HomeMy WebLinkAbout2022-04-19 Planning Board Minutes
PLANNING BOARD
TUESDAY, APRIL 19, 2022, 7:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR CITY HALL
MEETING MINUTES
Board Members Present: Ken Huhn, Chair
Reese Perkins, Vice Chair
Michael Bazinet (Zoom)
Ted Brush
Alison Coladarci (Zoom)
Don Meagher
Lisa Shaw (Zoom)
City Staff Present: Anne Krieg, Planning Officer
Anja Collette, Planning Analyst
John Theriault, City Engineer
Brittanie Thomas, Asst. City Solicitor
Chair Huhn called the meeting to order at 7:00 p.m.
1. Zone Change –64 West Street -Map-Lot 014-032 - Urban Residence 1 District
(URD-1) to Urban Residence 2 District (URD-2) - To amend the Land Development
Code by changing a parcel of land located at 64 West Street, Map-Lot 014-032, from
Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said
parcel of land contains 0.20 acres. Applicant/Owner: Lynna Tupica.
Applicant Lynna Tupica (Zoom), presented the following:
Lives at 64 West Street, was initially zoned as an in-law apartment. Makes sense to
make this change to have zoned as two family.
Nothing would need to be changed in regard to construction and/or reconfiguration
of property.
Member Shaw inquired about the other 2-family dwellings on this street- a lot of that is URD-
1. Are we talking about properties that are in the NSD zone or properties that are out of
compliance? Planning Officer Krieg indicated that the URD-1 properties are likely non-
conforming, likely came in prior to 1991 when the zoning was changed to URD-1.
73 HARLOW STREET, BANGOR, ME 04401
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City of Bangor Planning Division
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Planning Board Meeting Minutes – Tuesday, April 19, 2022
John Radley, speaking on behalf of the applicant, (who resides in New Hampshire) advised
that there were other multi-families in the areaand that thefootprint ofthehouse will not
change.
No proponents, no opponents.
Member Meagher moved to recommend amending the Land Development Code by
changing a parcel of land located at 64 West Street, Map-Lot 014-032, from Urban
Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said parcel of land
contains 0.20 acres. Applicant/Owner: Lynna Tupica. The motion was seconded by Member
Shaw.
Member Shaw wanted to be clear that the zone change would not change the footprint of
the house, but would change the allowable footprint of the house. The applicant stated that
the house footprint would remain the same, but the allowable footprint would change.
Vice-Chair Perkins sees this as spot zoning, changing a single property in the area. Aware
that there are other multi-family properties in the area, but they’re not zoned that way.
They’re non-conforming. The staff memo references the 2019 housing report which included
zone changes to help with the lack of housing in Bangor. Doesn’t feel the intent of this report
was to change single properties, especially properties such as this – going from a single in-
law apartment to a two-unit, which doesn’t add housing.
Member Coladarci echoed Vice-Chair Perkins’s sentiment; will vote against this and
anything else that is similar. If this neighborhood has non-conforming multi-family homes,
perhaps it should be switched to URD-2, but that’s the discussion we should have.
Chair Huhn states that he supports this to create more housing; the Comprehensive Plan is
in the future. We have people now that own property and want to change it to benefit
housing.
Members Meagher, Huhn, Bazinet, and Shaw voted to approve the zone change; Members
Coladarci, Brush and Perkins voted to deny.
Member Shaw added that she hears Coladarci & Perkins comments- spot zoning is very
particular; it’s not just that it benefits a single property owner, there’s more to it.
The surrounding usage is similar and where it’s located in the City is in a developing area
and this change is consistent is what is going on in this area. Doesn’t think that it’s a great
idea to just ask people to wait for something that will be coming down the road.
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If it was a radically variant use, you’d have a case for spot zoning. Doesn’t think that this
meets exact definition of spot zoning in her opinion.
