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Home My WebLink About2022-05-17 Planning Board Minutes PLANNING BOARD TUESDAY, MAY 17, 2022, 7:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR CITY HALL ALSO; ATTENDANCE VIA ZOOM MEETING MINUTES Board Members Present: Ken Huhn, Chair Reese Perkins, Vice Chair Michael Bazinet (Zoom) Ted Brush Alison Coladarci (Zoom) John Kenney Don Meagher (Zoom) City Staff Present: Anja Collette, Planning Analyst Anne Krieg, Planning Officer Brittanie Thomas, Asst. City Solicitor Chair Huhn called the meeting to order at 7:00 p.m. LAND DEVELOPMENT PERMIT & MAP AMENDMENTS 1. Land Development Permit Application for Conditional Use – Site Development Plan - 35 Queen City Boulevard – Map-Lot R08-006 – Urban Industry District – Queen City Mining, LLC - Land Development Permit Application for Conditional Use renewal approval for previously permitted internally drained mineral excavation quarry located at 35 Queen City Boulevard, Map-Lot R08-006, in an Urban Industry District (UID). Conditional Use Permit received from City of Bangor Planning Board on April 21, 2019. Applicant: Queen City Mining, LLC; Agent: Plymouth Engineering. Randy Gardiner, one of the owners of Queen City Mining, made the following points: Is an ongoing quarry operation that’s been in business for 8 years. There’s no new information- continuing to mine inside the area originally permitted. The quarry makes aggregate products for widespread use in the area. There were no comments or questions from Board or the public and no comments from Staff Vice-Chair Perkins moved to approve the Land Development Permit Application for Conditional Use renewal approval for previously permitted internally drained mineral excavation quarry located at 35 Queen City Boulevard, Map-Lot R08-006, in an Urban Industry District (UID). Conditional Use Permit received from City of Bangor Planning Board on April 21, 2019. Applicant: Queen City Mining, LLC; Agent: Plymouth Engineering. The motion was seconded by Member Kenney. All members were in favor, roll call vote was not taken. 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 – May 17, 2022 2. Zone Change – 311 Broadway – Map-Lot 046-053 – Urban Residence District 1 (URD-1) to Urban Residence District 2 (URD-2) -To amend the Land Development Code by changing a parcel of land located at 311 Broadway, Map-Lot 046-053, from Urban Residence District 1 (URD-1) to Urban Residence District 2 (URD-2). Said parcel of land contains 0.12 acres. Applicant; NKSE LLC, Agent: Kiser & Kiser Co c/o Jim Kiser, PE. Jim Kiser, of Kiser & Kiser Co, representing the applicant, made the following points: Approximately 1 year ago, a zone change was requested for the abutting parcel for a new duplex unit. For the lot under review today, the residence burned down and was demolished. The owner offered to sell to the applicant, who accepted and now wants to put up another duplex. Is requesting a zone change to URD-2. No questions or comments from the Board or the public and no comments from Staff Member Brush moved to recommend amending the Land Development Code by changing a parcel of land located at 311 Broadway, Map-Lot 046-053, from Urban Residence District 1 (URD-1) to Urban Residence District 2 (URD-2). Said parcel of land contains 0.12 acres. Applicant; NKSE LLC, Agent: Kiser & Kiser Co c/o Jim Kiser, PE. The motion was seconded by Member Kenney. 5 to 2 – Vice-Chair Perkins and Member Coladarci in opposition. Vice-Chair Perkins feels that this is leaning to spot zoning. Kiser felt that this was not spot zoning, as it was abutting another property that was URD-2. Member Coladarci could see that swath becoming URD-2; she doesn’t oppose the property going to URD-2, but it feels more efficient to look at the overall neighborhood areas during the Comprehensive Plan process. OTHER BUSINESS 3. Workshop Discussions – A. Spot Zoning – supplemental materials provided in the packet were discussed, as well as growth boundaries, zone changes in areas predominantly URD-1 going to URD-2, difficulties redistricting neighborhoods while working on Comprehensive Plan, 2019 Housing Report (illegal multi-family units, number of units, changing zones to help with housing, mini-villages/nodes, neighborhood committees to assist with concerns), equity issues surrounding URD-1 and URD- 2 properties, encouraging use of Neighborhood Service Districts, preservation of neighborhoods such as the Tree Streets, Little City, Bangor Gardens. B. Flag Lots – Ed Bearor with Rudman Winchell presented