HomeMy WebLinkAbout2020-12-01 Planning Board Minutes
Planning Division
PLANNING BOARD
TUESDAY, DECEMBER 1, 2020, 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL
MEETING MINUTES
Board Members Present: Ken Huhn, Chair
Don Meagher, Asst. Chair
Ted Brush
John Kenney, Assoc. Member
Reese Perkins
City Staff Present: Melissa Bickford, Development Asst.
Anne Krieg, Planning Officer
Joshua Saucier, Asst. City Solicitor
John Theriault, City Engineer
Chair Huhn called the meeting to order at 7:06 P.M.
_______________________________________________________________________
1.MEETING MANAGEMENT
There were no updates.
2.LAND DEVELOPMENT CODE AND MAP AMENDMENT-Zone Change -200 &
210 State Street -Map-Lots 048-0256-A, 048-0256 -Gloria T. Miller -To
amend the Land Development Code by changing parcels of land, located at 200 State
Street, (Map-Lot 048-256-A), and 210 State Street, (Map-Lot 048-256) from
Neighborhood Service District (NSD) to Urban Service District (USD).Both parcels of
land containing 0.19, and 0.55 acres (total of 0.74). Applicant, Gloria T. Miller.
Representing the applicant, Northern Light Pharmacy, Andrew Hamilton, Esq. of Eaton
Peabody, reviewed the application request. Miller Drug has been in operation since 1939.
Jeff Jeter, Director of Real Estate and Property Management for Northern Light Health were
also present via zoom. Miller Drug State Street location has taken significant steps during
pandemic. The creation of thedrive-thru is important to help decrease risk. Traffic flow will
be unencumbered as more space onsite can be dedicated to queuing. Many patients that
utilize drive-thru suffer from mobility issues.
The availability of drive-thru increases access for disabled and/or physically handicapped
customers. The feedback has been overwhelmingly positive, and hope that this will stay
permanent.
City of Bangor Planning Division
Planning Board Minutes for December 1, 2020 Meeting
A drive-through is similar to other pharmacies and stores in the area. State Street is a major
arterial street, andappropriate for this allowance. Adequate queuing space will be made
available and lot will be appropriately laid out. The City Ordinance requires finding of
consistency with the Comprehensive Plan. This amendment is consistent. Staff memo
provides foundation in the evolution of State Street, and importance as a corridor connector.
Previous gas station uses, historically, leaving the State Street area for other arterial corridors.
This is a necessary zone change, NL Health wants to continue to serve the public within close
proximity to the hospital.
Member Meagher spoke to Contract Zone Changes, and potential uses in new zone. He
understands that lot size does have an effect on potential other uses and this is a mall lot.
Meagher noted he is obligated to look at all potential uses and how it would affect the
neighborhood. Hamilton advised there are 11 permitted uses in the NSD, and between USD
and NSD, 7 are common. Meagher concerned about service stations per abutter comment
received via email, and indicated current owners, the Millers, have an intended use, but that
may not always be the case in the future. Hamilton advised that gas (service) stations can
only come in as conditional use. Jeff Jeter’s added his perspective that gas stations are
incredibly expensive, most likely wouldn’t fit on lot, and unlikely that they’d see that
investment in that property.
Ilya Askinazi, property owner of 15 Forest Avenue inquired about reconfiguration, site
circulation, and reducing impacts to Forest Avenue. Askinazi had concerns regarding “loud
trash pickup”, and landscaping contractors using leaf blowers at early morning hours. He had
additional concerns of patrons waiting in bushes for Miller Drug to open, and the possibility of
other uses.
Hamilton indicated that Jeter would take information back to organization, and the Millers
have been good neighbors. Jeter was hesitant to get into site plans at this time, articulated
to the group that the proposal would not bring a significant change. A re-developed parcel
would make the lot flow better. Jeter will follow up on matters presented by Askinazi. Bernard
“Bill” Miller advised the rubbish situation was temporary and that once the build out was
completed, it would be moved back to their original location. Miller indicated that previous to
Miller Drug, there was a gasoline station at the location for many years. The Millers went
through the expense of removing tanks, twice.
Ken Lowe, property owner of 18 Forest Avenue has similar concerns to those brought up, as
well as possibility of other establishments. He feels that it’s a small neighborhood community
with residential homes, home businesses.
He was concerned about the traffic generated from Abraham Lincoln School during morning
and afternoon drop-offs. He also inquired about traffic studies and about uncommon uses that
would be allowed if the pharmacy no longer existed.
