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Home My WebLink About2023-01-03 Planning Board Minutes � � a � I �� l�� ,ti� ,e � � �� .�1 �I l � W �IT� �F B�.�NGC71�.. P�..A�IV�]I['�G L31VI�IC]N F'LANNING BQARD TUESDAY, JANUARY 3, 2023, 7:Oa P.M. GITY GOUNCIL GHAMBERS, 3RQ FLOQR CITY HALL ALSQ; ATTE�JDAAICE VIA ZOQM FUIEETING MINUTES Ba�rd Members Present: IKen Huhn Reese Perkin�s IMichael Bazinet Ted Br�ush Trish Hayes Jonatha�n Boucher Josh Saucier (Allt�ernate IVlemb�er) Citv Staff Preser�t� Ann� Kri�eg, Plannliing tJfficer Anja Gollette, Plannli�ng� Analyst Brittar�ie Thom�s, Asst. City Solic�tor Rich May, �fiarmwafi�:r M�nager Jc�hn Th�eria�lt, �Gity Engineer Member Huhn called the meetir�g ta �rd�r at 7:00 P.M. P'lanning Officer/Development Dire�tor Krieg handed �ut a questiar�n�aire to be cormpleted by the Bo�rd for th�e stormwater manag��eme�nt trainli�n�. ANNUAL. EL.E�TION OF OFFI�ERS Member Huhn opened up the ellection of officers. Member Huhn nominated Member Perkin�s as the Chair. Stated that part of being the Chair invol'v+es Ic�sing out c�n some of the cc�ntent; w+oulld like to contribute �more to the conteint. Thinks Perkins would mak�e a good Chair. Mike Bazinet seconded. All voting members in favor, ex�cept F'erkins, wh�o ak�stained; n�ar�e opposed. Perkins stat�d h�e unde�sta�nds the decision, can see both sides of it. Is willing ta take any comments a�ny time if anyone h�s any suggesfiions a�bout hovv to run the meeting better. Perkins asked for nominat�ans far Vice Chair; there were no r�ominations. Perkins stated that ir� case anyone didn't want to nominate a�nyone, h� wamted fio m�ke a few suggesfiions. �fiafied thafi Don Meagher ance cammenfied al�Qufi Perkins being a g�oad choice for Vice Chair �ecause he was going to be on the Baard long enough to hav�e sr�m� effect. Perkins stated that Mlike Bazinet will have same longevity in his term ar�d Ke�n has a�nother year left. B�zinet spalke up ta decline the Vice Chair pr�sitiorr stating that he likes to be in the rr�iddl� of it; also doesn't fe�l h�e spe�ks as eloquently as F�erkins and Huhn. Huhn asked hc�w many years Merr�b�r Brush had I�ft; Perkins stated he had 2 years left. Huhn nomir�ated Me�mbe� Brush to be Vice Chair. IVlember Bazinet secc,n�ed. Brush stated he rrvas t�k�ay with �he nc�mination. All voting members in favor, except Brush, wht� abstained� nor�e oppc�sed. 73 HARL(�W�TREET,BA�Gt�R,ME 04401 TELEPHC3I`�E: (207� 992-4280 FAX: (2C�7) 945-4447 51�Jti�'V'J.BA�I�ORMAIi'�E.GOV City of B�ngor Planning Division Planning Baard�✓Ieeting N�inutes —Tuesday,January 3, 202� ANNUAL. TRAlI�11�G Sta�rmwater training: Stoirmwater Manager Rlich May presented ta the podium. Asked for everyone an the Boar� ta complete the �questionnaire handed out first t�ing in the me�eting. Presented a PowerPoint while discussing starmw�ter terminolagy �nd regulations. Board meimbers and May discussed lilllicit stormsewer co�nnectiains. M�ember Josh Saucier asked ab�ut low impact dev�lopment- if that wauld k�e a Gity-wide thing. May said it woulld likely be City-�nride; it's only r�quired to be in the urban area according tc� the �ensus, but th�t wauld be hard to enforce. It will apply to all projects disturbing 1 acre or mor� of I�nd. Stated it war�'t be as simple as putting in a stormw�t�r pond; will have to be I�ID, so rrr�ore �f a holistic �pproach. Chair Perkins spQke t� new membeirs and sai�d tlhat meimbers usually only see wastewat�r and st�rmwater when it cam��s b�fore us. [StaffJ hav�e alre�dy se��n it k��fare it �omes before the [Board] �and have alr�ady asked th�e applicant ta make sure the praject ak�ides by City Cod�e, �o [the Board] dc�esn't typically interact v►rith Rich. Member Baucher�sked about lawn chemicals and agriculture, and iif that factors into [�he Ci�y's] wa�stev►r�ter management plans. May s�id agriculture is �often separate fram anything else. Used to do a lot �af outreacf� t�o homeawr�ers about I�wn care; it's a lot like education on using s�alt— how ta be rr�ost effective vvithout daing tao m�ch. Zaning and permitting: Vice Chair Perkins mentioned that Anne Krieg is now the Development Directar, but is still also the Plannin� Director, so there will be �chamges da�rvn the rflad. I�rieg presented a PouverPoint and dis�ussed the iroles �nd responslibilities af the Planning Board, the Gamprehensive Plan, zoning, and permitting. Chair Huhn asked about whether the contract zcrning� stayed with the awner. Krieg stated that lit runs wlith the property ar�d gets rec�orde�d ir� the Registry. Member Boucher�sk�d about transparency in discussians witlh sta�Ff. Mentianed clhe�klists and asked how the checklists w�re developed, how staff knaw