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HomeMy WebLinkAbout2023-05-02 Planning Board Minutes 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV PLANNING BOARD TUESDAY, MAY 2, 2023, 7:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR CITY HALL ALSO; ATTENDANCE VIA ZOOM MEETING MINUTES Board Members Present: Chair Reese Perkins Vice Chair Ted Brush Don Meagher Trish Hayes Jonathan Boucher Michael Bazinet City Staff Present: Anne Krieg, Planning Officer/Development Director Anja Collette, Planning Analyst David Szewczyk, City Solicitor John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. PUBLIC HEARING 1. Zone Change – 10 & 12 Walter Street – Map-025-140-A – Urban Service District (USD) to Multifamily and Service District (M&SD) - To amend the Land Development Code by changing parcels of land, located at Map-Lot 025-140-A, from Urban Service District (USD) to Multifamily and Service District (M&SD. Said parcel of land contains 0.17 acres total and are more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: Lafortune Cothia/Meridien Property Group, LLC. Applicant not present. Member Meagher moved to postpone review until later in the meeting. Vice Chair Brush seconded the motion. All in favor, none opposed. LAND DEVELOPMENT PERMIT 2. Land Development Permit Application – Site Development Plan – 30 Otis Street – Map-Lot 054-208-A - Land Development Permit Application – Site Development Plan to construct a 1,775 square foot addition for daycare use at property located at 30 Otis Street, Map-Lot 054- 208-A, in the Multifamily & Service District (M&SD). The project includes the creation of a drop- off lane in front of the building on Otis Street and paving and extending the parking area in back of the building on Fruit Street. Applicant: CLT Properties, LLC. Page 2 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, May 2, 2023 Chair Perkins notes there was some email communication with Abutter Greg Edwards regarding stormwater concerns and that Board members all received copies of the communication and comments. Member Boucher proposed to recuse himself from this vote as his daughter attends the daycare at this property and he did not want any appearance of a conflict of interest. Vice Chair Brush moved to allow this recusal. Member Bazinet seconded the motion. All in favor, none opposed. Keith Ewing, applicant representative, presented to the podium. Confirmed application is to make a 1700 square foot addition to the building and modify the entrance so that all students can enter in the front of the building. Notes that the property has been operating as a daycare since 1988 and that the crushed stone driveway has been present the whole time, but that driveway will now need to be expanded to accommodate new teachers and that the City has asked them to pave as part of the expansion. States there will also be an ADA ramp added to the front of the building. Chair Perkins thanked Ewing for his presentation and asked the Board if they had any questions. Vice Chair Brush asked if the applicant had any preference for crushed stone vs. pavement as a driveway surface. Ewing said would be fine with keeping the crushed stone, but that City ordinance required pavement for all driveways. Chair Perkins understood this to be a requirement as well. City Engineer Theriault confirmed the Code requirement and explained why pavement is preferred over gravel, discussed sediment pollution from gravel. Chair Perkins asked the public for comments – there were none. Public comments closed. Member Meagher moved to approve the Land Development Permit Application - Site Development Plan for 30 Otis Street, Map-Lot 054-208-A, for construction of a 1,775 square foot addition for daycare use, with creation of a drop-off lane in front of the building on Otis Street and paving and extending the parking area in back of the building on Fruit Street. Member Bazinet seconded. All in favor, none opposed. 3. Land Development Permit Application – Site Development Plan – 1 Railroad Street – Map- Lot 043-040-C - Land Development Permit Application – Site Development Plan to add a stairwell from the lawn area to the bathrooms and a sidewalk from the side of the venue to Railroad Street at property located at 1 Railroad Street, Map-Lot 043-040-C, in the Waterfront Development District (WDD). Applicant: Waterfront Concerts/City of Bangor Engineering Dept. Rob Ervin, owner of Ervin Architecture and applicant representative, presented to the podium. Confirmed application is to add means of egress coming off the rear of the venue towards Railroad Street – a 22ft-wide concrete staircase, and a 16ft-wide concrete walkway to the public way (Railroad Street). Chair Perkins asked the board if they had any questions. City Engineer Theriault interjected to note that the City is in favor of this proposal as it will improve emergency access and make the venue safer. Theriault noted that the City of Bangor owns the property but Waterfront Concerts leases it, which is why they are co- Page 3 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, May 2, 2023 applicants. Reported that City Council is also in favor of this proposal. Ervin added that this proposal will increase the overall egress capacity of the venue, allowing for quicker discharge capacity and making it safer. Notes that stairwell is designed to fit into the hillside so as to integrate into the landscape. Walkway will provide a more dedicated line of access to the sidewalk on Railroad Street. Theriault added that stairwell will be fenced off from the public. Member Boucher asked if any part of the stairwell falls on city property. Theriault confirmed that it does as City of Bangor owns the whole property and leases it to Waterfront Concerts. Boucher asked if there were therefore any liability concerns. Theriault stated that the lease will be modified to include the stairwell, therefore causing all liability to fall onto Waterfront Concerts. Boucher also asked if City or Waterfront Concerts responsible for maintenance of stairwell. Theriault confirmed that Waterfront Concerts is responsible, even before lease is modified. Member Hayes asked if there was an estimated timeline for the project. Theriault asked if she meant for starting construction or for modifying the lease – Hayes confirmed she was asking about both. Ervin interjected to