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HomeMy WebLinkAbout2021-09-21 Planning Board Minutes PLANNING BOARD TUESDAY, SEPTEMBER 21, 2021, 7:00 P.M. CITY COUNCIL CHAMBERS AND VIA ZOOM MEETING MINUTES Board Members Present: Ken Huhn, Chair Reese Perkins, Vice Chair Michael Bazinet Ted Brush Ronda Hogan Don Meagher Lisa Shaw City Staff Present: Anja Collette, Planning Analyst Anne Krieg, Planning Officer Josh Saucier, Asst. City Solicitor Chair Huhn called the meeting to order at 7:00 P.M. LAND DEVELOPMENT CODE AND MAP AMENDMENT PUBLIC HEARINGS 1. Amending Chapter 165, Land Development Code, by adding the Emergency Shelter as currently defined to the list of conditional uses in the Government & Institutional Services District (G&ISD) (This is a continuation of a public hearing from the Planning Board Meeting on September 7, 2021) Dominick Rizzo thanked City Staff for providing the information for the discussion. Agree that homeless issue needs to be addressed. Regarding the map showing the G&ISD districts, map is overly broad. Wishes to have a version without unaffected parcels, such as schools and parks. Inquired if other zones had been considered such as S&PS, and the Stillwater Avenue area. Consider adding distancing restrictions to the Emergency Shelter zone as did with Marijuana, especially residential properties. Roxanne Munksgaard, Court Street homeowner, spoke out about homelessness in area of Court, and evictions happening. Proponent in finding homes for these people. Business owner, downtown. Homelessness is everywhere, but we don’t want it on Court. Three encampments on Court Street now. House next to me at 84-88 Court Street is CHOM, new structure with 4 beautiful apartments, building is out of control, speaks with CHOM regularly. David Green, Dunning Boulevard resident. Has since talked to more friends and neighbors. 100% think that homelessness, substance abuse is worse now than was a few years ago. Regional Center for homelessness and substance abuse. We provide the services, and they come. No one I’ve spoke to thinks that this is just a zone change. Anticipating proposal for homeless shelter. Most people want to take care of their own, not people from other parts of Maine or out of State. Not an up to date 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV September 21, 2021 – Planning Board Meeting Minutes Comprehensive Plan, Planning Board charged with updating this. Last Comprehensive Plan was 2012, a lot has changed since. June Commeau, 453 Essex Street, spoke last time. Continued to mull it over; we have an addiction problem, need to make sure people are taken care of. The City has extended their ability to stay at the Ramada Inn. Give them the tools that they need, learn to live on their own. All they’ve known are their addictions. Building a whole bunch of shelters for them in residential areas is not the solution. City needs to address it; we have a million dollars in Bangor that we can use to help these homeless people. We need to treat the person first not putting them into a shelter overnight. We are tax payers, and have compassion for these people, but the issue is not just homelessness, it’s serious addiction. Robert Bellevue, 144 Fourteenth Street, thinks that the wider issue is that there are some people that are employed that cannot afford a house, or rent. There needs to be affordability for everyone within the community. Just discovered a term called a “community land trust,” non-profit organization or City of Bangor purchase a property, and allow community to have input into it and the use. Burlington VT, has used this model. Private organizations and companies own land and real estate and they’re not keeping it up; thinks that the City should purchase land. o Bellevue had another citizen speak from speaker phone, concerned about a not for profit organization coming in to “make a buck”, wanted to know what stipulations would be put in place to allow people access to this building, will it be a wet or dry shelter? Hope House closing transitional housing, so more people will be out on the street. Was told that 09.21.21 would be the last meal at the Hope House. Jan Pilotte, 73 Court Street, building owner. Also owns unit on Bean Court and Hammond Street. Did th receive initial public notice for September 7, but couldn’t attend. Never has seen what she is seeing today. Had an interaction with a gentleman before coming to the Planning Board meeting who was angry and in her back yard without permission. These people don’t need shelter, they need services. “I’ve talked to more police officers in the last 4 