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HomeMy WebLinkAbout2022-08-02 Planning Board Minutes PLANNING BOARD AGENDA TUESDAY,AUGUST 2, 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 Ted Brush John Kenney Don Meagher Lisa Shaw City Staff Present: Anja Collette, Planning Analyst Anne Krieg, Planning Officer John Theriault, City Engineer Brittanie Thomas, Assistant City Solicitor Chair Huhn called the meeting to order at 7:00 P.M. LAND DEVELOPMENT PERMIT 1. Land Development Permit Application - Minor Subdivision – Conditional Use – Lancaster Avenue – Map-Lot 044-043 – Team Properties, LLC - Land Development Permit approval for a Minor Subdivision, a Conditional Use for proposed planned group development of 12.13 acres, at the property located on Lancaster Avenue, Map-Lot 044-043. The proposal is for 30 duplexes with accompanying site changes/amenities, utilities/stormwater, parking, and access driveways. The property is governed by the requirements in the Low-Density Residential (LDR) District. Applicant, Team Properties, LLC. Emily Ellis, Team Properties, LLC presented the following: Two goals for this project: 1) be part of the solution for the lack of affordable housing and 2) be a good neighbor to integrate new housing into the existing neighborhood More than 60 single-family dwellings built in Bangor in the past decade by her company and crew These will be 1520 square feet,2 bedrooms, 2 baths – will be a growth opportunity in a conveniently located new subdivision in a well-established neighborhood Lawn maintenance is taken care of by the management company This parcel of land has been on and off the marketfor the better part of 15 years 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 – August 2, 2022 o Some neighbors purchased buffers behind their homes This is an opportunity to fulfill the current need for housing and welcome the next generation of buyers into our community Will use locally supplied materials by Hammond Lumber, following all Bangor City Codes Board Members presented the following questions: Width of proposed roads with right of way – o 22’ private road Residential road calls for 50’ –Ms. Ellis indicated that it’s a private street –50’ right of way would be if City takes over roadway –this is not the intention that this becomes a City street. The citywill not plow or take care of it. HOA will take care of maintenance. East Broadway will be extended and the city will take it over once it’s constructed to City standards. Per John Theriault, City Engineer, this is a driveway for the development, not a city street o Per Ms. Ellis, the plan is to have a property management company manage the property forthefirst 10 years. At each closing, $2,000 will be put into the HOA so by the time \[Ellis’s team\] leaves the development, there will be $120,000 in the till. Driveway vs. street definition Parking spaces – density per unit –2 per unit on the plans – how do you intend to deal with guests and/or children having extra cars, etc.? o City says that 1.5 parking spaces are needed for each home, so there’s extra space. Is a private street, not unlike a public street, so there will be on-street parking. HOA would have to address itif there’s an issue with this. Overflow parking is on the street at this time No intention for central parking area o 2 allotted per house at this time o No HOA bylaws at this time, will be done once Planning Board confirms subdivision Utility sheds, maintenance sheds, garages for maintenance equipment –nothing in the plans for this o HOA will decide how they want to move forward, typically they will hire crews that bring their own equipment o Storage allowed in the mechanical room, located behind properties - the way it’s been designed is such that when you’re on your back deck, you don’t see Page 2 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 your neighbor –jut-out with mechanical room for both properties – more buffers for privacy Traffic Study o Performed by Team Properties, LLC, based on City Engineer recommendation o City of Bangor also did study. John Theriault, City Engineer, provided review of traffic study: Study was done in the AM & PM peak hours, before school was finished o Busiest morning and evening hours Used the ITE Trip Generation Land Use Code to determine the number of trips associated with townhouse development o AM Peak hours – 26 vehicle trips associated with 60 units (one-way trip, entering or exiting) o PM Peak hours – 31 vehicle trips associated with 60 units (one-way trip, entering or exiting) Did count Essex St & Lancaster, Alden Street & Broadway at those peak hours Level of Service Analysis performed o Alden Street – Level Service B Acceptable level of service o Essex Street –Level Service C Acceptable level of service 15-18 seconds of average delay to make a left out of Lancaster Street to Essex Street o No other traffic engineering issues observed by City Engineer Theriault –Essex Street sees 8,000 vehicles per day –Alden Street and Lancaster Street are not that high – sometimes you’ll have to wait 30 seconds to make a turn o DOT reports traffic on Alden Street to be between 1,000-1,400 vehicles per day – the proposed site development will generate 300 vehicles per day – volumes still fairly low in terms of typical traffic volumes on City streets Market Pricing o Goal is to keep it affordable, new construction -$250,000. Pedestrian access to Essex Street across City open space o There is 30’ of this parcel that goes onto Essex Street-will be a part of the public path that goes out to Essex Street,on the side withthe sidewalk; people would head north toEssex Woodswhere there’s a new City parking area. Will be putting in a lighted crosswalk for people to get over there. Intends that this Page 3 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 would be year-round access. It’s up to whoeverusing the pathway – regular walking trails in the winter are packed down –they’re not all great for snowshoes, but would be there for someone