Council OKs rezoning for Rite Aid

BANGOR — Monday evening’s 6-1 City Council vote that approved the rezoning at the site of a proposed Rite Aid belied how tough the question really was.

As it did four months ago, and as the planning board did in its hearings, the council spent hours listening to people on both sides of the issue before voting.

In the end, the council approved the rezoning of 1 1/2 acres of property on Union and Hammond Streets and Union Place to a contract urban service district at the request of Union Realty Trust, the developer that plans to build an 11,180-square-foot structure and lease it to the Rite Aid pharmacy chain.

Dave’s Video and several apartment buildings would be torn down for the project.

The council began Monday by resolving an issue from an Aug. 4 meeting. Laurie Lawler, who is involved in a divorce from the owner of Dave’s Video, Dave Lawler, claimed that Mayor Timothy Woodcock had a conflict of interest because his law partner represented her in the divorce.

The council voted that he did not have a conflict under city ordinance, but Woodcock said he would not participate in the issue until checking with the Board of Overseers of the Bar, the licensing organization for lawyers.

Assistant Bar Counsel Karen Kingsley wrote Laurie Lawler on Aug. 13 that her complaint did not constitute misconduct under bar rules, and she dismissed it.

Bangor attorney Tom Russell, representing Union Realty Trust, reviewed the proposal for the Rite Aid, including conditions prohibiting sales of fuel or fast-food on the site, prohibiting the serving of alcohol, and barring any access to the site from Ohio Street.

Stephen Dubord of Waterville, a principal in Union Realty Trust, told the council that Rite Aid would commit to a 20-year lease, with five 5-year options.

“I give you my pledge, we will work with the planning staff on a project the city can be proud of,” he said.

Engineer Robert Frank of WBRC displayed the concept plan, explaining that the buffer yards would be deeper because of the residential area adjacent to the site. There also will be a 6-foot fence with 2-foot lattice on top of it, and trees on both sides of the fence.

Then members of the audience spoke up.

Bangor resident Elizabeth Whitehouse said she hadn’t heard anyone ask for a drive-through, and she opposed the rezoning. “Maine has a wonderful saying, if it ain’t broke, don’t fix it.”

Walter Street resident Michael Gleason recalled how unhappy he had been when Shop ‘n Save moved out of the Third and Union building, but said Rite Aid had moved in and proved to be a good neighbor.

The same would be the case on the new site, he suggested, adding that he didn’t see the current owners of run-down apartment buildings showing much interest in fixing up the area.

Opponent Tim Harvey said Rite Aid should look at available commercial space down Hammond Street before making another place into a commercial site, but Russell said that plot wasn’t suitable because of its triangular shape.

Attorney Wayne Foote, a proponent, decried the crime calls to the neighborhood in one year, and said his client, Anita Kidney, had seen the area decline. He said that “for years, she had no trouble walking through the neighborhood at night,” but was now afraid to do so.

Once testimony by about 20 people concluded, Councilor James Tyler commented that the issue was “not about the applicant,” but about the zoning question itself. He said the term “economic obsolescence” did apply to the dilapidated buildings, and that there comes a time when “you can’t pour enough money in” and fix up such buildings.

Mayor Timothy Woodcock said he heard a real concern for the neighborhood from both sides, but wanted to focus on “consistency with the comprehensive plan,” something he just didn’t find in the proposal. Half of the apartment buildings in question were in good shape, he pointed out.

Voting for the rezoning were Tyler, Joseph Baldacci, Michael Crowley, Nichi Farnham, David Leen and Gerry Palmer. Woodcock opposed the measure. Michael Aube was absent due to illness, and John Rohman was excused on a conflict of interest because of his partnership in WBRC.

Other steps in the project will include drainage and traffic studies, the site development plan and conditional use approval. The site plan application will probably be filed in early November, Frank said. The planning board will hold a public hearing on the issue.