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HomeMy WebLinkAbout2022-02-14 22-096 ORDINANCE22-096 02/14/2022 CITY COUNCIL ACTION Council Meeting Date: February 14, 2022 Item No: 22-096 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code, to define and regulate the uses known as Boarding House and Bed & Breakfast including changes to parking and district allowances. Summary This amendment to the Land Development Code clarifies the definition of boarding house and bed & breakfast, provides parking requirements for the uses, and assigns the uses as allowed in certain districts Currently, bed & breakfast and boarding house are combined as a singular allowance. These uses have separate needs and impacts under the building code, the state licensing requirements, as well as how the property is used for the use. This work is also guided by the recommendations from the Affordable Housing Work Group in 2019. The allowances and regulations also give greater allowances for properties in the historic districts. Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: March 1, 2022 For: City Solicitor Against: Finance Director 22-096 02/14/2022 CITY COUNCIL ORDINANCE Date: February 14, 2022 Assigned to Councilor: Sprague ORDINANCE, Amending Chapter 165, Land Development Code, to define and regulate the uses known as Boarding House and Bed & Breakfast including changes to parking and district allowances. WHEREAS, currently, bed & breakfast and boarding house are combined as a singular allowance, which doesn't reflect their land use impacts; and WHEREAS, the recommendations from the Affordable Housing Work Group in 2019 indicated the city should consider expanding the allowances for boarding houses; and WHEREAS, there has been interest in these uses as a way to protect and enhance buildings in our historic districts, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: § 165 13 Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: BREAKFAST An owner -occupied building, or an on -site live-in manager in a building, used as a single-family or two-family dwelling that provides lodging rooms in which meal(s) are provided to overnight quests for a feee, and that is open to the traveling public for a stay not to exceed 29 days. BOARDING HOUSE, ROOMING HOUSE or BED-AND-BREAKFA ST A single family dwelling or a portion of a mixed use building - 3 or more rooms are provided for living• • 0 days or longer.- or may not• - provided, but there is at leastone common- dwelling may or may not•- occupied by the owner • operator. -• • • may also have a common•• § 165-71 Residential districts. D. Driveways in residential districts may be used to meet parking requirements for boarding houses, and, buildings containing 2 to 4 dwelling units without the need to meet requirements in 165-73 and 165-74 below. Driveway length must be at least 15 feet for each parking space required. 22-096 02/14/2022 § 165-72 Required number of spaces. A minimum number of off-street parking spaces shall be provided and maintained by the owner of every building or property hereafter erected, altered or changed in use, in accordance with the following requirements: C. Congregate housing for the elderly, and boarding houses: 4-2 1 space per 4 dwelling units or rooms. F. Beardinghei ice rnnminn house or tourist home Bed & Breakfast: one space per guest room. § 165-88 Urban Residence 1 District (URD-1). C. Permitted uses. The following uses are permitted in this district (6) Boarding Houses located in Historic Districts, Historic Sites and Historic Landmarks as designated and regulated in Section 148-5 La{6) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses or to an approved conditional use under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (2) Bed & Breakfast located in Historic Districts, Historic Sites and Historic Landmarks as designated and regulated in Section 148-5 (3) Boarding Houses that are not located in Historic Districts, Historic Sites and Historic Landmarks as designated and regulated in Section 148-5, provided that they are located on a major or minor arterial street § 165-89 Urban Residence 2 District (URD-2). C. Permitted uses. The following uses are permitted in this district: (5) Boarding Houses (6) Bed & Breakfast located in Historic Districts, Historic Sites and Historic Landmarks as designated and regulated in Section 148-5 gL{5) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses or to an approved conditional use under Subsection D below. 22-096 02/14/2022 § 165-90 Multifamily and Service District (M & SD). C. Permitted uses. The following uses are permitted in this district. (6) Boarding Houses (7) Bed & Breakfast located in Historic Districts, Historic Sites and Historic Landmarks as designated and regulated in Section 148-5 JQ(6) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses or to an approved conditional use under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (1) Bid reeming houses, bed -and -breakfasts not located in Historic Districts, Historic Sites and Historic Landmarks as designated and regulated in Section 148-5, nursing homes, places of worship, schools conducted as a gainful business and funeral homes, subject to the requirements of § 165-9 and Article XIX of this chapter. § 165-91 Neighborhood Service District (NSD). C. Permitted uses. The following uses are permitted in this district: (11) Boarding Houses L12)_" Accessory uses on the same lot that are customarily incidental to and subordinate to the above uses. § 165-93 Downtown Development District (DDD). C. Permitted uses. The following uses are permitted in this district: (14) Residential units and boarding houses, provided that: (a) All residential units and rooms in boarding houses located adjacent to the following public ways and parks must be wholly located above the ground floor: § 165-99 Low -Density Residential District (LDR). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: 22-096 02/14/2022 (2) Boarding Houses located on major or minor arterial streets § 165-100 High -Density Residential (HDR). C. Permitted uses. The following uses are permitted in this district: (7) Boarding houses q4L81 Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. § 165-105 Rural Residence and Agricultural District (RR & A). C. Permitted uses. The following uses are permitted in this district: (15) Boarding houses 415} Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. § 165-111 Site developments requiring permit. A. Any activity covered under this chapter shall require a land development permit under the following conditions: (7) Construction or renovation of one or more buildings with three or more dwelling units, including multifamily dwellings, Feenging heuses eF beaFd ngheuses, eengn9unity living faeilities, nursing homes, congregate housing and similar residential uses. Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anne M Krieg AICP, Planning Officer Date: March 17, 2022 CC: Courtney O’Donnell, Assistant City Manager Tanya Emery, Director of Community and Economic Development David Szewczyk, City Solicitor Jeff Wallace, Code Enforcement Officer Re: Planning Board Recommendation March 15, 2022 Amending Chapter 165, Land Development Code, by defining and regulating the uses known as Boarding House and Bed & Breakfast Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a duly noticed public hearing on March 1, 2022 and then the hearing was dutifully continued to March 15, 2022. This continuance was to allow more time for public comment and Board deliberations. The notice was sent to property owners in the following districts: URD-1, URD-2, M&SD. This notification was in keeping with the requirements of MRS Title 30-A Section 4352 Paragraph 10, which is also in the Council packet. Staff created FAQ materials and background materials that included the research provided to the Business & Economic Development Committee, as well as maps illustrating proposed locations for the use allowances and current codes. These materials were placed here: www.bangormaine.gov/zoning The meeting was conducted in the Council Chambers at City Hall. Members in attendance were the Chair, Ken Huhn, and Members Reece Perkins, Ted Brush, and Don Meagher. Members Alison Coladarci, Lisa Shaw, and Mike Bazinet attended by Zoom. The Board voted, by a motion duly made and seconded, to recommend to the City Council that the subject amendment ought not to pass. The motion was carried 6:1 with Member Perkins dissenting. This means there must be a 2/3 vote, or a super majority of Councilors voting in the affirmative to pass this amendment. Public comment was significant for the proposal. Please accept the attached minutes for the Planning Board st meeting March 1 as an acceptable record for the public comment for that meeting. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Boarding House and Bed & Breakfast Amendment Also in the Council packet are the emails, letters and phone conversations with people regarding this proposed amendment. Below is the discussion that ensued and the Planning Board’s deliberations: th March 15 Meeting Planning Officer Krieg presented background materials and explanations at both meetings. Those presentation materials are in the Council packet. City Solicitor Szewczyk explained the rules surrounding public comment, and the new timer device to allow time for the public to speak. Dominick Rizzo; 57 Leighton Street – thanked City Staff and Planning Board for the opportunity to speak, and continuing public forum. Staff are hard workers, need to be commended for their work. Thanked those for participating in meetings. In 2018-2019, he participated in the Housing Group as member of the invited public. Housing Group goal was to prioritize topics that the City needed to address, diverse housing was one of those concerns. He feels that Bed and Breakfasts should be approved, but not Boarding Houses. Bangor is mostly owner occupied, single family neighborhoods. In regard to parking, there should be no use of front lawns. Miles Theeman; 45 Grove Street – indicated the zoning amendment represents City Planning at its very worst. Boarding Homes and B&Bs can’t be separated in a single amendment due to differences that go with each use. He sees the amendment will cause problems. He thinks that Boarding Homes & Bed and Breakfasts can be in every district regardless of what staff indicated. He opined to the people in attendance that there is a real possibility of a Boarding Home or B&B next door or near-by. He thinks this is a terrible disservice to Bangor homeowners. City staff cannot keep up with inspections currently. City presented zero data to support this decision. We need to consider impact on property value. On Grove Street alone, properties sold for $900,000 collectively. He wants the City to reject this Amendment, send back to City to get it right. There should be two distinct amendments, each written clearly that Bangor residents can clearly understand. Nancy Nicholson; 126 Maple Street – She indicated she is a member of Facebook Group, Saving Bangor’s Old Houses. There is a variety of people in the group with one thing in common; hate seeing treasured historical homes trashed and demolished. Many in the group do not think creating boarding houses will help with property values. There are all kinds of 2-family houses and multi-units in her area. Boarding houses will be snuck in all over the place. If this is to be recommended, should be added as a referendum on ballot in November to let the citizens speak. A lot of people on her block had immediate reaction of, “oh dear, I better sell while I still have a property value.” She added she is not unsympathetic to affordable housing. Bill Crawford; 5 Wingate Court – Wife came 2 weeks ago, wasn’t allowed to speak due to time. They are in opposition to proposed changes. Page 2 | 7 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Boarding House and Bed & Breakfast Amendment Roch Le Blanc; 64 West Broadway – He lives in a historic district, and was at last meeting – asked about the presentation provided last week – numbers that need to be understood. When this goes in, anyone who has a home in a historic district, no matter condition or value, it’ll go up 17%. Karen Campbell; 38 Leighton Street – She lives in old historic home since 2018. Member of Bangor Livable Communities, which has been in existence since 2015. Committee based on 8 domains of liability – one includes access to affordable housing. She appreciates work done to address needs of affordable housing. She supports changes, attended all housing workgroup meetings. The Affordable Housing Workgroup was a well-done process, provided a lot of opportunities for community to participate. She supports those results and what Planning office is doing to see more affordable housing. Home share options are part of what boarding houses are defined, Vermont and NH are way ahead of Maine as they have allowed for these. Boarding housing is for students, intergenerational families, and to allow for older adults to live in Community to be able to remain here and in their homes. Christopher Fazel; 34 Garland Street - All properties along State Street would potentially be available for these changes. His property would abut on many of these residences. City is missing an important factor of urban redevelopment and funding. Private family housing is going to create more revenue for city. People will move away from undesirable/unsafe areas. It’s important to consider that this could drive increased flight from developing areas of Bangor. He moved here due to growth in City center. He purchased his home 2 years ago, constantly improving his property. Neighbors recently bought properties in neighborhood, young families with children looking to improve and maintain houses. He objects to proposed measure, he thinks the effort should be funding those who need help without jeopardizing future of community. James Brochu; 466 State Street – He moved back to Bangor to bring family into a historic home, renovating, updating home. He brought his business with him. He feels what’s proposed destroys character in the area. Boarding houses are not going to solve the problem, they’ll be used to support medical professionals and short-term rentals. He feels it will exacerbate issues with housing. We’ll be destroying historic character and make it harder for people to move here, bring families and businesses here. He supports affordable housing idea, thinks there are different ways to address. Chopping up historic homes is not the way to go about it. Kael Mikesell; 38 Summit Avenue – He appreciates the work that has been done. Questions that wanted to get data on: o National low-income housing coalition, 4% of all housing in US and 12% of all rentals obtain federal assistance, inquired about Bangor’s numbers. o Impact study?  Staff directed him to the work found here: www.bangormaine.gov/zoning o How will infrastructure problems in Bangor be addressed by bringing more population?  Staff indicated the Comprehensive Plan will address population changes Page 3 | 7 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Boarding House and Bed & Breakfast Amendment o Lost recycling, roads terrible, sewage problems, water problems will be addressed in this?  Not currently part of this proposal o Bangor needs to get healthy first, isn’t healthy right now. We can’t bring in more people until that infrastructure is healthy. rd Anne Marie Quin; 11 Chatham Street – She is a 3 generation in Bangor resident; her children are the th 4. The strength in city historically is in the distinctive neighborhoods as the Tree Streets and Fairmount Park. Areas are safe for children as they know and trust one another. People work to enhance these neighborhoods, restore the history. The city should look to reinvigorate one neighborhood at a time with various means of support. This proposal could destroy all of the above. She witnessed this happen in Bar Harbor where she lived/worked for 15 years. Parking requirements were reduced or eliminated, similar to this proposal. Do not put boarding houses in every neighborhood, will not work. She feels this is a terrible detriment to the City. Bed and breakfasts are great, but Boarding Houses must have live-in manager, or be owner occupied. Boarding Houses have many out of state owners who have never been to the properties. Kay Surpless; 53 Court Street; endorse and echo remarks by Anne Marie. Her neighborhood is Court Street/Inner Ohio Street area, which is an interesting mix of short-term resident’s and long term. There are apartments and single-family homes, assisted living, transitional houses, private businesses, convenience store, day care, social service office, park, and a stream. She believes such neighborhoods need a place between short- & long-term residences. We need to think about how this could impact mixed neighborhoods, which has a delicate balance. It wouldn’t’ take too much to tip neighborhood one way or another. There needs to be respect for all the other long-established neighborhoods in Bangor with their own unique characteristics and history. She encourages Planning Board to take as much time as needed to carefully reflect on and consider proposed changes which potentially has a big impact on neighborhoods. She added that the goal is great, but unintended side effects can happen. Michael; Lincoln Street – He wanted to start bed & breakfast 30 years ago but was not allowed due to zoning. Zoning allowed bed and breakfasts to become flop houses. There may be an unintended nd consequence of going into this capriciously. He had over 30 foreign exchange students, 2 owners of home. Home is over 100 years old, restored it, passed down from one family to another. There is an apartment building next to them, and a therapy house across street. He can’t sleep with windows open, as there’s a guy that screams in the middle of the night. This was not the quality of life he expected. He expressed concerns with out of state ownership – in one block, 17 single family houses, 13 apartment houses with 41 units. They are owned by people from Michigan, Mass, and Penn. One apartment house sold through a limited partnership in Bar Harbor for 1.9 million dollars. Bed and breakfasts and boarding houses need to be separate and treated like separate entities. Steve Brough; 76 Shepard Drive – Planning Board needs to go back to drawing board and separate out two types of housing. Page 4 | 7 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Boarding House and Bed & Breakfast Amendment Doug Soloman; 75 West Broadway –. He feels this is unjust to families and residents purchased residences on current zoning rules. He purchased home in single family residence area. Families invested in homes and communities, wouldn’t have done so if they knew the city was proposing this. He is looking for the safety and security that a single-family neighborhood personifies. City should have more consideration to single family owners. Bangor should seek developers to solve this problem. Obsolete property can be made into affordable housing. Ariel Silver; 27 Bellevue Avenue – She had lived in house 4 years now, originally from Presque Isle. She echoes sentiments from neighbors. She thinks that boarding houses will change nature of our communities. Owner/manager needs to be living on site, more guidelines to where these can be located. She has concerns about how a boarding house would affect property values. Property taxes are a way to fund affordable housing, or housing for those in need of transitional housing. This needs further thought and guidance before moving forward. She opposes the idea of opening up neighborhoods to both boarding houses and bed and breakfasts. Public comment closed 7:48 P.M. All members in favor. Member Shaw added her reasoning and suggestions for the motion: A. The question before us is one of land use and the text of the code that regulates it. B. The current proposal combines significant land use changes that are residential and commercial, respectively, combined into one action. C. Supporting data is excellent for the residential aspect but does not address the commercial aspect included in this action. D. Eased parking restrictions, while important for increasing affordable housing. Are recommended for areas of Bangor that are still “car first” on the spectrum of automobile reliance. E. Suggestions: 1. Tackle the land code definitions text on its own first to clear up the conflation with bed and breakfasts (tourist homes). 2. The present proposed use changes as separate residential and commercial proposals. These items could be addressed at one meeting but as separate agenda items. 