2. Zone Change –1456 Union Street – Map-Lot R15-004-B – Rural Residence &
Agricultural (RR&A) District to Government & Institutional Service District
(G&ISD) – To amend the Land Development Code by changing a parcel of land
located at 1456 Union Street, Map-Lot R15-004-B, from Rural Residence &
Agricultural (RR&A) District to Government & Institutional Service District (G&ISD).
Said parcel of land contains 5 acres. Applicant/Owner; Grace Encountered c/o Larry
Dearborn.
Applicant/Owner Larry Dearborn presented the following:
Resides at 130 Thirteenth Street
This is a property that he’s rebuilt over the past 8-10 years. His Sister-in-law owned
it prior.
Zoom meeting conducted previous with staff to discuss an overview of proposed
project:
o Essentially, wants to serve the community, primarily men that have been
troubled and have come out of jail settings and other unfortunate events
o Wants to create a training center and housing to influence theirtime and their
learning, as well as provide detox
o Staff recommendation for this use was G&ISD; some of the properties in the
surrounding area are zoned the same; is on a bus route, close to town and
services
o Wants to be able to grow food and keep people busy and working
Member Brush expressed confusion about the description of the proposed use in the
application, seems “eclectic”, and requested more details for clarification. Mr. Dearborn
indicated that they have a couple of things they do, one is Clean Slate and the other is Karts
for Kids. Karts for Kids consists of wooden carts for kids, made by a gentleman in Hampden,
for unfortunate children. Wanted Mr. Dearborn to take this project over, thought it would be
a great way to train these men- they would be building these carts at the barn. Another part
is “Clean Slate” which is men’s rehabilitation. More coming down the road, but this is what
we’re going to start with. Doesn’t want to be boxed in on potential; talking about doing
housing, ministries, and other services.
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Member Brush asked if this would include a residency. Mr. Dearborn indicated it would, as
well as agriculture-having them plant food and work the gardens. Mr. Dearborn indicated
they’re looking for people who need a “hand up.”
Chair Huhn stated that they must consider what’s best for the zone; the property could be
sold to someone else and anything in that new definition could go at that property. Member
Brush asked Planning Officer Krieg if there were other zones that would accommodate the
“eclectic” usage. Krieg indicated G&ISD was written for public/private non-profit agencies
including churches, institutions that provide services for people. This would be a mixed-use
development if they were to move forward with what’s proposed. Transitional housing is a
conditional use in this district. Mr. Dearborn indicated that they are a non-profit.
Jeff Thoms, lives in Orrington- for the last 6 years, has been part of Jericho Road ministries
feeding the homeless on Monday nights. On Tuesday-Friday, goes around with donations
from 6 churches consisting of sandwiches, waters, etc. Feeds 45-50 homeless people per
night, about 200 meals total. Asked to come aboard for this project, get these people out of
this rut and on their own. It’s a hard group of people, can’t reach all, but some. Feels that
this is a project to help Bangor with services they can provide and help with the street
problem we have. Been talking to different people that work for Bangor; they’re telling him
they can’t do anything with the people, can’t arrest them, no place to put them. This is a
place that will help people. Bring different churches and people together. Thinks Bangor will
be proud of this project once it gets going. Member Brush inquired how this project would
help people. Mr. Thoms indicated training, housing if they’re willing to go through the
program, possibly tiny houses, services in the church community, ex: warehouse of items in
Millinocket; items for apartments. Can get people moved, get stuff for them, and get them
housed. That’s the thought process of what they want to do, but need to get it started.
Vice-Chair Perkins, keeps hearing “helping men, transitional housing.” Concerned with this
as it’s a conditional use. There’s no limit on the number. Krieg stated that this would be part
of the review of the conditional use – not part of tonight’s discussion. As the Chair indicated
earlier, there’s always caution about zoning changes and potential projects; there’s the
confusion about whether you’re approving or not approving the project. The Board is being
asked to make a recommendation as to whether to make zoning allow for this. This is an
example of what could go here, but the Board must look at all allowed and conditional uses
for this district. The government district is not the same as URD-1 and 2 where there are
large swaths for creating neighborhoods. Recommends Board look at government district
to see if uses are a good idea for this piece of property; the allowable uses in that district
are pretty broad. G&ISD was written for these types of uses.