note that they were required to get the City permit before the State permit, so the project is now pending State review before details such as cost and timeline can be discussed. States they are in the process of collecting bids and that they hope to begin construction in the summer. Theriault confirmed that if the Site Development Plan is approved, they will then focus on working with City Council to modify lease. Hayes asked if the lease would need to be modified before construction begins – Theriault and Ervin both felt that this was likely the case. Hayes asked who would be responsible for the cost of building the stairwell. Ervin stated that this was an ongoing discussion. Hayes then asked how it would be possible to proceed with project without knowing this. Theriault interjected to say that City would likely contribute towards cost of walkway but that as far as he knew the cost of the stairwell would fall on Waterfront Concerts. Member Bazinet asked to confirm if City Council had already vetted this proposal – Chair Perkins stated that Council is aware of it. Development Director Anne Krieg clarified that the lease modification has not gone in front of City Council yet. City Engineer Theriault stated that it had been discussed in a pre-council meeting, however. Member Hayes asked if there was an estimate of the cost. Ervin did not feel he could provide estimated figures but did report that two different contractors had looked at the project and that he was still waiting on quotes from them. Clarified that approval of Site Development Plan is first step before State approval, then details such as cost can be ascertained. Hayes asked if there would be any requirement as to how many bids would be needed if the City was going to pay for any or all of the project. Theriault stated that it is not a City project so there would be no requirements. Chair Perkins asked the public for comments – there were none. Public comments closed. Vice Chair Brush moved to approve the Land Development Permit Application - Site Development Plan for 1 Railroad Street, Map-Lot 043-040-C, for addition of a stairwell from the lawn area to the bathrooms and a Page 4 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, May 2, 2023 sidewalk from the side of the venue to Railroad Street. Member Bazinet seconded. Members Perkins, Meagher, Brush, Bazinet, and Boucher all in favor. Member Hayes did not initially vote; Chair Perkins asked Hayes for her vote – she stated she would vote in the affirmative but with reservations. Application approved. PUBLIC HEARING 4. Zone Change – 10 & 12 Walter Street – Map-025-140-A – Urban Service District (USD) to Multifamily and Service District (M&SD) - To amend the Land Development Code by changing parcels of land, located at Map-Lot 025-140-A, from Urban Service District (USD) to Multifamily and Service District (M&SD. Said parcel of land contains 0.17 acres total and are more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: Lafortune Cothia/Meridien Property Group, LLC. Returned to previous agenda item as applicant arrived late to meeting. Lafortune Cothia, applicant, presented to podium. Confirmed application is to add two additional units to the two-unit duplex located at 10 & 12 Walter Streets. States that both additional units would be located on the third floor of the building. Chair Perkins asked to confirm the number of present units – Applicant Cothia confirmed there are two currently, and that if zone change was approved, there would be four total. Chair Perkins asked the Board if they had any questions. Vice Chair Brush asked if there were plans for additional parking. Applicant Cothia stated that there is a presently a three-season room located at the rear of the building that will be removed to allow for addition of more parking. Per Code Enforcement, all parking will be paved. Planning Analyst Anja Collette and Development Director Anne Krieg confirmed that no additional site plan approval would be needed for additional units, as that is only required if 3+ additional units are proposed. Chair Perkins discussed with Development Director Krieg if changes to Urban Service District zoning should be considered to allow more flexibility for these kinds of projects. Krieg stated that could be discussed, but that USD has always been a primarily commercial district that allows for multi-use. Chair Perkins asked the public for comments. Member of the public, Kelly Hashey, approached the podium to ask if closed captioning could be turned on as she was having a hard time hearing what was being said. Chair Perkins requested that Board members and all others presenting speak up. No other public comments – public discussion closed. Member Meagher moved to recommend that City Council approve the Zone Change for 10 & 12 Walter Street, Map Lot 025-140-A, from Urban Service District (USD) to Multifamily and Service District (M&SD). Member Boucher seconded. All in favor, none opposed. Page 5 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, May 2, 2023 OTHER BUSINESS 5. Public Outreach on Comprehensive Plan Chair Perkins asked Board members to reference notes on page 60 of meeting packet, which includes list of all public outreach efforts compiled by Planning Analyst Anja Collette and Development Director Anne Krieg. Perkins and Anne discussed the outreach efforts of the last comprehensive plan; 4 meetings were done for that. Chair Perkins asked if the Board had any questions or comments. No comments. Development Director Krieg confirmed that City Council is expected to vote on the Comprehensive Plan at their first meeting in June. Vice Chair Brush asked if the growth boundary in the comprehensive plan could accommodate the affordable housing requirements in LD 2003. Development Director Krieg stated that the growth boundary pretty much follows where there are adequate services; that was one of the main criteria for establishing the growth boundary. Chair Perkins suggested that a letter of thanks be sent to the consultants from the Planning Board. All members agreed. Chair Perkins and Development Director Krieg will draft a letter and send to Board members for review before sending to consultants. 