HomeMy WebLinkAbout2022-06-07 Planning Board Minutes
PLANNING BOARD
TUESDAY, JUNE 7, 2022, 7:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR CITY HALL
ALSO; ATTENDANCE VIA ZOOM
MEETING MINUTES
Board Members Present: Ken Huhn, Chair
Reese Perkins, Vice Chair
Michael Bazinet (Zoom)
Ted Brush
Don Meagher (Zoom)
Lisa Shaw (Zoom)
City Staff Present: Anja Collette, Planning
Analyst
Anne Krieg, Planning Officer
John Theriault, City Engineer
Brittanie Thomas, Asst. City Solicitor
Chair Huhn called the meeting to order at 7:00 p.m.
LAND DEVELOPMENT PERMITS & MAP AMENDMENTS:
1. Land Development Permit Application – Site Development Plan – 1133 Union Street –
Map-Lot R24-001 – Hannaford Supermarkets – Land Development Permit approval for
Site Development Plan for the addition of 12’x32’ Clynk bottle redemption facility, as well as
7 Hannaford to Go parking spaces at the property located at 1133 Union Street, Map-Lot
R24-001, in the Shopping & Personal Service District (S&PS). Owner; B33 Bangor II, LLC,
Applicant; Hannaford Supermarkets, Agent; Haley Ward.
Justine Drake with Haley Ward presented the following:
12x32’ pre-fab building used for bottle redemption, 7 allocated to-go spaces, 2
crosswalks. The building will be located on west side of existing Hannaford and
crosswalks will be on eastern face of the building; to-go spaces will be just east of the
crosswalks.
Hannaford to-go spaces will be east of the new crosswalks
Speed table proposed to slow traffic from Griffin Road, striping incorporated to identify
travel lane
Unmanned facility, bottles dropped through windows, man door on one side of the
building for access by employees
73 HARLOW STREET, BANGOR, ME 04401
TELEPHONE: (207) 992-4280 FAX: (207) 945-4447
WWW.BANGORMAINE.GOV
City of Bangor Planning Division
Meeting Minutes of June 7, 2022
Discussion regarding U-turnsby customers; there are allocated parkingspaces
specifically for Clynk use; have provided an ADA accessiblespace and Clynk-only
spaces. Customers expected to park, drop of bags, and then leave their parking space.
Bollards between windows and travel lane
No public comments. No staff comments.
Vice Chair Perkins moved to approve the Land Development Permit for Site Development
Plan for the addition of 12’x32’ Clynk bottle redemption facility, as well as 7 Hannaford to
Go parking spaces at the property located at 1133 Union Street, Map-Lot R24-001, in the
Shopping & Personal Service District (S&PS). Owner; B33 Bangor II, LLC, Applicant;
Hannaford Supermarkets, Agent; Haley Ward. The motion was seconded by Member Brush.
Roll call vote not taken, all members raised their hands in favor.
2. Zone Change – 85 Walter Street – Map-Lot 035-005 - Urban Residence District 1 (URD-
1) to Urban Residence District 2 (URD-2) - To amend the Land Development Code by
changing a parcel of land located at 85 Walter Street, Map-Lot 035-005, from Urban
Residence District 1 (URD-1) to Urban Residence District 2 (URD-2). Said parcel of land
contains 0.26 acres. Applicant/Owner: Zachary Gilpin.
Applicant/Owner Zachary Gilpin presented the following:
Recently purchased property; it’s currently zoned URD-1
The house itself was built or changed at some point into a duplex; has been operating
that way for some time now.
A lot of surrounding parcels are zoned URD-2, so requesting to rezone this parcel to
URD-2
Vice Chair Perkins inquired about the email from Mr. Gleason, who is against the project.
On Walter Street, there are three URD-2’s and rest are URD-1. Vice Chair Perkins
expressed that he felt that this was spot zoning, understands the use history with this
parcel. Vice Chair Perkins indicated that he is generally against this proposal.
Member Shaw inquired if it was already set up as a duplex and Mr. Gilpin indicated that
yes, it was built as a duplex. This is a non-conforming property, which is not currently
occupied. Louie Morrison, real estate agent for applicant, advised that it’s been an illegal
duplex, trying to make it legal. States that they spoke with Code when they looked at this
building and are trying to do things the right way.
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City of Bangor Planning Division
Meeting Minutes of June 7, 2022
Member Shaw asked about non-conforming properties and asked for guidance on this
from staff. Planning Officer Krieg provided that the City is in the process of the
Comprehensive Plan; there’s state legislation; a lot of changeshappening allat once. It
does pose a challenge, but thinks that there are a couple of things that do help, like the
Affordable Housing Workgroup from 2019, which was accepted and had a lot of public
comment. If you feel this change adheres to that, it might give you some comfort level.As
far as the non-conforming status, if it is a non-conformity, it can remain a 2-family, but
being a non-conformity does hold back the ability to makebig improvements to properties.
