all right gonna get started did you have on this enough but they could all right mics on anyways hopefully the feedback here I welcome to money to this meeting Wednesday January fifteenth two thousand twenty first item on our agenda is a roll call we have decent pocketjet Macintosh we so so rockers good fairly technically got John Beckett Michael Costello down the end next up is acceptance second second it's very good any discussion over additions edits I do have one item I thought of recently I would like to add to the discussion in topic about meeting timing okay don't that just a brief discussion you get your thoughts all right if there's no other comments additions all those in favor of the agenda has justified next up is approval of the minutes of the December 18 2009 teen meaning confession any edits are there is not do we expect any other people we have just want to make sure I don't remember hearing that Dave couldn't make it Munich step we have a quorum anyways yeah would we designate yeah Michael yes all right I looked at them briefly the only thing and I could be mistaken but I was warned that just as a matter of course because in your minutes when we we talked about the approval of the minutes last time that there was no request to no no stranger things have happened yeah I ran through it several times make sure I hadn't missed it but it does look like in the discussion of the actual revisions the motion got lost so okay yeah so we can do that at a that's what I was warming so procedurally if we didn't so we had something record you get me to revisit that tonight to square that up or we can either do it tonight or at the next meeting whichever it's more comfortable but I would say that yes we missing a few members that were here and we pushed that off if you could add that just for next month we have procedural yeah I think there is a there was a comment and a question made in there and it kind of jumbled up the process of it and it just kind of got skipped over what yeah I'm new here yeah yeah all right any other we can wait till next April that won't do we do all them anything there we go push that one off no that's me next up of old business we have a continuation of a public hearing or a major site plan review over the future by the Regional School unit number 26 for proposed expansion through the aural middle school high school and the Easton see Adams Elementary School located at six Goodridge Drive tax month 27 graphs year a lot 12 in the medium density residential district do understand from from Kyle that the applicant is not here but you will be giving an update in their place yes so last meeting when the project was first introduced one of the big areas of discussion was the detention pond located between the two schools and that its placement was in the same area that there is sort of a outdoor learning area that the tree board has working has been working on for many years and that the detention pond would impact that to the outcome of last meeting was that the RSU some town staff and the tree board were going to meet and discuss some possible alternatives that happened last week the applicants engineer brought some potential ideas the town also brought the applicants attention that getting an easement would be possible the council actually passed an order Monday night saying that they would be okay with the town manager issuing an MoU or an easement to use town plan on either side of the RSU property for any sort of stormwater management as long as it didn't impact any any kind of town assets or any other active areas so with that information the applicant has brought back a new proposal we're still reviewing that at the staff level just to make sure everything's okay and once they get the okay that that area is okay to look at for the pond then they're going to start finalizing plans and hope to come back in February for continued the review process very good there and just trying to recall other issues on the table so there are a few other questions some of which also related to stormwater management that they have they have mentioned that they're in the process of gathering information for and submitting responses for so that should also be answered by the next meeting very good I think they were just looking to submit it all at one time yes no they're still in the process DEP actually gave RS you some comments that kind of adjust the things even out side of our discussion of the detention pond I'm sure they will speak to this at the next meeting but DEP I think was now requiring them to have a little more of a stormwater management plan and a scale for their detention pond just to control four different levels of water by F so that process is still ongoing very good so procedurally we would just lead them public hearing open I don't think I need a motion anything like that no I think there's leave it over and we anticipate that they'll be back in February of boos well yes that's the goal as of now so if not it would be something similar to this where we would just give an update probably in back again very good all right moving on actually show that just just arrived she was at that meeting the last time so we didn't have a horrible drug and release and we're not here so we were going to table that and then you [Music] thank you thank you actually is very very good so I'm gonna so Anna motion Anna I'm gonna start all over again you guys have a motion make a motion we accept minutes very good kind of a second say we get any more comments all those in favor next up on the agenda is new business tonight we have a contract zone amendment request by sons of carpentry OLC to amend an existing contract zone of 117 121 Street to allow for additional residential dwelling unit for an additional residential dwelling unit on the second floor of the structure we have the applicant step up to the mic and tell us what you proposed these stay market yes hear me no yeah that's good yeah we purchase building in 2017 immediately went with Bill did some improvements to renovated the first floor the third floor started on the second floor seats