3. Provide comparison data collected from walk audit to areas proposed for eased parking space requirements. If we base our logic for reduced parking spaces in part on less need for vehicles, these areas should in turn be deemed “walkable” by the survey taken or by action coming from that survey. This last recommendation is based on suggested integration of “walkability” addressed in the Bangor Housing Work Group Recommendations \[pp. 10,12\]. Page 5 | 7 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Boarding House and Bed & Breakfast Amendment Member Brush appreciates the work that went into this proposal. He suggested residency requirements for boarding houses, or an in-house staff that must reside at the property. Member Meagher agrees that the two uses should be separate, feels that staff did a good job of separating them out in terms of regulation, but wants to be voting separately on them. He discussed conditional use as a review process, and what the threshold should be on boarding house sizing. Member Meager wants to see the City’s Comprehensive policy on all rental options across the board – long term, short term rentals, that is a distinction between residential and commercial. He would like all rental uses defined, areas allowed, permitted or conditional, and the City’s policy on regulating all rental uses, even outside of the development code. Consistency and uniformity between uses when same problem is a possible factor for all of those uses. Vice Chair Perkins stated that he keeps hearing that the “city should do something” about housing. Housing group from 2018 provided recommendations, and we still haven’t done all that was suggested. He feels like it’s kicking the can down the road one more time. Boarding houses are already here now. They’re not regulated because we don’t have regulation to govern them. Planning Officer Krieg has done a great job. We have multi-units illegally all over the city. Problem isn’t the code, it’s the ownership. Boarding houses that are downtown, many don’t have cars. Many times the owner does not live there. He is not sure that he agrees on the parking issue. He thought the process of approval permitting & conditional use can address issues. Parking and traffic are crazy in Bangor, not just because of homeless problem, it’s a housing problem. He added there is a disabled rooming house down the street from his home, been there 10 years with no issues. More problems with the multiunit – no problems with rooming house. Member Bazinet is not in favor of this passing in any form; doesn’t feel it’s in the best interest of the citizens of Bangor. Member Coladarci agrees with Member Bazinet. She stated that the city hasn’t addressed issues with current properties not being up to code, and that it’s not responsible for the city to expand boarding house zoning to other areas when we have lots of homes in URD-2 that need to be rehabilitated. In terms of increasing population density with bringing in people to boarding houses, it’s still going to create traffic in neighborhoods. There are current traffic enforcement issues in neighborhoods, sidewalks need repaired. Having more people coming in on a short-term basis is concerning in family- oriented neighborhoods. City should mandate current boarding houses, live in owner or a live in manager to ensure house well-kept and residents held accountable for their actions. She also indicated that owner should be a Maine resident. She thinks the parking requirements for Boarding Houses shouldn’t be changed. She also indicated she thinks the Disruptive House code isn’t an insurance policy for the boarding houses to adhere to general practice. Chair Huhn applauded the planning department for hard work and courage to bring forth a proposal like this. Staff is also working on a brand-new comprehensive plan. There are already 13 boarding houses in the city and there will be more. Proposal should separate boarding houses and bed and breakfasts; Page 6 | 7 CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Boarding House and Bed & Breakfast Amendment perhaps Conditional Use as a tool moving forward. In favor of the motion to recommend it ought not to be passed so Planning Board can take comments back, look at proposal again, rework it and return with a better proposal. Planning Officer Krieg asked clarification questions, and received the following answers from Planning Board Members:  Member Meagher - City imposed license and inspections on regular basis. He wants to understand the rationale for requiring license and inspection in some rental situations and not others.  Member Shaw – In terms of easing of required number of parking spaces, she would like to see information from the walk audit incorporated to ensure that we’re not taking away parking ability, or vehicle access ability without a good, walkable space in place for that.  Member Brush – He confirmed there should be a requirement of owner/manager to live at property. The Council is reminded this work was created as part of the 2019 Affordable Housing Work Group. The work for this amendment commenced with the pending work on short term rentals, as these three uses are currently linked together as one use in the Land Development Code. Staff intent was to separate out these uses and regulate them differently. In researching boarding houses and how they are treated elsewhere, it was found that shared housing or boarding houses are an economically viable way to create affordable units. Staff then looked at each residential zoning district to make recommendations on whether the use would be allowed and how it would be allowed (that is, on an arterial, or by conditional use.) If the Council votes to not approve the amendment, it is requested the Council consider providing staff with direction as to whether: 1. The Council wants staff to study the use further and bring back an amendment with possible changes, a. and whether there are specific changes the Council would like to see analyzed for possible insertion into a new amendment. 2. The Council wants this work delayed to the completion of the Comprehensive Plan. 3. The Council wants this amendment delayed indefinitely. Additionally, staff will bring the updated tracking document of the recommendations from the 2019 Affordable Housing Work Group to a future Business & Economic Development Committee to obtain direction on the remaining recommendations. These conversations are an important part of the overall planning processes for the city. As staff continues working on the comprehensive plan, these hearings help us understand the tenor of the city’s residents. amk Page 7 | 7 ЌΉЊАΉЋЉЋЋ Boarding HousesandBed &Breakfast Uses ZoningProposalPresentation BangorPlanningDivision Whatwillthis presentation tellus HOWDIDTHISCOMEWHAT/WHEREARETHEHOWISTHEUSE ABOUT?USESALLOWEDMANAGEDAND CONTROLLED A.AffordableHousingWorkgroup Recommendation2019 Whyarethese B.Touristhomes,boardinghousesandbed& uses breakfastlumpedtogetherasoneuse proposed? C.Criticalsituationforaffordablehousingand diversityofhousing Њ ЌΉЊАΉЋЉЋЋ Whatisaboardinghouse RoomsareManagement rentedonoroffsite CommonLicensedand spaceinspectedby providedcity Wherecan boarding housesbe locatedinthis proposal Boarding URD1HistoricDistrictsȟ,¨¢¤­²¤&Inspection Houses URD1nonHistoricDistrictandLDRȟ#®­£¨³¨®­ «Use onanarterialonly proposed URD2,NSD,DDD,HDR,RR&ALicense&Inspection allowances Ћ ЌΉЊАΉЋЉЋЋ Whatabout historic districts STREET,MAJORARTERIAL Broadway,HammondStreet,HoganRoad,Main Street,OdlinRoad,StateStreet,StillwaterAvenueand UnionStreet. Whatisan STREET,MINORARTERIAL arterialstreet MountHopeAvenue,EssexStreet,GriffinRoad, KenduskeagBoulevard,OhioStreet,StateStreet, MaineAvenue,andFourteenthStreet. LandDevelopmentPermitConditionalUsePermit Whatisthe Licensure ¢¨³¸Ȍ²oversight FairHousingLaws forboarding InspectionforBuildingCodeandLifeSafetyCodes houses? 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Boardinghousesareconsideredaresidentialuse (FairHousingLawsapply) Ў ЌΉЊАΉЋЉЋЋ PlanningBoardmakesarecommendationtoCity Councilastowhetherthisproposaloughttopassor What oughtnottopass happens TheBoardmayrequestCounciltomakeamendments tothelanguage(processstartsoverifthisoccurs) now PlanningVoteInfluenceonCouncilaction Thankyouforbeingapart ofthisimportantprocess BangorPlanningDivision Џ BoardingHousesȟ¨­HistoricDistrictorArterialsonly URDȟͶ ExplanationofCode Bed&Breakfastȟ¨­HistoricDistrictonly Proposal ChangeProposal BoardingHousesandBed&Breakfast M&SD BoardingHousesallowed"® ±£¨­¦(®´²¤² «±¤ £¸ ««®¶¤£ URD2Multifamily& Bed&BreakfastallowedonlyinHistoricDistrictsBed&Breakfastallowed ProposalServiceDistrict Proposal Њ NSDDowntown BoardingHousesallowed(®³¤«² «±¤ £¸ ««®¶¤£ NeighborhoodDevelopment "¤£lj"±¤ ª¥ ²³ «±¤ £¸ ««®¶¤£BoardingHousesallowedabovegroundfloor ServiceDistrictDistrict ProposalProposal HighDensity LowDensity Residential BoardingHousesallowedonlyonarterialsBoardingHouseallowed Residential (HDR) (LDR)Proposal Proposal Ћ Bed& Breakfastand Rural Theyarenottogether,³§ ³Ȍ²partofwhythis Boarding Residence& amendmentisproposed,³®²¤¯ ± ³¤³§¤¬¡¤¢ ´²¤ BoardingHousesallowed Houses ³§¤¸ ±¤£¨¥¥¤±¤­³ Agriculture Whyaretheytogether? "¤£lj"±¤ ª¥ ²³ «±¤ £¸ ««®¶¤£ #´±±¤­³«¸³§¤¸ ±¤³®¦¤³§¤±Ǿ²®³§¤¯±®¯®² «¨²³® (RR&A) Whydoesthisseemso ²¤¯ ± ³¤³§¤¬®´³³® ««®¶³§¤¬£¨¥¥¤±¤­³«¸ complicated? Proposal Whatarethe common themesfrom Whattypeof Onsitemanagementforboardinghouses BoardingHousesandBed&Breakfastsbothgetlocal theconcerns Offstreetparkingforboardinghouses licensing andstatelicenses Agreementsheardthusfar Noboardinghousesinhistoricdistricts occurs Ќ BoardingHousesarenottransitionalhousingwith PropertyMaintenanceservicesnoraretheysheltersȟ³§¤¸arehomesrenting Whatother Othernotes outrooms DisruptiveHouse codesapply Thisproposaldoesnotaddressshorttermrentals Ѝ From:Kristin Vekasi To:Planning-WWW Subject:Land Development Code comments Date:Friday, February 18, 2022 2:29:08 PM ________________________________ WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. ________________________________ Good afternoon, I live in the affected region for the proposed changes in Bangor’s Land Development Code. I unfortunately cannot attend the meeting on March 1. I am strongly in support of these changes. Bangor needs more housing options and this reasonable change to the code is a very reasonable step. All best, Kristin Vekasi 138 Dartmouth Street, Bangor ME From:Daniel Boone To:Planning-WWW Subject:Land Development Code Date:Friday, February 18, 2022 4:45:53 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Good afternoon, I received the letter from the Planning Board concerning the intended change to Chapter 165 of the Land Development Code. Why would the city increase the amount of Bed and Breakfasts and boarding houses when they could simply shut down or change the rules governing the amount of Airbnbs and Vrbos in the city and turn those into long-term housing instead of daily and short term rentals? That would have the added benefit of increasing housing and potentially lowering the cost for renters. Further, I have been dealing with an issue concerning multiple short-term units in older houses that are not zoned for it and the city hasn't taken action in years. I have low confidence that code enforcement would be able to keep up with an influx of new multi-units all over. Add on to this the difficulty of finding parking for all these new tenants on old small side streets and you have a serious problem. Please think this over before allowing more potential Airbnbs and Vrbos to take over the city. From:Krieg, Anne M. To:Bickford, Melissa; Collette, Anja Subject:FW: Planning boArd meeting Date:Friday, February 18, 2022 5:03:58 PM For the file Anne Krieg AICP Bangor Planning Officer From: Krieg, Anne M. Sent: Friday, February 18, 2022 5:03 PM To: 'beverlywm@aol.com' <beverlywm@aol.com> Subject: RE: Planning boArd meeting Hi there - Thank you for sending your comments below. They will be forwarded to the Planning Board and the City Council. I would also encourage you to look at the documents that the city created to explain the background for the request here: https://www.bangormaine.gov/zoning Please note this effort is not related to any development but is a proposed zoning language change. I understand your frustrations in your neighborhood, as we have spoken a few times; but this proposal is not related St Joseph’s Hospital. It is related to the recommendations from the 2019 Affordable Housing Workgroup. Thank you again for taking the time to submit your comments and observations. Let me know if you have further questions. amk Anne Krieg AICP Bangor Planning Officer From: beverlywm@aol.com <beverlywm@aol.com> Sent: Thursday, February 17, 2022 6:08 PM To: Krieg, Anne M. <anne.krieg@bangormaine.gov> Subject: Planning boArd meeting WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. I received today a letter (addressed to Dorothy Warren, my 99 yr old mother). My name is also on the deed of our home. I will attend this meeting as I have concerns Re the impact on French Street. 2 years ago wewere notified of a zone change requested by St Joseph’s Hospital/Penquis Cap to build a Low income senior housing development on the land across the street from my home!! That request was withdrawn after neighborhood gatherings and concerns expressed. Sooooo St Joes now has torn down 8 buildings and deceptively stated publically that they expected to use this land forparking lot or community gardens. How very interesting thst this zone change is now requested- without stating St Joes plans to sell the land to Penquis for low income senior housing. I would ask if you would provide me with email addresses of members of the planning board so I can sendmy concerns toeach of them prior to the meeting. The traffic on French Street will increase to the point of ruining the park use and neighborhood. And- the Cityhas allowed St Joes to move in and ruin the entire neighborhood already!! Tearing down 8 homes on Congress Street and Broadway has certainly changed myhome views. It isn’t fair- it isn’t kind. And certainly I don’t trust the hospital now!! Drive by! Come see if this is how u want your neighborhood to look!!! I don’t think so. I look forward to hearing from u. Beverly Mansell Beverlywm@aol.com 207-745-0636 424French Street Bangor, Mel Sent from the all new AOL app for iOS From:David To:Planning-WWW Subject:Land Development Code proposal’s Date:Sunday, February 20, 2022 11:11:18 AM ________________________________ WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. ________________________________ First and foremost, I would be interested in knowing if every homeowner in Bangor received this notification? Secondly, I’m opposed for allowing any and all corporate buying and selling of properties for the purpose of disrupting neighborhoods for their special interests only. We today know who our neighbors are currently, and we help each other out during times of need. Bringing in and putting into place these Bed & Breakfast and Boardinghouses would and could be detrimental to our existing way of living, by not knowing where these people are coming from occupying these homes, etc. In today’s world it’s all about Corporate Greed and the heck with us hardworking low and middle class people of our Country. Certainly $$ talks doesn’t it! I would hope that you all think this subject matter over well in your minds and make the right decisions for the better interests of our taxpayers of Bangor and not these special interests groups that have a way of persuading others with Big Money talking. Sincerely, David R Ferguson P.S. A response to this letter would be welcomed. Sent from my iPad From:Mary Wright To:Planning-WWW Subject:proposed changes to the Land Development Code Date:Wednesday, February 23, 2022 12:29:33 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. To the members of the Planning Board, I have had a chance to review the proposed changes to the Land Development Code for the City of Bangor. I understand the need to find more affordable housing for young people just getting started in their careers, older people looking to downsize, and low income citizens looking for affordable housing. In theory it might make sense to open up old historic home to allow multiple boarders. Many of these homes have “unused” bedrooms. Certainly having several boarders might help defray the high costs of maintaining the properties and help cover taxes and utilities. However, I believe there is a significant downside and risk to allowing these changes to go through for large old architecturally significant homes in historic regions of Bangor. My wife and I live in one of these historic homes on West Broadway. We have lived here for over 25 years. Over many decades the homes in the Whitney Park area have been inhabited by owners who have raised their families, grown old and moved away, to be followed by new owners with THEIR families. Whenever one of these houses goes on the market, there is always someone new ready to move in with a young family. This constantly revitalizes the neighborhood. I am concerned that allowing these home to be turned into boarding homes will forever change the character of this neighborhood. It is unlikely that a prospective owner with a young family will want to move into a home which has been broken up into multiple units and then convert it back to a single family dwelling. I have driven around the eastern half of the city where there are numerous lovely old homes which have been converted into multiple apartments. They may hold more people, but the quality of the homes and their historical significance has been changed forever. In my opinion, the people who will take advantage of these zoning changes if they go through, are real estate companies and landlords who will seize upon this opportunity to buy up these properties, convert them into multiple apartments to make as much money as they can with little regard to the upkeep of the historic homes themselves. This is not just speculation. The evidence is readily apparent throughout the city. I strongly urge the Planning Board and the City Council as a whole to more closely examine the various neighborhoods throughout the city and limit these proposed changes to areas which do not include homes and neighborhoods which are truly historic and architecturally significant. Surely there is room for affordable housing without potentially destroying the character of historic neighborhoods. Thank you for your consideration. Sincerely, George J. Wright III Mary S. Wright From:Krieg, Anne M. To:"Shelly Lizotte" Cc:Bickford, Melissa; Collette, Anja Subject:RE: comments on text changes for boarding house and bed and breakfasts Date:Wednesday, February 23, 2022 12:10:12 PM Hi Shelly! Thank you for taking the time to write your comments – this is very helpful! See my comments below next to yours in blue. Do not hesitate to ask further questions! amk Anne Krieg AICP Bangor Planning Officer From: Shelly Lizotte <rlizotte@artifexae.com> Sent: Tuesday, February 22, 2022 5:39 PM To: Krieg, Anne M. <anne.krieg@bangormaine.gov> Subject: comments on text changes for boarding house and bed and breakfasts WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Hi Anne, I’ve got a few comments on the proposed text changes, and as usual, this leads to questions. I didn’t feel the submittal form was sufficient space to explain and/or state our concerns. (Ellen and Myself are the two Bangor residents from our office) I understand the premise behind these proposed language changes and have read most of the materials from the links on the website. For Bed and Breakfasts, as you have it defined seems logical, especially for historic structures. Why do you propose it be permitted in RR&A but not in LDR? \[Anne Krieg\] The minimum lot sizes in RR&A are higher and RR&A also has more non-residential uses allowed than LDR – LDR is a funny district to me for sure but it appears to be akin to URD-1 but different in that it’s what we might call a “first ring suburb” kind of zone. As we think about the districts as whole for the land use plan in the comprehensive plan, these kinds of segregated districts will be important conversations. I think there is a missing category to cover short-term rentals that are not bed and breakfasts, i.e. no food provided or live-in manager. I believe short term rentals should be allowed in residential zones provided that the proposed use is reviewed by the City in some way. If the structure is a conforming use to the zone, then renting it as that conforming use seems completely fair. If deeper review is necessary, it could be conditional use and allow the Planning Board to review. Even renting a home for a weekend or for a week (think about the snowbirds that are in FL for the winter) could be a great way to keep the home occupied and maintained. I don’t think any residential zone should be excluded. Maybe as part of obtaining a permit to rent short term, owners could be required to list a property manager or maintenance person, like how it’s done for Stormwater Maintenance plans. Without a separate short term rental category, it just seems to me that we are trying to prevent the Airbnb type rentals in the City. \[Anne Krieg\] This effort was pulled out of our active short term rental project (language for this is pending.) As indicated in the background documents here: www.bangormaine.gov/zoning when we started to look at short term rentals in zoning, we realized that we needed to address bed & breakfasts and boarding houses too. The Land Development Code has these three uses lumped together as a use so we had to separate them out and assign them accordingly. In doing research on boarding houses, it was apparent this might be helpful as another housing option. The 2019 Affordable Housing Work Group also indicated that boarding houses should be allowed. Boarding houses are more concerning to me than B&B’s. Mostly because I worry about the regulation/control of these properties where there is no management required to live on the property. It concerns me that this may be geared toward becoming more transient housing, with clients that may also have untreated mental health issues. I know we need to accommodate the unhoused individuals in the City, but I’m concerned that allowing it to be Permitted without review in most residential zones is going to lead to more unmanaged, derelict buildings. If property managers had a dedicated office space (at the very least) required in the building, it would be less of a concern. \[Anne Krieg\] Remember that a house can have 5 unrelated people right now without any more oversight than a single family dwelling. The boarding house would be a change of use permit which will trigger the code office to ensure that building code and life safety issues are met. Some districts have boarding houses going to the Planning ng Board so a public hearing with notice to abutters will occur for that use/district as well. I also think that permits for these uses should become null and void if the property is sold, requiring the new owners to obtain new permits to continue the use. \[Anne Krieg\] If the city wanted to do a separate licensing code for boarding houses, then the permit could go with the owner/operator. This would be a separate undertaking and one to consider – thank you! Are there portions of the city that may see significant rezoning as part of the comprehensive plan that would change where these may be allowed? If so, I think we need to know that before making this language change permanent. \[Anne Krieg\] Normally, I wouldn’t take on large zoning changes while working on a comprehensive plan; however we have been continually working over the last few years I have been here at implementing the 2019 Affordable Housing Work Group Recommendations. This document is recent and was accepted by the City Council. City Council had in the recent past directed staff to encourage housing unit development. More recently, the City Council has directed staff to work on housing as a critical issue. Due to the Workgroup direction and the directives from the City Council, I feel more comfortable as a planner in forwarding zoning along during a comprehensive plan process. To further answer your question, the Land Use Plan has not been formulated. It is possible the district lines/allowed uses may adjust once the Comprehensive Plan is implemented. Please note it typically takes two years (sometimes more, depending on a host of factors) to implement the Land Use Plan after the Comprehensive Plan is ratified by the City Council. It is expected the City Council would ratify the Comprehensive Plan a year from now. I may have other comments come up in the next few days. Thanks, Shelly Rayshelly Lizotte PE, LEED AP Principal, Civil Engineer T. 207.974.3028 C. 207.745.7449 W. www.artifexae.com 175 Exchange Street Bangor, ME 04401 From:lovemaine To:Planning-WWW Subject:proposed zoning changes Date:Wednesday, February 23, 2022 1:23:30 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Hello, I am strongly opposed to the proposed zoning changes in my neighborhood. I recently purchased a home in the proposed area the Planning Board of the City of Bangor is considering. Had I known this was even being considered I likely would not have purchased this home. My home is in a historic neighborhood and one of the reasons to purchase a home in a historic area is the character, appeal and lasting integrity of the neighborhood. Changing the zoning in this neighborhood would have an impact on the character of the neighborhood and potentially a negative effect on property valuation of residences investment, higher traffic, crime, and unfamiliar neighbors that by nature would be transient. Again, I strongly oppose this proposed zoning change and believe it is unfair to residents that have put their hard earned money into a property and neighborhood as it exists currently. It's not appropriate or fair to impose changes on someone's neighborhood in this manner. Thank you for your time From:Katie Schaffer To:Planning-WWW Subject:Chapter 165 Land Development Code Date:Thursday, February 24, 2022 11:24:40 AM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Hello Anne, I left a message on your phone line yesterday asking for someone to explain one aspect of this proposal that is unclear to me in anything you have provided. My question is about the Proposed Allowed Uses: In an historic district - and specifically in the block of West Broadway where the Stephen King Houses are - do you propose to allow out-of-town owners to buy and run boarding houses? Or are Boarding Houses only allowed on the major and minor arterial streets? I would appreciate an answer before the meeting so I could make an informed opinion. Thank you. Katie Schaffer 69 W Broadway Bangor, ME 04401 From:anna To:Planning-WWW Subject:Boarding House and Bed & Breakfast letter Date:Thursday, February 24, 2022 4:15:54 PM ________________________________ WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. ________________________________ I was wondering if this includes group home regulation. There are 2 at Broadway and Falvey and one around the corner on Falvey that we know of. The one around Falvey has in the past had a male client who wanders Falvey with no supervision. He will stand at Thornton and Falvey and walk across the street to walk in my neighbor's puddles of water. He also was in a child's pool on Falvey and visiting the park. There are a few houses that have college students boarding in them. All sorts of out of state cars. This has been going on for a few years on Falvey, Naylor, and Nash. Any current regulation for this? Ann Fessenden From:Collette, Anja To:"anna"; Planning-WWW Subject:RE: Boarding House and Bed & Breakfast letter Date:Friday, February 25, 2022 2:50:09 PM Hi Anna, group homes are technically community living arrangements, which are already allowed in URD-1 (which includes Bangor Gardens). These are different than boarding houses and are licensed by the state. As far as the houses with college students, our current code allows up to 5 unrelated people to live in a house, as long as the house has the square footage to support it. No additional permitting or oversight is required for that and no changes to that are being proposed. The difference between college students renting out a house and having their own rooms and a boarding house is in the way that they're rented- typically college students will rent out a house as one entity/group, whereas in a boarding house, individuals rent out each room separately within a house (they may or may not know each other and they're not acting as one group). This is an operational difference and is handled within the Code Enforcement office. -----Original Message----- From: anna <puppetfes@yahoo.com> Sent: Thursday, February 24, 2022 4:16 PM To: Planning-WWW <planning@bangormaine.gov> Subject: Boarding House and Bed & Breakfast letter ________________________________ WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. ________________________________ I was wondering if this includes group home regulation. There are 2 at Broadway and Falvey and one around the corner on Falvey that we know of. The one around Falvey has in the past had a male client who wanders Falvey with no supervision. He will stand at Thornton and Falvey and walk across the street to walk in my neighbor's puddles of water. He also was in a child's pool on Falvey and visiting the park. There are a few houses that have college students boarding in them. All sorts of out of state cars. This has been going on for a few years on Falvey, Naylor, and Nash. Any current regulation for this? Ann Fessenden From:Mary Richard To:Planning-WWW Subject:Possible changes to Land Development Code Date:Saturday, February 26, 2022 2:44:00 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Dear Ms. Krieg Thanks for the letter advising us of the Planning Board Meeting on March 1. I am unable to attend but am offering here a few concerns/observations. I am sure they have been mentioned before but just in case. Please know that I am not against rooming houses or bed and breakfasts if they can be operated safely. I live at 68 Pearl Street, a high density neighborhood with several apartment buildings. The following is of concern should rooming houses be allowed. Pearl Street is extremely narrow and several of the apartment houses do not/cannot provide on site parking. If emergency equipment is called, it is difficult for the crews to maneuver. When the snow plows are out, I have seen them forced to back up all the way from the corner of State Street to Garland. The apartment house on the corner of State Street and Pearl Street has absolutely no on site parking. The tenants are allowed to park at the home of the owner on East Summer Street, a bit of a walk. The apartment houses tend to be of old stock, and I wonder if they are all up to code to be used as rooming houses. I realize that Pearl Street, Fruit Street and Otis Street are not listed specifically, so my concerns may be moot. I am, however, grateful that I have been given the opportunity to voice my concerns. Sincerely Mary J. Richard February 26, 2022 From:Katie Schaffer To:Planning-WWW Subject:Amending Chapter 165 Land Development Date:Monday, February 28, 2022 10:02:53 AM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. To the Planning Commission: I am writing to say that I am not in favor of the changes you are suggesting will be made in our Historic District, which is also a neighborhood of friends. One of the reasons my husband and I purchased our home on West Broadway was because it was in an Historic District. We were ready to, and did (and do) invest a great deal of time and money to bring our home up to the standards of the rest of the homes on the street - all with proper permissions and approvals. It is a neighborhood where we got to know and love our neighbors. We look out for each other and care about the appearance of our homes. The people who own the houses live here and care about historic Bangor. We have been lucky that the people who have recently purchased homes are young families who want to get to know their neighbors and they appreciate how lucky we are on this beautiful street. If they own a historic house, live in it and take care of it and have reached out to meet their neighbors, renting out a space would not be an issue. It happens already with homes where it is grandfathered in. But I think that that scenario is overlooked with your allowances. I don’t think that this change will solve the myriad housing problems that Bangor has. But I think it will cause problems in this historic district. By your definition, but in different words, you are planning to add shared housing units, rented monthly by a number of unrelated people with a landlord who may or may not live there. Who, then, will be looking after the home, weeding the gardens, mowing the lawns, being sure the trash is taken out and that the cans are brought in the next day? What is to stop these homes from becoming party houses? And will some of those owners used their Historic Tax Credit to chop up an historic home into smaller living spaces adding additional bathrooms and more parking spaces (asphalt)? By doing that, families will not want to purchase with the added oexpense of make a house a home again. Will this be overseen by the Historic Preservation Commission? The block of West Broadway between Union Street and Hammond Street is a block that Bangor should be celebrating and enhancing. It is a huge tourist draw. Hundreds of people come here each year to see Tabitha & Stephen King’s house (soon to become their foundation headquarters and a Writer’s Retreat). They changed the zoning of their houses so that this neighborhood would not change when they move on. The Writer’s Retreat will serve as a type of Boarding House, but we have had the King’s assurance that it will be well looked after and overseen by their foundation. Most of their neighbors have agreed that we are looking forward to having visiting authors in our midst. When people visit Bangor, they stroll up and down West Broadway, taking pictures of all the large houses and looking at the beauty of the trees and gardens on this street. They are generally happy people, interested in the history of Bangor and are grateful when we stop and chat with them about how important a city Bangor once was. This is a street that can still tell that story. Keeping the feeling of an Historic District should be important to the citizens of Bangor. It is an enhancement. But the city's oversight of multi-family rental units, as one can well see up and down Hammond Street and Union Street, is not good. There are examples all over Bangor of many once-beautiful homes that are now divided and falling apart - Repairs are made without consideration of appearance. Historic details get removed. The homes on this block are not changed on the inside - they have precious original details that will be lost with the divisions into rooming houses with private bathrooms. I feel that there needs to be much more clearly stated regulation about changes that can and cannot be made to the homes here. I feel that I need to know that the Planning and Historic Preservation Commissions will help new home owners with those renovations - guiding them to resources to make suitable 21st century changes that keep the feel of this neighborhood the same. I have not seen evidence that we have that type of guidance available here. I am concerned about the amount of visible parking that may be added. I am concerned with out-of-town landlords not paying attention to the ordinances when they make changes. Out of town landlords generally do not have much interest in doing things for the good of a neighborhood where they don’t live. I am concerned with new, required fire escapes that will not be required to suit the style of the houses. Will dumpsters and rows of trash cans be allowed? I believe that this is opening a door to the inevitable change from a street where people know their neighbors and take pride of ownership in their homes, to a street of commercial enterprises without soul. For the past number of years, once the owner’s wife moved out due to a divorce, the house at 75 W Broadway has been basically run like a rooming house. The owner spent infrequent time there. He has other rental property and homes in the state. Strangers stayed in the house, people rode ATVs in his back yard, snowmobiles through my yard. He cut down a large portion of town property trees, and made ATV trails on the town property behind his house. Trucks and cars were often parked on his front lawn. An epoxy flooring business was being run out of the house, large deliveries made and company trucks parked there for days at a time. This historic gardens were destroyed by the ATVs and then removed from the yard. When we were finally put in touch with Officer Elizabeth Ash, as Mr. Young was about to move and things escalated, she agreed that we were being “tortured” by this neighbor. But it went on for years. The beautiful house where Frannie Godfrey was born at 65 W Broadway was purchased in December of 2018. The house is now empty most of the time. The owner and his family have vacationed here for a week or two a few times. We introduced ourselves and entertained them at the beginning. Later, sometimes strangers would arrive by taxi, spend a night as if it were a rental, and then leave in the morning. Now, construction has been going on there since the fall (see below). Is there a building permit? Did Historic Preservation get notified? I hope so. The driveway was dug up and cement poured. (Dig-safe?) So no, I do not approve of taking what was once, not too long ago, a family neighborhood and making it even easier for things to deteriorate. It would be a shame for Bangor in the long run. With all respect, Katie Schaffer 69 W Broadway From:larry puls To:Planning-WWW Subject:Inquiry from website Date:Monday, February 28, 2022 12:13:44 PM ________________________________ WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. ________________________________ Thank you for your note regarding our questions. We consider Thatcher St., Olive St. And, our street Olive Heights as this neighborhood. When this development happened on Thatcher St., the beside neighbor asked questions and those were not received well by the property in questions owner. It is our belief they are renting rooms for more than 30 days, using common areas, i.e. Kitchen, living room. That would be a Boarding House according to the description provided. So how is that permitted and what ordinances are they required to follow? According to the information we received this is NOT permitted in URD-1 at this time. We think further study as to how this happened is needed. Larry and Bonnie Puls Sent from my iPad From:Krieg, Anne M. To:"Jason Stutheit" Cc:Michael Hendrix; Michael Legere; Hanscom Bilotta, Brenda; Bickford, Melissa; Collette, Anja Subject:RE: Zoning change Date:Monday, February 28, 2022 10:56:36 AM Attachments:image002.png Hi there – These changes stem from the work from the Affordable Housing Work Group and the City Council’s direction to address the housing crisis through allowing for more diverse housing types. Short term rental is an active project at a staff level, but not pending regulations are ready for release. It is regrettable that some have linked this effort with any specific entity or possible project as there are no pending projects for these uses. I would encourage you to look at the background and research here: www.bangormaine.gov/zoning. Thank your reaching out to me! amk Anne Krieg AICP Bangor Planning Officer From: Jason Stutheit <jason@dpporter.com> Sent: Monday, February 28, 2022 10:44 AM To: Krieg, Anne M. <anne.krieg@bangormaine.gov> Cc: Michael Hendrix <mhendrix@covh.org>; Michael Legere <MICHAEL.LEGERE@SJHHEALTH.COM>; Hanscom Bilotta, Brenda <Brenda.hanscombilotta@bangormaine.gov> Subject: Zoning change WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Anne, Can you please explain to Mike that the zoning change being discussed tomorrow is not because of the houses that got demolished but because it is a city-wide change to allow for short term rentals. They have neighbors thinking it is because of the Hospitals recent work. February 27, 2022 To: Members of the Bangor Planning Board, City Council Members, Public From: Suzanne Comins, 159 Howard St., Bangor Comments on the Boarding House Concept in Bangor as I understand it from a conversation with a member of the Planning Dept. Staff on Feb. 24, 2022. The city of Bangor’s proposalregarding allowing Boarding Homes is intriguing. I believe we need places where people can stay for longer periods of time when they are in Bangor to work, so we are in agreement on this. I know of the old model of the boarding house opened in desperation by poor widows in the th 19 century, and I recognize that the modern model is quite different. However, I see problems with having a group of folks unknown to each other, of different sexes, rooming in the same house without any landlord or concierge-type person involved on the premises. I believe any new model involving living spaces should be considered “experimental” and that a great deal of thought should go into the planning and execution of the model community. My background: I come from a family of successful landlords from Augusta. My grandfather owned 80 units of rental property. My dad also owned rental property. They were old- school landlords—they repainted each apartment inside when it was vacated, fixed things promptly, knew their renters (they were all French and spoke French), and collected their rents weekly in person so they could talk face to face, hear complaints, and look over the property. Most of their renters were friendly and satisfied.I believe we can all agree that most landlords today no longer follow this model. With this in mind, here are my concerns: 1. I question whether boarding house renters will be safe. Presumably, people would be safe when locked in their rooms, but how safe would they be in common areas, which would include bathrooms and kitchens? Predators and thieves, male or female, may cohabit with honest, hard- working renters. It is not inconceivable that sex traffickers, drug dealers, and other unsavory characters may consider these rentals havens both for potential victims and for sources of income. How will you know with whom you are dealing, and how can you trust landlords to know or care? With no caretaker on the property, what happens when someone gets hurtor people break the law? 2. How will renters be vetted for good character? And, might it not be better to have separate all-female and all-male boarding homes? Yes, I may sound Victorian to many, but if you are female or have a daughter who needed a room while working in Bangor, wouldn’t you prefer a hotel or motel rather than a boarding house with both genders? I know I would—a female wouldhavea bit more protection in that she would at least have somewhere to go to make a complaint. Since I have seen too much to be very trusting, I would not choose to live among unknown males. I think this is a good policy, especially for females of any age. Is the City of Bangor ready to try rape and assault charges as a result of this living plan? 3. Who will monitor things like whether the trash is being put out for collection or whether people are doing any cleaning? Or will these services be provided? People who choose to leave home temporarily to earn money working long hours may have neither the time to do household chores, nor will they have any intrinsic reason to do so. If the place you are living in is not “yours,” why bother? This being human nature, how long will it take to create hygienic and infrastructure problems that may take large amounts of money and time to correct? 