on behalf of Rob & Mary Prybylo, who reside on Hudson Road, regarding recent amendments to the Land Development Code for solar arrays. This is in the RR&A zone. They were approached to do a solar array on their property, but there’s not enough land to create two lots. Page 2 | 4 City of Bangor Planning Division Planning Board Meeting Minutes – May 17, 2022 They only have 375’ of frontageand 200’ of road frontage is required in RR&A, so they can’t divide property and still create conforming frontage. Flag Lot provision allows for building a right- of-way back 200’ and then creating the flag, but this must be done within 200’. In this instance, the house is more than 200’ back from the roadway. The current 200’ limitation presents an impossibility to proceed with the development of the rear of the property for the solar array. The simplest fix as they can see is eliminating the 200’ maximum length for the flag lot provision in the current ordinance. Not sure why it is 200’, or why it would be limited. There are a lot of long properties like this one. Thinks it would be preferable from a land planning standpoint to have solar arrays as far back on properties as possible. Planner Krieg stated that she was unable to locate exactly why 200’ was chosen, but she’s guessing it has something to do with the 200’ lot width in the RR&A zone. Mr. Prybylo stated that approximately 3-4 years ago, he received letters from solar companies expressing interest to do something with the parcel. In February 2022, he received a proposal providing more detail and a map, showing how it would be configured. It would be on 35 acres in the rear of the lot. The map is showing a 35’ ROW but would require a 50’ ROW. Looking to enter into a preliminary commitment with the company. Vice-Chair Perkins inquired if this could be taken care of with a Conditional Use Permit. Planner Krieg clarified that the conditional use would be that if there’s a flag lot over 200’, approval would be conditional; she advised that was possible. Board discussed ROW standards and easements and limiting the use of this parcel. Chair Huhn felt that the applicants needed to collaborate with Planner Krieg to work out the details. Planner Krieg advised that she wanted the Board to understand the complexity of the issue. Planner Krieg will work on language, will work with the Prybylo’s, and return at another date. C. Boarding Houses – Business & Economic Development Committee requested Staff to return with a different approach to boarding houses that speaks to the concerns people expressed about why they didn’t think the use would be compatible and to think about different places where these might be compatible. Offering to have language that requires an on-site manager since that seemed to be a comment that members of the Board and public expressed. Will also look to change where it’s allowed (neighborhoods) and will have a major arterials allowance. Discussion of public misunderstanding of boarding houses being used to house homeless, which isn’t the use at all. Planning Officer Krieg stated that under the State building code if you rent more than 2 rooms in your house, you have a higher level of scrutiny from Code rd Enforcement, as well as permitting requirements. The 3 room puts you under the State building code. Chair Huhn stated it definitely needs to be separated out from Bed and Breakfasts. Member Meagher agrees with changing all boarding houses to conditional uses but also thinks the conditional use provisions (specifically standard A.4) should be changed/clarified. Page 3 | 4 City of Bangor Planning Division Planning Board Meeting Minutes – May 17, 2022 Other discussionsincludedexcludingboarding houses from URD-1, questions about the notification process, the current location of the 7 boarding houses in Bangor, and questions about why Boarding Houses aren’t considered “Commercial.” 4. Comprehensive Plan Check-in – Approximately 35 people came to the Visioning Session; moving forward to create Vision Statement, will return to the Board for review. Will be at the th voting polls on June 14 for more public interaction, as well as at the Farmer’s Market on Sunday, nd May 22. Be sure to completethesurvey! 5. Meeting Minutes – May 3, 2022 –Vice-Chair Perkins moved to approve the meeting minutes with no additions or corrections, seconded by Member Brush. No further discussion, all members in favor, no roll call vote taken. 6. Adjournment 8:26 P.M. Respectfully submitted, Melissa L. Bickford Development Assistant Planning Division Page 4 | 4