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Vice-Chair Perkins states they’re especially asking for transitional housing, but the applicant
mentioned 4 people. Nice to knowthat if there’s going to be transitional housing,how many
people does that mean,and what does that involve.Butthat’sa conditional use; requesting
confirmation that they’re not voting on the conditional use tonight, just the zone change.
Krieg confirmed that yes, they’ll have to come in and prepare a site plan and conditional use
permit to move forward, possibly subdivision to return to the board for permitting. Perkins
states that answers his question. Perkins stated he would caution themsince there was
recently a lot of public pushback regarding boarding houses on main streets in Bangor –
wouldn’t feel sure that this project would happen.
Member Shaw asked Krieg to elaborate on G&ISD district, and if the existing districts were
designated to areas with sewer, or if they have septic. Krieg indicated that this wasn’t part
of the assignment that she could see, appears that the City has traditionally used the district
to place it where those types of properties existed at the time of the 2012 comprehensive
plan update. Wasn’t a discussion of where/where these shouldn’t these uses go, except the
area where the Hope House is. That was one of the few areas with a group of lots with the
G&ISD assignment.
Mike Weaver (Zoom), talked a lot with Mr. Dearborn; believes this will help the City by
reducing recidivism in County Jail, helping people learn new skills and get jobs. States that
Mr. Dearborn wants to start small and work up to a larger number.
Member Meagher added that he understands the map shows this district, G&ISD, on three
properties in the immediate proximity of this parcel. All of the possible uses in this district
are also possible on these three parcels. Everything in this district. If we come to the
conclusion that G&ISD can only be assigned if it already exists, we’re saying “it’s alright
there because it preexisted, but it’s not alright if we want it to be new.” Krieg stated that she
was explaining the history. Meagher indicated if that was the conclusion- that if you existed
at the time the zoning was done at the last comprehensive plan- it doesn’t make sense.
We’ve focused on the reason we have 3 G&ISD zones there; uses pre-existed the zoning,
so it was acknowledgingthat’s what is here and that’s what we’re going to call it. Realize
that’s how it came to be, but I’m not persuaded that it must pre-exist. Krieg stated that the
city has had some applications for this, since 1991, such as for new churches. It’s not
unheard of, but the history of it was that it was used to assign to uses that were already
there. Meagher inquired about “other instances” in which a new use was being proposed
for this district to be established,where they had an intent for one of the uses within the
districtand they were asking for the zone to change.
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Do you know if itwas rezoned to the district and not as a contract zone? Krieg stated that
there are acouple of G&ISD contract zones where it would be confinedto certain types of
developments.
Member Coladarciwonderedif the other board members saw any reason why this lot
couldn’t support G&ISD zone change, not up to speed with this, wondering about concerns
–what could possibly go there regardless of this particular business. Does anyone see this
as problematic for this area? Wants to hear what the thoughts are before the vote. Member
Shaw stated that she did have a thought on that; under permitted uses for the district,
nothing that gave concern other than item #9, chemical dependency treatment facility on the
major arterial street with curb cuts. Assuming that “has a curb cut” can also mean that it
doesn’t have to be pre-existing. Is there anything in the surrounding area that would conflict
with the existence of a chemical dependency treatment facility as defined? Krieg stated
there’s no separation requirement for that use, just an allowance; would be a site plan that
the Board would have to look at. Vice-Chair Perkins had two concerns. Thinks transitional
housing will be a hurdle, but that will be revisited. Might be problematic, especially with what
we’ve seen lately from the public. Also, the area is a very busy traffic area with fast traveling
vehicles; that also would be taken up later- would cautionto take care with entry and exit
from the site. No other issues withthe use of this, even if they don’t use it for what they’re
intending.
