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HomeMy WebLinkAbout2023-11-14 Planning Board Minutes �� � � . ���i� � �; ������ ��'� � �'�a"�Q��'� �� � __T _ .. �a � o I��V.EL,���E1`�T . � CITY �� BANGCaR. PT.,hNtluI1�IC DIVIS[C�V�I PLANNING BOARD TUESDAY, NOVEMBER 14, 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 Trish Hayes Kenneth Huhn Donald Meagher Joshua Saucier Citv Staff Present: Anne Krieg, Development Director Anja Collette, Planning Officer David Szewczyk, City Solicitor John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. THRESHOLD MOTION 1. Declarations and Actions on Possible Conflicts of Interest Chair Perkins reported on his possible conflict of interest. Stated that, in 2022, he was a home inspector and occasionally performed inspections for the applicant's clients. Noted that clients were homebuyers that the applicant referred to at least three inspectors, and they were free to choose any inspector other than those recommended, as well. Stated that he has since retired, and the applicant was never directly his client. Stated that he never benefitted financially from the applicant and does not feel there is a conflict of interest. City Solicitor David Szewczyk clarified that Perkins has not conducted a home inspection since September 2022. Perkins confirmed that this is correct. Member Huhn moved that Chair Perkins does not hold a conflict of interest, seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher reported on his possible conflict of interest. Stated that he is a part-time employee of Casella Waste Systems, with no decision-making authority. He works on an hourly, per-diem basis and does own Casella stock, but this has no financial implication in regards to this project. 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,November i4, 2023 Chair Perkins clarified that the possible conflict of interest is that the future occupants of the proposed Maine Woods homes could use Casella as their waste collection provider. Meagher confirmed that this is correct, but noted that he has no role in that decision-making process. Development Director Anne Krieg noted that the applicant verbally indicated to staff that they would use another waste collection provider if this was perceived to be a conflict of interest. Perkins asked Meagher if he has knowledge of what percentage of Casella's business this potential contract would represent. Meagher noted that the annual revenue for 2022 was in excess of$1 billion, so did not feel that this potential contract would likely have a significant impact on the company's revenue. Member Bazinet confirmed that Meagher is not involved in contract negotiations; Meagher confirmed that this is correct. Member Bazinet moved that Member Meagher does not hold a conflict of interest, seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Alternate Member Saucier reported on his possible conflict of interest. Stated that he was previously the district engineer for Bangor Water District, and that he did conduct a partial technical review for water capacity for the original project application. At this time, he provided a letter to City staff affirming that capacity was available to serve the proposed subdivision. The current district engineer referenced this letter when conducting review of the current application. Saucier reported that he currently serves as general manager of Bangor Water District, and is no longer part of the planning review process, as this gets directed to the current district engineer. Noted that the potential conflict of interest is that his previous review could be seen to represent a conversation conducted outside of the Planning Board, but noted that his letter and email communications have been made a part of the public record. Chair Perkins confirmed that Saucier does not believe he holds a conflict of interest; Saucier confirmed that this is correct and noted that his previous review was conducted objectively and provided no benefit to either Bangor Water District or himself personally. Member Huhn moved that Alternate Member Saucier does not hold a conflict of interest, seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. City Solicitor Szewczyk reported that the Executive Session to be held next will include himself and the Planning Board members only, and will take place in the Legal office downstairs. No action will be taken and no other matters outside of this project will be discussed. Vice Chair Brush moved to go into Executive Session, pursuant to the provisions under 1 MRSA Maine Statute §405.(6)(E), seconded by Member Bazinet. Roll call vote conducted—all in favor, none opposed. Motion passed. EXECUTIVE SESSION 2. Under the provisions of 1 MRSA Maine Statute §405.(6)(E) Consultation befinreen the Board and its attorney Page 2 � 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,November i4, 2023 Executive session began at 7:16 PM. Public meeting resumed at 8:18 PM. OPEN SESSION Chair Perkins announced the project for consideration. 3. Review of Process by the City Solicitor City Solicitor Szewczyk reported that the Court ruled that the Board erred by failing to classify this project as a Major Subdivision at the time of the original application and approval. The Board's original decision was vacated and the matter was remanded back to the Board for further deliberation. The Board was directed to submit a written findings-of-fact regarding their decision. Guidance was given that includes a two-step process that has been recommended by the Court. While the Court's finding did not mandate that the application process be restarted, Szewczyk recommended this as a clearer method of moving forward, especially as there has been changes in Board membership since the time of the original application and approval. Szewczyk recommends that the Board vote separately on each standard applicable to the project and make their written findings explicit. Recommends the following process: (1) Starting this evening, the Board will make their preliminary findings regarding application completion and applicability of major subdivision standards, planned development standards, and standards for conditional use as proposed attached-residential in the Low-Density Residential (LDR) zoning district. The applicant will be requested to make a presentation through their attorney after these findings are made. (2) Public hearing will begin at the Planning Board meeting on November 21, 2023, which will pertain to the preliminary plat, Land Development Plan, and Conditional Use. It is recommended that the Chair institute a time limit on public comments. At the close of the public hearing, it is recommended that the Board suggest to both the applicant and interested members of the public that they submit proposed findings-of-fact, with record references, to the Board one week prior to the next meeting. (3) At the Planning Board meeting on December 5, 2023, the Board will discuss the preliminary plat and vote on their findings-of-fact and 34 review criteria for subdivisions - 20 from the State and 14 from the City. They will then vote on the two sets of criteria for the Land Development Permit, and then the two sets of criteria for the Conditional Use. (4) At the Planning Board meeting on December 19, 2023, the City Engineer's report on preliminary plat compliance and health & sanitation standards will be reviewed, then the Board will make their findings-of-fact on the final plat standards and conduct their final vote on their approval decision. (5) After this last meeting, a draft of the Board's written findings and decision will be created, reviewed, finalized and signed by the Board. Chair Perkins confirmed that this process is what was just discussed in the Executive Session, in more detail, and that the Board will be continuing with this recommended scheduled. 