4. How will landlords who do not live locally respond to complaints, repairs, problems, etc.? We have watched in despair for many years as some owners of Bangor propertiesallowed their buildingsto decay. They seemedto show little to no interest in solving either infrastructure issues or immediate problems, such as “how do we get rid of the rats in our apartment?” In short, will we not be recreating our currentproblems? Bangor, like all cities, has many landlords who do not respond to complaints. Who will respond to problems with Boarding Houses? It will hardly be a grand welcome to Bangor to put our guest workers into homes like these, affordable or not. 5. Thus, we will not be much further along in our quest to find a good solution to the needs of long-term, temporary renters if we simply ignore human nature, both on the part of the tenant and of the landlord. If Bangor is to do this properly, we need more safeguards in place than merely opening up more Historic homes with rental rooms. 6. Finally, are historic homes the answer? It may be true that owners of these large homes and the city need to find more uses for them for economic reasons. However, these large homes also enhance the city and provide Bangor with a cachet that multi-family homes and mixed-use development can never provide. These old homes are the architectural jewels of our city. I, for one, have no objection to tenants staying in them. However, I do have a passionate objection to this if these beautiful homes devolve into poorly-kept- up, paint-peeling monstrosities. Only if the City of Bangor is very, very careful will this not come to pass as our future, just as destroying our open spaces and habitats will eliminate the reason why people enjoy living in Bangor. 7. Therefore, we must balance our current needs with the needs of the city going forward. Let’s make sure we save what is truly thesoul of the city—historic architecture that captures the grace and civic pride of our illustrious past. These glorious buildings, once altered or gone, will not return. Likewise, land, stately trees, and habitat lost to development will notregenerate themselves.Once these Historic homes and other properties are savaged or are allowed to be defaced and ruined, they are prohibitively expensive, if not impossible, to bring back, even if there is civic will to do so. I urge those unfamiliar with Bangor’s former glory to consult some older photos. It is a sad fact that Bangor lost a great deal of its valuable heritage during its Urban Renewal phase of the 1960’s. Many Bangor citizens still shudder over it. We know first-hand that it is impossible to recreate the soul of a neighborhood or city once it is lost by gutting or neglecting its historic areas or through the wanton development of all its precious natural areas. Do we want to live in the strip mall that constitutes much of America? 8. I urge Planners and Councilors to rethink the current model of Boarding Homes as I understand it, and to find, at the very least, ways to provide on-site caretakers for these new living communities. Thank for your reading my thoughts. From:Micah Pawling To:Planning-WWW Subject:Opposed Amendment to Land Development Code, March 1, 2022 Date:Tuesday, March 1, 2022 11:00:59 AM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. March 1, 2022, 11:01 A.M. Dear Planning Board of the City of Bangor, As a homeowner in Bangor, I strongly oppose amending Chapter 165, described in the letter dated 2/14/2022, as the proposed changes will severely compromise residential neighborhoods. Moreover, boarding housesand bed & breakfasts are two different types of developments that bring two totally different changes. While preserving old homes in Bangor should be a priority, as well as affordable housing, the proposed amendment is definitely not the answer. As it stands now, we all have more to lose than gain from the proposal. Sincerely, Micah Pawling. (he/him) Fern Street From:Nancy Nicholson To:Planning-WWW; Jerry Lyden Subject:Comment for Public Hearing Tonight Date:Tuesday, March 1, 2022 12:05:38 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Good Afternoon. My husband and I plan to attend your zoom meeting tonight. We own a single family home on Maple Street and would like clarification on several issues, the most important is this: After reading your proposal we are not clear if ANY large historic home in Bangor can become a boarding house, or just properties on designated streets. We have many concerns about this and think that this is such an important issue that it should be voted on in November as a ballot referendum by all of the citizens of Bangor. I hope that you will address this suggestion at tonight's meeting. Thank you very much, Nancy Nicholson and Jerry Lyden Maple Street Bangor, Maine From:Collette, Anja To:"Nancy Nicholson"; Planning-WWW; Jerry Lyden Subject:RE: Comment for Public Hearing Tonight Date:Tuesday, March 1, 2022 12:11:58 PM Attachments:image001.png Hi Nancy, thank you for your comments; they will be sent to the Planning Board and City Council. To answer your question about historic homes, in the URD-1 zone, boarding houses would be a permitted use in a home that is either a designated historic site or landmark or in a designated historic district. A list of these can be found here. Bed & breakfasts would be a conditional use in these areas. If a home is not either a historic site or landmark or in a historic district, a boarding house would be an allowed conditional use only on major or minor arterial streets (designated in the definitions here). Let us know if you have any additional questions or comments. Thank you, Anja Collette Planning Analyst Community & Economic Development Planning Division 73 Harlow Street Bangor, ME 04401 anja.collette@bangormaine.gov Phone: 207.992.4234 From: Nancy Nicholson <nancynicholson12@gmail.com> Sent: Tuesday, March 1, 2022 12:05 PM To: Planning-WWW <planning@bangormaine.gov>; Jerry Lyden <sil4star@gmail.com> Subject: Comment for Public Hearing Tonight WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Good Afternoon. My husband and I plan to attend your zoom meeting tonight. We own a single family home on Maple Street and would like clarification on several issues, the most important is this: After reading your proposal we are not clear if ANY large historic home in Bangor can become a boarding house, or just properties on designated streets. We have many concerns about this and think that this is such an important issue that it should be voted on in November as a ballot referendum by all of the citizens of Bangor. I hope that you will address this suggestion at tonight's meeting. Thank you very much, Nancy Nicholson and Jerry Lyden Maple Street Bangor, Maine From:bonniepuls@aol.com To:Planning-WWW Subject:Tonight’s meeting about Chapter 165 Date:Tuesday, March 1, 2022 12:37:22 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Larry and I have some questions. Who would oversee the parking situation if Boarding Houses are allowed? Off the street parking is a must due to plowing. So if three rooms are rented out, and all renters have cars, where do they park? How may bathrooms will be required for how many rental rooms? Will more than one person be in one room? Will locks be allowed on individual rooms, if yes, what is the fire code for that? We know a person who has a Rental Voucher, the apartment is substandard and the land lord receives $850 a month and that is for all the apartments in the building as well. Gee, no wonder the housing market is being driven by persons who just want the money. Out of area buyers, among others. We also feel neighborhoods should be advised when there is a boarding house in the area. Who are these folks that will be renting? Established neighborhoods have children, older folks and would not appreciate a person with a criminal record of any kind. Drugs are another concern. Housing is an issue in Bangor and in many other parts of the country. Can the planning board access studies done in other places that have gone this route that will give guidance as to crime rate increases and other matters that would effect an Historic or just a neighborhood. Bonnie and Larry Puls Sent from the all new AOL app for iOS From:Carol Cutting To:Planning-WWW Cc:Carol Cutting Subject:Boarding Houses Proposal Concerns -- Parking Date:Tuesday, March 1, 2022 2:01:06 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. I'm concerned that the Boarding Houses are not required to have on-site owner/supervisor and this could lead to bad renter behaviors. A BETTER Idea would be to require an in-house supervisor. Secondarily, there is no guarantee these Boarding House units will be AFFORDABLE and not just the highest rent possible by the owner. Thirdly, why are other URD-1 areas on the East Side are not ALSO included?? It seems that the East Side is the area that is continually focused on making it more congested with looser zoning regulations. My PRIMARY and Personal Concern is about PARKING! The Proposal states: "165-71 Residential districts. --D. Driveways in residential districts may be used to meet parking requirements for boarding houses, and buildings containing 2 to 4 dwelling units WITHOUT THE NEED TO MEET REQUIREMENTS IN 165-73 AND 165- 74" Given that in URD-1 Zones, there is NO CURRENT REQUIREMENT that residents must even USE DRIVEWAYS to park in.... only that a Set Back of 5 feet on the side-line and 10 feet on the rear-line. AND NO CLARIFICATION IF CARS MUST BE PARALLEL TO THE SIDE-LINE OR CAN BE PERPENDICULAR. \[I am currently dealing in an apartment in a URD-1 -Zone, where the landlord recently changed all tenant parking from the Driveway, to THEIR BACKYARD --PERPENDICULAR 5 FEET FROM AND FACING INTO MY BACKYARD! The Code Enforcer has told me Codes don't clarify parking must be Parallel to the Side Yard, nor even in their driveway. THUS, I have 4 cars and headlights 7 feet from my picnic table with 8 headlights shining in my house 20 feet away. THIS IS NOT OKAY! With this new Proposal.... there will be no clarification as to 1.) where, 2.)parallel or perpendicular, 3.) how many cars, 4.) nor need for a buffer yard! This will be destructive and invasive for neighbors and quality of home life! A Boarding House could have any number of cars facing directly into their residential neighbor's yard ONLY 5 FEET AWAY! A "Walmart-style" parking lot. --This #173-B. Code NEEDS to be Clarified that parking along Side Yards should be PARALLEL for existing Codes in areas unaffected by this New Proposal. --This Requirement exemption Parking Codes should be REMOVED from the New Proposal, the present Park Codes kept and Clarified. I appreciate the need for affordable housing. However, the ruining of backyard privacy is not a way to maintain neighborhoods, keep a quality way of family life, nor a way for Bangor to grow healthily. Thank you. Carol Cutting - 14 Eaton Place From:Chad Peterson To:Planning-WWW Subject:March 1st Meeting Date:Tuesday, March 1, 2022 10:34:31 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Greetings: I spoke at the Planning Board meeting and believe it appropriate to address the procedural issues, to wit, not limiting speakers to the two minute limit that was stipulated and then suggesting more public comment with limitations based on the discretion of the chair. As a rare attendee of meeting such as this, I have never seen a stated time limit not enforced. This is a serious error that opens the board for arguments of equal time and preferential treatment of one speaker over another. That the time limit may be different or decided at whim at the next meeting could be a liability. Not a single person was denied the chance to speak and yet the decision was made to open it up for more public comment? When does the public comment end? When the board gets the comments it wants? When the board, through comment attrition, ceases to attract significant opposition? Why send this deeply flawed proposal to City Council? Many homeowners and real estate professionals alike spoke against the proposal. A scant few spoke in favor, one of which already runs a licensed rooming house. One that has on-site management, it should be noted.. She largely spoke in favor of how her own boarding house but didn't address the merits of the proposal. At a minimum, the suggestion that Bed and Breakfast and Boarding House regulations are disparate enough to merit separate proposals is reason to vote against it. Most of the people's comments made it clear they understood the proposal and opposed it for legitimate reasons. I appreciate your service to the community and am grateful I was allowed to speak. I surprised myself when I requested the solicitor's comments regarding procedural issues on the record, but I felt the need to address it in real time. Thank you for making an allowance for that - in itself likely a procedural error on my part. Thank you for your time and consideration. Chad Peterson From:Krieg, Anne M. To:"beverlywm@aol.com" Cc:Bickford, Melissa Subject:RE: Planning meeting Date:Wednesday, March 2, 2022 8:56:51 AM Hi there – Thank you for your comments below. They will be sent to the Planning Board and the City Council for their consideration. These hearings are important for the decision makers (Planning Board and City Council) to fully hear from Bangor residents. We appreciate everyone’s time, attention and participation. As staff, we are compelled to forward current planning practice, and even more notably, to seek to implement plans that have been accepted by the city. In this case, we are directed to produce proposals that implement the work of the Affordable Housing Work Group. The public process then dictates what pieces from that plan are implemented. As noted last night, other recommendations from that plan have already been implemented, that is, the allowance for Accessory Dwelling Units and increased density allowances. The Planning Board is dedicated to hearing from the public. We needed legal counsel to ensure the motions were accurate for the record. Please know the Planning Board received a full packet of all emails received as well as phone records for all the calls received and returned. Thank you again for alerting me of your concerns – amk Anne Krieg AICP Bangor Planning Officer From: beverlywm@aol.com <beverlywm@aol.com> Sent: Wednesday, March 2, 2022 7:49 AM To: Krieg, Anne M. <anne.krieg@bangormaine.gov> Subject: Planning meeting WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. I was on Zoom last night for the planning meeting. I would like to have spoken but there were so many in person who had a lot to say that I decided to justlisten. However if u have a 2 minute limit and enforced that limit, I think we ALL could have gottena chance to speak. I agree with the men who spoke at the very beginning. I hope some notes were taken. And it appeared 75% of the folks who did speak were from West side of Bangor. I am not surprised because West side is the “Elite” of Bangor!! Obviously ghis zonechange is NOT being well received by residents. So I hope u all are listening. My comments are as follows: Inspections Re: following guidelines about limitations is a joke!! Doesn’t happen and there is no “rules” that can be enforced!! SDo let’s not use inspections:controls as solutions! Parking is another issue u haven’t recognized appropriately! I have complained repeatedly Re: parking on Congress Street from apartment dwellers/visitors/ st Joe offices and delivery vehicles! And I can’t even get signs for parking on one side only. Apartments rented to 4 folks - with 4 cars and 2 parking spaces provided! Really?? And the traffic involved from these “boarding homes”. This zoning is just an easy way to build apartment houses!!without being up front and honest Check out traffic on Broadway! Really want apartments built on Broadway? Traffic now is ridiculous. And the side streets are not built for that traffic Yes it is East Side! But we can’t deal with this change any better than West Side can. I hope the Planning Board is listening! If u have a public hearing, then organize it so it can be handled! Don’t just cut it off because u are tired!! Enforce the rules. Organize the speakers. Give the Zoom Attendees the opportunity to speak just as in person attendees. There needs to be a plan by the Planning Board Re: hearing us ALL Thank u. Pleasesharethese thoughts. I trust u will do more than just prepare a file that noone refers to. I honestly feel “stifled” by the way the public hearing was handled last night. Gettingyour “legal staff” to determine how to handle the public response?? Really? Either we are included or not!! Beverly Mansell. 