A garage or addition would count as an extension of a non-conformity, so in Planning, we
try to reduce non-conformitiesbecause it holds back people from making improvements to
properties and can lead to blight. You can’t tie this to any recommendations that you
make, but if they’re making improvements to the property by making this zone change,
that is a positive. But you can only look at potential build out of the property as URD-2.
Mr. Gilpin stated that his understanding is that there would be other significant barriers if
he looked to do 4 units. That’s not his intention. He wishes to keep it as 2 units. Other
code changes would be required if he wanted to do 4 units. Member Meagher clarified
about non-conformities- if a non-conformity is discontinued for a period of time, it’s no
longer allowed and can’t resort to pre-existing non-conforming use. Would revert back to
single family use.
Member Shaw moved to recommend amending the Land Development Code by changing
a parcel of land located at 85 Walter Street, Map-Lot 035-005, from Urban Residence
District 1 (URD-1) to Urban Residence District 2 (URD-2). Said parcel of land contains
0.26 acres. Applicant/Owner: Zachary Gilpin. Member Shaw stated that there are pros and
cons to this – understands Vice Chair Perkins concerns, but we have what the owner can’t
do versus what the owner might do. In this case, thinks we need to lean in the direction of
being able to use the property in a conforming manner to meet housing needs in the area.
Understands other concerns about it becoming radically different than the rest of the
neighborhood, but it already has been. In favor of doing a zone change to prevent blight,
bringing it into conformity, and able to use to meet housing needs. Member Bazinet
seconded motion. Roll call vote not taken, all members except Vice Chair Perkins raised
their hands in favor (5 in favor, 1 opposed).
3. Zone Change –208 French Street – Map-Lot 049-001 – Urban Residence District 1
(URD-1) to Multifamily & Service District (M&SD) - To amend the Land Development
Code by changing a parcel of land located at 208 French Street, Map-Lot 049-001 from
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City of Bangor Planning Division
Meeting Minutes of June 7, 2022
Urban Residence 2 District (URD-2) to Multifamily & Service District (M&SD). Said parcel of
land contains 0.25 acres. Applicant; RSQ, LLC o/b/o Robert & Tricia Quirk. Agent: Rudman
Winchell c/o Tim Pease, Esq.
Tim Pease, Esq. with Rudman Winchell,representing applicant,presented the following:
Good discussion regarding zoning interpretation;property at 208 French Street is on the
corner of Penobscot and French. Requesting to go from URD-2 to M&SD.
This zone is higher in density & use, allows multifamily dwellings. In contrast, URD-2
only allowsup to 4 dwelling units –property purchased had 10 units –not in compliance
with current zone
Next door there is an inn, across the street office is a building and another 10-unit
property, group home, student housing. This neighborhood fits more in line with M&SD.
M&SD adjacent to this property; selected bed and breakfast as a conditional use which
could be used here, but applicant hasn’t fully made up their mind on the use.
Currently renovating property at this time
Member Brush inquired about the current occupancy of the building. Mr. Pease said he wasn’t
sure if anyone was occupying it right now; it previously had 10 units, so occupancy was
anywhere from 0 to 10 at a given time.
Vice Chair Perkins states that this is similar to, but also different from the previous zone change
request. The previous property was on a block that was almost all URD-1 zoning; this block is
almost all Downtown Development District except for the 3 properties the Quirks own in that
corner. This makes much more sense to change this to M&SD.
No public comment, no staff comment.
Member Shaw inquired about bed & breakfast being listed as a conditional use for M&SD;
wondering if she’s understanding correctly that that’s not what’s being asked for here. Planning
Officer Krieg advised that, if this were to pass, they would need to return to Planning Board for
conditional use permit for bed and breakfast.
Member Brush moved to recommend amend the Land Development Code by changing a parcel
of land located at 208 French Street, Map-Lot 049-001 from Urban Residence 2 District (URD-
2) to Multifamily & Service District (M&SD). Said parcel of land contains 0.25 acres. Applicant;
RSQ, LLC o/b/o Robert & Tricia Quirk. Agent: Rudman Winchell c/o Tim Pease, Esq. The
motion was seconded by Member Shaw. Roll call vote not taken, all members raised their hands
in favor.