to use it. HOA Documents o Will be available once Planning Board approves, Chris Austin at Rudman Winchell will be producing the documents o Staff recommending that, should the board act on the application, that there be a condition for HOA documents be approved to form for legal review prior to recording. Other condition that staff requests is coordinating the crosswalk off-site Scott Braley, Plymouth Engineering – is working on the project, wanted to provide more technical support before hearing from everyone else – provided the following: o Concurs with City Engineer Theriault on traffic numbers o Provided technical, construction, and engineering details that went into the project: Project was approved in 2006 initially, but not constructed, which is why we’re back before you – time limit ran out, must go through permitting process again DEP stormwater permit done in 2006, amended in 2007, did not require Planning Board action – that permit is in process of being transferred to the new owner with minor revision because we’ve gone from a different type of building in 2006 to duplexes now 1900’ internal roadway – is a private road - private road standards are city standards –20’ travel way–curb to curb is 24’ –2’ shoulder either side Maintained by HOA, along with the rest of the infrastructure Development governed & maintained by HOA City Solicitor to review HOA documents before City issuing building permits City street vs. private road –there will be a200’ extensionof East nd Broadway right-of-waytoprovide a 2 means of egress (primaryegress being off Lancaster) for residents and emergency vehicles - creating a loop Water main on East Broadway will be extended and tied into water lithe ne in their development. This looped system (vs. the current dead-end) will provide enhancement to all on East Broadway and this development. Page 4 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 Sewer will be private, HOA responsible for maintenance upto East Broadway –at East Broadway, a couple of stubs will be added in case sewer work is ever done to tie into manholeanon East Broadway. City will take over sewer from North French Street connection up to the development’s manhole at the intersection with private road and East Broadway. Easements to be developed. Will have overhead utilities provided by Versant Power Stormwater – will be collected, streets will be curbed, and will have a closed system with catch basins and storm drains that will go to a wet pond so that all the roads and part of the houses will be treated in a wet pond that meets DEP requirements, and there are some smaller filter swales behind some of the houses for treatment Perimeter – project requires Type A buffer– subtype 1 – per City Codes, intend to use existing vegetation where it exists and do plantings in other places to create buffers along the perimeter Grass trail – that is going to assist with a lot of things– will connect to Essex Street and Essex Woods. It will be an opportunity for neighbors to come out of their back door and get on this trail – could help fact that Lancaster/East Broadway has no sidewalks Received through City Staff several comments from interested parties – found no issues in those comments that go beyond the due diligence and findings City staff made – we find that the project meets the requirements of Chapter 165 for land development, Article 18 for subdivision review, and the density requirements of 5 units per acre. Because it’s a Planned Unit Development and we’re dealing with duplexes, there are over 9 acres of green space available for use and recreation for both the residents of the complex and the area residents. Met conditional use standards – Chapter 165-9. Staff reviewed this in depth and went back and forth, and their due diligence has helped find things we needed to change. In summary – per the staff memo, after extensive review and revisions, staff have no other issues with this application – goes to the level of review and comments by City staff that were responded. o Pre-Post Stormwater Flows and Permitting DEP standards fa or stormwater permit only require treating for quality – The wet pond will also treat for flow rate (quantity) Page 5 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 With regard to neighbors, that stormwater is being collected and going down to East Broadway and dischargingtowards I-95 and the end of the undeveloped portion of East Broadway Public Comment: Robert Strout – 697 North French Street traffic questions – are \[staff\] assuming 1 vehicle per house? Clarification received from City Engineer Theriault that ITE takes into account “typical townhouses” in determining traffic.Mr. Strout states that there are multiple vehicles at homes in the area, has concerns about the amount of traffic. The problems are taking lefton Broadway from Alden Street. Walking in the winter isn’t that great in this whole area. We have people who are elderly, wheelchair bound. With more people coming in, at price quoted, you’re not going to have doctors and lawyers in this area. David Evans – 97 Bill Street – These people coming in that would to go to concerts, drink beer and whatever, they haven’t built a house – they’re moving into a duplex development. The concern that this will turn into a mini-Capehart and I’m not interested in this. There will be other houses up for sale. Because I built a house, and then I bought this house and take care of it, people that come in with something already built, they have no interest, no skin in the game. It’s a situation after a few years or 6 months, the lawn isn’t mowed and before you know it, you’ll have a mini- Capehart. That plus the water factor. Unsure if City is aware of the spring problem in the area. Springs run and if you divert the water towards East Broadway, it’ll come out on the corner of Alden Street and you’ll have an issue every spring, which is a hazard when you walk. Not sure how that’ll be taken care of, not sure of the pond they’re talking about. You’ll