424French St Bangor. Beverlywm@aol.com 207745 0636. Sent from the all new AOL app for iOS From:bonniepuls@aol.com To:Planning-WWW Subject:Thank you Date:Thursday, March 3, 2022 12:15:12 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. For delaying the 165 amendment. Larry and I attended the meeting March 1, 2022 via zoom. Lots of concerns! And we share most of them. We appreciate your addressing the home on Thatcher St. A small history. We knew the former owner and also realized why she sold. When that was in the process the new owner was researched we realized the “business” that the home might be used for. City officials were contacted and nothing was done. We could find no information that informed us of the “ permitted community living for 8 or fewer persons with disabilities” that you just provided. We question if that is indeed its use. When the adjacent neighbor spoke with the home buyer and asked about a phone number in case of any emergency or concern, they were told by the buyer that they didn’t need any information and that if they wanted they could put 10 people in that home. Well, heated was the description of the conversation to say the least. How does the city check to see if the use described above is being followed? We have a Penquis, Charlotte White, themed home going in on Olive Street. That took much discussion to understand the process. We are not blind or deaf to the housing needs in our city, however, our rights as homeowners, wanting to keep neighborhoods single family units to protect our property values seem to be of no interest to those who can “spot code” areas. Cottage St. Has developed into an area not code sanctioned. So how did this happen? We think the enforcement of existing code regulations must be reviewed and followed. That might put some trust back into what the city is thinking for its future. Bonnie and Larry Puls 11 Olive Heights Bangor, Maine 04401 Sent from all new AOL app for iOS From:Ruth Nadelhaft To:Planning-WWW Subject:proposed zoning change re:access to housing Date:Thursday, March 3, 2022 1:41:54 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Dear People, I had intended to attend the planning board meeting but family concerns kept me home. I apologize for submitting comments after the deadline. I was somewhat relieved to learn in the Bangor Daily News that the Planning Board intends to work further on the proposal. I have several objections which I don't think are driven by a NIMBY attitude. First of all, I think it is the responsibility of the City, in concert with private developers, to provide more and better housing that is affordable for Bangor workers and citizens. It is also, I believe, the City's responsibility to improve and increase housing and treatment, when necessary, for homeless people. As a taxpayer, I am prepared to make whatever contributions are deemed appropriate based on my property assessed value. As I understand it, the City also benefits from the Biden Administration's distribution of funds to help in the recovery from losses because of Covid 19. It seems appropriate to me to earmark a considerable part of those funds to address the needs for housing and care especially for those affected by the loss of jobs or increased medical issues as a result of the virus. I do not think the problems of inadequate housing should fall on the homeowners in particular districts of the City. This is a city-wide problem and should be addressed--and funded--by larger entities. If Bangor is a magnet, as I believe it is, funding should also come from the State. And, as I note, the Federal Government has awarded considerable funding to states and cities, including Maine and Bangor, some of which might well be used to deal with the problems you propose to solve with this inadequate and unfair zoning change. Within the proposed zoning change there are a number of questionable provisions, some of which were drawn to your attention according to the coverage in the BDN. The allocation of parking space per rooms strikes me as absurd. In a city with inadequate public transportation, in a state with totally inadequate public transportation, just about every working person needs to own a car of some sort. Your zoning proposal would not provide nearly enough off-street parking and would make parking problems worse than they already are. Traffic, already an unsolved problem on many streets including the one I live on, would only increase. In my attempts to get better patrolling of Kenduskeag Avenue speedway, I was told by a very cooperative spokesman for the police that they have woefully inadequate resources in both men and equipment to monitor speeding and impose fines. Your re-zoning, with its inadequate attention to the effects on the neighborhoods singled out, would only increase traffic and parking problems. I am making no judgments about the people involved. I noted the comments of one landlord who defended the character of her renters. My arguments are with the proposal itself and in particular with the assignment of responsibility to selected neighborhoods rather than to the community as a whole--which is where it belongs. I hope the proposal is scrapped and rethought in its entirety with adequate consultation involving property owners as well as those in need of more and more affordable housing options. Sincerely yours, Ruth Nadelhaft 128 Kenduskeag Avenue 207 945 5323 From:plogan05@aol.com To:Councilors; Planning-WWW Subject:Changes to Chapter 165 of Land Code Date:Monday, March 7, 2022 9:12:52 AM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. 296 Maple Street Bangor, Maine March 7, 2022 Re: Changes to Chapter 165 of the Land Development Code To the Planning Board: To the City Council: I urge the Planning Board to NOT recommend the changes proposed to Chapter 165 and I ask the City Council to vote NO on these amendments. I attended the meeting Tuesday night via Zoom and I share many of the concerns expressed by my neighbors. I believe that the best way to bring more affordable housing to Bangor is to have each property owner or developer bring his or her plan before the board and abutting neighbors for input and approval. Several people did just that at the meeting Tuesday night. Designating certain prescribed areas of the city as boarding house zones, reducing the parking standards and striving to increase the density of the urban core does not seem to me like the way to go. In fact, it sounds like a recipe for disaster. Affordable housing is a city wide issue and the solution is to be found city wide. Boarding houses, apartment buildings, tiny houses and subsidized housing should all be part of the mix and the mix should be spread out throughout the city, downtown to outer limits. Each proposal should be considered on the merits. I found it troubling that there was an attempt by someone at the last meeting to limit public comments on the subject. Some people buy their homes, their biggest investment, based on zoning considerations. I think anyone who wants to speak on this issue should be heard. The proposal to amend Chapter 165 of the Land Development Code should be defeated. Sincerely, Pamela Logan From:Mike Gleason To:Planning-WWW Cc:Krieg, Anne M. Subject:Proposed Amendments to Chapter 165 of the Land Development Code Date:Monday, March 7, 2022 2:39:12 PM Attachments:WalterStreetResidenceProperties20220304.pdf Importance:High WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Greetings: I am writing to protest any possible ”non-conforming” or “Conditional Use” changes for URD-1 Zones to allow the establishment and existence of boarding homes and Bed-and-Breakfast Homes (“B&Bs”). (so-called). Our street is approximately 1600 feet long (and 22 feet wide). Within that approximate “three block” distance, there are currently 59 dwelling units. Of that number 43 are rental units (well, one is a “Sober Living” group home), and of that number, 20 of them are owned by absentee landlords. that overflow and/or are left at the curb for days (if ever taken in), and multiple resident vehicles that are either parked across sidewalks (making street plowing difficult and sidewalk plowing impossible) or parked in the already-narrow street (in the Winter, frequently ignoring the they take any proprietary interest in maintaining. For most of the absentee landlords, it appears that their primary interest is collecting rent. To allow boarding homes in this neighborhood would add people and vehicles to an already congested street, and this situation is not exclusive street conditions, and tenant attitudes. 114 Walter Street 207.944.7377 From:Krieg, Anne M. To:"bonniepuls@aol.com" Cc:Planning-WWW Subject:RE: Thank you Date:Monday, March 7, 2022 5:06:17 PM Hi there – Thank you for your comments. If you do want to request anything from the Code Enforcement Office, you can call them directly at 992-4230. I would encourage you to call to review your concerns below. Community Living is defined for specific purposes, and by state statute/law, has protections that allow it to be located in residential zones. It is not the same use as a boarding house. On the proposed zoning changes, I would also encourage you to look at the background materials found at: www.bangormaine.gov/zoning Let us know if you have further questions – amk Anne Krieg AICP Bangor Planning Officer From: bonniepuls@aol.com <bonniepuls@aol.com> Sent: Monday, March 7, 2022 1:35 PM To: Planning-WWW <planning@bangormaine.gov> Subject: Re: Thank you WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Didyou receive this? We didn't receive comment on our questions that we asked throughout this email. Bonnie and Larry Puls 11Olive Heights, Bangor, Maine 04401 Sent from the all new AOL app for iOS On Thursday, March 3, 2022, 12:14 PM, bonniepuls@aol.com <bonniepuls@aol.com> wrote: For delaying the 165 amendment. Larry and I attended the meeting March 1, 2022via zoom. Lots of concerns! And we share most of them. We appreciate your addressing the home on Thatcher St. A small history. We knew the former owner and also realized why she sold. When that was in the process the new owner was researched we realized the “business” that the home might be used for. City officials were contacted and nothing was done. We could find no information that informed us of the “ permitted community living for 8 or fewer persons with disabilities” that you just provided. We question if that is indeed its use. When theadjacent neighbor spoke with the home buyer and asked about a phone number in case of any emergency or concern, they were told by the buyer that they didn’t need any information and that if they wanted they could put 10 people in that home. Well,heatedwas the description of the conversation to say the least. How does the city check to see if the use described above is being followed? We have aPenquis, Charlotte White, themed home going in on Olive Street. That took much discussion to understand the process. We are not blind or deaf to the housing needs in our city, however, our rights as homeowners, wanting to keep neighborhoods single family units to protect our property values seem to be of no interest to those who can “spot code” areas. Cottage St. Has developed into an area not code sanctioned. So how did this happen? We think the enforcement of existing code regulations must be reviewed and followed. That might put some trust back into what the city isthinking for its future. Bonnie and Larry Puls 11Olive Heights Bangor, Maine 04401 Sent from all new AOL app for iOS From:Krieg, Anne M. To:"Roch Le Blanc" Cc:Planning-WWW Subject:RE: Zoning Changes Date:Wednesday, March 9, 2022 2:19:03 PM Hi there – stth The Planning Board continued the public hearing from March 1 to March 15. We have an economic development team that works with prospective developers in Bangor located here in the city’s Community and Economic Development Department. We also recently completed an economic development strategy which can be found here: https://www.bangormaine.gov/content/318/334/default.aspx We welcome anyone in the business community to partner together to seek new business in Bangor. I used to go to Vergennes a lot in the 90’s – it is a great town and I am sure it is different now than it was then. It enjoyed the spillover from Burlington and is just up the road from Middlebury. Across the way is one of my favorite towns in NY, Westport. It is a great area. I also know Rob Krier’s work – Architectural Composition was required reading when I was planning school. It’s funny that you mention his office in Berlin - some personal friends who spent 6 months in Berlin indicated parts of downtown Bangor remind them of neighborhoods in Berlin. As we work on the comprehensive plan, we are looking at a possible form based code approach to obtain that composition which Krier dedicated his research upon. Recently we had a friend of mine from the Ithaca NY Planning Department speak about form based codes; you can view this lecture here (scroll down the lecture bar th on the left side to February 16): https://berrydunn.mysocialpinpoint.com/bangor- comprehensive-plan/share/12ff3850 I would also encourage you to leave your impressions and ideas on this site on the vision board, the map and in the noted conversations. Thank you for writing and participating in this important process. Your comments will be sent to the Planning Board and the City Council for their consideration. amk Anne Krieg AICP Bangor Planning Officer From: Roch Le Blanc <rleblanc.ames.assoc@gmail.com> Sent: Wednesday, March 9, 2022 1:54 PM To: Planning-WWW <planning@bangormaine.gov> Subject: Zoning Changes WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Is there a meeting to continue the review of comments from the public, this Tuesday (March 15th)? And who is responsible for attracting developers to Bangor, in inviting them to fill our housing needs with mixed use development? I would like to know what steps have been taken and if there are calls I can make to help. As a side bar, I’ve often looked at the unique qualities this northern community has and what it doesn’t have, andwhat works. This “Northern Exporsure” charm needs some updating but I have yet to see applications to northern communities except one. Vergennes VT. We had a lakehouse in upper New York State and for many years we travelled thru this town that wason its last legs and then it changed. I don’t know how but we witnessed the changes as we often stopped to shop and grab a bite to eat, going from or going to. A set of rules must have been put in place, I think, like those Rob Krier did with Berlin. But it has paid off for all the residents. Even when you go back thru the layers from Main Street the effect is surprising, sensible and clean. Google it. Regards roc’22 Roch Le Blanc A I A N C A R B R E G I S T E R E D A R C H I T E C T F O R M A I N E A N D M I C H I G A N www.rlbarch.com roch@rlbarch.com 207-659-8876 MILES UNOBSKY THEEMAN 45 GROVE STREET BANGOR, MAINE 04401 Re: Comments Regarding Amendments to Chapter 165 Land Development Code regarding Boarding Homes and “B&BSs Chairman Huhn, Members of the Planning Board, City Staff I am writing as a follow-up to my March 1, 2022, public hearing comments on the above This zoning amendment represents city planning at its very worst. The City has a comprehensive plan and zoning to provide some structure to its various commercial, agricultural and residential spaces. Historically and quite correctly the Plan and the Planning Board does not address issues with a “one size fits all” approach. Rather it finds solutions that are appropriate to particular zones and serve the City’s residents. It does not solve one problem; while creating others. If you recommend approval for this amendment, boarding homes and B&Bs will be available throughout the city. Virtually every residential home on every Street, whether it is Grove St, Laurel Ct, Hempstead Avenue, Norway Rd, Thomas Hill Rd or Silver Rd to name a few, has the real possibility of having a boarding home or B&B next door. While the attempt to consider boarding homes and B&Bs separately has merit, these housing options are VERY DIFFERENT and presenting them in a single amendment reflects a terrible disservice to Bangor’ homeowners. The economic viability of a B&B demands that there a visually appealing exterior, well maintained interiors and superior customer/resident service. Conversely---and as you have heard from the testimony of numerous residents, read in countless media report and admitted by City staff that it cannot keep up with inspections, code violations and remediation----that is not the case with many boarding homes; particularly if the owner, is off-premises and cares little about how the property is viewed, maintained and managed In its February 14, 2002, notice regarding the amendment, the City noted that Boarding homes should be allowed in historic districts because “…these changes give more options to owners, which increases the chances they will be preserved appropriately and remain economically viable.” Common sense would indicate that is absolutely not the case. AND the City has presented absolutely zero data to support and defend this position. FURTHER, In response to an inquiry at the March 1, 2022 hearing about the effect on property values of the effected and adjacent premises, the Economic Development Director’s response was to the effect, “I don’t know anything about that, you would have to ask the City Assessor”. To me, this roughly translates to “we don’t know, and don’t care. It is your problem.” Consider for a moment, what it would be like to locate a boarding home next to your property. Consider the impact on your property value and its attractiveness to potential buyers. On Grove Street alone, two homes directly next to and diagonally across from my own sold for over $900,000 collectively. I can only wonder about what would have happened if a boarding home was next door. Please reject this amendment and send it back to the City to “get it right”- namely two distinct amendments-one for boarding homes and one for B&Bs- each written in a clear, unambiguously way that Bangor residents can clearly understand and that each of which doesn’t take ten minutes to explain. In closing,I want to sharesomething I was reminded of on numerous occasions during my tenure on the Planning Board—that we were appointed to serve the best interests of the citizens of Bangor; and HOW change is accomplished is every bit as important as WHY it is proposed Thank you Miles Theeman From:bonniepuls@aol.com To:Planning-WWW Subject:Reuse of condemned and abandoned buildings Date:Friday, March 11, 2022 12:55:42 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. We read with interest the story in the BDN this morning, March 11, 2022, about the proposed legislation that would help cities and towns with the Housing Crisis, giving those cities and towns more control over development of condemned and abandoned properties. We would like to see a hold on redefining chapter 165 on March 15., 2022, until this proposal has been researched by our planning board. We feel updating, making safe livable housing for one or two apartments on existing sites that have had homes is a better approach than allowing our historical buildings and possible neighborhoods turn into boarding house locations. Bonnie and Larry Puls 11 Olive Heights Bangor, Maine 04401 Sent from the all new AOL app for iOS From:David Green To:Planning-WWW Subject:Land Development Code change Date:Saturday, March 12, 2022 2:28:27 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Hi, this is David Green 73 Dunning Blvd Bangor Regarding the proposal to allow boarding houses and bed and breakfasts in URD-1 I have spoken to many of my neighbors and all are against the change. We live just off Union St and having boarding houses or B&Bs near us would reduce property values (there are studies on- line supporting that). I imagine that most of the thousands of property owners in the city would feel the same, if my neighbors are 100% against the code change. I recognize that affordable housing is a problem in Bangor but this isn't the answer, or even part of the answer. The code change may even make the problem of affordable housing worse if institutional investors take advantage of the code change and either boost up the rental costs or do not adequately maintain the buildings. Regards, David. -- Regards, David Green 207-669-2016 From:Thomas Hill Properties LLC To:Krieg, Anne M.; Bev Cole Neighbor <beverlywm@aol.com> Cc:Bickford, Melissa Subject:RE: Zoning in Bangor Question Date:Monday, March 14, 2022 4:36:08 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Anne, Thank you for the quick response. This answers my questions but also generates a couple more. The properties on Broadway in yellow concern me that boarding houses could be authorized there. While I am glad that the ones on congress street cannot be used for boarding homes I would presume they can be used as driveways or parking for those boarding homes. This generates more concern as it did in 2020 when the hospital and Penquis Cap met with the neighbors as they wanted to put low income housing here and have the driveways entering through to congress. I will not be able to attend the meeting tomorrow night but the concern I have is the parking and traffic congestion. We had a meeting a few years ago to address this traffic and proposed to have north park street designated as a 1 way. We also wanted to address all of the on street parking for the hospitals building on congress street during the week. We were told they would do a traffic study and make a determination. Nothing was ever done. Getting out to Broadway from congress is nearly impossible at times. Congress and North park street are pass through streets to get to and from Broadway to center streets and to little city side of town. Traffic today is a mess and adding more traffic to this already congested area is just a disaster waiting to happen. Traffic going to the hospital already drive across my lawn and parking is ridiculous as they sometime block in my neighbors. I know Bev has asked the hospital about this several times but has had not had any success. I am not sure the reason why nothing was done about the parking and traffic when we had a meeting a few years ago. I know one of the committee members was opposed to the requested changes as it cause them an inconvenience when they leave their day job at the hospital. I hope the decisions are made for the right reasons and careful thought is put into them and not what is convenient. We need to do what is right for the homeowners that have to live in these areas that are being changed. Thank you, Michael Hill Thomas Hill Properties, LLC Contact Michael (207) 412-0074 Thomas (207) 944-5501 From: Krieg, Anne M. <anne.krieg@bangormaine.gov> Sent: Monday, March 14, 2022 2:36:19 PM To: 'Thomas Hill Properties LLC' <THPropertiesllc@outlook.com>; Bev Cole Neighbor <beverlywm@aol.com> <beverlywm@aol.com> Cc: Bickford, Melissa <melissa.bickford@bangormaine.gov> Subject: RE: Zoning in Bangor Question Hi there – Attached please find a map of the area in question below. This area in the purple circle is bounded on the rights by Broadway, along the bottom is Congress Street and the hospital parking is on the left corner. The properties in blue are zoned Government and Institutional Services District. Attached are the currently allowed uses in this district. No changes are requested in this district as part of this proposal. The areas in the light yellow/tan area are URD-1. The current proposal would only allow the lots with frontage on Broadway to be developed into a