Member Shaw moved to amend the Land Development Code by changing a parcel of land
located at 1456 Union Street, Map-Lot R15-004-B, from Rural Residence & Agricultural
(RR&A) District to Government & Institutional Service District (G&ISD). Said parcel of land
contains 5 acres. Applicant/Owner; Grace Encountered c/o Larry Dearborn.The motion
was seconded by Member Meagher.
Member Shaw indicated that as long as any site plans return to the board, she is good with
this.
All members were in favor, none opposed.
3. Land Development Permit Application for Minor Subdivision Modification –
Pushaw Road – Map-Lot R30-007 –Rural Residence & Agricultural (RR&A)
District - Land Development Permit approval for Minor Subdivision Modification of
2.08 acres of land at property located on Pushaw Road, Map-Lot R30-007, in a Rural
Residence & Agricultural District. Applicant, Julia Turner.
Earl Black, agent for applicant Julia Turner presented the following:
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Back in 2018, Turner purchased the lot and before she closed on it, came to the City
to have it approved as a flag lot. A letter of approval was received so it could be sold.
Currently hasa house on the market, under contract, due to close. Found out from
Planning Officer Krieg that other things needed to happen to do that.
Purchased lot with the idea that one of her daughters might want to live there,
attached to the existing property with a big field, and it didn’t happen.
Turner was in this large house, has downsized, wants to have this lot taken out so
that it can be sold separately.
Krieg indicated that this was part of a huge swath of land owned by Eastern Etching,
which triggered the need for Site Location and subdivision. What looks like a 1-lot
subdivision still needs to return to Planning Board. DEP must be notified.
Member Brush moved to approve Land Development Permit for Minor Subdivision
Modification of 2.08 acres of land at the property located on Pushaw Road, Map-Lot R30-
007, in a Rural Residence & Agricultural District. Applicant, Julia Turner. The motion was
seconded by Member Meagher. No further discussion. All members in favor, none
opposed.
4. Land Development Permit Application for Site Development Plan –979 Essex
Street –Map-Lot R47-007-A – Low-DensityResidential (LDR) District - Land
Development Permit application for Site Development Plan for new connection drive
between Cedar Circle and Pine Circle, removal of a second entrance to Pine Circle
from Essex Street, installation of playground with covered patio area, 20’x22’, and
36’x50’ half-court basketball area at property located at 979 Essex Street, Map-Lot
R47-007-A, in the Low Density Residential (LDR) District. Applicant; Sun Holiday
Park, LLC, Agent; Artifex AE, c/o Shelly Lizotte.
Karen Patterson representing Sun Communities was present. No questions from the public
or board members.
Vice Chair Perkins moved to approve the Land Development Permit application for Site
Development Plan for new connection drive between Cedar Circle and Pine Circle, removal
of second entrance to Pine Circle from Essex Street, installation of playground with covered
patio area, 20’x22’, and 36’x50’ half-court basketball area at property located at 979 Essex
Street, Map-Lot R47-007-A, in the Low Density Residential (LDR) District. Applicant; Sun
Holiday Park, LLC, Agent; Artifex AE, c/o Shelly Lizotte. The motion was seconded by
Member Meagher. No further discussion. All members in favor, none opposed.
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5. Land Development Permit Application for Site Development Plan –1 Railroad
Street –Map-Lot 043-040-C –Waterfront Development District -Land
Development Permit approval for Site Development Plan for addition of 3,000 square
foot PSS building, 20’x30’ garage, 8’x40’ merchandise container, and 8’x40’ box
office container at property located at 1 Railroad Street, Map-Lot 043-040-C, in the
Waterfront Development District. Applicant; Waterfront Concerts, Property Owner;
City of Bangor, Agent; Ervin Architecture c/o Rob Ervin.