get a lot of water down that street and will cause freeze- ups. The city has enough problems in that area. Keep that in mind when you’re thinking about the project. It’s not just the technicalities being covered, it’s who else lives in the area, has lived there, and wants to continue living there. Mike Wood – 1411 Essex Street – with a condo or PUD, you’re not allowed to let your yard get disheveled – documents tell you exactly what you have to do, maintenance dictated by condo documents. Wanted to clarify this. Won’t turn into a specific housing project, this will be nothing like that. Don Temple – 652 Essex Street – lived and used the back field for 22 years, maintained it, mowed it, played with the dog, shot golf balls - know the land has ledge problems. Has had the pleasure of having the country in his backyard. Has been told his house valuation will be going up when he has 60 units in his backyard. Has money, can go live in the country. Concerned about water pressure. Neighbors don’t have Page 6 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 water pressure as it is. Can’t run the hose outside and partner shower at the same time. Need this addressed. A lot of other issues –traffic –can’t get out of yard some mornings. Lancaster should be out of equation regarding access, only access through East Broadway as in the original plan. Didn’t oppose this in 2006, but oppose it now. Neighbors all have ½-acre lots. The city should consider buying property since it is unusable area and make it a recreational area. He is concerned with card paper housing. He thinks there is no way a house can be built for $200/square foot and have quality housing. The city will end up owning cheap, shoddy housing. He was in property management for 45 years, so I know what I’m talking about. Keith LaPlante – 70 East Broadway – spoke with City Engineer about traffic, knows about statistics, average numbers, etc. Involved with other things, but guarantees it’ll be more than 2 cars per unit, especially with the demographics they’re looking to put in there. East Broadway is only 14’ wide. When one truck is parked along the street, you can’t get through. You’ll have to move utilities. East Broadway can’t handle this without widening the road, which means we lose frontage. Fire flow – is the Fire Chief involved in this? We have no water pressure, has the fire chief been consulted? o Theriault – Fire Department and Water department are involved in the reviews Is there enough room for school buses and fire trucks? You have to look at the whole picture and demographics. o Theriault – suspects that kids will have to walk to a bus stop Not totally against this is being here, but why not use other access points and save heartaches for other people? Look at it from common sense engineering perspective. Lived here for 20 years, can’t see traffic going up and down East Broadway when two large trucks can’t go by. Travis Doody – 692 North French Street – spoke w/John Theriault, lived here sinctakes90 – take a lot of joy in being in neighborhood and spending time with neighbors. Concerned about children being able to walk up and down the street to the and dog park, pedestrian safety at Lancaster & Essex Street. No talk about getting from North French Street to get up the rest of the way. Better suited for crosswalk at Lancaster & Essex Streets. He concurs with neighbor that area could be used for recreational purposes so we don’t have to cross Essex Street. Disagree with computerized system that City Engineer has – counted a lot of cars, more than just what the program is telling you. Concerns about the traffic. We don’t have a lot of pedestrian access, it’s going to be a problem, worried about children’s safety. Could do more on pedestrian safety Street all the way up to Essex Street. Brian Ames – 124 Lancaster Avenue – comment regarding specimen trees – magnificent trees in this area – unsure how they’ll be impacted, no info on plans, no Page 7 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 details. Needs to be embellished in terms of submittals. Public spaces – any indication spaces will really be and what they are? What benefit will that be? Are these walking paths going to be usable in the winter –will peoplereally walk in a grassed area in the winter? Traffic is a big issue, especially pedestrian traffic. The speed of traffic is in excess of posted amount. Big issue that he hasis the use explosives – we all know there is anextensive ledge, will need extensive blasting for utilities – what is the consideration in terms of the geotechnical engineering report outline this? We heard affordable housing, but how low does that have to go? $250k should show more than what’s on the drawings. Melissa Bolduc – 151 Lancaster Avenue – lived there her whole life off and on – has seen significant increase in traffic. Reduced since Convenient MD went in. Increased traffic through streets to Essex. People speed though street, litter. She cannot allow daughterto ride bike on streetand there’s not enough room for sidewalks. Is a major concern with more vehiclescoming in. Frankly, doesn’t think 30 vehicles/hr.whichis accurate. These will be 3-bedroom townhouses, can have up to 3 cars. No answer to overflow parking. This will be a private road, not city maintained, but will use our roads to come in to build development. More pot holes, more vehicles. Overflow of traffic and parking on roadways –on Lancaster? That’s our road- there’s not enough room to walk, let alone room to park. Other question that I have is, wondering whether. that 30/hour is factoring in the Convenient MD traffic? Also, living on that corner, so many times it’s been hard to get out of her driveway with 4-5 vehicles trying to turn on Essex Street. Unidentified resident wanted to have the builder Mike Woods address the blasting: o City Engineer indicates that a Blasting Permit is required and notice is required to homeowners within 24 hours. Homeowners within 500’ can opt for a pre- blast survey. Dwight