04/19/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (#3. 04-2977 MICHAEL KEAVENY ON BEHALF OF RICHARD M. KEAVENY REV. TRUST,3423/3425 SHORELINE DRIVE, CONDITIONAL USE PERMIT AND COMMERCIAL SITE PLAN REVIEW- Continued) Mr. Goodman repeated his recommendation to deny the application and asked if there were any questions for him. Chair Mabusth replied there were none and asked for other public comments at this time. Sylvia Bertagnoli, 2499 Kelly Avenue, advised that she had a petition that neighbors had signed opposing the application. She reported she walked from the bowling alley parking lot to her garage corner and, measuring it by steps, found it only 50 ft. in distance, which she considered to be very close. Also, she commented that she recently heard that Rick's grocery store might become a Lund's, and if so, what would the reaction be to an expanded bowling alley/restaurant use across the street. Ms. Bertagnoli relayed her speculation about the improvements really being a bowling alley. Also, she noted that her property taxes are rising which she accepted but not if her property is next door to a bar. Lastly, she expressed her concern for children's street safety with traffic increases, especially with most of the traffic, in her belief, using the Kelly Avenue driveway. Richard Edwards, 2480 Carman St., relayed that he sees the bowling alley from his house's back door. In the past he reported having trouble with the bowling alley. Mr. Edwards stated that bands playing at the Narrows till late at night requires them to keep their windows closed due to the loud noise. Further, he mentioned that motorcycle patrons also create noise for the neighborhood. He expressed his concern that more neighborhood noise will be created if the application is approved. Christine Hardten, 2515 Kelly Avenue, expressed her concern for the additional traffic associated with the application in addition to what is associated with the Narrows, at a hazardous turn onto Kelly Avenue, and the continuing trash problem with cans and bottles. She did not think parking is a hardship. She explained that delivery trucks are a current noise issue, especially from the near-by town homes, as well as the band and choppers noise, all which would worsen with an expanded bowling alley/restaurant business. Ms. Hardten repeated her viewpoint that more traffic and trash is not what their neighborhood wants. Chair Mabusth referenced the staff report and directed the Planning Commission's attention to the Issues for Consideration. Chair Mabusth reported that she attended the March 22, 2004 City Council meeting as the Planning Commission representative and advised that the City Council had a list of reasons and negative impacts on the neighborhood when denying the liquor license for Mr. Ode. She reiterated that it is the Planning Commission responsibility to consider a Class II restaurant to be added to the existing facility. Chair Mabusth asked Mr. Keaveny if he understood the Council's action. Mr. Keaveny repeated his earlier statements saying he had no problem without the restaurant liquor license. Berg inquired if Mr. Keaveny would keep the bowling alley there and did he understand that there likely would not be a Class II restaurant approved. Mr. Keaveny replied the bowling alley would stay there. Page 16 of 49