewed the application. The proposal is primarily a new entranceto the building. Member Meaghermoved approval of the Site Development Plan, seconded by Member Bazinet. All members in agreement. 5.Site Development Plan –489 State Street –Land Development Permitfor proposed grant electrical infrastructure upgrades, involving the construction of a 25’ x 75’ electrical switch gear room located at 489 State street, Map-Lot 059-025, 059-025A-025E, in a Government & Institutional Service (G&IS) District. Applicant, Northern Light Eastern Maine Medical Center. Doug Rice, P.E., representingthe applicant, presented the application. The project is a necessary upgrade to the electrical supply, further noting there is no new impervious surface. Planning OfficerGould reviewed the application and history of setbacks for the railroad. Member Meaghermoved approval of Site Development Plan, seconded by Member Kenney. All members in agreement. OTHER BUSINESS 6.Meeting Minutes –November19,2019Meeting Minutes were approvedpending no changes. 7.Adjournment -Meeting adjourned at 7:50P.M. Meeting minutes respectfully submitted, Melissa B. Fongemie Development Asst. C&ED Page4| 4