McIntosh – 55 East Broadway – a lot of reference to “we’ll do this, we’ll do that when approved.” If that Mike Woods doesn’t know that whole area is loaded with ledge, something is very wrong here. o City Engineer advised that they have an idea where the ledge is – confirmed by applicant How come there are so many, “if it gets approved”. There’s nothing laid out to even see this, if the association will do “this” or “that.” What if the association breaks down? You have mayhem. Someone and needs to be responsible enough to step forward, put the foot down on these matters that we don’t know about. I’m livid. Sees a lot of loopholes and approval for this and but doesn’t see answers here. A lot of grey area, which is very dangerous for any municipality, neighborhood, potential buyers. A lot of Page 8 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 “what if’s.” If you need the fire department, you’re not going to get them through with vehicles parked along the roadway. Zoe Bolduc – 151 Lancaster Avenue –concerns as a young person – and one of them is that she lives at the corner, has a fenced-in backyard. Sometimes if you’re playing soccer outback, the ball will go over the fence-what if the ball goes into someone’s backyard? That’s uncomfortable for someone to go get… another concern is the wildlife in the area, deer and fox – where are they supposed to go when there’s a development being built? Matt Bolduc – 151 Lancaster Avenue – thinks it’s feasible that we can do anything we put on paper as humans, but what this is quickly becoming is that the neighborhood doesn’t think this is a great idea. If we let one person’s idealism rule over the whole neighborhood, doesn’t think that’s right. Now you want to put apartments in when there are houses. Road is already narrow – very narrow. Lived there for 15 years. Raised two kids. Been almost run over multiple times, yelled at, cars stopped. The truck yelled at us because you’re walking. Bangor PD doesn’t have capacity to deal with more problems. They are absent in our area, never show up in the area. He understands why – issues downtown, with the homeless. Concerns about light pollution in and the area. Grew up in Bangor, it’snot Bangor’s problem to solve housing crisis. Agrees about water pressure. Nobody is going to walk Essex Street in the winter, that won’t happen, plows make it inaccessible. All these concerns are valid. It’s not just the people that live here as well; you’ll have electrical companies coming in, Amazon deliveries, UPS in and out all the time, it’s not just the 30 cars going up and down the road. Speed, aggressiveness, texting and driving, we don’t need more problems. David Dunna –634 Essex Street –concern with density of project –twice as many units as in the 3 streets surrounding. Units 6 & 7 are in our backyard. Builtabeautiful house, consider it a decent value, but there’s no way that they won’t devalue property. Majority of water that comes onto our property is from this culvert. Thepreviousoffer was made to purchase buffers. Previous owner had offered that property to us, then reneged on the deal In the meantime, he built a beautiful house, and feels that if this project was decreased by a few units, and they’d be a better neighbor. Michelle Libby –116 East Broadway –entrance will be very close to property – concerned about the tightness and how the development will be in a place like this. Has been in the area since 2. There areplaces to develop and places to not to –this is a place not to. There are children, wildlife, elderly. Mother just moved in and feels like she’s burdening her mother with this. Is a progressive person, but this won’t progress our city in a way that will bring any good – thinks that it’ll cause problem and Page 9 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 open up a can of worms. Wants to see a development done right, in the right place, but doesn’t see it happening. Ned Irish – 119 Lancaster Avenue –there are a few of us that are under 45, not many of us in neighborhood. Lived here for 5 years, \[partner\] has been there for 10 years. We will put nearly 100,000 into property this year. Spent a lot of time and moneyon the property. Lived all over the country. Have a lot of thoughts about this. In regard to traffic study, has a speed study been done? \[City Engineer –no speed study has been done\]. Suggests that it be done. People drive very fast. They don’tcare about who is on the street; outside of volume, speed needs to be regarded too. Concerned about lighting and impacts. In regard to peak hours study – only30 carswere estimated? \[City Engineer - 30 additional cars\]. Talking about 60 units geared towards young professionals. For a lot of people our age, trying to get a house that’s $250,000 is a challenge –what you find, if you put 30-year old’sin their first house in a new development, you’ll see a lot of cars, a lot of activity. Thinks it’s the Broadway extension where there is a 3-way stop – any thought about a stop sign on Bill Street? Lori Cote Dunn – 634 Essex Street – raised a child here, knows about vehicles and driveways. With a 3-bedroom house, will be more than 2 cars- they’ll have friends over. Most times, I have no less than 5-6 cars in driveways. There will be a lot more traffic. What about trash? There’re no way trash trucks will make it in there? Dumpsters? How often to be emptied? Will there be rats? We have impactedfar more than anyone else, has a pool back there. There are 3 houses that will be in my backyard. Tried numerous times to buy extra land and to avail. If this goes forward, we’d love to buy land, need a buffer. Been there since 2003. Is there any reason why there has to be that many units? Can it be scaled down in any way? Whole concentration is on our side of Essex Street. Have deer in backyard all the time. We have a nice neighborhood. Not here to tell anyone how to use land, but overall size of project is way too big for our little area back there. Mike Wood clarified entering/exiting