Hamilton provided a few overall comments. Gas stations are no longer smaller in scale; citing
examples of Tradewinds, Dead River, and Irving. He provided examples of Walgreens across
th
on Union Street and 14
Street, and drive-thru on site.
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He noted there would be a stiff conditional use review for drive-thru. The staff memo
addressed other uses allowed in the zone, all adequately addressed that they cannot be
located here with this size lot.
Askinazi inquired about the urban zoning allowance, if marijuana is in plans for this location.
Staff memo indicates that this cannot be allowed at location due to separation requirements.
He thinks that it’s a good idea as location is near hospital and seems conducive to the use.
Lowe expressed further concern with traffic, the school (Abraham Lincoln School), and more
residences along that area to Stillwater Avenue.
Hamilton respectsthe abutter requests to discuss site plan and conditional use review, will be
sure that happens to address their concerns. State Street is a reflection of the interesting
evolution of development in Bangor. This will be consistent with the Comprehensive Plan,
existing uses and zoning in the area.
City Engineer Theriault briefly discussed trip generation and that there isn’t a high generation
with pharmacy use. This will still be a conditional use in the zone. When site plan is presented
for review, they’ll again review site circulation. School and pedestrian traffic will also be
looked, is comfortable with a drive-thru at this pharmacy location.
Planning Officer Krieg indicated that a traffic study would be reviewed as part of conditional
use. She also provided her staff report notes:
Member Perkins appreciates the thoughtful comments and concerns, and moved to
recommend the article to City Council for amending Land Development Code by changing
parcels of land, located at 200 State Street, (Map-Lot 048-256-A), and 210 State Street, (Map-
Lot 048-256) from Neighborhood Service District (NSD) to Urban Service District (USD).
Seconded by Member Brush. Rollcall vote: Meagher, yes; Brush, yes; Kenney, yes; Perkins,
yes; Huhn, yes. Motion passes to City Council.
LAND DEVELOPMENT PERMIT APPLICATIONS
3.Site Development Plan -Gilman Road -Map-Lot R54-003 -RR & A District -
Consolidated Edison Development Inc., d/b/a Bangor ME 1, LLC -Land
Development Permit approval for site development plan for 5.0 megawatts (MW)
ground mounted solar energy generation facility, occupying approximately 37.69
acres, at property located west of Gilman Road, (Map-Lot R54-003), in a Rural
Residence & Agricultural (RR&A) District.Applicant, Consolidated Edison
Development, Inc.
Chris Byers & Dale Knappwith Boyle Associates provided an overview of application. Other
applicant representatives via zoom wereCivil Engineer, Ian Jewkes and Greg Carey. Due to
size of the project, aSLODA permitwas also filed. Proximity to interconnection capacity to
deliver to local gridwas a factor in choosing the site. Solar panels run eastto west. They are
proposing fixed tilt racking, aground mounted system. Panels will not move. The base is
driven into ground by I-beam. Geotechnical analysis occurs prior to placement. No ballasted
foundations, with the meadow underneath.
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There will be limited mowing in panel area, will be once yearly after bird nesting. DEP
permitting will indicate this. Stormwater permitting fairly simple, only approx. 1,500 s.f. of
impervious surface(small pads, cabinets, road). Natural Resource Protection Act Permit for
panels over some wetlands. Funds available to restore site to natural stateas part of the
decommissioning plan.
Inconsistencies in mowing were discussed. Several places in application indicates twice a
year. Knapp respondedthat application was filed prior to discussion with the Penjajawoc Mall
Marsh Commission (PMMC), and newest updates will reflect the commitments made and will
have indication in final order. Additionally, pollination mix is more of a conservation seed mix
of rye grass and wildflowers which will provide a suitable habitat. There will be open meadow
under the panels, approximately 3’ off the ground. Cutting will be once a year. Member
Kenney inquired if PMMC’s recommendation is acceptable. Knapp stated that conditions
proposed are acceptable for project.
Lucy Quimby of 1230 Kenduskeag Avenue, Chair of Bangor Land Trust Board, and member of
the PMMC spoke regarding proposed project. PMMC voted unanimously to recommend project
approval with a couple of modifications. Access to site was not discussed in detail. She
expressed a general concernregarding old Veazie Railroad bed, and what steps could be taken
to prevent unregulated access to railroad bed. She reminded the Board that the Penjajawoc
Marsh is a nationally recognized birding area. There is a report completed by Maine Audubon
found 126 bird species using marsh and associated areas. These include 3 endangered
species, 3 threatened species, and 1 species of special concern. Maps of locations where birds
have been sighted, many along the old railroad bed. Traffic on railroad bed risk disrupting
birds that rely on marsh. Quimby asks access to solar farm be defined so that it does not
allow access to railroad bed. Quimby wouldbe happy to work with City through PMMC, doesn’t
want the railroad bed to become an alternate transportation corridor. Accessplan needs to
be designed to protect this habitat for endangered species.