Rob Ervin with Ervin Architecture presented the following:
o Primary building is the PSS Structurebehind stage, 3,000 sq. ft. structure. PSS
stands for Premium Seat Services – similar to VIP seating. Riverside of stage. Also
being proposed are 3 additional structures which are support structures. One will be
permanent – a garage located to stage left, 600 sq. ft. The other two structures are
two shipping containers that will be used at least temporarily, likely over the next
couple years as the uses are transitioned into a permanent structure.
o Engineering drawings showed that we are planning on a contact retention filtration
system, below the 100-series, right before the stage. 100-series is a seating
designation.There’s 100-series, 200-series, 300-series, and the lawn. This is
another step on this long journey to get facility to a state-of-the-art level.
Vice Chair Perkins inquired about the photo and plans. Has heard negative comments about
building things thatblock view of the water from the public. This would be one of those
things. Mr. Ervin said you will not see the PSS building, you won’t even be aware of it; a lot
of steel is on its way, will be built out on the side of venue. You’re likely not going to see the
water as you’re driving by- he himself rarely rubbernecks the river when he’s driving down
Main Street. Will be a swath of 300 feet where you cannot see the river.
Member Shaw inquired about “PSS”. Wanted it to be clearer for the terms of the application.
Mr. Ervin expanded on the seating designations, such as the100-series, 200-series, and
300-series seating. Above that is the suite and box levels and the “Premium Seat Services”
which is also “loge” section behind the 100 series, and in front of the 200 series. Good seats
and ability to get braceleted and go behind stage, with access to food services, drinks, and
view of river. Value-added for season ticket holders.
Vern Leeman, lives on Pleasant Street in Bangor. Had two comments; has been going back
and forth through email, wanted to get answer nailed down. Leeman walks on Main Street
every morning, understands the trade-offs.
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Mr. Leeman thinks that the venue is a huge asset for the city. If something could be done
on the ugly wooden fence from behind stage to open that up, it would be wonderful. Main
concern is with stormwater management. Haswatched development of the venue, concrete
being poured and turning pervious surfaces into impervious surfaces. City owns property,
so the City won’t be charged the fee for that. Understanding that there’s no fee if there is
mitigation. Request is that for any development at the waterfront venue that all stormwater
be managed in the most ecological friendly way possible. Sounds like it’s going to waste
water treatment vs. into the ground; repealed this comment after City Engineer stated that
wasn’t the case. Leeman doesn’t want to take up time to understand it, but wants the
minimum impact to environment possible.
Member Shaw moved to approve the Land Development Permit for Site Development Plan
for addition of 3,000 square foot Premium Seat Services building, 20’x30’ garage, 8’x40’
merchandise container, and 8’x40’ box office container at property located at 1 Railroad
Street, Map-Lot 043-040-C, in the Waterfront Development District. Applicant; Waterfront
Concerts, Property Owner; City of Bangor, Agent; Ervin Architecture c/o Rob Ervin. The
motion was seconded by Member Brush. No further discussion. All members in favor, none
opposed.
OTHER BUSINESS
6. Comprehensive Plan Check-in
Inventory & Analysis Document – Member Meagher thought it was very comprehensive,his
opinion is that Comprehensive Plan should be paid attention to and followed as much as possible
by all city functions. By State Statute, primary purpose is to serve as the basis of the zoning
ordinance, must be consistent with Comprehensive Plan. Focus of effort is the basis of the next
zoning ordinance or development code. A lot of topics in inventory goes beyond what’s going to be
addressed. Planning Officer Krieg indicated that the purpose serves as a snapshot where the city
is at, where growth is designated, what’s happening in housing, to influence decisions. There is a
lot of interplay. Comprehensive Plan also used in a lot of grant programs and applications ask if
this is referenced in the Comprehensive Plan. Wanted to be sure all of the projects were contained
as we moved through the next portions of Comprehensive Plan. It is used in other aspects, but the
legal basis of the Comprehensive Plan is that it has to establish basic policies for zoning.