points – can use either Lancaster or East Broadway –itloops around o Unidentified neighbor mentioned trash removal, dumpsters – askedif there are going to be dumpsters – is the Broadway shopping center manager, there are rules to follow there –if this is going to happen, will there be Casella pick up or dumpsters in corrals? Ms. Ellis advised that these properties are single the family homes,will pay taxes, and will have a receptacle from city so no need for the dumpster out of athe gate-we’ll see how that goes Road is 24’, same size as city street Page 10 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 o Unidentified neighbor asked how wide East Broadway was City Engineer Theriault advised he wasn’t sure offthe top of his head – advised that section would be widened, which will helpentering/exiting Wanted to know how two vehicles are able to pass on that street at the same time, and also UPS/FedEx, etc. It’s impossible to get by one of these vehicleswhen it’s parked on East Broadway – that’s a fact. It’s not an assumption. Lives on East Broadway – concerned about how many things are “if it’s approved.” It’s n, people, to us, it’s not fair to you – we need answers. You people need these answers. They don’t even have a HOA fee, nobody knows – how do we know as abutting land owners if any of this is going to be affected? Michelle Libby –116 East Broadway –water source – does anything need to be done? Finding out how this will affect the rest of the neighborhood? o City Engineer Theriault – Water District reviewed plans; they are looping the system, which is a benefit, not a detraction, for water pressure, reviewed procedure and requirements Monique Bolduc via Zoom, family resides at 151 Lancaster Avenue – developing an older neighborhood such as this one, you’re talking about displacing people that have been there a long time to put in a for-profit housing area. There’s nothing in the Bangor Mall. There’s a lot of land in Bangor that can be utilized that would not pose a problem that this is. An entrance off Lancaster Avenue is going to be a huge issue. Kids walking through these units to take a bus on Lancaster Avenue. More problems, and will create bigger problems. This is not the right place for this development. Can show you lots of places that you can build and this isn’t the place. There are water issues. No sidewalks on Lancaster Avenue. All these issues need to be fixed. Unable to take the left onto Broadway from Alden Street.Makingthis issue worse-that’s notwhy I pay taxes inthis city –to create issues like this in an area that’s not meant to have 60 units -find another place. Kelly Hashey – 687 North French Street – speaking on behalf of neighbors that reside at Alden Street and North French Street – they couldn’t be here, as only 7 business days were provided for notice of meeting. People need more time. Ms. Hashey stated that she’s sent two emails to City with40 questions. Flippant answers from two people –heard that none of these comments are an issue –how do I know my comments have been read?What are the answers to these? What are you going to do about wetlands to minimize the impact? Sewer goes across private property, no map provided. Sewer goes across private property, no map, and it says that there’ll be a City easement with public access on private property. Resents being lectured on Page 11 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 welcoming people and what kind of neighbor I’m going to be. I can be the worst nightmare you’ve ever seen and no one can regulate that! Zoe Bolduc – 151 Lancaster Avenue –respectseveryone’s opinions, but all the neighbors have come here tonight, shows a lot about how much this means to a lot of people and how much this would affect a lot of people Melissa Bolduc –151 Lancaster Avenue – we have been here for a long time, generations upon generations of families in this area, all telling you the same things, there will be taxpayers problems in the area without bringing in 60 new units. We‘re all tax payers and have had to bear the burdens. Concerns from all of us are very much the same. As taxpayers, what right do we have besides standing in front of you? We’re so strongly against this – what else can we do besides being told “too bad?” o Anne Krieg – the he Planning Board is empowered to review applications to assure they meet land development code. The requirements for conditional use involve a higher level of review vs. regular land development permitting. There’s also the subdivision portion – one lot and extension of the roadway. In terms of recourse, there’s the an appeal process – if you feel the Planning Board has not acted according to Land Development code, you have a right to appeal HOA responsibility is private roads, but they’re utilizing public facilities – waste, medical care, etc.- how does that work? They’ve got no responsibility for additional costs to those that live on the public roads – how can you put in a private road that’s not the responsible for public use? o Anne Krieg – City staff and departments review application to make sure that it meets requirements. Planning Officer Krieg advised that public streets are everyone’sright to driveon. City staff want to work with applicant on HOA documents and trash, requesting to continue to another meeting. Chair Huhn asked Ms. Ellis if Applicant had neighborhood meetings with group? Ms. Ellis mob mentality’s been involved in meetings with neighbors in Brewer and there was a mob-mentality because no one wants anyone in their backyard. The other point that Ms. Ellis to make is that the private road is maintained by the HOA – which HOA is really different than what people are used to. Not waffling on things-if HOA and homeowners decide that they want to do something different, theycan do that. We have the tax assessor come, pre value on property – we don’t pay less in taxes because we’re maintaining our own road. If we all want to keep living Page 12 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 