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HomeMy WebLinkAbout2020-04-07 Planning Board Minutes PLANNING BOARD MEETING MINUTES TUESDAY,APRIL 7,2020,7:00 P.M. COUNCIL CHAMBERS, CITY HALL Board Members Present:Ken Huhn, Chair Michael Bazinet Ted Brush Ronda Hogan Reese Perkins Lisa Shaw City Staff Present:Anne Krieg, Planning Officer JoshSaucier, Asst. City Solicitor John Theriault, City Engineer Chair Huhn called the meeting to order at 7:00P.M. MEETING MANAGEMENT 1.Public Participation Assistant City Solicitor Saucier reviewed the legal allowances under emergency action by state legislation. Member Bazinet made a motion that pursuant to LD 2167, public participation in Planning Board meetings from the time of the motion until 30 days after the COVID-19 State of Emergency is over, or until the Planning Board otherwise amends, be by Zoom, by public access television, through the City of Bangor’s Facebook page, with its live stream, and through the City of Bangor’s website where meetings can also be live streamed. This motion was seconded by Member Shaw. All were in favor of the motion. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV City of Bangor Planning Division Planning Board Meeting Minutes -Tuesday April 7, 2020 2.Public Hearings and Public Comment Chair Huhn read a message to the group regarding meeting management, specifically to use the raise hand option in zoom. LAND DEVELOPMENT PERMITS 3.Land Development Permit –Site Development Permit Application –1 Railroad Street – City of Bangor –Engineering Department –Grade and fill excess excavation material from Davis Brook Tank project. Material will be covered with 6” of imported clean loam and seeded for permanent cover at property located at 1 Railroad Street, (Map-Lot 043-040-C), in the Waterfront Development District (WDD). Applicant, City of Bangor –Engineering Department City of Bangor Engineer John Theriault reviewed the project. Member Perkins inquired about the elevation of the parking lot and the slope. He also asked about soil contamination concerns and asked ants a copy of testing. Theriault stated that they coordinated w/Geaghan’s to make it mutually beneficial for everyone. The contaminates are from old rail road yard roundhouse. As part of the VRAP condition, the city must bring in 6” clean loam and gravel, pavement and stabilization. Testing now happening on the material. Member Shaw movedapproval of the site development permit application, seconded by Member Reese. A roll call vote was taken and all were in favor of the motion. 4.Land Development Permit Application –Site Development Permit –268 Sylvan Road –Eastern Maine Community College-parking lot expansion at property located at 268 Sylvan Road, (Map-Lot R62-003-C), in a Government & Institutional Service District (G&IS). Applicant, Eastern Maine Community College. Randy Bragg reviewed the application. Member Perkins inquired about the trail that is currently under construction. Page2|6 City of Bangor Planning Division Planning Board Meeting Minutes -Tuesday April 7, 2020 Member Bazinet movedapproval of site developmentpermit application, seconded by Member Shaw. A roll call vote was taken and all were in favor of the motion. PUBLIC HEARINGS 5.Contract Zone Change –234 French Street –St. John’s Episcopal Church –To amend the To amend the Land Development Code by changing of a parcel of land, 234 French Street, (Map-Lot 041-128), from Urban Residence 2 District (URD-2) to Contract Government & Institutional Service District (G&ISD). Said parcel of land containingapproximately 0.12 total acres. Applicant, St. John’s Episcopal Church. Chairman Huhn disclosed he was in a leadership position with the Church. He called for a motion to be made that he has aconflict of interest. Moved by Member Shaw, seconded by Member Hogan. Andy Hamilton thanked staff and reviewed the project. David Ulrich reviewed the programs and service programs of the church. Member Shaw discussed 165.15, increasing non-conformity. Discussed with staff and Hamilton. Additional use of resale shop. Member Perkins asked if it’s been this way, why change it, unless for the resale. Hamilton was asked to participate and wanted to be clear what uses. Member Perkins moved to forward recommendation of Contract Zone Change to the City Council, seconded by Member Hogan. A roll call vote was taken and all were in favor of the motion. 