Planning Officer Krieg indicated that the railroad bed is not part of the application. Assistant
City Solicitor agreed. The applicant has to work with the City Engineer to coordinate the
construction of Gilman Road into the site.
Brandon Keim, PMMC member, spoke regarding the process. Applicants were responsive to
concerns, and the plans are as nature friendly as possible with post construction bird
monitoring.
Planning OfficerKrieg provided staff review. She discussed requested conditions.
Member Perkins motions approval for Land Development Permit for site development plan for
5.0 megawatts (MW) ground mounted solar energy generation facility, occupying
approximately 37.69 acres, at property located west of Gilman Road, (Map-Lot R54-003), in a
Rural Residence & Agricultural (RR&A) District,
conditioning that the issue of access be reviewed and approved as well as applicant providing
rd
access to a 3
party to monitor birds post construction, working with the PMCC. Lastly, no
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more than one mowing per year at the site. Seconded by Member Brush. Roll call vote:
Meagher, yes; Brush, yes; Kenney, yes; Perkins, yes; Huhn, yes. Motion passes.
4.Site Development Plan and Minor Amendment to Subdivision -777 Ohio
Street -Map-Lot R34-001-B-LDR -Glendon Braley -Land Development Permit
approval for site development plan and minor amendment to the subdivision “Meadow
Farm” including ownership style, drainage plan, and minor building revisions at
property located at 777 Ohio Street, (Map-Lot R34-001-B), in a Low Density Residential
(LDR) District and Resource Protection (RP) District.Applicant, Glendon Braley.
Jim Kiser and Glen & Anne Braley present. The Project is to amend the plan which was
approved in 2019 as single-owner rental development property with 44 units. Currently,
applicant (Braley’s) have decided that it’s in his best interest to offer the units for sale based
on interest received from potential buyers. He is looking to convert over to a condominium
development. There was a condition of previous approval noted that they must returnto
Planning Board if there was an ownership conversion.
In addition, they are bringing the application in line with the DEP approved stormwater permit
for project which includes a treatment pond on adjacent land vs. filter in middle of property.
Drainage easement is proposed for adjacent property to run stormwater to create pond under
DEP criteria. Lastly, they will be cleaning up some of the building configurations based on
what has been working, and providing housing that has been well received by perspective
tenants.
There are planned adjustments made to building footprints, parking layout design. They will
be adding approximately 7 visitor parking spaces closer to the front of the property to
accommodate overflow parking on site. Planning OfficerKrieg recommended one condition
to have final drainage easement reviewed by City prior to recording.
Member Meagher clarifiedthat a Home Owners Association (HOA) would be set up and it
would be the HOA responsibility to take care of the maintenance of the stormwater
management system. Kiser agreed, and indicated that the HOA would be responsible for all
common areas.
MemberBrush requested that Kiser summarize the minor amendments, as the paperwork was
so dense. Kiser provided that it would be a conversion of form of ownership. Currently, now
owned by Braley, as a tenant/lease property and they will be converting to condominium
development, so each owner can buy unit and become member of HOA. Under the terms,
over a certain period of time, or lot sales, the control of properties would move over to the
HOA. Also,there is a change to the stormwater management plan. This plan is currently in
review with DEP concerning the size. Braley purchased 759 Ohio Street, and decided to create
the pond on that property.
The filter bed has been taken out, putting in pond beside it. Other changes includeparking
spaces and reconfiguration of several buildings.
A discussion regarding the project completion time took place. The original project was to be
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completed by February 2021. The new application extends that out 10 years, and potentially
longer beyond that. Questions regarding stormwater management by the tenants was
discussed. Per Kiser, most condominium projects have a time frame where the occupants and
owners within the development and construction continues. There are very few condominium
projects that are built-out prior to selling the units, especially individual units in duplexes. He
indicatedthat in a couple more years, the project would be fully built out. When construction
is underway, the contractor is to manage the stormwater. Long-term that would fall to the
HOA. Currently, Braley is managing the stormwater.
Angela Gilladoga of 721 Ohio Street, emailed with concern of treatmentpond, as well as
prevention of concentration of chemicals and pesticides. Kiser noted an ongoing discussion
with Gilladoga regarding this issue, and indicated that most of the applications now are more
natural vs. chemical use. HOA might want to have higher quality lawns, and might use
fertilizers and weed control. Most applications are done on low dosing volume. This will be
more of a settling pond for erosion control and to take off driveway/roadway nutrients. DEP
has not issued any additional controls, other than more monitoring of volume. There’s not a
high volume, so they do get carryover water throughout the year, won’t be a stagnant pond.