potential tenants in that office the last almost three years now to the point of almost giving away a year of free rent too hasn't happened so we what's Bill had worked out for plan of work to make an additional 2 bedroom apartment on one side the building and we're at now we've been reluctant to rent the space so it's been no that does much better that's easier to read and having a second floor in that building that's been so we came to plan ask any questions they're giving I wasn't gonna wouldn't ask Kyle for a summary that he provided and once he gets that if he went I was staying up there and then we can throw some questions that you have them but Kyle you did you did prepare a memo for the board sure so this property has been and there's been a contract zone for it since 1995 its surrounding area is all medium density residential so obviously you know in our today's medium density residential a structure like that wouldn't exist in today's MDR but through the contract zone that lot was turned into high-density residential lot in 1995 and it was to be used for banks offices medical offices and a single dwelling unit on the third floor in 2010 the owner at the time came before the council and the board with a similar proposal to have a an additional dwelling unit on the second floor because they were also struggling to fill that second-floor office space I think at the time the reasoning for not pursuing that was that the student housing was more of an issue in town we hadn't we didn't have a rental registration at the time there weren't some of the larger apartment complexes that exist now that housed a lot of students you know there were more sort of in residential neighborhoods that caused potential nuisances but so at the time in 2010-2011 that contract request did not go through however it did allow for a few additional small-scale commercial uses to go in on the first two floors the met certain conditions of the ordinance but overall the general use of the building stadium commercial on the first two floors and residential on the third floor so the current applicant wishes to do something similar with a single dwelling unit on the second floor which would essentially create a two family residential you know structure here which two family structures are allowed by permit in the HDR two family structures are also allowed in the MDR so even within the surrounding area a two family and the medium density residential district requires site plan but it's not it's not out of the realm of possibility that a two family couldn't also exist in that sort of zoning district but as with any you know sort zoning change or contract zone request we try to relate the request to the goals of the Comprehensive Plan to make sure that it it makes sense with the town's long term vision there are a couple a couple factors mentioned in the comprehensive plan that kind of speak to this idea one is housing in a near downtown encouraging mixed uses which this is you know the definition of the mixed-use with commercial on the first floor and then residential on the other floors so encourage mixed uses including residences in and adjacent to downtown and improve the quality of housing in and around downtown you know providing more housing opportunities whether owner-occupied for rental occupied as a goal providing that housing near our existing services or you know buses and you know our downtown businesses and things like that all of that is is very much a goal of the Comprehensive Plan and also allowing the Orono downtown to grow in a compact walkable manner building on its village architecture in character I mean this isn't this isn't a structural addition to allow for this this dwelling unit it's in an existing structure it's currently not being used pointed out so you're not adding actual any building footprint you're more of just using a space that currently isn't being used to serve a need that the town is identified in the comp plan it appears that you know one of the main issues in 2010 as they said was the idea of student housing and finding that balance of introducing you know some student and just rentals in general into smaller residential neighborhoods you know the image I provided in the memo is kind of a screenshot of those few blocks you know the block where this proposed project is taking place with the immediate surrounding blocks you know all those colored parcels are parcels that took part in our rental registration previous previous year so you can see there's a pretty healthy mix of owner-occupied Lots and rental Lots there and I'd say that one of the other few remaining issues discussed with this would be the idea of parking and traffic and our parking requirement for a residential unit like this would actually be less than the required parking for office space of that amount and there is a parking lot towards the rear of the building that would be able to serve having that additional dwelling unit there other than that it's a legally non-conforming lot and so long as it's legally non-conforming and you're not making any structural additions to the building you can expand a residential use within that building Thank You Kyle all right we have heard from the kitchen some reason [Music] open the public hearing and bite those of you that came this evening just step up to the mic and [Music] which all right just let him finish and then we need you on the record so it'll follow-up question so you're where the ordinances we have as Kyle mentioned part of our comprehensive plan was to lock down this because there's been an ongoing problem so there's problem properties and there's a procedure for reporting to the town so that that should not happen we spent two and a half years almost developing the comprehensive plan trying to deal with all these specific issues yeah we tried to put teeth in that as best of our ability committee the Planning Board was involved with that but it's a serious issue so if we have neighbors you know that's how this is supposed to work Kyle mentioned trying to get a mix of residential in the downtown area and we tried enact