Member Meagher indicated that under transportation section, there was a brief mention of I-395
extension being underway.
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He is not sure if inventory will get into it, but not sure what the implications will be of that
transportation change which will end on Odlin Road/Hammond Street, what all that means for
Bangor –must be a pretty big deal. Thinks that it’s a topic that needs to be addressed in
Comprehensive Plan and development code. Krieg indicated that it improves distribution for the
region, will be a relief valve for I-95. Meagher states that he’s hoping that it will stimulate some
economic development in the clover-leaf area. Krieg indicated that it also provides ease of access
to I-95 South. Krieg stated that this should be expandedon in Inventory & Analysis to understand
its significance. City Engineer Theriault indicated that this would alleviate traffic on Route 1 and 9
in Brewer, which will help and ease the transportation route, and facilitate more traffic in that
manner.
Member Shaw, page 12-13 of Inventory & Analysis- calls out ratio of family vs. non-family
households and how non-family is higher than Penobscot County or the State in general.
Wondering if this is indicative of any particular trend or a reflection of the lack of housing stock.
Krieg stated that when she was doing boarding home research, she noticed that there is a national
trend for non-blood relative rentals and purchases. There’s not a lot of single bedroom or studio
apartments available so people will seek out roommates because there’s not enough of that type
of housing and also because of cost. Planners have been concerned with the Census as the
questions are dated; it’s a 10-year cycle. There’s a lot of lobbying happening regarding the
questions. Member Shaw’s final thought, if we’re noting growth around Bangor and usage of the
City, if there’s some good way to measure this – seems like it makes a good case in reformulating
municipal cost sharing for revenue centers. Krieg said that thought should be kept for the policies
& strategies discussion; the City could pursue in Augusta. These are the strategies that come from
analysis or looking at existing data to see about doing things differently.
Vice Chair Perkins referenced page 37, Land Use, specifically farms and open spaces. Talks about
best use being something other than farms and open spaces. Not sure that that was their intent, to
say there’s better uses than farms and open spaces, it’s just for the tax code. Second paragraph
says “highest and best use”, being something other than farms and open space. Might have just
been a poor choice of words.
th
– 9 am to
Planning Analyst Collette provided the dates of in-person visioning sessions, April 26
11 am at the Boys and Girls Club, 5 pm to 7pm at Husson University, and on Wednesday, April
th
27 in Council Chambers from noon to 2pm.
Vice Chair Perkins wanted to discuss URD-1 and URD-2 properties. Spot zoning has been brought
up, wants to take some time separate from an agenda item to discuss this issue. Strongly
concerned that we’re not going to get this settled in this Comprehensive Plan as it’s a difficult
problem. A good solution has not been proposed.
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Member Perkins wants to spend a few more minutes to discuss this further. Has studied this and
has a view on this, not that it’s right, but has a view. Wants to have this included on a future agenda
when we’re not so busy.
Krieg indicated that she feels comfortable discussing this and will get out a paper to them for a
future meeting. Pending legislation in Augusta for affordable housing and how that will affect the
City’s district map and allowance. Once prepared, that will be provided as well. There was a brief
discussion regarding the potential legislation with URD-1 zoning and requirements which may be
imposed.
7. Meeting Minutes – April 5, 2022 – no additions and/or corrections – Member Shaw
moved to approve, seconded by Member Meagher. Member Shaw gave a shout out
to Mel for the great work. All members in favor, none opposed.
Member Brush mentioned email in the packet from Bonnie and Larry Puls and the request
toput in the minutes. Krieg indicated that the email goes in the record with the items that
are sent to the Planning Board, so it becomes part of the record.
Vice Chair Perkins states that he doesn’t agree with most of the opinions of the Puls, but
this seems to be a letter thanking us for the work which has been done recently so it’s worth
a read.
8. Adjournment - 8:31 P.M.
Respectfully submitted,
Melissa L.Bickford
Development Assistant
Planning Department
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