months than I have my whole time here in Bangor.” Encampment finally was moved behind the old YMCA. She’s concerned and scared. These people need transitions. They need a lot of resources. What can we do for these people? Has buildings where she’s concerned about her tenants. She’s afraid to go down her driveway because of an encampment. Police has been great about all of this. Kathleen Surpless; 53 Court Street, Jan and Roxanne are my neighbors. Wanted to add in some information about what’s been happening in the neighborhood. States that people accessed her property and began to set up an encampment in her back yard. Police responded and helped out. In recent months, people have tried to access her home through back door when she wasn’t home. This happened twice. Needles and so-forth have been left. Neighborhood very concerned about possibility of Page 2 | 8 September 21, 2021 – Planning Board Meeting Minutes emergency shelters. Lived on Court Street a long time and never had anyone ever try to push in door or put up tents on my property. “I hope that this adds to your understanding of the neighborhood issue.” Tyson Cartwright, Dunning Boulevard, spoke at last meeting. Provided photos of hypodermic needles, tents, and bottles of alcohol. Transient and homeless people are different. Drove to Tent City tonight before the meeting, and one of the Jersey Barriers was spray painted, “Welcome to Tent City, we’re not Bad People, We’re Just Misunderstood. If you don’t like us, oh well.” Near the water tower, bags of trash, and a mini-van with Connecticut plates parked next to the tents. People are being bussed in, they camp out, no respect for laws or property owners, substance issues, mental issues as well. I have compassion for everyone, everyone deserves a chance. But if you’re an adult, pay taxes and play by the rules, that should mean something. Property owners should have rights. Changing this will bring more people to this area. More people will come take advantage of those shelters. Seeing this with your own eyes really changes your mindset. Geoff Gratwick, 1230 Kenduskeag Avenue, via Zoom, comment about process. Kudos to all of you for taking this on. Recommendation to not make decision tonight, take time needed for a good, long-term solution. Data is needed; all we have are anecdotal, personal stories. Data is lacking and thinks that in order to make a good decision, this is needed. There are models out there that really do work, there are ways to take care of our own, and not encourage out of Staters to come. Doug Marchio, 1142 Kenduskeag Avenue; his area isn’t convenient to services, is a residential area. Thinks that until a Comprehensive Plan is created that looks at everything completely, you look at things on a case by case basis. Look at the crisis points and address them. If things aren’t working at Ramada, figure it out, meet with people. Thinks it needs to be looked at a piece at a time, and not doing something without data. Pat Cummings, 1142 Kenduskeag Avenue, thanks for considering neighborhoods and how these policies impact the neighborhoods. Cares for these people, wants to help find a solution to enable services so these people can transition into productive and safe environments. Distinctions between Emergency Shelter and Emergency Storm Shelters. Emergency storm shelters are needed in schools, maybe that’s the distinction? Have the policy in place for emergency storm shelters that wouldn’t have these problems affiliated with them. Comments also received in writing; Charles Morey, Ginger Wood Green. David Green presented again, when Hope House was being expanded, discovered that there were Sex Offenders. Concerned about the area in relation to Penquis Day Care. If we’re not screening for Registered Sex Offenders, that’s a problem waiting to happen. Most likely a fair amount of Registered Sex Offenders camping in the woods. Page 3 | 8 September 21, 2021 – Planning Board Meeting Minutes Vice Chair Perkins briefly discussed Member Shaw’s disclosure that she was a Board Member of the Bangor Area Homeless Shelter. Member Shaw indicated that she is a Board Member, and that while that shelter is not in the G&ISD zone and would be unaffected by this change, she would defer if a discussion was needed further about the Conflict of Interest. Per Asst. City Solicitor, if there was a conflict, they would have voted on the item. Additionally, Vice Chair Perkins indicated that there was current work happening with the Comprehensive Plan. Michael Tuller, 253 Maple Street, has a couple non-profits in Bangor now to work with the homeless. Says that