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City of Bangor Planning Division
Meeting Minutes of June 7, 2022
4. Land Development Permit Application – Site Development Plan – 1347 Hammond
Street –Map-Lot R08-011 –Pine Grove Crematorium–Land Development Permit
Application for Site Development Plan for the addition of 960 SF to Crematorium at Pine
Grove Cemetery, with accompanying site changes to circulation and parking, at the property
located at 1347 Hammond Street, Map-Lot R08-011, in the Government & Institutional
Service District (G&ISD). Applicant: Pine Grove Crematorium c/o Brookings-Smith; Agent:
Merritt Associates, Architecture.
Jim Fernald, General Manager with Brookings Smith, presented the following:
Needed to add additional machine, addition needed for refrigeration space
24’x40’, basic design
No public comments, no staff comment.
Member Meagher moved to approve the Land Development Permit Application for Site
Development Plan for the addition of 960 SF to Crematorium at Pine Grove Cemetery, with
accompanying site changes to circulation and parking, at the property located at 1347
Hammond Street, Map-Lot R08-011, in the Government & Institutional Service District (G&ISD).
Applicant: Pine Grove Crematorium c/o Brookings-Smith; Agent: Merritt Associates,
Architecture. The motion was seconded by Member Brush. Roll call vote not taken, all members
raised their hands in favor.
5. Land Development Permit Application – Site Development Plan –200 Sylvan Road –
Map-Lot R62-003-A - MMMC Realty, LLC d/b/a Napa/Coastal Auto Parts – Land
Development permit approval for Site Development Plan for the renovation of the existing
building for automobile part sales (11,862 SF), office space (4,000 SF), and warehousing
(26,938 SF), that will be utilized for Napa/Coastal Auto Parts. Two parking lots are proposed
as part of the renovations at the property located at 200 Sylvan Road, Map-Lot R62-003-A,
in the General Commercial & Service District (GC&S). Applicant: MMMC Realty, LLC, Agent:
Haley Ward.
Chip Haskell, Civil Engineer and Project Manager with Haley Ward, presented the
following:
Acquired old Sylvania at 200 Sylvan Road
Full renovation ongoing, necessitated need for more parking
o Additional parking outlined
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City of Bangor Planning Division
Meeting Minutes of June 7, 2022
Use will be retail space, utilized by a NAPA Store, office space, as well as a good
portion of warehousing
Adding a net total of 19,000 SF of new impervious surface to the site
Moving some parking from another portion of the site
Stormwater filter to treat bulk of runoff
Larger parking area owned by the Varney’s, subdivided off parcel – right of way
still retained, to include main entrance to parking area
Wood rail type fence as boundary, buffers
Letter of support received from abutting business/property owner.
No public comment, no staff comment.
Vice Chair Perkins moved to approve the Land Development permit application for
Site Development Plan for the renovation of the existing building for automobile part
sales (11,862 SF), office space (4,000 SF), and warehousing (26,938 SF), that will
be utilized for Napa/Coastal Auto Parts. Two parking lots are proposed as part of the
renovations at the property located at 200 Sylvan Road, Map-Lot R62-003-A, in the
General Commercial & Service District (GC&S). Applicant: MMMC Realty, LLC,
Agent: Haley Ward. The motion was seconded by Member Bazinet. Roll call vote not
taken, all members raised their hand in favor.
OTHER BUSINESS
6.Comprehensive Plan Check-in
a. City Meetings for ARPA Funding – Capital projects to address pandemic-
related issues
i. There are specific ways funds must be used, but a lot of room to use
these funds
ii. Planning staff has been attending meetings as well to hear what
residents are saying; sidewalk, infrastructure improvements; issues
with the opioid crisis and the unhoused
iii. A fewmeetings remain, onetomorrow evening that’s virtual, Thursday
evening at Parks and Recreation, and one nextWednesday
b. Growth District Boundary discussion with Business & Economic Development
Committee
i. Infrastructure discussion
1. Draft statement next month
c. LD2003
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City of Bangor Planning Division
Meeting Minutes of June 7, 2022
i. Maine Association of Planners provided information on this, will go out
with next packet
ii.Implementation will be complicated with existing zoning structure,
beginning to brainstorm
1. Wants to have this completed in the fallsince it does affect
growth boundary designation
d. Build Maine this week in Skowhegan
e. Form based code readings provided, future meeting to have discussion
Member Shaw thanked Planning Officer Krieg for including trend report; it was interesting
material.
7. Meeting Minutes – May 17, 2022 – Chair Huhn believes that “Prybylo” name is misspelled.
Member Brush moved to approve the minutes as amended, seconded by Vice Chair Perkins. No
roll call vote taken, Member Shaw abstaining as she was not at the meeting. Remaining
members in raised hand in agreement.
8. Adjournment 7:56 P.M.
Respectfully submitted,
Melissa L. Bickford
Development Assistant
Planning Division
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