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HomeMy WebLinkAbout1995-05-17 Community and Economic Development Committee Minutes COMMUNITY & EC�NOMIC DEVELOPMENT COMMITTEE � Wednesday, May 17, 1995 @ 5 : 00 PM MINUTES COUNCILORS PRE�ENT: Councilor Chris Popper, Chair Councilor Gerard Baldacci Councilor Wm. Cahen Council.or Tirnothy Woodcock Gouncilor pon Soucy CaunciZor Marshall Frankel Councilor Charles Sullivan ST�,FF PRE�ENT: Edward Barre�t, City Manager Kenne�h Gibb, Director o� Cammunity & Econamic Dev. Rodney McKay, Community Development Directar Dan Tn7ellington, Code Enforcemen� Directar Jim Ring, Ci�.y Engin.eer Jahn Miller, Pickering Square Parkir�.g Garage OTHERS : Ryan King, Hi,storic Preservation Commis�ion - Bangor Stan Israel, Eps�eins Pat Pinkham, Bangor Animal Control John Nash,. BI?N , � B. L. Bourne, Bangor Resident The meeting wa� called to order a�. 5 : Q0 PM by Councilor Ghris Papper. AGENDA ITEM #1 - Requ.e�t for Relea�e of City' s Ir1te�'est i.n Personal Property at 29 Broad Street IAt the May 3 , I995 C&ED mee�ing, the Committee approved a � request by the awners of the property at 29 Broad Street (Timothy  & �7'enni�er Estabrook} ta eonsent �a a lease between them and the buyers of thei� bu�ine�s which is located on the 1st floor at 29 Broacl Street . Fa3lowing this meeting, a second regues�. was receivecl from the E�tabrook' s attorney for the Ci�y ta release its interes�. in personal property� of the business proposed to be transferred to the new buyer. Staff has reviewed this reques� and reco�nmend� approval by the Comnnittee . A motion was made and seconded �.o apprave this request a� pre�ented. Sa voted. � � 2I AGENDA ITEM #2 - Proposal Regarding Regulati�n o� Kennel� City Manager Edward Barret� presented this item to the Committee . Barbra Bourne o� 114 Sarataga Ave. , Bangor has requested ta appear be�are the C&ED Cammi��ee in order ta preSent her request for the City of Bangor to adopt an ordinance ta regulate setbacks for certain accessary structures, i . e . dog runs, pens, and kennels . Councilor Wm. Cohen reques�ed to be excused from participa�ion on this item due �a confl3ct of in�erest and advice from his attorney. Ci�y Manager Barre�t then requested of Councilar Chris Po�per, Chair of the C&ED Committee, to appoin� another Councilor in Councilor Cahen' s absence as a voting member on this item. Councilor Charles Sullivan set in as a voting member on this item. Ms . Bourne presented her issues with respect to the regulations of dog kennels an residential property within �he City �imits . She stated that her residential praperty at 114 �a�atoga Ave. , Bangor abuts the property o� Councilor Wm. Cohen' � a� 106 Saratoga Ave. , Bangor and �hat the Cohen' � have a dog kennel an � their pxoperty. Her complaint centers around �he frequent barking of �he Cahen' s dog{s} for several years. In I991, she �ook Mr. Cohen to court �or reasons of a barking dog. She sta�ed that the �ummons was aba�ed �or several manths until she finally "pushed it" �o a concluSion. From that time until Zate March of I995, the Cohen' s have na� had a dog. Ms . Bourne stated alsa that since the demise of �he Cohen' s dog she has had ta put up with harassments, abuses, and obscenity' s from both Mr. & Mr�. Cohen, in particular Mr. Cohen. - In December 1989, �he and Mr. Cohen had a disctzssican regarding - the relocating of �.he dag kennel and pen to another spot an his property. At tl�.at �ime, Mr. Cohen had assured Ms . Bourne that when ,�pring cama he would do this as lang as she proma.�ed not to �.a'�e him before animal control . Mr. Cohen did xxot, however, ac�. on hi� pr41`Tt1S� and sa Ms. Bou�ne taak him �o cour�. . Eventually, the kennel was �aken dawn as well as the dog pen. In late March of �hiS �ear, Mr. Cohen put up a n.ew and larger gen in the same area with a r�.ew and 3.arger dog. She asked him to move the kenneljperz back; he re�used. Ms . Bourne is aska.ng �.hat specific setbacks be en.forced with at 1eas�. a 5 foot �etback on a11 property lines on the rear and side caxners with mina.mum acreage and a minimum of 10 �ee� for exi�ting proper�ies that have the sui�able acreage . She stated � tha� this shou�.d be re�roactive to any proper�.y awner whcs in the las� 5 years ha� been faund to harbor a nui�ance dag in any manner, shape or form. 3/ • Discussion continued between Committee, City Solicitor Erik Stumpfel and Ms . Bourne