HomeMy WebLinkAbout2023-08-15 Planning Board Minutes �� ;
�
.
����i; � �; ������ ��'� � �'�a"�Q��'�
� ;� r� ..
�a :� o ��V.EL,���E1`�T
. �
CITY �� BANGCaR.
PT.,hNtluI1�IC DIVIS[C�V�I
PLANNING BOARD
TUESDAY, AUGUST 15, 2023, 7:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR CITY HALL
MEETING MINUTES
Board Members Present: Chair Reese Perkins
Vice Chair Ted Brush
Michael Bazinet
Jonathan Boucher
Kenneth Huhn
Donald Meagher
Joshua Saucier
Citv Staff Present: Anne Krieg, Planning Officer/Development Director
Anja Collette, Planning Analyst
John Theriault, City Engineer
Chair Perkins called the meeting to order at 7:00 P.M.
PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS
1. Amending Chapter 165, Land Development Code by updating the allowed number
of dwelling units in residential zones to comply with the State law, LD 2003. —
Postponed until September 5th
Planning Analyst Anja Collette presented an overview of the changes.
Chair Perkins asked the Board for any questions/comments —there were none.
Chair Perkins opened the public comments —there were none. Public comments closed.
2. Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban
Developed Area by increasing the maximum height in the Multifamily and Service
District (M&SD).
Chair Perkins mentioned a public comment on this change received via email earlier today — resident
expressed that they did not want to garden in the shade created by taller buildings and that they felt the
waterfront concerts blocked the view of the river.
Development Director Anne Krieg summarized the proposed change.
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 —Tuesday,August i5, 2023
Member Huhn expressed that he felt the proposal to be appropriate considering the City's housing goals.
Also noted that he did not feel the mentioned public comment related to this proposal.
Perkins expressed disagreement with Huhn. Noted that he had looked up a few random properties on
Walter and Larkin Streets, in M&SD, and felt that if they were 60 feet in height instead of their current
height, they would dwarf the surrounding properties, many of which are single-family homes. Felt that
this would create a loss of view and create shading of adjacent properties. Perkins noted that the
statement of purpose of this zone mentions family life, and felt that this change would not seem to
promote family life. Wondered if this change could be made only on major arterials, similar to other
changes that have already been made. Expressed concern that the proposed height change would alter
the character of the City. Used the example of the Bangor Housing apartments on the corner of Union &
Main Streets, which are 60 feet in height, and asked Board members to consider if a building of that size
was located in M&SD and what a significant change that would be. Also expressed concern over how
this proposal was brought to the Board — mentioned the Comprehensive Plan justification statement and
added that he read the section of the Comprehensive Plan which mentions encouraging density in the
urban core, and felt that this language was much softer than that used in the current proposal, which he
felt almost made it seem like the Board was obligated to vote in the affirmative.
Krieg responded to comment on the challenges of the multi-family district. Noted that it functions similarly
to the government district in that it is scattered in several different areas, resulting in many changes
needing to be handled on a case-by-case basis. Suggested that if other Board members feel similarly, a
discussion could be had about alternative measures the City could take, such as requiring a larger
setback if a property abuts URD-1. Asked if the Board felt there were other changes that could be made
that would allow the height but mitigate the effects on other properties. Member Saucier expressed that
he is generally in favor of the height limit, and suggested that the increased height could be allowed as a
conditional use, or require a shadow analysis of adjacent homes. Noted that 45-feet is already the allowed
height and that a 45-foot building would still likely dwarf a 3-story home, so did not feel it would be a
significant change to allow 60-foot buildings.
Sean Thies from Haley Ward presented to the Board to comment on this proposal's direct relationship to
his land development permit application that is on the agenda for the Board to review tonight. Stated that
the proposed building is currently under 45 feet, but they would like to put solar on top that would not be
allowed presently due to the pitch of the roof. If this amendment were to pass, they would present a
second application to the Board at a later date to increase their building height to allow for the solar
installation. Perkins suggested that a more appropriate change might be allowance as a conditional use
rather than only on a major arterial, as exemplified by Thies' point. Krieg noted that the impact to a dense
lot in URD-1 from a lot in M&SD is different than what is being reviewed tonight, as the project being
reviewed tonight abuts other apartments and I-95. If the Board does not to recommend passage, it would
be helpful to receive suggestions on alternatives to bring back for review.
Page 2 �5
City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,August i5, 2023
Member Meagher moved to recommend to City Council that the amendment to Chapter 165, Land
Development Code, Attachment 2, Schedule A Urban Developed Area, to increase the maximum height
in the Multifamily and Service District (M&SD), ought not to pass. Seconded by Chair Perkins.
Meagher commented that he was persuaded by the concerns expressed by the other Board members,
and thought that the approach of making the height increase a conditional use would be more appropriate.
Noted that he would like to see a specific standard in the conditional use standards that would apply very
specifically to how the evaluation would be completed by the applicant (i.e. sight distances, shadow
analysis, etc.) and did not think that the current standards are sufficient. Perkins agreed and commented
that Thies' comment on solar panels had given him some pause, and suggested getting more definition
on that point. Member Boucher asked for clarification about the conditional use process. Krieg provided
clarification and expressed agreement with Meagher on the importance of establishing criteria. Krieg and
Boucher discussed the current proposal and how recommendations from the Board would work. Saucier
differentiated between a waiver and a conditional use. Meagher mentioned that the current standards
mention bulk density and height and thought that a more precise analysis is needed.