there is a lot of misunderstanding of people’s situations and a lot of prejudice. One of the biggest issues is that there’s nowhere for people to go for stability, especially in a tent. Encampments constantly moved. Stability allows them to try to put their lives back together. Law enforcement to deal with those who are creating major issues. Shelters we have are filled with people with vouchers, there’s just no housing. We need something immediately, tonight, this winter, where they know they’ll have stability and feel safe and secure. Member Shaw’s biggest concern is not doing anything. The problems are going to persist and that concerns me. A plan for action going forward is needed and needs to be part of the Comprehensive Plan. This is a text amendment change to be allowable in the zone and it would be conditional use. Steps need to be in place so it’s not built some place inappropriately. There’s a lot of work to be done and a lot of agencies that are involved. Planning Board discussed the processes they went through for establishing locations for marijuana and how this might work with this. Member Meagher motioned that Amending Chapter 165, Land Development Code, by adding the Emergency Shelter as currently defined to the list of conditional uses in the Government & Institutional Services District (G&ISD) ought not to pass, due to the language, but that having an allowed use is essential – more focus is needed on review process as a conditional use, current standards are not sufficient for this topic, prefer a set of specific and tailored requirements for use, as was the case for marijuana and solar farms. Seconded by Vice Chair Perkins. Member Shaw agrees with Member Meagher, and that the text amendment as presented now is too ambiguous. Meagher also adds that the full assistance of the Planning Board is offered with developing the language and hopes that this can be drafted in a timely fashion. Roll call vote: Perkins: Yes, ought not to pass; concern of facilities being close to schools, as well as concerns presented above Shaw: Yes, for the reasons above Hogan: Yes, for lots of reasons – wording needs to be different Page 4 | 8 September 21, 2021 – Planning Board Meeting Minutes Bazinet: Yes; ought not to pass –concur with fellow members on comments Brush: Yes; ought not to pass – greater definition of provisions for siting of such facility is required Meagher: Yes; ought not to pass – for the reasons expanded on Huhn: Yes; ought not to pass; more tailoring needed for benefit of City, residents and the homeless Motion carries. 2. Zone Change – Broadway & North Bangor Road - Map-Lots R11-012 & R11-013 – from Rural Residential & Agriculture (RR&A) District to General Commercial & Service (GC&S) District; Applicants, Duane Williams & Glen McLellan - To amend the Land Development Code by changing parcels of land located on/off Broadway and North Bangor Road, Map-Lot R11-012, and Map-Lot R11-013, from Rural Residence & Agricultural (RR&A) District to General Commercial & Service (GC&S) District. Said parcels of land contain 5.14 acres. Owners/Applicants; Duane Williams & Glen McLellan. Duane Williams & Glen McLellan presented the item and provided the following: o Wishing to have a commercial development at parcel Planning Board Members discussed the following: o Clarified abutter concern, abutter across the street from property in question o 2012 Comprehensive Plan o Contract zoning o Radical departure from RR&A surrounding the parcel Spot zoning No proponents. Opponent, Michael Cushman (neighbor), provided the following: o Concerned that property will be “opened up” o A lot of things that could go there o Comprehensive Plan might make a difference o Concerned about property values Williams indicated the following in part and in substance: o They’re not looking to create a “Bangor Mall” o Cabinet builder, wants to put up garage for assembly Primary purpose of purchase o Not bringing in high retail o Does not anticipate traffic increase o Potential for future development down the road o Not intended to be a cluster of retail shops Page 5 | 8 September 21, 2021 – Planning Board Meeting Minutes o Restricts applicant from approaching possible tenants The Board and applicant discussed returning for Contract Zone Change, as well as applicant withdrawing the application. Council now has this item in front of them and a recommendation is needed. Member Shaw motioned that amending the Land Development Code by changing parcels of land located on/off Broadway and North Bangor Road, Map-Lot R11-012, and Map-Lot R11- 013, from Rural Residence & Agricultural (RR&A) District to General Commercial & Service (GC&S) District (said parcels of land containing 5.14 acres; owners/applicants: Duane Williams & Glen McLellan) ought not to pass, as currently worded because it is out of alignment with current Comprehensive Plan. The motion was seconded by Member Bazinet. All members in approval. 