as to the limitations of the City with respect to grandfathering existing ordinances and the fact that the City does not have control over deed restrictions . Dan Wellington, Code Enforcement Director, spoke with respect to the existing property setback required under the Land Development Code . He stated that a dog kennel, under the broadest definition, could be viewed as a fence and thusly can go as far as the property line. This can also apply to dog runs . Dan stated that the setbacks that Ms . Bourne has suggested would not necessarily alleviate the noise concerns . Also, that in many of Bangor' s residential areas, the setbacks would not be possible due to limited size of the property. Under the current ordinance, a pet owner is allowed to use any portion of his property in order to house the pet whether that be a dog house, a dog run or a kennel . Ms . Bourne replied that if she can not get satisfaction from this Committee today that she will pursue other legal avenues . She also brought up the issue that at the time the Cohen' s house was constructed there was no permit granted from the City' s Code Enforcement Department for the kennel as well as it being in violation of restrictions that go with the deed. The permit only addresses the structure of the house; not for a garage or carport . She stated that City records show that Mr. Cohen has abated • property taxes for the past 10 years on this shed (kennel) ; that City records indicate that the Cohen' s have paid taxes on the carport and the garage. She then asked Dan Wellington to comment on the purging of this permit . Dan replied that nothing has been purged; that Code Enforcement' s records show that the required permits were all issued prior to original construction except for a notation that there would be a detached shed also constructed. It is the belief of the Code Enforcement Staff that either the contractor unintentionally forgot to mention the shed construction or it was an oversight on the part of the Code Enforcement Department . All other aspects of the permit are in order. A site plan is not required for single family development; and construction plans for all structures in the City of Bangor are not able to be kept on file due to lack of office space. Councilor Chris Popper stated to Ms . Bourne that due to the b-road coverage of issues that she wishes the Committee to review, that she allow them sufficient time to read t-he written materials she has provided to them; that only the kennel issue be taken up at today' s meeting and that the other items can be brought back to the Committee at the next regularly scheduled meeting. Ms . Bourne replied that she would like City Solicitor Stumpfel to highlight the ordinance or state statute which refers to after the fact permits with no penalties and no fines and no statutes of • limitations as well as the issue of taxes unpaid , for ten years . She stated that she appreciated the City' s standpoint on subdivisions and restrictions that run with the deed. She • 4/ con�ended �hat if �he City cannot enforce tha�e restrictians, you cannot issue a permit �or some�hing that violates the restriction� because it violates the warranty deed and makes it in effect a warran�y deed that is no longer a warran�y deed. She went on �o say that the majority of the residen�s in her neighborhood have made a commitment �o retain the credibility and integrity of �heir neighborhood s�ay in tact. She stated tha� Mr. Cohen, however, has gone ou� ot hi� way to violate the in�egrity zn every way he can, She sugges�ed �o City Sta�f that if Mr. Gohen is allowed to keep the shack �hen she would expec� the se�back requirement to be tha� which i� within the current ardi�ance and nat that of ten year� aga. The Cammittee sta�ed that they will infarm Ms . Bourne af the next C&ED Committee in order ta foZlowup on the informatian she ha� pre�ented �o them at today' s meeting. Ms . Baurne replied that this was acceptable to her; but that she would also like Committee to submit a request far Mr. Wm. Cohen' s re�ignation from the C&ED Committee and the City Council . She then thanked the Commi�tee for their �ime. Councilor Cohen then briefly spoke to the Committee with respec� to Ms. Bourne'� verhal attack on him. He Sta�ed �hat many � of the commen�s before the Committee were not relevan� to the issue. He also stated that for the recard the accusa�ifln� are