the questians to as{�. I�rieg discussed th�e Laind Develc��ment Code �nd haw it lays out the criteria a prc�ject has to rmeet. Member Saucier discussed the Site Location af Development ireview; clarifi�ed far other Board members why certain r�unicipalities I�ave delegated auth�irity- not many municipalities have it. Page 2I4 City of B�ngor Planning Division Planning Baard�✓Ieeting N�inutes —Tuesday,January 3, 202� Chaiir Perkins asked albaut vairiances—what it is and wh�n it happens. Also asked "plat approval" rmentimne� in the Cr�de. Kri�g stated th�t the °`plat �pprov�l" is when [the Board] signs the subdivision pl�t. l'?nce [the Board] signs it, the applicant takes it to th� Re�gistry of IDeeds to record sa the Icats created become real. Variances �re done at tlhe Appeals Board; if someone ca�n't meet setbacks ar some other dimer�sianal control, they can s�ek a variance. Krieg sfiated she ke�;ps a watclh on tlhi�ngs tlhat go for a variance� if there's a lot o�F the same thing going to tlhe Appeals B�oard, maybe the zoning isn't warking. Variances are very hard ta get tho�ugh; have to shaw hardship and show that nothing else can I�appen on the property without th� variance. Legal: Assistant City Solicitor discusse�l ethic� and conflicts of in�terest. Member Saucier will be following up with staff later in the weelk. Huhn said if he thaught there wa�s a canflict af inteirest, it's usually best to bring it up tc� the Board and tlhe Ba�rd decide whether they think it°s a conflict or not. Ch�ir Perkins �gire�d with Huhn and said we usually have enough members in cas� som�b�dy does n�e� �o recuse th�emselves. Stated that a quorum �s 5 members, so having 6 or 7 members makes it easy for soimeQne ta recuse thems�lves if tlhey ne�d ta. Perkins also mentioned discussion of things outside of the m�eeting. Thomas went on to caver tlhis, in addition to the Freedom of Access Act. Memlber Qazinet suggested that �oard members have a separate email address dedicat�d to this purlpose sa tha�t things that ar� public record dan't get tangled u� with personal items. lfhamas agreed with this point. Member Bc�u�her asked ab�ut whether BQ�rd r�nembers coul�d talk�bout prajects aftsr a decisiain is made. Krie� and Thomas stated they could after the app�eal periad. John Theriault state�d the appeal period is 30 days. Perkins mentianed the current praject undergoin�g app�eal through the cauirts. It's possible that the public may try ta talk to Board members about the proje��t outsi�de af a meeting, but Board members can't disc�uss it. Perkins asked abaut decisian imaking; in Section 23-12 af Amne's pres�:ntation, it talks abaut charact�ir af �devel�opment—char�cter is v�ry subjective —asked Thom�as to talk about sticking to the C�ode and findings. lfhamas stated that yau want your d�:cision ta be as fool-proof as passibl� and that means stickliin� to the ordinance. It cain be hard to put aside personal feeling� t�n it; sticking tfl the ordinance is the best way to m�ke a decisian �ppeal-praof. Subj�ctive things can be difficult tQ agre�e on, but agreeing on the findings �f fact and laying out why you agreed or didn"t �gre�e ar� something is im�partant. Krieg ask�d about the B�o�rd's p�cket, whether there are cather tl�ings Board m�mbers would like to see in it. Member Bazinet always appreciate the nates at the bottom af the agend� item [in the mema�. Krie� stat�ed th�t if Board m�embers have questions about the plans, they can always call staff—they just can't talk to each other. Saucier asked where tlhe FDIA standard was located. Tlhcamas stated she would emaif Saucier the� numb�ers for tha�. pa� e � I� City of B�ngor Planning Division Planning Baard�✓Ieeting N�inutes —Tuesday,January 3, 202� OTHEF� BUSINESS Ghai�r Perkins asked Baard members ta let him or st�ff I�n+�w if they won't be able tc� make it to a meeting because they nee�d ta have q�u�orum t�o vQte on a Ip��oject. Also st�ted that if all rec�ular members are here, al#ernative members such �s IVlembe� Saucier can't vote. Gan �anly vote if a regular member is absent. Perkins and Sau�cier dis�ussed the Iogistics of Saucier vc�ting if a member is absent and uvlhether the Board needs ta explicitly say wW��a is voting in another memb��r's �bsen�e. MEETING MI�JUTES N1ember Huhn moved to approve the minutes �From the Decemlbe�20th, 2fl22 meeting. Memlber Bazinet seconded. All members, except Saucier and Hayes (who were nat at the December 2flth meeting), voted to approve. None oppas�d. ADJOURNMENT Member Huhn moved to adj�urn, M�mb�r Bazin�et seconded. All in favor, naine oppased. Meeting adjourned at 8:31 pm. Respectfully submifited, Anja �ollette, Planning �,nalyst Planning D�visian Page 4 ��