6.Text Amendment Change –Land Development Code –Merger Provision -To Amend Chapter 165, Land Development Code, of the Code of the City of Bangor, to provide relief for non-conforming properties by removing the merger provision for the purposes of zoning administration and enforcement. Planning Office Krieg and Asst. City Solicitor Saucier presented the item. Member Shaw movedto recommendthe text amendment change, seconded by Member Brush. A roll call vote was taken and all were in favor of the motion. Page3|6 City of Bangor Planning Division Planning Board Meeting Minutes -Tuesday April 7, 2020 7.Text Amendment Change –Land Development Code –Solar Arrays -To Amend Chapter 165, Land Development Code, of the Code of the City of Bangor, to define, allow and regulate the use of solar arrays. Planning OfficerKrieg and Asst. City Solicitor Saucier presented the item. Member Shaw moved to recommend the text amendment change, secondedby Member Hogan. A roll call vote was taken and all were in favor of the motion. 8.Zone Change –39 Sidney Street –KongsuriyaInvestments, LLC-To amend the Land Development Code by changing a parcel of land, Map-Lot 025-101, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said parcel of land contains 0.32 acres. Kongsuriya Investments, LLC, applicant. The record was cleared that the address of property is 50 Sidney Street. Planning Officer Krieg provided staff review. Member Brush moved to forward a positive recommendation for theZone Change to the City Council; the motion was secondedby Member Bazinet. All members in agreement. 9.Conditional Use Site Plan/Subdivision Plan -759 Ohio Street –County Properties, LLC -To place 10 units of attached residential with 4 buildings in the Low Density Residential and Resource Protection District on property located at 759 Ohio Street (Map R34 Lot 1A). Jim Kiser presented the project. He answered clarificationquestions. The property owners at731 Ohio Street expressedconcerned about noise, loss of open land, extra traffic, and the possibility of homeless camps with church and school close by. Traffic counts were reviewed the applicant and the City Engineer. The buffering was reviewed. TheBoard reviewed testimony received from Brandon Heim and Angela Gilladoga. Father Murray of the church parish across the street from the subject property expressed a concern about traffic and quality of lifeissuesfrom people living in the dwelling units(related to possible crime.) There were also comments related to highdevelopmentdensity on Kenduskeag Stream, and development traffic impacts to the school asan issue. Page4|6 City of Bangor Planning Division Planning Board Meeting Minutes -Tuesday April 7, 2020 Maria Hammond at 791 Ohio Street said that they already have bad impacts there from the other attached residences, including lights on at night. She indicated her value of her house has been reduced. Member Shaw stated to the Board that she was planning to vote against the application; noting the project did not meet the requirementsof Section 165.94 –intensity of site usein the Land Development Code. She also quoted text from page 99 of the 2012 Bangor ComprehensivePlan, specifically regarding land use policy for Outer Ohio St. Planning Officer Krieg provided staff review. Jim Kiser added that this project is just on the outskirts of city and there is a diversity of development towards Griffin Road. The areais low density residential, not a rural zone. Asst. City Solicitor Saucier reviewedthe tenets 3 different permits; conditional use permit, site plan, and subdivision. Member Shaw indicated she was voting no as it doesn’t fit the environmentas noted in the Comprehensive Plan and under the requirementsfor review in the conditional use permit. Member Bazinet echoed Member Shaw’s comments. A motion made my Shaw and seconded by Perkins to approve the conditional use permit for the attached residential use did not pass unanimously by a roll call vote. The applicant withdrew the application for the land development permit and the subdivision. Member Shaw moved to accept the withdrawal without prejudice. Member Perkins seconded the motion. A roll call vote was taken and all were in favor of the motion. 10.Conditional Use Site Plan/Subdivision Plan –811 Mount Hope Avenue –Lupine Meadows -To place an attached residential development of four new duplex buildings to an existing attached residential development in the Low Density Residential District on property located at 811 Mount Hope Avenue (Map R71 Lot 33). Fred Marshall with Plymouth Engineering presented the application. DEP permitting is in process. Planning Officer Krieg provided staff review. Page5|6 City of Bangor Planning Division Planning Board Meeting Minutes -Tuesday April 7, 2020 Member Shaw moved approval of the application, conditioned upon receipt of the DEP permit prior to the issuance of a building permit, seconded by Member Brush. A roll call vote was taken and all were in favor of the motion. 11.Meeting Minutes -Meeting minutes of March 3, 2020 were approved with no changes. 12.Adjournment–Meeting was adjourned at 9:47 p.m. Respectfully submitted, Melissa Bickford Development Assistant Planning Department Page6|6