boarding house. This allowance is by a conditional use permit by the Planning Board. The lots on Congress Street would not be able to develop a boarding house. Do not hesitate to ask further questions. These will be sent to the Planning Board and the City Council for their review. Thank you for sending along this question! amk Anne Krieg AICP Bangor Planning Officer From: Thomas Hill Properties LLC <THPropertiesllc@outlook.com> Sent: Monday, March 14, 2022 1:41 PM To: Krieg, Anne M. <anne.krieg@bangormaine.gov>; Bev Cole Neighbor <beverlywm@aol.com> <beverlywm@aol.com>; Thomas Hill Properties LLC <thpropertiesllc@outlook.com> Subject: Zoning in Bangor Question WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Anne, Good afternoon. For clarification, the land where St Joseph's it tearing down the older homes on Broadway and Congress St, What would the zone changes that are proposed do for these parcels? I believe they are URD2. Would the changes allow boarding homes to be built on these locations? Manager THomas Hill Properties llc THPropertiesllc@outlook.com From:Krieg, Anne M. To:"beverlywm@aol.com"; Thomas Hill Properties LLC Cc:Bickford, Melissa Subject:RE: Zoning in Bangor Question Date:Monday, March 14, 2022 6:04:45 PM Thank you for these comments. I am not aware of the traffic one way proposal but I will find out more. Conditional uses require full traffic studies so curb cuts would be looked at for projects on Broadway. amk Anne Krieg AICP Bangor Planning Officer From: beverlywm@aol.com <beverlywm@aol.com> Sent: Monday, March 14, 2022 4:43 PM To: Thomas Hill Properties LLC <THPropertiesllc@outlook.com>; Krieg, Anne M. <anne.krieg@bangormaine.gov> Cc: Bickford, Melissa <melissa.bickford@bangormaine.gov> Subject: Re: Zoning in Bangor Question WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. I agree with you. And Congressand French Streets were never expected to be major arterial street but the more living quarters/ businesses permitted our this area, the traffic congestion gets worse. Thank u for your very clear explanation Michael. Bev Mansell Sent from the all new AOL app for iOS On Monday, March 14, 2022, 4:36 PM, Thomas Hill Properties LLC <THPropertiesllc@outlook.com> wrote: Anne, Thank you for the quick response. This answers my questions but also generates a couple more. The properties on Broadway in yellow concern me that boarding houses could be authorized there. While I am glad that the ones on congress street cannot be used for boarding homes I would presume theycan be used as driveways or parking for those boarding homes. This generates moreconcern as it did in2020 when the hospital and Penquis Cap met with the neighbors as they wanted to put low income housing here and have the driveways entering through to congress. I will not be able to attend the meeting tomorrow night but the concern I have is the parking and traffic congestion. We had a meeting a few years ago to address this traffic and proposed to have north park street designated as a 1 way. We also wanted to address all of the on street parking for the hospitals building on congress street during the week. We were told they would do a traffic study and make a determination. Nothing was ever done. Gettingout to Broadway from congress is nearly impossible at times. Congress and North park street are pass through streets to get to and from Broadway to center streets and to little city side of town. Traffic today is a mess and adding more traffic to this already congested area is just a disaster waiting to happen. Traffic going to the hospital already drive across my lawn and parkingis ridiculous as they sometime block in my neighbors. I know Bev has asked the hospital about this several times but has had not had any success. I am not sure the reason why nothing was done about the parking and traffic when we had a meeting a few years ago. I know one of the committee members was opposed to the requested changes as it cause theman inconveniencewhen they leave their day job at the hospital. I hope the decisions are made for the right reasons and careful thought is put into them and not what is convenient. We need to do what is right for the homeowners that have to live in these areas that are being changed. Thank you, Michael Hill Thomas Hill Properties, LLC Contact Michael (207) 412-0074 Thomas (207) 944-5501 From: Krieg, Anne M. <anne.krieg@bangormaine.gov> Sent: Monday, March 14, 2022 2:36:19 PM To: 'Thomas Hill Properties LLC' <THPropertiesllc@outlook.com>; Bev Cole Neighbor <beverlywm@aol.com> <beverlywm@aol.com> Cc: Bickford, Melissa <melissa.bickford@bangormaine.gov> Subject: RE: Zoning in Bangor Question Hi there – Attached please find a map of the area in question below. This area in the purple circle is bounded on the rights by Broadway, along the bottom is Congress Street and the hospital parking is on the left corner. The properties in blue are zoned Government and Institutional Services District. Attached are the currently allowed uses in this district. No changes are requested in this district as part of this proposal. The areas in the light yellow/tan area are URD-1. The current proposal would only allow the lots with frontage on Broadway to be developed into a boarding house. This allowance is by a conditional use permit by the Planning Board. The lots on Congress Street would not be able to develop a boarding house. Do not hesitate to ask further questions. These will be sent to the Planning Board and the City Council for their review. Thank you for sending along this question! amk Anne Krieg AICP Bangor Planning Officer From: Thomas Hill Properties LLC <THPropertiesllc@outlook.com> Sent: Monday, March 14, 2022 1:41 PM To: Krieg, Anne M. <anne.krieg@bangormaine.gov>; Bev Cole Neighbor <beverlywm@aol.com> <beverlywm@aol.com>; Thomas Hill Properties LLC <thpropertiesllc@outlook.com> Subject: Zoning in Bangor Question WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Anne, Good afternoon. For clarification, the land where St Joseph's it tearing down the older homes on Broadway and Congress St, What would the zone changes that are proposed do for these parcels? I believe they are URD2. Would the changes allow boarding homes to be built on these locations? Manager THomas Hill Properties llc THPropertiesllc@outlook.com Boof!N/!Lsjfh-!BJDQ! Qmboojoh!Pggjdfs! Djuz!pg!Cbohps! 84!Ibsmpx!Tusffu-! Cbohps-!NF!15512! Boof!N/!Lsjfh-!BJDQ From:Jon Everett To:Planning-WWW; Councilors Subject:Proposed changes to Chapter 165 of Land Development Code Date:Tuesday, March 15, 2022 12:45:45 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Jon Everett 540 Union Street The proposal to amend Chapter 165 of the Land Development Code introduced at the Board's March 1 meeting is ill-conceived, and poses a serious threat to the quality of life and the property values of Bangor homeowners. This proposal as it stands is completely untenable and must be rejected. The proposal has at least 4 serious problems. Problem 1, Two entirely different uses are treated as if they are the same. Apparently, the city land development code does not distinguish between "tourist homes" and boarding houses. The use of the term "tourist home" is quite dated, so it seems likely that this part of the code has not been revised in quite some time. In more modern parlance, a "tourist home" would be known as a "Bed and Breakfast". The problem is that Boarding Houses and Bed-and-Breakfast establishments are completely different uses with completely different risk profiles. Until these two categories are clearly distinguished in the City's land development code, any zoning change dealing with either of these uses poses an unacceptable risk to residential property values. As of 2022, Bed and Breakfasts and Boarding Houses are not remotely the same thing and should not be governed by the same zoning rules. While it may be acceptable for a homeowner to operate a Bed and Breakfast in a URD-1 or URD-2 zone subject to some limitations, it is NEVER acceptable to locate a Boarding House in either of these zones. For purposes of Bangor zoning, the defining features of a Bed and Breakfast should be: a) that the house is the primary residence of the owner b) that the owner is in residence at the house whenever tenants are present c) that the house is a single-family residence; multiplex dwellings should not be used for bed and breakfast establishments In addition to this, there should be limits on the number of rooms to be rented simultaneously and the duration of tenancy. There should be a requirement that the property have sufficient parking for the number of rooms to be rented. A permit from the City should also be required, which may be revoked or denied if the property has been the subject of nuisance complaints. These additional regulations may be outside the domain of the Planning Board, but they should be adopted by the City Council before any zoning changes relative to Bed and Breakfast establishments are considered. Motivations for the definitions: a, b) Sever any connection between the Bed and Breakfast and Boarding House concepts. Codify the idea that Bed and Breakfast clients are more akin to house guests than tenants of hotels or Boarding Houses. As the term is commonly understood, Bed and Breakfast clients behave as short-term house guests who happen to pay a fee for their stay. They share part of the living space in the owner-occupant's primary residence. This requirement is crucial. An owner-occupant will be very careful who he or she allows to stay in his or her own primary residence. He or she will naturally want to limit the disruption caused by tenants, because as the owner occupant, he or she will experience those disruptions first-hand. In contrast, absentee landlords tend not to care very much about quality of life degradation at their properties because they themselves do not experience it. This is fundamentally what distinguishes Bed and Breakfast houses from Boarding Houses. By ensuring that any negative effects caused by tenants are felt more immediately and more acutely by the homeowner him/herself than by the neighbors, disruptions will tend to be self-limiting, reducing the need for enforcement action. c) Limit the density of occupation. Multiplex dwellings are already at their maximum capacity. A Bed and Breakfast in a multiplex dwelling will feel too much like a hotel to its neighbors. Motivations for the additional regulations: a) Limit the magnitude of the business activity in a residential area. b) Ensure that the property can accommodate the number of additional cars. c) Ensure that the use can be curtailed on an individual property basis if that property becomes a nuisance. Otherwise, the use might be construed as an absolute right based on zoning criteria alone. Problem 2, Boarding Houses do not belong in URD-1 or URD-2 zones at all. Period. Full stop. No exceptions. The Planning Board and staff need to remember why we have URD-1 and URD-2 zones in the first place. Fundamentally, it is to protect the property values of the homes in these zones. Boarding Houses will devalue the single-family homes that surround them. A peppering of Boarding Houses in URD zones will eat away at the quality of neighborhoods, resulting in widespread blight. As blight progresses, the city will collect less tax revenue, and experience an increased demand for police services. Declining quality of life and property values are what lead affluent people to move to Hermon, Hampden, and Holden. The reason people choose those towns is because they act to preserve their residents' property values whereas Bangor does not make this a priority. This concern was one of the recurring themes during the public comment segment of the Board's March 1 meeting. The planning staff probably would want to assure me that the presence of Boarding Houses will not reduce my quality of life or the value of my property. Such assurances are hollow. It is easy to dismiss risks that one is not exposed to oneself. The Planning Officer does not even live in Bangor. Let's ask some real estate brokers what they think. Twisting the straightforward, commonly accepted meanings of terms like R-1 and R-2 zones is just as damaging as habitual spot-zoning. If you're going to allow anyone to do anything anywhere, why have zoning at all? Boarding Houses, regardless of their interior configurations, are essentially extended stay hotels, and they should not be allowed in any zone where hotels are not allowed. Problem 3, This proposal applies changes in an arbitrary way. This proposal does not change the acceptable uses of URD-1 and URD-2 zones city-wide, it makes changes to arbitrary parcels within those zones. The areas affected by the proposed change form a bizarre gerrymander, the boundaries of which are completely arbitrary. Why are properties in URD-1 and URD-2 zones that happen to be on arterial streets not worthy of URD-1 and URD-2 zoning protections? Why should this amendment not apply to Norway Road, or Montgomery Street, or Judson Heights? Would any member of the Board want a Boarding House located next to their house? Interestingly, the areas targeted by this action do not include any of the streets on which members of the Board or the Council live. The Planning Officer does not even live in Bangor. Neither the people who proposed this change, nor the ones who would approve it will have to live with the consequences. It is easy to play social engineering games when one does not have to live with the consequences oneself. It is easy to be generous with other people's assets. At the March 1 meeting, when the City staff were asked to explain how they arrived at the boundaries of this zoning change, all I heard was vague mumbling and hand-waving. If this is such a great idea, why does it not apply to the highest valued homes in the City? Am I to understand that only the wealthy are entitled to the protections of URD-1 zoning? Really? Also, why should it apply to a trailer park? Problem 4, The goals of this change are ill-defined and the action ill-justified. The proposal and accompanying documents fail to articulate specifically what purpose is served by the proposal. A proposal with potentially far-reaching long-term consequences is justified not by a carefully researched and well reasoned rationale, but by two pages akin to a collage of wishful thinking, magazine quotes, and trendy jargon. The need for affordable housing is real. If the City wishes to address the problem, the first step is a rigorous study to quantify the needs, examine the reasonable options available, and to explore the potential positive and negative consequences of each. Based on the quality of this proposal, it appears that a responsible study of such a complex problem is beyond the capability of the City Planning staff. SUMMARY: The proposal as submitted is untenable. It must be rejected outright. The connection between Boarding Houses and Bed and Breakfast houses in the land use code must be severed. Although properly regulated Bed and Breakfast houses are not fundamentally at odds with the concept of URD-1 and URD-2 zoning, the City Council has some regulatory groundwork to do before the Board can safely consider permitting Bed and Breakfasts in residential zones. Boarding Houses have no place in URD-1 or URD-2 zones. From:John Cahill To:Krieg, Anne M.; Bickford, Melissa; debbie.laurie@bangor.gov; courtney.odonnell@bangor.gov; clare.davitt@bangor.gov; richard.fournier@bangor.gov; susan.hawaes@bangor.gov; angela.okafor@bangor.gov; gretchen.schaefer@bangor.gov; jonathan.sprague@bangor.gov; dan.tremble@bangor.gov; dina.yacoubagha@bangor.gov Cc:John Cahill; Maria Cahill Subject:Vote No on Proceeding with a Plan to change Chapter 165 of the Land Development Code Date:Tuesday, March 15, 2022 3:05:47 PM Attachments:Notes for Planning Meeting Regarding Changing Chapter 165 of the Land Development Code.docx WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Hello! Please consider the notes I have attached in this email regarding the proposal to change the zoning for Chapter 165 of the Land Development Code. Thank you for taking time to consider these important points before moving forward with this proposal. Please vote no! Regards, John and Maria Cahill 263 Pine St Bangor From:Chad Peterson To:Planning-WWW Subject:March 15th Public Comment Date:Tuesday, March 15, 2022 3:11:42 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Greetings: I had planned to attend the public meeting Tuesday, March 15th, but was called out of town on an important matter. I strongly encourage sending the motion regarding " Amending Chapter 165, Land Development Code, by defining and regulating the uses known as Boarding House and Bed & Breakfast" to the city council with a recommendation not to pass AND suggest amendments to the language - starting the process over. That much time and energy has been devoted to this process is appreciated, but the proposal is deeply flawed and not in line with contemporary solutions, one of which is cooperative housing, which is an up and coming response to high housing prices in other parts of the country. Evidently, Bangor already allows five unrelated people to share a property. An owner renting a room or two or more rooms to share expenses or traditionally renting to a group of individuals is an acceptable usage with no need to be codified. True, Boarding Houses have made something of a comeback in response to housing affordability, but the successful ones that have made the news have a specific audience and are actively managed on-site. Imagine renting a hotel room in a hotel that has no janitorial services for the common areas, including a kitchen that is open to all guests. This is a reasonable scenario to imagine given human nature and what Bangor is proposing to allow. That follow up information regarding Current Code language for disruptive housing and property maintenance is aspirational. Obviously, enforcement is a challenge - as others have commented. To describe parts of the neighborhood just outside of the Whitney Historic District where I live as "tidy" or well maintained would be laughable. This in spite of the existing codes. Bangor can be forward thinking and respond to the affordability issues in a way that meets the up and coming generation(s) where they are. For the record, I have no opposition to the Bed and Breakfast language. That could be separated from the egregious Boarding House language and reintroduced quickly. Regards, Chad Peterson 243 Cedar St Bangor From:bonniepuls@aol.com To:Planning-WWW Subject:Pleased Date:Wednesday, March 16, 2022 10:41:04 AM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. We are pleased with the decision made last night at the meeting. We take umbrage at the gentleman’s remarks that “ just because you don’t like something, it’s not how this works”. When we as home owners and tax payers “don’t like something”, it’s on us to express our displeasure, offer alternatives, and speak up. We agree with making ALL rent policies the same in every area of our city. In our search for answers we discovered that 5 unrelated persons can live in a home. How do we know if they are paying rent for a room? There are semantics in the current verbage that can be misused by persons, we feel, that need correcting. Perhaps this falls under rent guidelines that have been asked to be reviewed. We have written many thoughts and questions. Do these go to all Planning Board members and City Council Members? Sent from the all new AOL app for iOS From:Laurie, Debbie To:Planning Subject:FW: Shared Housing Proposal Date:Wednesday, March 16, 2022 1:42:47 PM From: Laurie, Debbie <debbie.laurie@bangormaine.gov> Sent: Wednesday, March 16, 2022 1:43 PM To: 'Annamarie Pluhar' <annamarie@sharinghousing.org>; Councilors <councilors@bangormaine.gov> Subject: RE: Shared Housing Proposal Good Afternoon, Thank you so much for reaching out and sharing your passion and expertise. I will certainly pass along your email to our planning department. Debbie Laurie City Manager From: Annamarie Pluhar <annamarie@sharinghousing.org> Sent: Wednesday, March 16, 2022 12:49 PM To: Councilors <councilors@bangormaine.gov> Subject: Shared Housing Proposal WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Dear Councilors, I am very sorry that I missed the public comment period on shared housing. Only today picked up the information that the Planning Board voted not to recommend the proposal. As you can see by my signature that I’m ALL about encouraging shared housing and would dearly like to talk to someone about how citizens can be encouraged to live together and the fears of folks can be managed. Or talk to all of you. If you look at our site (I’m the founder of the nonprofit) you will see that there is course called “5 Key Benefits of Shared Housing” - cost, companionship, help around the house, sustainability and whole person health. This is a good thing for people to share! I haven’t been able to find on-line the actual proposal—I