3. Zone Change – 16 Parker Street – Map-Lot 035-046 – from Urban Residence 1 District (URD- 1) to Urban Residence 2 District (URD-2; Applicants Nattapong & Kara Kongsuriya; Agent Kiser & Kiser – To amend the Land Development Code by changing a parcel of land located at 16 Parker Street, Map-Lot 035-046, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said parcel of land contains 0.14 acres. Owners/Applicants; Nattapong & Kara Kongsuirya; Agent; Kiser & Kiser. Jim Kiser presented the item on behalf of the applicant, and provided the following: o Changing parcel of land at 16 Parker Street from URD-1 to URD-2; parcel is just over 6,000 sq. ft. o Upgrade to duplex unit o Area has been evolving into more multi-family units, more efficient use o New structure; will provide longevity for area o Positive move overall; hopes that Planning Board recognizes this need Member Brush inquired if they’ve seen this parcel before the Board previously; they have not. Discussed non-conforming parcels that are currently in that area as multi-family properties. Vice Chair Perkins did some digging, looking at the 2018 housing report, and discovered that the first item on report was create a data list of these units. Feels that it’s a poor way to approve them one by one. Not in favor of how they’re being handled. Housing Plan of 2018 tried to address this, haven’t heard about any data happening – should’ve happened by now. No proponents, no opponents. Page 6 | 8 September 21, 2021 – Planning Board Meeting Minutes Member Brush motioned to approve Amending Land Development Code by changing a parcel of land located at 16 Parker Street, Map-Lot 035-046, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said parcel of land contains 0.14 acres. Owners/Applicants; Nattapong & Kara Kongsuirya; Agent; Kiser & Kiser; seconded by Member Meagher. All members in favor. Motion carries. 4. Zone Change – 546 Broadway – Map-Lot 037-013 – from Neighborhood Service District (NSD) to General Commercial & Service (GC&S) District – Applicant Vacationland Properties, LLC – To Amend the Land Development Code by changing a parcel of land located at 546 Broadway, Map-Lot 037-013, from Neighborhood Service District (NSD) to General Commercial & Service (GC&S) District. Said parcel of land contains 0.54 acres. Owner/Applicant; Vacationland Properties, LLC o/b/o Jean Jenkins. Applicant Jean Jenkins presented the application and provided the following: o Lives, works, and invests in Bangor o Directly located across from Convenient MD Access entrance directly across from access to 546 Broadway o Borders I-95 on-ramp and powerlines o Received a lot of calls on property, prospective buyers not interested due to current zoning o Property is under-zoned for the area No proponents, no opponents. Vice Chair Perkins motioned to approve Amending the Land Development Code by changing a parcel of land located at 546 Broadway, Map-Lot 037-013, from Neighborhood Service District (NSD) to General Commercial & Service (GC&S) District. Said parcel of land contains 0.54 acres. Owner/Applicant; Vacationland Properties, LLC o/b/o Jean Jenkins; seconded by Chair Huhn. (? COULD NOT TELL?) All members in favor. Motion carries. OTHER BUSINESS 5. Comprehensive Plan Updates o Planning Officer Krieg working with Livable Communities as the Staff Representative, will be updating them o Data pulling (Code Enforcement responsibility) will be incorporated into the Comprehensive Plan, but will parse out data for the Planning Board Page 7 | 8 September 21, 2021 – Planning Board Meeting Minutes o Walk Audit –trying to figure out ways to meet with and talk to people, get usable data– great way to get people outside and experiencing their neighborhoods, and figuring out how they use their neighborhoods Way to get people engaging in concept of the Comprehensive Plan and know that it’s happening 6. Remote Participation Policy – Distributed by Chair Huhn for all Planning Board members 7. Meeting Minutes – Member Shaw moves approval of September 7, 2021 meeting minutes as presented with no changes, seconded by Vice Chair Perkins. All members in favor. Motion carries. ADJOURNMENT: Meeting adjourned at 9:08 P.M. Respectfully submitted, Melissa L. Bickford Development Assistant Planning Department Page 8 | 8