no� tru�hful; �hat they may even be considered to be scandalaus . Ms . Baurne repZied s�ating, �.hat as an addendum, she had a documen� coming fram out of sta�e (an affidavi�) from another par�y who has also been �he subject af Ccaunci�or Cohen' � abuse. AGENDA ITEM #3 - Sign C}rdinance Discu�sion = Ken Gibb introduced �his item to the Commi�tee . He stated - that a� the C&E� Comrnittee meeting af May 3, 1995, Staf� was requested �o cpme back with ordinance� related to various op�ions for critera.a on the permitting caf �andwich baard signs . Ken outlined the 3 options available (see attached memo) . Ken s�.ated that Option A is the current drafted ordinance; Option B i� a potential amendment to the exi�ting ordinan.ce tha�. could be considered by the City Council on Monday, May 22, 1995 . If there is a desire tcr cansider C7ption C, there would be a �irs�. reading at Cauncil on May 22nd and then came back to Council on June 5th far a final vc�te. Councilor Marshall Frankel commented on why he �ee3s the sandwich baard signs are a valuable advertising draw to a11. and any • merchara.ts who woul.d like �o use �hem in any commercial area o� Bangor. That the business climate is not as good as it could be and any tool the merchants have at their disposable �,o possibly 5/ • increase their sales the better. He suggested that perhaps a fee should be charged on a yearly basis for controlling the sandwich board signs . Stan Israel, owner of Epstein' s at Crossroads Mall, also spoke to the Committee and Staff regarding his desire to see the sandwich board signs allowed in all of Bangor' s commercial areas. � Councilor Gerard Baldacci asked that Staff review as to why these signs are not allowed at . the Bangor Mall area. Dan Wellington replied that current ordinance states that only one free standing sign is permitted on a property. There are also public safety concerns as well as aesthetic concerns along with issues of how much signage is appropriate from a planning standpoint and public safety standpoir�t . Other factors that have to be taken into consideration are sites where restricted road frontage is limited and that not all areas are alike in their design and available land area. Discussion continued among Staff and Committee as to the choices presented. Councilor Baldacci made a motion to. forward these options to • the full City Council for further discussion. Secanded. So voted. AGENDA ITEM #4 - Approval of Budgets for Pickering Square and Abbott Square Ken Gibb presented the proposed operating budgets for Pickering Square and Abbott Square . � A motion was made and seconded to approve this request as presented. So voted. AGENDA ITEM #5 - Waterfront Parking Plan Jim Ring, City Engineer, presented a proposed plan to include a permit parking area on the waterfront for marine customers . Due to the ongoing development on the waterfront (i .e. Seadog, parking regulation changes and parking on Front Street) it h.as been found that a need for specific parking areas for the boaters is necessary. The Harbor Committee has also discussed this issue at a recent regular meeting. They request that the City consider this need. A motion was made and seconded to proceed with this proposed as presented. So voted. • � 6/ AGENDA ITEM #7 - C.O. 95-204 Handicapped Parking on Court Street Ken Gibb presented this item stating that Councilor Pat Blanchette had requested that handicapped parking be designated on Court Street (at the corner of Court and Hammond Streets) in front of the Court House . Ken stated that there is no state law requiring handicapped parking on public streets - only for off-street parking, i . e . parking lots . However, Bangor, when requested, has provided for handicapped parking in downtown areas . Councilor Woodcock asked if a handicapped parking space on the public streets can be restricted to certain hours only. City Solicitor Stumfpel replied "yes" . Ken Gibb indicated that this may be an enforcement concern and that he would check with the Police Department . • A motion was made to forward this item to the full City Council at their upcoming meeting for further discussion. � Seconded. So voted. • AGENDA ITEM 6 - Executive Session - Property Acquisition A motion was made and seconded for Committee and Staff to go into Executive Session to discuss property acquisition. So voted. With no further business at hand, the meeting was adjourned at 6 :30 PM. rp •