in Bangor, it’s relevant that we share the wealth of tax base with other people – that’s one of the aims, too. I live in Bangor, and want to be sure there is housing for those that come to Bangor. Vice Chair Perkins simply asks that everyone has a chance to speak, say opinion, and asks everyone to be respectful of this. Meetings can get out of control and people get emotional – understandsthat. We all live in the City. This is hard for us too, we care. We volunteer to do this. Please provide everyone respect, that includes Ms. Ellis. Please let them speak. Member Meagher askedAnne to comment on what we just heard from applicant on if the HOA got together and wanted to change e something in this development – for example, changing from a private road to public road - that change would have to be reviewed by the City and approved, correct? Planning Officer Krieg stated that yes, it would have to come back to the Planning Board and it would be a public process. HOA’s are generally incorporated and recorded with subdivision plat. Further questions to follow up, out of respect for the agenda, will continue to the next meeting on August 16, 2022. Member Meagher moves to continue this item to the next meeting of August 16, 2022, seconded by Vice Chair Perkins. All members the in agreement. There will be no additional notification of the meeting, website to be updated with additional information. 2. Land Development Permit Application – Site Development Plan – Flag Lot – 59 Hudson Road – Map-Lot R11-024 – Robert and Mary Prybylo - Land Development Permit approval for Site Development Plan for creation of a new 35.4 +/- acre flag lot with greater than 50’ of access length at the property located at 59 Hudson Road, Map-Lot R11-024, in the Rural Residence & Agricultural (RR&A) District - applicants, Robert & Mary Prybylo. Robert & Mary Prybylo, applicant, presented the following: Creating aflag lot on existing 66-acre parcel located at the 59 Hudson Road Creating an access corridor that runs along northern property line, flag lot to be on rear of lot at wooded section, will be 37.5 acres Existing lot is narrow and deep, trying to maintain to the extent that they can Looking solar development, but no agreements at this point in time No board questions, no further staff comments. Page 13 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 Public commenting opened. Ray Dubois, resides immediately next to applicants on Hudson the Road – speaking in opposition of approval o Thank you to assistance provided by Anne Krieg and Phil Drew o City Comprehensive Plan goal #2 states to protect critical environmental areas to support wildlife and agricultural areas Our neighborhood and land in question is an essential ecosystem in neighborhood – deer use it to access stream, Great Brook, which is a protected brook –worried that animals aren’t going to be able to access water Specifically, regarding a solar farm in the flag lot – that’s what’s planned – the intent is for a solar farm on this parcel Access driveway to the upper part of the parcel goes immediately along property line, concerned about that Wants to protect animals in the neighborhood and wildlife Suspects that whomever is buying the property isthe same person developing large solar farm on Broadway. i.e. Rick Varney – his property also abuts this one –owns all adjacent properties on the Pushaw Road side of this area Union Street & Davis Road has already become a solar farm Recommendations handed out by Mr. Dubois o Solar farm is not residential or agricultural, need to update zoning th one o Bangor has 3 that are actively being installed, this would be the 4 o Recommending immediate moratorium on solar farms in Bangor Legislation proposed past session that recommended solar farms be located on farmland with poisonous sludge or landfills, areas not appropriate for anything other than a solar farm o Powerline intrusiveness, should be underground o Local property values – concerned about a decrease – City Assessor does not know, the use hasn’t been around long enough to determine o Economic responsibility & remediation plan for toxic clean-up Plan an escrow account to pay for clean up on the other end Planning Officer Krieg reminded the Planning Board that the application before them is for a flag lot, not a solar array. Mr. Dubois stated that he is trying to paint the bigger picture. Page 14 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 Steve Rollins, 3 houses down – knows that this is for a flag lot –but the end goal is in sight, as would be the solar cells. Doesn’t want to stare at these for the rest of his life. Thinks that this should be allocated to an industrial space where they’re not stared at all day long. John Kenney clarified the purview of the Planning Board – to look at projects coming in from the perspective of the Land Use Ordinance – does that project meet what’s in the ordinance? For the most part, it’s cut and dry. Other parts are flexible and that’s why we’re here, to look at that interpretation of the ordinance. Appreciates \[Ray Dubois\] bringing all this information together. Asked Anne to run through these quickly. If \[Dubois\] feels strongly about this, this is the way to implement that. Some of these should go to Council. You get a councilor and you propose changes to the ordinance and that would go to the Council and then come to the Planning Board and then go back to Council. Would be useful to know what to do with this before a project would come before us so we can look and say, “does the ordinance allow or prohibit this?” If it’s in the ordinance and it allows that, we can’t deny it; it would go to the Appeals board and be overturned and then go to the court and would be overturned because there’s nothing to justify that. Planning Officer Krieg stated that, generally speaking, if somebody wants to request changes to the Land Development Code, just like this applicant did, they came to the Planning Board in a workshop with proposed language to make