ordinances or procedures in place to deal with that and we take that seriously so I keep calling if there's a there's an issue thank you I apologize would you mind their way yeah yep yeah usually I just this is on the record so we need to record that and usually it's not going to pick up side comment so alright let you stay out side by side and you can nail them as they come along very good thank you other comments so we did get one emailed comment as well that I can read so that wouldn't so that wouldn't be part of the contract zone process any review yes and it will continue to be before issuing the permit to allow the dwelling unit so with any contract zone and project that needs a contract zone the contract zone and the actual permitting of the use are separate things so the contract zone really allows for the potential of the thing to exist the permit would be for that dwelling unit would actually be gone through the code enforcement office and during that process before any permit was issued is when there would be any kind of final input and decisions made with you know fire department or any additional land use but there has been discussion between the applicant and various town staff as to what needs to be done in regards today so the way the contract is written is that there'd be a the way it's currently written it's that there's a single dwelling unit single apartment on the third floor and this would add a single apartment dwelling unit on the second floor yes so it doesn't really define it just says the first and second floors are open to commercial so residential units require three parking spaces and our office space requires one parking space for every few hundred square feet it's somewhere in the 12 range I think roughly yeah which is about what would be I mean depending on the exact layout that's so this is actually so this is in the this law is contract zoned as a high density residential lot right in which case multifamily buildings are allowed in the high density residential and in any zone where multifamily structures are allowed you're actually allowed to have 500 people in districts where there aren't multifamily structures allowed you're only allowed to have three unrelated people so when the medium density residential the surrounding area you would only be allowed to have three unrelated people in a unit but in the high density residential in the village commercial in the c2 in those zoning districts allowed to have five unrelated people other questions I actually I was serious on the total parking number as well just thinking about all the units but correct me so he said it shouldn't be a problem because it was parking out back but they can also park in the street corrected and well that the parking is easily it's required off street parking so they would need the proper number of spaces in the off street parking area I don't think the the parking that there is defined exactly every inch but if you were to and map out all of the lines then it would meet the required parking but again it's not really the contract zone isn't looking at it from a site plan Oh perspective so that's not really an area that's focused on through this if the parking requirement wasn't met the applicant wouldn't be able to get the permit through the code office to have the dwelling unit but if this was a project that required site plan review then we would be doing the contract and site plan review simultaneously and we would be looking at the parking through the site plan review process I just want to make sure this board yeah has enough information or until you write to make a recommendation so based on what you told me it appears that this parking is sufficient and we're not really considering that because this is further questions I see Dave stepping up reviewed there was concern and many of you know during the high priests or the I animal house we we have created a lot of ordinances to deal with disorderly properties a year ago now has the concern was again because of the of the activity and behavior that was occurring the tenants there people have understandable concerns so we feel that our office we feel that concerning that he mentioned that access is being eliminated that was a direct result our one safety inspector former requirements it was shouldn't be there either top tonight and I need the life safety requirements and get rid of that he is he has the advice city inspector has his work force creating that so we're confident that when the time comes that you will believe that the previous owner had come here ten years ago because he would have a hard time meeting their requirements of the original contracts own meeting that was not equal to rent it out as that commercial use second-floor commercial uses are much more difficult to rent now than the first floor facilities I have been one of the reasons why I wanted to speak tonight is is that I have been working with the Apple team for the last year trying to find a tenant for him he was as he alluded to was offering some free lucrative opportunities to be able to run that frankly as Lois were never heard of here or anywhere else for that packing space and zero meters so it's been very very difficult to do that deep deep that the property owners are doing everything that they can I find wishes household form of a contract zone while still I'm trying to rent that property than just fighting very very different if not impossible as a result of that we looked at you know if he were coming in asking for our multifamily meeting three units probably have a different conversation we filled that into two drawings in that building there's no different than every other buildings in that in the area and frankly if you're looking at rental properties residential rental properties in that area were map registration registrations in that area there are two to one there are more rental properties people of the nominal parties so it's it's rental properties are happening in that neighborhood already and not so I understand the concerns neighbors what's happened in the past I would say if he were to repeat the