Krieg noted that if staff were to present an alternative proposal in the future, they would try to come up
with something that states that in order to increase a building's height, certain impacts would need to be
addressed. Perkins suggested that as an alternative, only allowing increased height on major arterials
would make the policy less murky. Saucier and Krieg clarified the process. Huhn agreed that it should be
a conditional use.
A roll-call vote was conducted as following: Member Saucier and Vice Chair Brush voted to recommend
that the amendment ought to pass, while Chair Perkins and Members Boucher, Huhn, Bazinet, and
Meagher voted to recommend that the amendment ought not to pass.
3. Amending Chapter 165, Land Development Code by amending rules on
manufactured housing and mobile home parks to comply with State law.
Planning Analyst Collette presented an overview of the proposed changes, noting that they are largely
the same as discussed at the last Board meeting, with the suggested edits of adjusting setback
requirements to match primary homes and referencing the Manufactured Housing Board standards rather
than the building code for foundations.
Chair Perkins asked the Board for any questions/comments—there were none.
Chair Perkins opened the public comments —there were none. Public comments closed.
Vice Chair Brush moved to recommend to City Council that the amendment to Chapter 165, Land
Development Code, to amend rules on manufactured housing and mobile home parks to comply with
State law, ought to pass. Seconded by Member Bazinet. All in favor, none opposed.
Page 3� 5
City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,August i5, 2023
PUBLIC HEARING — LAND DEVELOPMENT PERMITS
4. Land Development Permit — Site Development Plan — Sunset Avenue — Map-Lots 004-021
and 004-021-B - Land Development Permit Application — Site Development Plan, Planned
Group Development, and Minor Subdivision for construction of a three story 50-unit senior
housing building with associated parking lot, at property located on Sunset Avenue, Map-Lot
004-021 & 004-021-B, in the Multifamily & Service District (M&SD) and High-Density Residential
District (HDR). Applicant: Bangor Housing Development Corporation.
Chair Perkins mentioned that the first two conditions of approval had been satisfied, and asked staff
whether the third condition on impact fees still applied. Development Directed Krieg confirmed that it did.
Applicant representative, Sean Thies of Haley Ward, presented to the podium and summarized the
proposed project.
Chair Perkins asked the staff for any questions/comments—there were none.
Chair Perkins asked the Board for any questions/comments.
Vice Chair Brush asked about the plans for solar energy and whether it was intended to provide the
apartments with electricity. Thies responded that it will provide power to the building itself. Cindy Witas
of Bangor Housing presented to the podium to provide further clarification—it will contribute to the power
of the whole building.
Chair Perkins commented that the property is located right next to the highway and asked if there had
been any discussion on reduction of noise. Thies responded that they had placed the parking area closer
to the highway and that the existing wooded buffer will be kept in place, but there has been no discussion
beyond that. Perkins noted that the wooded buffer may be adequate. Expressed concerns that the
property may provide a walkway for homeless individuals to come across the bridge and travel beyond
the site and asked if there had been any discussion on fencing to prevent this. Mike Myatt of Bangor
Housing presented to the podium to respond. Myatt stated that there is currently an abandoned homeless
encampment on the site. Also noted that Bangor Housing owns a property on Union Street which seems
to always have some walking paths for homeless individuals through it, and commented that developing
the site in question may actually help reduce this due to having lighting and people around.
Member Saucier expressed strong approval on the proposed use of the site.Asked if there is any contract
present that will prevent contractors from clearing the wooded buffer. Thies responded that contractors
are generally expected to adhere to the plan, and that, as part of their DEP permit, they are limited to
clearing and disturbing only what is shown on the site plan. The applicant would be required to replant
something if anything was cleared that was not supposed to be. Saucier clarified that there is no deed or
covenant stipulating this?Thies confirmed there is not, and that there would be if the area was to be used
for stormwater, but that is not the plan at this point.
Page 4�5
City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,August i5, 2023
Development Director Krieg commented that the Board has several options. They can ask that snow
fencing be installed on the outer edge to protect the trees, or they can ask that if any trees are removed
during construction that, prior to the creation of as-builts, the applicant will have to replace any cleared
trees. Saucier responded that he felt it would be best to have some sort of contractual protection
regarding the buffer and proposed wording for it. Perkins commented that typically the Board is satisfied
by having a note on the site plans. Thies noted that there is a silt fence type that runs along that area and
that they could add a note to the plans regarding this. Perkins felt that this would not be necessary as a
condition of approval. Planning Analyst Collette and Member Bazinet discussed what is shown on the
plans that are already signed off on. Krieg suggested that it may be best to make it a condition of approval;
Member Huhn concurred with this.
Perkins confirmed that there will be two remaining, unsatisfied (as of yet) conditions of approval — the
buffer stipulation and the payment of impact fees.
Vice Chair Brush moved to approve the Site Development Plan, Planned Group Development, and Minor
Subdivision for Sunset Avenue, Map-Lots 004-021 and 004-021-B, for construction of a three story 50-
unit senior housing building with associated parking lot, with the conditions that a tree buffer is left with
the existing trees between the building and I-95, and payment of any impact fees determined by the City
is made before the building permit is issued. Member Saucier seconded. All in favor, none opposed.
OTHER BUSINESS
5. Comprehensive Plan Check-In
Development Director Krieg provided an update on the State review of the Comprehensive Plan. Stated
that the City should be receiving something back from them in a couple of months.
6. Meeting Minutes —August 1, 2023
Member Bazinet moved to approve the meeting minutes. Vice Chair Brush seconded. All voting members in
favor, none opposed.
Meeting adjourned at 7:56 pm.
Respectfully submitted,
Sarah Pritchard,
Development Assistant
Planning Division
Page 5 �5