changes to the flag lot provision.If anyone wanted to make changesto the land development code for a solar array, they could work through the Planning Board or the City Council. And in terms of a moratorium, that must come straight from City Council. An argument would need to be made to the City Council by the constituent- must meet a declaration of an emergency type situation- Anne can send and the statute. Mr. Dubois presented again, indicated that it seemed that the project did meet the ordinance, but is concerned about wildlife – do you want to preserve this and put solar elsewhere? Already a large one going in on Broadway. Chair Huhn advised that again we’re not approving the solar array and that this was for a flag lot. Member Kenney advised that the Board looks at what’s allowed in ordinance and what’s not allowed. No other comments, nothing on Zoom. Member Shaw moved to approve the Land Development Permit for Site Development Plan for creation of a new 35.4 +/- acre flag lot with greater than 50’ of access length at the property located at 59 Hudson Road, Map-Lot R11-024, in the Rural Residence & Agricultural (RR&A) Page 15 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 District. Applicants, Robert & Mary Prybylo. The motion was seconded by Member Kenney. No further discussion. All members infavor. None opposed. OTHER BUSINESS 3. Presentation of the Draft Vision Statement and Goals – Comprehensive Plan Consultants Keri Ouellette, Project Manager with Berry Dunn, and Francisco Gomes, FHI Studio, presented via Zoom. Keri presented the summary of community engagement, engagement activities, as well as the Draft Vision Statement. Francisco presented the Goals, next steps - Policy and Strategy Recommendations. Member Brush felt that some goals were abstract and didn’t really fit into policy and strategy recommendations. Francisco advised that this was correct and goals might be revised, eliminated, etc. Wants this to be feasible for achievement and knows you won’t achieve everything as laid out, but wants to put us in position for success rather than failure. Want to carefully balance optimistic and ambitious with realistic and pragmatic. Member Meagher indicated that on the Planning Board, they’ve received comments from the public that cite a goal in the Comprehensive Plan, with the expectation that it will be applied as a regulatory requirement. Clarified that citing the goal doesn’t require Planning Board to consider it in the review in any particular way. Keri indicated that final document make links to specific policy and/or actions to see the connection with the goals and to see how they relate to other plans and goals that we’ll be incorporating and looking to align with this document. Vice Chair Perkins thinks that this will lead to excellent things- one the question is that he imagines given quality of City of Bangor and size, you talk about increasing housing – and climate resiliency – may have flooding problems, etc. Imagines that in the future, the problem we will have is that we’ll be a desirable place for people to go that don’t want to live somewhere else where things aren’t good and we’ll have a population explosion – goal should have some way to adapt. Doesn’t see that directly referenced, wonders if there are thoughts on this, or if he could see an adjustment in document to address that. Francisco responded that Maine is a destination for climate refugees from the rest of the United States. Climate change in Maine may cause migration shift towards this state due to being less severely impacted, maybe positively impacted in some ways. In response, this is a very valid point and is important to think about down the road. Population growth which would be a good Page 16 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 thing for Bangor, has been flat for a whilenow. Most of the growth is in the suburbs. Also thinks this plan providesguidance to direct growthso it’s sustainable. There’s a big emphasisfor directing growth to where there’s infrastructure andfacilities and services that can accommodate growth – in and around downtown and major corridors. It’s not the intention of the plan to direct growth to outer areas where there isn’t the infrastructure and facilities. Believes that’s how we’ll be responding to potential growth. Public comment was opened. Dominic Rizzo – 57 Leighton Street – first question - is this the time to make comments on what might be added or provide thoughts? Wanted, to thank Anne, Anja, Keri, and Francisco for the hard work done. Secondly, for the Visioning Statement, likes what’s being said, but the last sentence of the first paragraph, “and the gateway to adventure”, recommends making it more specific, i.e. “gateway to northern and eastern Maine”. What is innovative for Bangor would be to prioritize pedestrian, biking community, public transportation, and then automobile. Need to begin to seriously think about this. People are interested in living in places that are more pedestrian friendly with biking areas - businesses do better, more businesses come. “Building the Cycling City,” is a new book that came out –is a blueprint for urban vitality. It’s not done overnight and is re-done over time as more issues come up. Additionally, regarding goal #6, Bangor residentsarereliant largely on automobiles –not all residents have access to a vehicle. Besides those people, I have a license but choose not to drive. Drivesminimally. Wants the place to be more accessible. Suggested car- shares. Roch LeBlanc –64 West Broadway -nicedocument, seen at least six of them in his time,in hiscareer.One thingis the way they use this information you’re looking at. They talk about “respondents” –51% -that’s only 155 -that’s .005%of us that responded. More information is needed. Entertainment –so you can understand how something grows out of a plan like this –Ottawa,Canada tried for years to bring Crescent Street (Montreal) into Downtown Ottawa. Took a lot of money to do this and it still didn’t work – you had a lot of government people trying to look like people on Crescent Street. Previously discussed with Francisco “tier industries.” We’re in a bad spot right now. International Property Maintenance Code isn’t being followed – wants to take care of properties and stand up to what’s going on. It’s not being used. We don’t like to walk down certain streets. States that last night at 9:20 p.m. there were gunshots just off West Broadway. The \[property maintenance code\] has to be done before the \[Comprehensive Plan\] can really work. Page 17| 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 Ann Marie Quin – 11 Chatham Street – we must involve more than less than 1% of the Citizens in developing something like this. We shouldn’t move forward with this plan at low participation in initial step. Suggests that surveys go to every household via mail – need to reach more people than 302. Of those, not all were citizens of Bangor – maybe 263-273 actual citizens. We need to get more input from the Bangor citizens before we move forward with any visions. Appreciates document. Thank you. o Planning Officer Krieg advised that public engagement has been a concern for City Staff and trying to do outreach for the survey has been a challenge. A Survey was done as piece of public engagement, but not hashthe whole. Staff have been trying to get out to where people are and are hearing those common themes that have been reviewed by Keri. At this stage, we’re trying to get comments from everyone and we did put something in your tax bill- there will be a card in your tax bill to engage in the comprehensive plan via staff or the website. Kay Surpless – Court Street – wanted to thank Anne for making copies of the report available to her, still working her way through it to digest it all. Secondly, wanted to be sure there would be more opportunities to present our viewpoints and third, supports previous speakers’ comments, encouraging more feedback from across the City. Knows \[staff\] have been working hard to do this. Lastly, addressing goal #4, where you talk about promoting Bangor as a destination for arts & entertainment. Connect that to an earlier theme where you talk about connecting Bangor to the surrounding region and other communities. In regards to that, shout out to Bangor State Fair. It's been disrupted by pandemic; they’re trying to find ways to rebuild this. Wanted to state that the Bangor State Fair, especiallythe agricultural part, connects Bangor to the surrounding regions and farming communities. Children in 4H present animals that they’ve raised and cared for – is a very important community event. Shout out to the Kiwanis Club, which has, over the years, besides supporting the Independence Day parade and events, also supports 4H Scholarships for students at the Bangor State Fair. Thinks this is a practical application of goal #4. Does think that having the Bangor State Fair in the city is unique and the opportunity y to connect with neighbors and farming community is very important. Gentleman that resides at 45 Ohio Street – page 5 on printed hand out – universal basic income - who can qualify, who finances? Strings attached? Hears mention of key stakeholders- who are they? What power of decision making do they have? How are they financed? Per Planning Officer Krieg, on the universal basic income comment, for that portion of the document, we just wrote out everything everyone gave Page 18 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 to us. This is part of the engagement summary, that’s what we heard, it’s not the policy document.That was justa comment that was made to us.Stakeholders arecitizens that we try to get to come to meetings, people who live and work in Bangor; \[staff\] aretrying to get feedback from everyone. Dominic Rizzo presented again, inquiring about the Code that Mr. LeBlanc advised wasn’t being followed. Member Shaw wanted to plus-one the comments on biking and pedestrian. Thinks the DOTis doing stuff regarding e-bikes around the state. Any time there’s stuff going on with other agencies, it’s nice to align what we’re doing with what they’re doing. Has an adult child that most likely will never be able to drive and you worry about how they’re going to get around. Addressing the Comprehensive Plan directly- hopes user-friendly is very user-friendly for the audience, which is the average citizen. There’s a lot of information in there and most people aren’t going to look at it until they need to – not because they don’t care, but because they’re living their lives- until something affects their property. This document should be used to help strengthen and enhance engagement with the government. Should not be like Terms of Service- no one reads them. Hopesthat’show this document is crafted- readability, what it is, and what it isn’t, and how to use it should be emphasized. Anna Maria Baeza – 45 Ohio Street – so many questions came into my head –“what does this mean? What are the implications? How binding is this?” Wants more definitions and clarity as to these being aspirations. Seven years now, are we really going to find the zoning has changed so much? Such as the first group of people whose home life is changing (Lancaster Subdivision). How do you preserve those stakeholders that have invested and continue to invest,that love the small-town feel? It’s not Portland, Many people workingpeople that work hard that live in this area-how can it be reflected in this plan and into the futuresothat people will have something to hold on to and so that you won’t have something change as those other people have in the first item in the agenda –they’re devastated. 4.Meeting Minutes –July 19, 2022–Member Bazinetmoved to approve minutes, seconded by Member Perkins. All members in are agreement. 5. Adjournment at 10:08 P.M. Respectfully submitted, Melissa L. Bickford Development Assistant Page 19 | 20 City of Bangor Planning Division Planning Board Meeting Minutes – August 2, 2022 Planning Division Page 20 | 20