practices of previous owners you just reinforced what our goal was in that complaint to make this work to provide residential opportunities but have the other questions applicant right last call and public hearing yet the one yeah when I read that not that I'm gonna read that in the record or you get it all right this is dated Tuesday January 14th from gene Levine to Kyle town office dear planning committee members my spouse and I've lived it 107 mill straight the adjacent property to the proposed project since 1995 I spoke in support of the contract zone for 117 121 mill Street at the first public hearing in 1996 or 1987 I along with my neighbors were supportive of the proposal for third floor being an apartment in the first two floors for certain types of businesses even at that first hearing it was clear that none of the neighbors were supportive of the second floor being an apartment in 2011 they don't the owner came back to the Planning Board and requested that the contract zone be amended to allow the second floor to become an apartment the neighbors again did not support the approval of a second floor apartment the applicant then deleted the second apartment as an allowable use before it went to the town council all the properties are single dwelling residences it is jet it is a generally quiet area the reason I am NOT in favor the second floor being an apartment is that the businesses who have rented have always been good neighbors their quality of life decreases when the third floor apartment is full the parking lot generates noise at night and when the university is in session often richer grammar wise often it is full that means the combination of two thirds of the building for businesses and one third for an apartment is the right mix for the optimum use of the available resources and to be most similar in use to the property of butters it is unfortunate that is abutters to this contract zone we are forced to keep respawning through the second floor apartment issue I like the other abutters have lived there lived here long before the most recent applicant who had to have known the constraints the property had and purchased it for a price that must have taken that factor into consideration I thank you for your time and opportunity to provide this input sincerely jeanbean so these are similar to the first comment we've heard in talking about past issues I believe we heard from economic development office that recent changes that have taken place to try to maintain the insurance that things won't get out of the regulatory mechanism that teeth in it this email and it covers a lot of ground but is there anything new [Music] right then last call for just repeat your name for the record thank you No so then that area is actually medium density residential however when you do a contract zone it's specific to one lot though so that one lot right is HDR because it's three stories and it you know it fits more so according to our minimum parking requirements and the minimum parking requirement for a residential use is a smaller impact than a commercial use so even if it didn't meet it it's a less non-conforming use than what currently exists it the parking there isn't an issue now because that second floor space is in you know it's not vacant area it is vacant if there is a commercial office in there with loads of employees that might be allowed and that parking lot could be overflowing having the residential unit it's only three or even though it's you're allowed five unrelated people it's only three required parking spaces for the unit so the fact that it's a less of a non-conforming use means that it would be allowed because you're not creating more of the impacts than what already exists on that lot so that would realise it I think well it's always been that way I think it's always been that way the three was always for just the MDR it was targeted at those neighborhoods and those people buying those homes and then running up to five students so HDR well appreciate the opinion what this board has they are the owner and with the council if it is the Planning Board's recommendation to the council that the council really needs to really look at what they agreed on parking is that's a legitimate so we can look at that and say that you know adequate parking is needs to be provided if we start having problems with a spillover cars parking out in the middle of the road because there's no parking there then it becomes a and so I think that your concerns England's concerns are valid and the council can take those into consideration when they're when there bring it to that contract so I thank you for those who come tonight for that input and I would say to the Planning Board any things that you think that would be appropriate to look at this is what you're here for is to give that guidance to the council is that in your experiences then purple houses should be there that's that's certainly your prerogative so I would say kind of nothing is out of bounds when you're asking for good yeah I do have that was the one item I thought of was the parking and how this would affect that two or three bedrooms what was it again on the second floor but so two bedrooms so in my mind I was thinking of a two-bedroom new apartment yep new apartment and you'd have so I was thinking that could be again as you said no more there's less non-conforming than a potential business office it's other tenants at other buildings that surround our building which came to light more recently during some of these storms I've had my father I call me build these some of these cars and I've tracked those down and they belong to other tenants of other properties that a couple of them because we have a vacancy on the second floor we've allowed for one person to park there so as far as being ample parking I think I don't think you're gonna have an issue I mean I haven't drafted out exactly how many spots they've never been painted out I think you know 12 14 okay thank you all right last call for public comment was a public hearing I I've heard comments loud and clear I do think that is a very