Typically, ponds wouldbe constructed in the summer.
Brandon Keim of 721 Ohio Street, emailed with concern and was also present via zoom,
wanted clarification as to where the pond would be located, as well as the square footage.
Kiser noted that it would be less than 6,000 s.f. Keim is not opposed to this project, but had
concerns regarding pesticide and herbicide usage, and inquired about the possibility of issuing
a condition of the permit to include restriction on pesticide, herbicide and other road chemical
usage to prevent pollutionthat goes into the pond. Discussion regarding HOA membership,
and restrictions. Kiser again noted that most applicators are going to more natural products
for insect and weed control. Keim inquired about water testing in the future to see what
contaminants are getting into the pond. DEP does not have this requirement. There’s
currently nothing in management plans (or future plans) to address this. Cost associated with
testing was discussed. Further discussion regarding the Planning Board making this as a
condition that could be enforced and if it was appropriate. Ultimately, it was determined that
Keim would send Kiser a listing of highly detrimental chemicals for review. Kiser would discuss
with Braley.
City Engineer Theriault noted that there was nothing unique with this development, and that
standard stormwater treatment measures that DEP and the City of Bangor require developers
to utilize. The City of Bangor has 6 impaired streams, and use the same type of measures.
Theriault doesn’t think it’s necessaryto requirethat water testing occur in treatment ponds.
Additionally, this is not part of Best Management and Practices (BMP) treatment program.
Theriault furtherindicated that there was a considerable amount of land on property that
would not be developed, and that there would be a long grass swale. Theriault advised that
if the project was in an impaired stream area, there would be some different requirements,
and that he was concerned about putting those type of requirements on this development. If
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the HOA was to put something into their paperwork on their own volition, the City would not
be able to enforce this.
The staff memo was discussed, furthering thequestions about HOA requirements for
maintaining the stormwater. This would need to be incorporated into the documents. The
Board reviewedthe “common elements” to include stormwater treatment, conveyance
systems, street lighting. Kiser waiting for Assistant City Solicitor Saucier to provide any
additional comments.
Member Kenney movedapproval for Land Development Permit for site development plan and
minor amendment to the subdivision “Meadow Farm” including ownership style, drainage plan,
and minorbuilding revisions at property located at 777 Ohio Street, (Map-Lot R34-001-B), in
a Low Density Residential (LDR) District and Resource Protection (RP) District, with the
condition that condominium association documents, as well as the drainage easement be
reviewed by the City Solicitors office. Seconded by Member Perkins. Roll call vote: Meagher,
yes; Brush, yes; Kenney, yes; Perkins, yes; Huhn, yes.
5.Site Development Plan -450 Essex Street -045-009-C-Momentum, Inc. -
Land Development Permit approval for site development plan for construction of 28’ x
30’ garage, reconfiguration of parking area and traffic flow of the property located at
450 Essex Street, (Map-Lot 045-009-C), in a Government & Institutional Service (G&IS)
District. Applicant, Momentum, Inc.
Brian Ames presented the application on behalf of theapplicant, Dennis Strout, who was also
on Zoom. Momentum, Inc. provides services for individuals inMaine with intellectual
disabilities since 1996. The proposed garage meets the 30' setback from the propertyline,
noting the stockade fence providing sufficient protection of property. Parking remains
sufficient for the proposal. No changes are proposedfor parking lot except for small circulation
changes. Lighting will be directedto pavement itself. The buffer areas and landscape areas to
remain as they are, there will be no changes for stormwater, or access to existingparkinglot
or access to roadway.
A question to the purpose of including the Triple Net Lease agreement in the Planning Board
meeting materials was discussed. Per Assistant City Solicitor Saucier, this is to prove right,
title and interest to the property.
Member Meagher movedapproval of the Land Development Permit for site development plan
for construction of 28’ x 30’ garage, reconfiguration of parking area and traffic flow of the
property located at 450 Essex Street, (Map-Lot 045-009-C), in a Government & Institutional
Service (G&IS). Seconded by Member Brush. Roll call vote; Meagher, yes; Brush, yes;
Kenney, yes; Perkins, yes; Huhn, yes.
OTHER BUSINESS
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6.Meeting Minutes –Meeting minutes of November 17, 2020 were not available for
review.
7.Adjournment –Meeting was adjourned at 9:12 P.M.
Respectfully submitted,
Melissa Bickford
Development Assistant
Planning Division
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