agree with people worried about transients and short-term housing - but I do think we need to find a way forward for government to make sharing more viable and not exclude the option for citizens. Sharing a home requires compatibility and people need to learn how! We have a plan for that. :) BTW: I’m a resident of Dummerston, VT (tiny town outside Brattleboro) and a Planning Commissioner for my town. Please feel free to reach out to me. Sharing Housing is a win/win solution when done right. Thank you for your time and attention. Annamarie Pluhar, President Sharing Housing, Inc. Information for individuals Author: Sharing Housing, A Guidebook for Finding and Keeping Good Housemates 802-387-0487 “I think it is a universal human need to have someone who wonders where you are when you don’t come home at night.” — Margaret Mead Comments I am opposed to allowing any more apartments to be built on the land St Joseph Hospital owns on Broadway/Congress St. Traffic on Vongress/French stree/ N Park Street is already affecting our neighborhood. More apartments=more traffic and obvious pattern is the same traffic pattern as St Joes Parking lit already created. See my Email already submitted to Planning Board. I am concerned about the parking requirements. It states in subsection 165-71 D: "Driveways in residential districts may be used .... and buildings containing 2 to 4 dwelling units without the need to meet requirements in 165-73 and 165-74 below," but those two subsections were not included so I have no idea what those requirements are but I'm concerned about lowering the requirements. ALSO, in subsection 165-72 C: "...and boarding houses: 1 space per 4 dwelling units or rooms," which I feel must be wrong and certainly shouldn't be permitted. There should be 1 parking space per dwelling unit or room! Otherwise these cars will end up parked on the streets, causing congestion, especially after snowstorms, blocking views from cars coming out of driveways, etc. Will the boarding houses have to apply for a license from the City of Bangor? Will there be a fee for this license? How much will that be? If there is a fee, can you freeze that amount for 5-10 years? Will inspections be necessary? How often? We have invested almost $200,000 in improvements to our home. What guarantee is provided by the City of Bangor Planning Division that our property value, and general quality of life will not be negatively affected by this proposed zoning change. Based on the information that I have received, I am opposed to the proposed changes to Chaper 165 of the Land Development Code regarding Boarding Houses and Bed and Breakfast establishments. I believe a better way to bring affordable housing to our neighborhoods would be to bring each property under consideration for such zoning changes before the abutting neighbors for input regarding what is being planned for an individual property. I plan to attend the Zoom Meeting for more information on this issue. Im concerned that the Boarding Houses are not required to have on-site owner/supervisor and this could lead to bad renter behaviors. A BETTER Idea would be to require an in-house supervisor. ALSO, why other URD-1 areas on the East Side are not ALSO included?? My PRIMARILY and Personal Concern is about PARKING! The Proposal states: "165-71 Residential districts. D. Driveways in residential districts may be used to meet parking requirements for boarding houses, and buildings containing 2 to 4 dwelling units WITHOUT THE NEED TO MEET REQUIREMENTS IN 165-73 AND 165-74" Given that in URD-1 Zones, there is NO CURRENT REQUIREMENT that residents must even USE DRIVEWAYS to park in.... only that a Set Back of 5 feet on the side-line and 10 feet on the rear-line. AND NO CLARIFICATION IF CARS MUST BE PARALLEL TO THE SIDE- LINE OR CAN BE PERPENDICULAR. \[I am currently dealing in an apartment in a URD-1 Zone where the landlord changed all tenant parking from the Driveway, to THEIR BACKYARD --PERPENDICULAR 5 FEET FROM FACING INTO MY BACKYARD! The Code Enforcer has told me Codes don't clarify parking must be Parallel to the Side Yard. I have 4 cars and headlights 7 feet from my picnic table with 8 headlights shining in my house 20 feet away. THIS IS NOT OKAY! With this new Proposal.... there will be no clarification as to 1.) where, 2.)parallel or perpendicular, 3.) how many cars, 4.) nor need for a buffer yard! This will be destructive and invasive for neighbors and quality of home life! A Boarding House could have many cars facing directly into their residential neighbor's yard ONLY 5 FEET AWAY! --This #173-B. NEEDS to be Clarified that parking along Side Yards should e PARRALLEL for existing Codes in areas unaffected by this New Proposal. --This Requirement exemption should be REMOVED from the New Proposal. I feel that this change will support more dynamic and diverse housing opportunities in these districts. As a resident of URD-2, it is important to me that density and diversity are a priority, encouraging more locally-owned and managed properties that fit our City's needs. I have heard many opinions opposing this change which are based on a poor understanding of our housing needs and which sit too comfortably with NIMBY-ism and exclusionary policies. Name Beverly Mansell 424 French ST Debra Garcia - 29 Bates St Peggy Sheriff 818 Essex St Richard Garfield 134 Kenduskeag Ave Pamela Logan 296 Maple St Carol Cutting 14 Eaton Pl William Harper 132 Cedar St From:Laurie, Debbie To:Krieg, Anne M.; Collette, Anja Cc:Emery, Tanya Subject:FW: BOARDING HOMES Date:Saturday, March 5, 2022 10:55:47 AM FYI From: Laurie, Debbie <debbie.laurie@bangormaine.gov> Sent: Saturday, March 5, 2022 10:55 AM To: 'Lisa Feldman' <feldpersonl63@gmail.com>; Councilors <councilors@bangormaine.gov> Subject: RE: BOARDING HOMES Good Morning, Thank you for sharing your thoughts on this topic. I will pass your email along to the staff in Planning as the public hearing process continues. Again appreciate you sharing your experiences, that is helpful information to have. Debbie Laurie City Manager From: Lisa Feldman <feldpersonl63@gmail.com> Sent: Friday, March 4, 2022 9:57 AM To: Councilors <councilors@bangormaine.gov> Subject: BOARDING HOMES WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Dear Friends on the Bangor City Council, I read with interest coverage in the Bangor Daily News of a recent proposal to make boarding homes a more accessible option in Bangor and citizen reaction. I believe boarding homes-- aswell as Single Room Occupancy (SRO) units-- are a viable and underutilized means of addressing Bangor's affordable housing crisis. I agree with residents that this kind of housing must be at least minimally staffed. This is something I know about. For nearly 12 years I staffed a small SRO in Amherst, Massachusetts: 3 floors with 4 rooms (each with kitchenette) and a shared bathroom on each floor and a conventional apartment (for 2 or 3) in the basement. I originally came there as a tenant. The building was old but in good repair, but conditions were chaotic. The landlord, who was in his 20s, had inherited the building from a relative. He had a business degree but no clue about rental property management. I had worked as a paralegal, and had worked on many landlord-tenant issues. One morning, I woke up and found a very large man I'd never seen before passed out cold across my threshold. I stepped over him, walked to the police station, and asked them to get my landlord on the phone. "You'd make more money in the long run if youmanagedthat building better," I told him, "because you'd have fewer damages and less tenant turnover." "Fine," he said. "You do it." So I did. Over the years, my fellow tenants ranged from grad students to people being released from the state mental hospital. Tenants were Black, white, Hispanic indigenous, Jews, Christians-- youname it. There were elderly and disabled people, people rendered homeless by divorce or domestic violence, people starting their ownbusinesses, people in the restaurant business who worked irregular hours and had fluctuating incomes, straight people, gay people, transgender people, people who drank, people who lost their jobs and didn't always find new ones right away.By and large, we all got along fine. I cleaned the halls and bathrooms once a week, and residents kept them clean between times. We had no major tenant-on-tenant disputes, and very few noisecomplaints. When residents had problems, we talked them over and worked out solution strategies. I helped tenants having problems connect with everything from workplace Employee Assistance Programs to the local survival Center or the Salvation Army's emergency rental assistance program. When they got into more than a month's arrears and didn't see a way to get back on track, we worked out voluntary exit strategies. In 12 years, I had to call the police on a tenant once (a domestic violence issue). I had to resort to a formal eviction process once-- this for a man who turned out to have a long history of moving from college town to college town, using fabricated references, paying his first month's rent and security deposit, and then refusing to pay more. I would amend your boarding home proposal to require that they be owner-occupied or staffed. Staff could receive a rent reduction rather than be paid a salary. Some kind of registration and inspection (annual and upon complaint) should be required. Owners/managers should be trained atleast once a year-- in the basics of landlord/tenant law, in how City government and services work, in the map of various community agencies. Perhaps in cooperation with Penquis or some other non-profit, the City government could organize a support group for managers of congregate housing, so they could meet every month or two, get to know one another, and talk over common problems and workable solutions. Lisa Feldman Orono ME From:Krieg, Anne M. To:Bickford, Melissa Subject:FW: Comments regarding the Boarding Home/B&B Amendment Date:Thursday, March 10, 2022 10:36:43 AM Attachments:City Council Testimony-----031522 .docx Please place this email and attachment with the public comments – thank you! Anne Krieg AICP Bangor Planning Officer From: Miles Theeman <mutheeman@gmail.com> Sent: Thursday, March 10, 2022 10:35 AM To: Krieg, Anne M. <anne.krieg@bangormaine.gov> Subject: Re: Comments regarding the Boarding Home/B&B Amendment WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. HiAnne Thank you for the clarification. However, if you are referring to my comments in the second paragraph, ie.." virtually every residential.... I'll stand by what I said Take good care....Miles On Thu, Mar 10, 2022, 9:33 AM Krieg, Anne M.<anne.krieg@bangormaine.gov> wrote: Thank you for these comments. They will be sent to both the Planning Board and the City Council for their consideration. Please note that it is not accurate to state that the proposed code allows boarding houses and bed & breakfasts in every residential home on every street. You may want to look at the materials provided here (www.bangormaine.gov/zoning ) For example, in URD-1, boarding houses are only allowed in the historic district or on an arterial like Ohio Street. In the Low Density District, boarding houses are only allowed on an arterial like Griffin Road. If you would like to adjust your comments noting these facts, let me know. The packet for next week’s meeting doesn’t go out until noon. Thank you again for taking the time to prepare comments. Anne Krieg AICP Bangor Planning Officer From: Miles Theeman <mutheeman@gmail.com> Sent: Thursday, March 10, 2022 9:16 AM To: Krieg, Anne M. <anne.krieg@bangormaine.gov> Subject: Comments regarding the Boarding Home/B&B Amendment WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Good morning Anne: Enclosed is a copy of the comments I will offer at the Planning Board meeting on March 15th.. Please share with the Planning Board. Thank you again for speaking with me.. Please confirm receipt of this note. Take good care... Miles From:Collette, Anja To:"larry puls"; Planning-WWW Subject:RE: Inquiry from website Date:Monday, February 28, 2022 8:27:20 AM Hi Larry, no, VRBO's are short term rentals and are not the same as boarding houses as we're proposing. A boarding house would be a home where individual rooms are rented out for more than 30 days and the tenants share a kitchen and other spaces. A short term rental is any rental less than 30 days and they are not currently allowed anywhere in the City. We are working on language for short term rentals and that will likely come out in the next month or so. As far as your neighborhood on Thatcher Street, it wouldn't really be impacted by the proposed changes since it's not in a historic district and it's not a major or minor arterial street. Those are the only areas in URD-1 that are being impacted by the proposed changes. Let us know if you have any additional questions or comments. Thank you, Anja Collette Planning Analyst Community & Economic Development Planning Division 73 Harlow Street Bangor, ME 04401 anja.collette@bangormaine.gov Phone: 207.992.4234 -----Original Message----- From: larry puls <larrypuls@icloud.com> Sent: Sunday, February 27, 2022 2:11 PM To: Planning-WWW <planning@bangormaine.gov> Subject: Inquiry from website ________________________________ WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. ________________________________ A question before the March 1st meeting regarding amending Chapter 165 Is the term "boarding House" also referring to VBRO's? We have a home on Thatcher Street that is being used as a "Boarding House" or VRBO, depending who one speaks to. I see its zoned URD-1 and that use is not permitted, under current guidelines. Council members were informed of the proposed use of that property, yet it still became a "Boarding House" or VRBO. Why? IF, this change takes place, what guidelines will that home on Thatcher St be under? Bonnie and I will attend the meeting by ZOOM. We are not in favor of this proposed change. We would like to see and know that current guidelines will be enforced. We are also URD-1 Larry Puls Sent from my iPad From:Krieg, Anne M. To:"Ruth Nadelhaft" Cc:Bickford, Melissa Subject:RE: proposed zoning change re:access to housing Date:Monday, March 7, 2022 8:57:46 AM Hi there – Thank you for taking this time to review the documents. This is very helpful to our work! Parking is listed in many housing documents as a barrier to providing affordable housing. Often people do not have their own transportation so the need for cars is lower than in market rate housing; however your comment of not having bus routes in your area is notable. The people who participated in the Affordable Housing Work Group are listed in the recommendation document on the noted website; they are cut and pasted below: The City of Bangor is grateful for these community members that gave their time and expertise to learn, share and participate in the development of the recommendations and implementation plans in this report. BANGOR HOUSING WORK GROUP MEMBERS: This group met 7 times from September through December 2018 to hear from panel presenters, understand and identify issues impacting housing in the community and develop this set of recommendations. Danielle Ahern Bangor Savings Bank Chris McLaughlin, LCSW Northern Light Acadia Hospital David Bushey Bangor Police Department David Milan Town of Orono Erica Caron Bangor Innovative Neighborhoods EMMC 14 Troy Morton Penobscot County Sheriff's Office David Casavant Husson University Shirar Patterson United Way of Eastern Maine Mark Woodward Neighborhood Representative Joanna Russell Northeastern Workforce Development Mia Dubois St Joseph's Healthcare Ben Sprague City of Bangor - City Council Chair Suzanne Farley Wellspring Kate Sterns Luce Acadia Hospital Sean Gambrel City of Bangor Laura Supica City of Bangor - City Councilor John Karnes R&K Construction Erica Veazey Pine Tree Legal Association Jeff LaBree City of Bangor Brian Williams ERA Dawson Bradford Francis Leen Local Landlord Roberta Winchell Winchell Law and Associates BANGOR HOUSING PLANNING COMMITTEE MEMBERS: This group met from May through August 2018 to plan the Housing Work Group process and presentation series. Jason Bird Penquis Ann Giggey Hope House|PCHC Tyler Collins City of Bangor Jennifer Giosia Penquis Jamie Comstock City of Bangor Dale Hamilton Community Health and Counseling Services Cathy Conlow City of Bangor Patty Hamilton City of Bangor Josh D'Alessio Hope House|Penobscot Community Health Care Kara Hay Penquis Tanya Emery City of Bangor Christopher Linder Penquis - MaineStream Finance Rindy Fogler City of Bangor Mike Myatt Bangor Housing Authority Mel Fongemie (Bickford) City of Bangor Jeff Wallace City of Bangor Ed French Catholic Charities of Maine Your comments will be sent to the Planning Board and the City Council for their review and consideration. amk Anne Krieg AICP Bangor Planning Officer From: Ruth Nadelhaft <rnadelhaft@gmail.com> Sent: Sunday, March 6, 2022 10:22 AM To: Krieg, Anne M. <anne.krieg@bangormaine.gov> Subject: Re: proposed zoning change re:access to housing WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Thanks for your reply and the additional material. It's my impression that the various planning groups did a good job of seeing and describing the needs. I can't tell how diverse the membership was of the various groups, but I suspect that people like me and my immediate neighbors were not well represented. While the needs of many in the Bangor catchment area were apparent, the effects of the proposed changes to accommodate those needs were a lot less satisfactory, in my judgment. I found one specific mention of the ratio of parking space to rooms, and it was one space per four rooms. In my part of Kenduskeag Avenue off-street parking is already so tight that people have converted front lawns into parking spaces, covered grass with asphalt to provide parking spaces. As I noted, this is an area of inadequate public transportation. Your proposals would not help--and would actually worsen-- an already bad situation regarding transportation, traffic, speeding, and crowding. I would be glad to know more about the participants in the various working groups. You refer to the single aged populations, several of whom are my immediate neighbors. We have lived here long enough to see the rise and fall and rise of the area. The implications of the proposed changes as far as our neighborhood is concerned are daunting. Nothing in the proposed implementation invites my support. If developers, as you say, are concentrating on 'expensive' housing outside the desired area, it seems that negotiation is in order so that at least two kinds of housing result (in NYC it's the 80/20 formula, as you probably know). There's lots of work to be done on many fronts. I am not convinced by your arguments that this neighborhood targeting approach is fair, useful, or desirable. Thank you again for providing the background material. I am not usually free to attend meetings since I'm the elderly wife or an elderly person with Parkinson's and I don't like to leave him in the house for substantial periods of time. But I'm certainly willing to engage with these issues and I appreciate your sense of urgency since inadequate affordable housing in Bangor has been on the docket almost as long as we;ve lived here, and Covid hasn't helped. Regards, Ruth Nadelhaft On Thu, Mar 3, 2022 at 2:31 PM Krieg, Anne M. <anne.krieg@bangormaine.gov> wrote: Thank you for your comments below. They will be sent to the Planning Board and the City Council for their review and consideration. I would encourage you to look at the documents providing background on this effort on the city’s website: www.bangormaine.gov/zoning Thank you again for taking the time to send us comments. amk Anne Krieg AICP Bangor Planning Officer From: Ruth Nadelhaft <rnadelhaft@gmail.com> Sent: Thursday, March 3, 2022 1:42 PM To: Planning-WWW <planning@bangormaine.gov> Subject: proposed zoning change re:access to housing WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Dear People, I had intended to attend the planning board meeting but family concerns kept me home. I apologize for submitting comments after the deadline. I was somewhat relieved to learn in the Bangor Daily News that the Planning Board intends to work further on the proposal. I have several objections which I don't think are driven by a NIMBY attitude. First of all, I think it is the responsibility of the City, in concert with private developers, to provide more and better housing that is affordable for Bangor workers and citizens. It is also, I believe, the City's responsibility to improve and increase housing and treatment, when necessary, for homeless people. As a taxpayer, I am prepared to make whatever contributions are deemed appropriate based on my property assessed value. As I understand it, the City also benefits from the Biden Administration's distribution of funds to help in the recovery from losses because of Covid 19. It seems appropriate to me to earmark a considerable part of those funds to address the needs for housing and care especially for those affected by the loss of jobs or increased medical issues as a result of the virus. I do not think the problems of inadequate housing should fall on the homeowners in particular districts of the City. This is a city-wide problem and should be addressed--and funded--by larger entities. If Bangor is a magnet, as I believe it is, funding should also come from the State. And, as I note, the Federal Government has awarded considerable funding to states and cities, including Maine and Bangor, some of which might well be used to deal with the problems you propose to solve with this inadequate and unfair zoning change. Within the proposed zoning change there are a number of questionable provisions, some of which were drawn to your attention according to the coverage in the BDN. The allocation of parking space per rooms strikes me as absurd. In a city with inadequate public transportation, in a state with totally inadequate public transportation, just about every working person needs to own a car of some sort. Your zoning proposal would not provide nearly enough off-street parking and would make parking problems worse than they already are. Traffic, already an unsolved problem on many streets including the one I live on, would only increase. In my attempts to get better patrolling of Kenduskeag Avenue speedway, I was told by a very cooperative spokesman for the police that they have woefully inadequate resources in both men and equipment to monitor speeding and impose fines. Your re-zoning, with its inadequate attention to the effects on the neighborhoods singled out, would only increase traffic and parking problems. I am making no judgments about the people involved. I noted the comments of one landlord who defended the character of her renters. My arguments are with the proposal itself and in particular with the assignment of responsibility to selected neighborhoods rather than to the community as a whole--which is where it belongs. I hope the proposal is scrapped and rethought in its entirety with adequate consultation involving property owners as well as those in need of more and more affordable housing options. Sincerely yours, Ruth Nadelhaft 128 Kenduskeag Avenue 207 945 5323 From:Krieg, Anne M. To:"bonniepuls@aol.com" Cc:Planning-WWW Subject:RE: Tonight’s meeting about Chapter 165 Date:Tuesday, March 1, 2022 4:07:39 PM Hi there – Please see answers below in blue. These will be sent to the Planning Board and the City Council for their review and consideration. amk Anne Krieg AICP Bangor Planning Officer From: bonniepuls@aol.com <bonniepuls@aol.com> Sent: Tuesday, March 1, 2022 12:37 PM To: Planning-WWW <planning@bangormaine.gov> Subject: Tonight’s meeting about Chapter 165 WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Larry and I have some questions. Who would oversee the parking situation if Boarding Houses are allowed? Off the street parking is a must due to plowing. So if three rooms are rented out, and all renters have cars, where do they park?