4. Land Development Permit— Maior Site Development, Preliminary Major Subdivision, and Conditional Use — Lancaster Avenue and East Broadwav — Map-Lots 044-043, 044- 039, 044-040, 044-041, 044-058, and 044-059 - Land Development Permit Application — Major Site Development, Preliminary Major Subdivision, and Conditional Use for the development of Page 3� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,November i4, 2023 60 attached residential units and the construction of 1,950 feet of new private road, along with utilities at property located on Lancaster Avenue and East Broadway, Map-Lots 044-043, 044- 039, 044-040, 044-041, 044-058, and 044-059 in the Low-Density Residential District (LDR). Applicant/Owner: Team Properties, LLC. A. Discussion and action on the completeness of the application Chair Perkins reported that City staff put together a checklist to review with the applicant, the City Engineer and other staff provided feedback, revisions were made, and a new checklist was put together and accepted by all. Member Huhn asked staff if they have any comments on the completeness of the application. Development Director Krieg responded that staff is recommending that the Board find it to be complete. Member Meagher moved that the application be found to be complete and accepted for review, seconded by Member Huhn. All in favor, none opposed. Motion passed. B. Discussion and action on the permitting requirements Chair Perkins confirmed that the recommendation is to find that the permitting requirements for major site development, conditional use (attached residential), and major subdivision be found to be applicable, and that the permitting requirements for planned development be found to be not applicable. City Solicitor Szewczyk recommended that the motion regarding the applicability of the major subdivision requirements be conducted separately. Member Meagher moved that the application be reviewed as a major subdivision, seconded by Member Huhn. All in favor, none opposed. Motion passed. Member Huhn moved that the application be reviewed as a major site development and conditional use as attached residential in the LDR zoning district, but not reviewed as a planned development, seconded by Member Bazinet. All in favor, none opposed. Motion passed. C. Opening presentation by the applicant Timothy Pease, attorney for the applicant, presented to the podium. Introduced himself and members of the project's team — Ryan Lizanecz (attorney with Rudman-Winchell), Scott Braley (engineer with Plymouth Engineering), Emily Ellis & Mike Wood (applicants), and Amy Young (engineer with Plymouth Engineering). Asked that the Board provide their questions throughout the presentation, rather than holding them until the end. Pease gave a slideshow presentation providing an overview of the project. Reflected on the controversy over the proposal and gave an overview of the benefits of infill developments. Scott Braley presented to the Board and gave a technical overview of the project. Page 4� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,November i4, 2023 Pease asked Braley to describe what has occurred on the site since the time of the original application and approval. Braley provided a description and confirmed that site stabilization is still in process. Pease asked what the gray areas indicate on the site plans. Braley responded that they represent the tree lines that will remain, and that the white bubbles represent the trees that were cleared. Noted that the bulk of the project area was primarily field previously, and outlined plantings on the layout that are representative of the required vegetation buffers. Pease asked Braley to address the wetland impact. Braley pointed this out on the site plan, provided measurements of the impact area and confirmed that it is less than the amount that requires a wetland permit. Noted that there is a permit-by-rule in place for the sewer extension. Pease asked Braley to comment on the traffic disturbances on Alden Street. Braley responded that this is a DOT project that has nothing to do with the applicant's development. Pease noted that there had been significant concern about ledge on the property at the time of the previous application. Braley responded the infrastructure for sewer and water has been put in place since, and no blasting was required, nor was any ledge encountered. Pease gave an overview of the City's approval standards and criteria. Braley addressed the plan's adherence to each individually, and noted when not applicable. Pease gave an overview of the purpose of the LDR zoning district and its permitted uses, conditional uses, and requirements. Braley addressed the plan's adherence to each individually, and noted when not applicable. Pease gave an overview of the conditional use standards and noted which that Braley has already addressed. Asked Braley to address fire protection and parking — he responded with the plan's adherence to the requirements for both. Pease emphasized §165-9(A)4; Braley addressed the specifics of this section by demonstrating on the site plan and exhibiting photos of surrounding homes in neighborhood. Pease gave an overview of the land development plan standards. Braley addressed the plan's adherence to each individually, and noted when not applicable. Chair Perkins clarified that the standard regarding outdoor lighting, which Braley had stated was not applicable as it was intended for commercial uses, is actually applicable to this project. Braley agreed and noted that the proposed lighting specifications were included in the application submission materials. Vice Chair Brush asked staff if they would be providing an additional submissions or materials for next week's meeting. Development Director Krieg confirmed that there might be additional submissions at that time. City Engineer John Theriault asked when the wetlands were delineated. Braley responded that this originally occurred in 2006, and that the DEP asked for a re-evaluation last year, which was conducted by Moyse Environmental Services. Page 5 � 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,November i4, 2023 Meeting adjourned at 9:44 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 6 � 6