6. Commence discussions on LD2003 Land Development Changes Planning Analyst Collette presented to podium. Noted that the City is already largely in compliance with this bill but will need to make a few changes in order to be fully compliant. Confirmed we are working with a deadline of July 1st. Primary zoning changes proposed are: (1) Urban Residence District 1 (URD-1) would allow up to four units per lot. The minimum lot area for 1 unit would be 5,000sqft, increasing by 5,000 for each additional unit, up to 20,000sqft for a 4-unit. (2) Low Density Residential District (LDR) would have a lot minimum of 12,000sqft and allow for 6,000sqft per additional unit, so a minimum of 30,000sqft would be needed for a 4- unit. (3) The provisions for Rural Residence & Agricultural District (RR&A) depend on whether there’s water and sewer and whether there’s an existing dwelling or not. Wanted to stick with minimum state requirements to reduce sprawl and keep the rural areas more rural. Can have up to 4 units if it’s within the growth boundary and has those services. (4) A bonus would be provided to developers providing affordable housing – if a certain percentage of the units on their property are made affordable to low to moderate income people, the developer can have up to 2.5 times the zone’s base density. Planning Analyst Collette notes that there is no state requirement for this percentage, but notes that it has been proposed that 51% be made the requirement as it is the current percentage used for CDBG properties. (5) For ADUs, LD2003 will require that they now be allowed in the front of a property and that the city cannot require additional parking for these units. Chair Perkins asked if the Board had any questions or comments. Member Boucher and Chair Perkins asked if the city would be allowed to have more stringent requirements for percentage of affordable housing units than Page 6 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, May 2, 2023 what the state has. Planning Analyst Collette confirmed that as the state has not provided a required percentage, the only requirement is that the city set a minimum percentage for density bonuses. Collette also noted that all properties will still be subject to other dimensional controls such as height requirements, impervious surface ratios, etc. Vice Chair Brush asked if LD2003 addressed long-term affordability in regards to the affordable housing requirements. Planning Analyst Collette felt that the developer would have to provide a deed restriction to ensure long-term affordability. Development Director Krieg confirmed this and noted that this will be included in the language of the City’s ordinance. An unidentified member of the public spoke up and discussed concerns regarding the affordability of housing for workers versus those who are low-income. Chair Perkins asked her to present to the podium and introduce herself; she declined. There was discussion around specific numbers for what would be considered affordable. Dwight McIntosh, member of the public, presented to the podium with similar concerns regarding affordable housing. Felt that it was impractical for working adults to buy homes when those who are not working get their rent subsidized. Jeff Allen, member of the public, presented to the podium with a question. Asked what autonomy local regulatory boards will have to apply their own land use ordinances once LD2003 is enacted. Development Director Krieg confirmed that City of Bangor, Planning Board, Historic Preservation Commission, etc. will still be allowed to have jurisdiction over other dimensional controls, facades, etc. Chair Perkins asked if an ADU would be allowed in addition to the new 4-unit allowance on properties. Planning Analyst Collette said it was still undecided but felt it would ultimately be a decision for the Planning Board and City Council. Development Director Krieg noted that if a property were to have 3+ units, it would need to go before the Planning Board under subdivision requirements, anyway. Member Boucher asked if there was any delay as to the timeline for LD2003 to go into effect. Development Director Krieg confirmed that there is not presently and July 1st is still the deadline. Vice Chair Brush referenced a section of the bill mentioning an imposition of fines for violations and asked if this had been considered. Development Director Krieg stated that there are already fines laid out in the zoning violation process managed by Code Enforcement and that this will not be changed. Dwight McIntosh returned to the podium. Chair Perkins asked that he keep his presentation brief and include a question. McIntosh asked what would keep municipalities from “running wild with these changes” when LD2003 is enacted in July. Chair Perkins confirmed that McIntosh was referencing building permit requirements. McIntosh expressed serious concern that City government would be given more latitude to make changes to building permit requirements in order to suit their own needs. Planning Analyst Collette noted that the bill only changes the number of units allowed on a property, and that all other dimensional controls wouldn’t be changing and if they were going to change, they would still need to go before the Planning Board as presently required. Page 7 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, May 2, 2023 Kelly Hashey, member of the public, presented to the podium with a question. Asked if public comments on the Comprehensive Plan were still open. Development Director Krieg confirmed that they are. Hashey thanked her for the confirmation and expressed gratitude for the City’s public outreach efforts. Provided suggestion that more outreach be focused on the schools in order to engage children in municipal government processes. Asked if any comment on the Comprehensive Plan could be given at this Planning Board meeting – Chair Perkins stated that it could not but that comments could be emailed to Development Director Krieg. Public discussion closed. 7. Meeting Minutes – April 18, 2023 Member Meagher motioned to approve the meeting minutes. Member Bazinet seconded. All voting members in favor, none opposed. Member of the public and Zone Change applicant, Lafortune Cothia, approached the podium again with a question about the fire sprinkler system requirements for his property. Chair Perkins recommended that he contact Code Enforcement. 8. Adjournment Meeting adjourned at 8:16 pm. Respectfully submitted, Sarah Pritchard, Development Assistant Planning Division