reasonable suggestion that perhaps coming out of this flaming board that you know there is a concern about parking so having the Town Council you know have some assurances because we we're not reviewing that but there would be some assurances that there's enough parking to handle what what you've proposed I know we've heard it that seems reasonable to me to make sure that some protection for the surrounding area it seems like you've addressed a lot of the other other concerns but that that was my opinion what are others thoughts because tonight we're not approving this project we're passing a recommendation on to the council the correct yep so the only thing is a contract can a contract zone can put more limitations than you know just the base zoning district correct I mean to me the the current allowable use is more potentially more impactful than what's being proposed so what's been agreed to for the past 25 years had the opportunity to be you know cause more of a negative impact than what's being proposed now from a traffic and parking point of view well I was gonna say along those lines I think the difference is is that the perception is it's much less impactful because it's always been empty correct so if it's always empty there's no impact and so to the neighbors it'll appear as if there is an impact because there'll be a change not that that changes the standard we have to look at it as a general rule but I'm going to guess that that's why there's this perception that this is as if someone was in there and had ten employees on that floor it'd be a lot worse than a two-bedroom apartment the only thing I heard was the roof access I think we'd want definitely it sounds like that's gonna happen but I haven't heard anything in writing I would think we definitely want something right that says because the most egregious things I heard were people on that roof throwing things which seemed function of third floor apartments already in place that what I heard is that we're reviewing changes to the contract so home which would be the second floor but I think regardless why don't we want to try to if we could put something in that just says no more roof access for anybody it's locked up it sounds like they're doing down that path but I think you want that in writing somehow that's gonna happen well it can castle recommendation either thoughts on the parking issue a Germany's point it is valid too if it's always been approved and is that it's okay so Judds concerned again for making a recommendation judges concern is to ensure that and it sounded to me listening to Dave he's been working with the applicant and the African himself with that's in the works but we can ensure that we delineate parking if it's been okay so I'm okay so I think we're ready for a recommendation we don't really you don't need a motion just need the motion and the second thing it wouldn't hurt to do it the new code was something that occurred in the past I guess your fire truck ladder may not even reach it waited right now which was immediately what why we responded to building it right now and getting it done so it's going to happen when I am going to get a building permit to start the work is this as well so we can just recommend the proposed changes you know what's going to happen as is recommending that we approved the all right I'm going to go well I made a motion that we are the discussion here oh that recommendation thank you next up on our agenda we do have other new business any discussion next the agenda it was just a random thought the older I get the earlier I seem to go to bed and I do no other planning boards that meet slightly earlier so my question is is and I've heard some 630 I'm wondering whether you know I don't know why ever since I've been on this board for 65 years I don't know what why it was seven o'clock but I I just figured it occurred to me and I want it's it's not something we have to vote on tonight but that's always one but then if we ever have meetings where we have a lot of discussion 8:30 to 9:00 and I'm getting older I'm just I'm just curious it I don't know is that do you have an opinion you're you're a youngster I do like early I'm not really too bad so yeah okay so just check procedurally yeah I've just just curious but and you know if there's I can't remember what local municipality well but they said oh yeah we start at 6:30 and it made me think about I can look into it you let us know we'll talk about it next meeting that's another question so it's meeting next month is during school vacation week and I think I didn't know if there's gonna be like I can't attend I don't know if there was a bunch of us that week or if it's I know said as well I may have an issue I don't know Nordic state championships or that week and I don't know the schedule I think it was someone else - they indicated so either way I just thought I'd bring it to light now instead of we could move it you know I think the ORS you applicants I think they were okay meeting with it during break but I think it would be okay to move as well we were to move I would recommend later that's what I wondered - but I'd love to have a quorum - so is there any opposition to perhaps bumping that a week I'll just have to check the to make sure there's nothing else going on the following Wednesday that would conflict with us using the space but I can look at that and reach back out to everyone yeah no it would have been to the 19 correct so we would now be looking at potentially the 26th yeah I think that's the or no Economic Development Corporation and then we may Dave is that going to be in this chamber the Oh EDC 26th is the day we were looking at pumping our meeting that would be okay notice that power only powering has not much all right so everybody ok with that I'll get to the 26 so yeah there's still at seven you know for now print it I'll just reach out to everyone the next couple days finalizing that the exact time very good thank you everyone we can ask the others opinions so last on our agenda we have adjournment connect emotion any more discussion all right all those in favor [Music]