\[Anne Krieg\] Parking would be reviewed at the permit stage. How may bathrooms will be required for how many rental rooms? \[Anne Krieg\] There are building codes that require number of bathrooms per person for this use. Will more than one person be in one room? \[Anne Krieg\] There are building codes thatcontrol how many square feet in a bedroom per person for a boarding house so it depends on the size of the bedroom Will locks be allowed on individual rooms, if yes, what is the firecode for that?\[Anne Krieg\] There isa life safety code inspection required for both boarding houses and b & B’s and this will be reviewed then We knowa person who has a Rental Voucher, the apartment is substandard and the land lord receives $850 a month and that isfor all the apartments in the building as well. Gee, no wonder the housing market is being driven by persons who just want the money. Out of area buyers, among others. We also feel neighborhoods should be advised when there is a boarding house in the area. Who are these folks that will be renting? Established neighborhoods have children, older folks and would not appreciate a person with a criminal record of any kind. Drugs are another concern. Housing is an issue in Bangor and in many other parts of the country. Can the planning board access studies done in other places that have gone this route that will give guidance as to crime rate increases and other matters that would effect an Historic or just a neighborhood.\[Anne Krieg\] I could not find any studies but the market for boarding houses for young people fresh out of college and older people looking to live in a community space that don’tneed services (like the Golden Girls kind of thing) is increasing in many cities in the country. Bonnie and Larry Puls Sent from the all new AOL app for iOS From:Bradley Miller To:Krieg, Anne M. Subject:Re: Ruling on Boarding Housing Date:Monday, March 21, 2022 2:41:06 PM WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Hello ma'am. Thank you for your very prompt and thorough response. You answered all of my questions. I would very much appreciate my original email being forwarded to Bangor city council. It is a solution to a very grave issue that has troubled the region long before C19 created a troubling housing crises. Boarding-style homes are just where some people are at. Motel efficiencies aren't necessarily safe or affordable and a one bedroom apartment is not within reach financially Take care, -B Miller On Monday, March 21, 2022, Krieg, Anne M. <anne.krieg@bangormaine.gov> wrote: Hi there – Thank you for taking the time to send Planning staff your comments. Zoning enactment begins at a planning stage. In the case of boarding houses, it began with the work of the Affordable Housing Work Group. Looking at shared housing options and diversified housing choices was part of the recommendations coming from this study in 2019. You can view this work here as well as the background work for the amendment: https://www.bangormaine.gov/zoning Then Planning Division staff prepared the draft to change the Land Development Code (zoning) to allow for boarding houses in other districts. Currently this use is only allowed in the Multifamily & Service District zone. From there the draft goes to the Business & Economic Development Committee for review and permission to move forward. Then the formal process is commenced with First reading by City Council, who sends the amendment to the Planning Board for the formal public hearing. This public hearing follows the requirements of the state statute that requires an ad in the newspaper, posting in city hall and mailing notices to affected properties. The hearing allows for any member of the public to speak on the proposed amendment. The Planning Board, after hearing from the public and holding their deliberations, makes a recommendation to City Council on the amendment as to whether it ought to pass or ought not to pass. In this case, the Planning Board passed a motion that the amendment ought not to pass. th The process continues to March 28 where the City Council will make a decision on the amendment to pass the changes, send it back to staff for more work or reject it. We can send your comments to City Council for their consideration. amk Anne Krieg AICP Bangor Planning Officer From: Bradley Miller <bradley.miller@maine.edu> Sent: Saturday, March 19, 2022 1:03 PM To: Planning-WWW <planning@bangormaine.gov> Subject: Ruling on Boarding Housing WARNING: This email originated outside of our organization. Messages claiming or appearing to be from someone within our organization may be fraudulent. DO NOT CLICK links or attachments unless you can verify the sender and know the content is safe. Did you hold a public hearing for people of the greater Bangor area to come speak on the issue? I don't how you deliberated the issue but I can say it is a very disappointing decision. Bangor desperately needs boarding style housing. You couldn't have considered how you could have made it work. You could have zoned for boarding properties. You could have created city ordinances to make it very unpleasant for trouble makers to retain renter's rights if they caused trouble. Bangor needs boarding housing. Retirees on terribly small budgets. College students who need to focus on studies rather than working to afford exorbitant rental costs. People transitioning from public assistance to being independent. Traveling professionals. The homeless who are determined to make it out of their desperate situations and working through vocational rehab. You've made the wrong decision and it seems like a particularly hasty dismissal of the topic. -B. Miller, resident of the greater Bangor region. -- Regards, ~B. Miller -- Regards, ~B. Miller MRS Title 30-A, §4352. ZONING ORDINANCES §4352. Zoning ordinances A municipal zoning ordinance may provide for any form of zoning consistent with this chapter, subject to the following provisions. \[PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).\] 1. Public participation required. The public shall be given an adequate opportunity to be heard in the preparation of a zoning ordinance. \[PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).\] 2. Relation to comprehensive plan. A zoning ordinance must be pursuant to and consistent with a comprehensive plan adopted by the municipal legislative body, except that adoption of an adult entertainment establishment ordinance does not necessitate adoption of a comprehensive plan by a municipality that has no such comprehensive plan. As used in this section, "adult entertainment establishment ordinance" means an ordinance that regulates the operation of adult amusement stores, adult video stores, adult bookstores, adult novelty stores, adult motion picture theaters, on-site video screening establishments, adult arcades, adult entertainment nightclubs or bars, adult spas, establishments featuring strippers or erotic dancers, escort agencies or other sexually oriented businesses. For purposes of this subsection, "zoning ordinance" does not include a cluster development ordinance or a design ordinance prescribing the color, shape, height, landscaping, amount of open space or other comparable physical characteristics of development. \[PL 2007, c. 247, §6 (AMD).\] 3. Zoning map required. A zoning map describing each zone established or modified must be adopted as part of the zoning ordinance or incorporated in the ordinance. Any conflict between the zoning map and a description by metes and bounds shall be resolved in favor of the description by metes and bounds. \[PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).\] 4. Exemptions. Real estate used or to be used by a public utility, as defined in Title 35A, section 102, subsection 13, by a person who is issued a certificate by the Public Utilities Commission under Title 35A, section 122 or by a renewable ocean energy project as defined in Title 12, section 1862, subsection 1, paragraph F1 is wholly or partially exempt from an ordinance only when on petition, notice and public hearing the Public Utilities Commission determines that the exemption is reasonably necessary for public welfare and convenience. The Public Utilities Commission shall adopt by rule procedures to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. \[PL 2009, c. 615, Pt. G, §1 (AMD).\] 5. Effect on local governments. County and municipal governments and districts are subject to any zoning ordinance. \[PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).\] 6. Effect on State. A zoning ordinance that is not consistent with a comprehensive plan that is consistent with the provisions of section 4326 is advisory with respect to the State. Except as provided in this section, a state agency shall comply with a zoning ordinance consistent with a comprehensive plan that is consistent with the provisions of section 4326 in seeking to develop any building, parking facility or other publicly owned structure. The Governor or the Governor's designee may, after public notice and opportunity for public comment, including written notice to the municipal officers, waive any use restrictions in those ordinances upon finding that: A. The proposed use is not allowed anywhere in the municipality; \[PL 1993, c. 721, Pt. A, §11 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).\] Generated | 1 §4352. Zoning ordinances 11.18.2021 MRS Title 30-A, §4352. ZONING ORDINANCES B. There are no reasonable alternative sites for or configurations of the project within the municipality that would achieve the necessary public purposes; \[PL 1993, c. 721, Pt. A, §11 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).\] C. There are no reasonable alternatives to the project, including sites in other municipalities, that would achieve the necessary public purposes; \[PL 1993, c. 721, Pt. A, §11 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).\] D. The project will result in public benefits beyond the limits of the municipality, including without limitation, access to public waters or publicly owned lands; and \[PL 1993, c. 721, Pt. A, §11 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).\] E. The project is necessary to protect the public health, welfare or environment. \[PL 1993, c. 721, Pt. A, §11 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).\] A decision to waive a restriction under this section may be appealed by the municipality or any aggrieved party to Superior Court. \[PL 2003, c. 688, Pt. C, §20 (AMD).\] 7. Petition for rezoning; bond. Any zoning ordinance may provide that if a person petitions for rezoning of an area for the purpose of development in accordance with an architect's plan the area may not be rezoned unless the petitioner posts a performance bond equal to at least 25% of the estimated cost of the development. The bond shall become payable to the municipality if the petitioner fails to begin construction in a substantial manner and in accordance with the plan within one year of the effective date of the rezoning. \[PL 1989, c. 104, Pt. A, §45 (NEW); PL 1989, c. 104, Pt. C, §10 (NEW).\] 8. Conditional and contract rezoning. A zoning ordinance may include provisions for conditional or contract zoning. All rezoning under this subsection must: A. Be consistent with the growth management program adopted under this chapter; \[PL 2001, c. 578, §21 (AMD).\] B. Establish rezoned areas that are consistent with the existing and permitted uses within the original zones; and \[PL 1991, c. 504, §1 (AMD).\] C. Only include conditions and restrictions that relate to the physical development or operation of the property. \[PL 1991, c. 504, §1 (AMD).\] The municipal reviewing authority shall conduct a public hearing before any property is rezoned under this subsection. Notice of this hearing must be posted in the municipal office at least 13 days before the public hearing. Notice must also be published at least 2 times in a newspaper having general circulation in the municipality. The date of the first publication must be at least 7 days before the hearing. Notice must also be sent to the owner or owners of the property to be rezoned and to the owners of all property abutting the property to be rezoned at the owners' last known addresses. Notice also must be sent to a public drinking water supplier if the area to be rezoned is within its source water protection area. This notice must contain a copy of the proposed conditions and restrictions with a map indicating the property to be rezoned. \[PL 2001, c. 578, §21 (AMD).\] 9. Notice; general requirements. Before adopting a new zoning ordinance or map or amending an existing zoning ordinance or map, including ordinances or amendments adopted under the laws governing growth management contained in chapter 187, subchapter II or the laws governing shoreland zoning contained in Title 38, chapter 3, subchapter I, article 2B, the municipal reviewing authority must post and publish notice of the public hearing required under subsection 1 in accordance with the following provisions. Generated 2 | §4352. Zoning ordinances 11.18.2021 MRS Title 30-A, §4352. ZONING ORDINANCES A. The notice must be posted in the municipal office at least 13 days before the public hearing. \[PL 1997, c. 36, §2 (AMD).\] B. The notice must be published at least 2 times in a newspaper that complies with Title 1, section 601 and that has a general circulation in the municipality. The date of the first publication must be at least 12 days before the hearing and the date of the 2nd publication must be at least 7 days before the hearing. That notice must be written in plain English, understandable by the average citizen. \[PL 1997, c. 36, §2 (AMD).\] C. \[PL 1993, c. 374, §3 (RP).\] D. \[PL 1993, c. 374, §3 (RP).\] E. Notice must be sent by regular mail to a public drinking water supplier if the area to be rezoned contains its source water protection area. \[PL 1999, c. 761, §8 (NEW).\] \[PL 1999, c. 761, §8 (AMD).\] 10. Additional notice; limited areas. Notice must be given in accordance with this subsection and subsection 9 when a municipality has proposed an amendment to an existing zoning ordinance or map that, within a geographically specific portion of the municipality, has the effect of either prohibiting all industrial, commercial or retail uses where any of these uses is permitted or permitting any industrial, commercial or retail uses where any of these uses is prohibited. A. The notice must contain a copy of a map indicating the portion of the municipality affected by the proposed amendment. \[PL 1993, c. 374, §4 (NEW).\] B. For each parcel within the municipality that is in or abutting the portion of the municipality affected by the proposed amendment, the notice must be mailed by first class mail at least 13 days before the public hearing to the last known address of the person to whom property tax on each parcel is assessed. Notice also must be sent to a public drinking water supplier if the area to be rezoned is within its source water protection area. The municipal officers shall prepare and file with the municipal clerk a written certificate indicating those persons to whom the notice was mailed and at what addresses, when it was mailed, by whom it was mailed and from what location it was mailed. This certificate constitutes prima facie evidence that notice was sent to those persons named in the certificate. Notice is not required under this paragraph for any type of zoning ordinance adopted under the laws governing growth management contained in chapter 187, subchapter II or the laws governing shoreland zoning contained in Title 38, chapter 3, subchapter I, article 2B. \[PL 1999, c. 761, §9 (AMD).\] Any action challenging the validity of an amendment to a zoning ordinance or map based on a municipality's failure to comply with paragraph B must be brought in Superior Court within 30 days after the adoption of the amended ordinance or map. The Superior Court may invalidate an amended ordinance or map if the appellant demonstrates that the appellant was entitled to receive a notice under paragraph B, that the municipality failed to send the notice as required, that the appellant had no knowledge of the proposed amendment to the ordinance or map and that the appellant was materially prejudiced by that lack of knowledge. Nothing in this subsection alters the right of a person to challenge the validity of any ordinance based on the failure of the municipality to provide notice as required in paragraph A and subsection 9. \[PL 1999, c. 761, §9 (AMD).\] SECTION HISTORY PL 1989, c. 104, §§A45,C10 (NEW). PL 1991, c. 504, §§1,2 (AMD). PL 1993, c. 374, §§3,4 (AMD). PL 1993, c. 721, §A11 (AMD). PL 1993, c. 721, §H1 (AFF). PL 1997, c. 36, §§1-3 (AMD). PL 1999, c. 761, §§7-9 (AMD). PL 2001, c. 578, §21 (AMD). PL 2003, c. 595, §§4,5 (AMD). PL 2003, c. 688, §§C19,20 (AMD). PL 2007, c. 247, §6 (AMD). PL 2007, c. 656, Pt. A, §2 (AMD). PL 2009, c. 615, Pt. G, §1 (AMD). Generated | 3 §4352. Zoning ordinances 11.18.2021 MRS Title 30-A, §4352. ZONING ORDINANCES The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the First Special Session of the 130th Maine Legislature and is current through October 31, 2021. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights. PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney. Generated 4 | §4352. Zoning ordinances 11.18.2021 IN CITY COUNCIL FEBRUARY 14, 2022 COrd 22-096 First Reading and Referral to Planning Board Meeting on March 1, 2022 CITY CLERK IN CITY COUNCIL MARCH 28, 2022 COrd 22-096 Roch LeBlanc, Anne Marie Quin, Kay Surpless and Bonnie Puls spoke against passage of the ordinance. Scott Pardy, Mike Tuller and Doug Dunbar spoke in favor of the ordinance. Motion made and seconded for Passage Vote: 0 – 6 Councilors Voting Yes: None Councilors Voting No: Davitt, Hawes, Schaefer, Tremble, Yacoubagha, Fournier Motion Failed CITY CLERK