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HomeMy WebLinkAbout2023-12-05 Planning Board Minutes (2) � = , �,� ��� '�'(���1/��,..�� ��'�``� � �'���'���'� .. ��° ' �1 E V�� L���E l�`��I' .� _� �ITY �� BANG+C�R. PLANVUII�IG DIVIS[C7V�7 PLANNING BOARD TUESDAY, DECEMBER 5, 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 Joshua Saucier (voting in place of Donald Meagher) City Staff Present: Anne Krieg, Development Director Anja Collette, Planning Officer David Szewczyk, City Solicitor Grace Innis, Assistant City Solicitor John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. Zone Chanqe — 424 State Street - Map-Lot 059-004 — Urban Residence 1 District (URD-1) to Government & Institutional Service District (G&ISD) -To amend the Land Development Code by changing a parcel of land, located at 424 State Street, at Map-Lot 059-004, from Urban Residence 1 District (URD-1) to Government & Institutional Service District (G&ISD). Said area of land contains approximately 1.03 acres total. Applicant/Owner: James Butler, Jr. James Butler, Jr., applicant, presented to the podium and gave an overview of the application. Chair Perkins asked staff for any comments—there were none. Chair Perkins asked the Board for any questions/comments —there were none. Chair Perkins opened the public hearing — no public comments. Public hearing closed. Member Huhn moved to recommend City Council approve the amendment of the Land Development Code to change a parcel of land, located at 424 State Street, from Urban Residence 1 District to Government & Institutional Service District. Vice Chair Brush seconded. Roll call vote conducted — six in favor, one (Chair Perkins) opposed. Motion passed. 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, December 5, 2023 PUBLIC HEARING — LAND DEVELOPMENT PERMITS 2. Land Development Permit — Major Site Development — 1246 Ohio Street — Map-Lot R15- 014 - Land Development Permit Application — Major Site Development Plan for removal of a 2,330sqft existing garage and 1,680sqft office, and construction of a 6,OOOsqft combination office/garage, with delineated parking, at property located at 1246 Ohio Street, Map-Lot R15- 014, in the Rural Residence & Agricultural District (RR&A). Applicant/Owner: John T. Cyr & Sons, Inc. Scott Braley, applicant's agent, presented to the podium and gave overview of application. Chair Perkins asked who had signed the application; Braley responded that it was signed by Mike Cyr. Perkins also referenced the Land Development Permit checklist included in the meeting packet and mentioned that there may be some outstanding concerns. Planning Officer Anja Collette confirmed that all concerns have been addressed to the satisfaction of staff. Perkins confirmed that application has been signed and dated and shows all appropriate fees have been paid. Chair Perkins asked the Board for any questions/comments. Member Bazinet asked for confirmation that no floor drains were included in the plans. Braley responded that none were included in the maintenance section and that evaporation drains were included here; there is a floor drain in the wash bay that goes to a holding tank which will be contracted for pumping out. Bazinet asked if a grease separator is needed; Braley responded it is not. Alternate Member Saucier moved to accept the application as complete. Member Bazinet seconded. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins asked if septic system has been evaluated. Braley responded that there is no change in number of employees, so no changes to septic system should be needed. Perkins clarified that he is wondering if age and general maintenance of system has been reviewed recently. Braley responded that he had contacted site evaluator who put system in place and confirmed that it was in good condition. Also noted that neighboring property owner has written agreement in place with applicant regarding septic system, and that existing septic tank will be replaced with new pump system to existing field. Chair Perkins asked to confirm that no stormwater plan was included with the application due to the property being non-conforming. Planning Officer Collette responded that the application only includes converting gravel to pavement, and gravel is already considered impervious area; the applicants aren't increasing impervious area. Braley added that the overall impervious area will be decreased. City Engineer John Theriault confirmed that paving the parking area is preferable to maintaining gravel. Collette added that Planning Board approval is required for expansion of non-conforming use. Perkins asked if applications for non-conforming properties should include efforts at becoming conforming. Collette responded that the only way for the applicant to do that would have been to request a zone Page 2 �12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 change, and use of the City's non-conformities ordinance seemed more appropriate for this proposal. Braley added that efforts have been made in this proposal to make the property more conforming with buffers and other things. Chair Perkins asked to begin motions on applicable provisions. Alternate Member Saucier moved that the Land Development Approval Standards in Article XVI, § 165- 114(A) — Subdivisions are not applicable to the project. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Land Development Approval Standards in Article XVI, § 165-114(B)—On- site parking, loading, and access are met. Seconded by Alternate Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Land Development Approval Standards in Article XVI, § 165-114(C) — Driveways are met. Seconded by Vice Chair Brush. Roll call vote conducted—all in favor, none opposed. Motion passed. Alternate Member Saucier moved that the Land Development Approval Standards in Article XVI, § 165- 114(D) — Stormwater management are met. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Huhn moved that the Land Development Approval Standards in Article XVI, § 165-114(E) — Outdoor display storage, and lighting are met. Seconded by Alternate Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Land Development Approval Standards in Article XVI, § 165-114(F) — Landscaping of unpaved areas or other treatment of the site are met. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Land Development Approval Standards in Article XVI, § 165-114(G) — Building location are met. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Land Development Approval Standards in Article XVI, § 165-114(H) — Environmental impacts are met. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Applicant's agent Scott Braley confirmed wetlands have been delineated. Alternate Member Saucier moved that the Land Development Approval Standards in Article XVI, § 165- 114(I) —Water resource and shoreline preservation are not applicable to the project. Seconded by Vice Chair Brush. Roll call vote conducted— all in favor, none opposed. Motion passed. Alternate Member Saucier moved that the Land Development Approval Standards in Article XVI, § 165- 114(J) — Site developments needing approval under the provisions of 38 M.R.S.A. §§ 481 through 488 Page 3� 12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 are not applicable to the project. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. City Solicitor David Szewczyk confirmed that these are not applicable. Member Huhn moved that the requirements of Article III — Nonconformities, §165-16 — Nonconforming uses are met. Seconded by Member Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Huhn moved to approve the Land Development Permit Application — Major Site Development Plan for the property located at 1246 Ohio Street, Map-Lot R15-014, in the Rural Residence&Agricultural District (RR&A). Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. 3. Land Development Permit — Major 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 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. Member Bazinet moved to accept the new materials received since November 21, 2023 into the record. Vice Chair Brush seconded. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins listed the new items received into the record, with clarification from Planning Officer Collette. Chair Perkins opened public comment related to the new materials. Timothy Pease, applicant's attorney, presented to the podium and asked to reserve the right to respond to any public comments at the end of the public hearing. Alternate Member Saucier asked about the permit-by-rule for the sewer and why it is not factored into the impact calculations; asked if it's because the soils and such are replaced after the sewer line is placed. Dave Moyes, Moyes Environmental Services, presented to the podium; stated that his company did the soils and wetlands work for the site, including the permit-by-rule. Clarified the different wetland permits and confirmed that the permit-by-rule for the utility crossing is used because it's a temporary impact, so it doesn't count towards the permanent wetland impact threshold that would require a different permit. Stated that the only permanent wetland impact would be around 2,500 square feet, which would not trigger the additional permitting from DEP (the threshold for that being 4,300 square feet of permanent impact). Moyes remained at the podium to offer public comment. Encouraged Board members to consider the credentials of anyone presenting testimony regarding technical aspects of the application. Page 4� 12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 Brian Ames presented to the podium and asked the Board for any questions/comments regarding his slideshow submitted via email. There were none—Ames provided highlights of the primary points. Member Bazinet asked how the Board should assess conflicting testimony regarding the application's compliance to the necessary criteria. Chair Perkins responded that this is the Board's purpose and that each member needs to individually consider the presented materials for an application and vote as they see fit. Alternate Member Saucier added that part of the confusion with the density calculations is the definition of 1.5- vs. 2-story homes. Ames responded with clarification about his calculations. Perkins asked City Engineer Theriault for additional comments; Theriault confirmed his calculation methods. Jeff Gray presented to the podium and spoke in opposition to the applicant's proposal. Asked the Board for any questions/comments regarding his slideshow submitted via email. There were none— Gray provided highlights of the primary points. Dwight Mclntosh presented to the podium and spoke in opposition to the applicant's proposal. Questioned the applicant's motives. Asserted that the development will not benefit many average citizens. Melissa Bryant presented to the podium and spoke in opposition to the applicant's proposal. Gave overview of her written comments, submitted via email. City Solicitor Szewczyk clarified that tonight's public comment should only pertain to the newly submitted material. Sandy Mclntosh presented to the podium and spoke in opposition to the applicant's proposal. Chair Perkins clarified the purpose of the public hearing. Mclntosh expressed several concerns with the work done on the development thus far, including noise, water runoff, and construction debris. Laurie Cote-Dunn presented to the podium and spoke in opposition to the applicant's proposal. Referenced the development standards discussed during the previous agenda item. Suggested having an impartial third party conduct a density study. Michelle Laird presented to the podium. Expressed concerns with traffic speeds and noise. Asked to read message from her neighbor who was unable to be present at tonight's meeting referencing water runoff concerns. Chair Perkins closed public comment. Pease returned to the podium to respond to the public comments. Clarified several items in the development standards. City Solicitor Szewczyk suggested that the Board vote on the content of the record for the preliminary plat. Gave an overview of the recommended process and the layout of the record. Planning Officer Collette provided clarification on staff's additions to the record. Member Huhn asked if the addendum to the draft findings presented by the applicant is part of the record. Page 5�12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 Collette confirmed that it is not. Alternate Member Saucier asked if the record could be accepted without the public comments from this evening's meetings added. Szewczyk confirmed that the record in reference only pertains to written materials, so only written public comments are included. Vice Chair Brush asked if the listed record items include printed materials received at the last meeting. Collette confirmed that it includes all written materials received by staff and forwarded onto Board members. Brush asked about an item received at the last meeting that he did not think was received via email; Perkins and Collette both confirmed that this was received via email and is included in the record. Member Boucher asked if there will still need to be addition to the record to contain the meeting minutes for this evening's meeting. Szewczyk confirmed that there can be additions to the record to include further meeting minutes and materials. Member Huhn confirmed that the motion needed this evening is to accept the record materials as currently presented. Chair Perkins moved to accept the project description as written and corrected in the findings of fact. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved to accept the content of the record for the preliminary plat, as currently presented. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins gave an overview of the proposed process for voting on the standards. City Solicitor Szewczyk recommended several initial motions. Planning Officer Collette provided clarification on the lot size and corrections to the references in the findings of fact. Pease provided clarification on exhibit showing elevations. Chair Perkins moved to accept the project's description of building elevations as written and corrected in the findings of fact. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins provided further clarification about the voting process and introduced Part 2 of the draft findings regarding the State subdivision criteria in 30-A M.R.S. § 4404 for deliberation and voting by Board members. Chair Perkins read the standard in Section 1 of the State criteria, regarding pollution. Member Boucher asked if the work that has already been done on the lot should be considered in voting on the standards. City Solicitor Szewczyk provided clarification that the Board is only to consider whether the current application and materials in the record meet the standard. Alternate Member Saucier added that the standard for review is to assess based on the pre-development conditions of the land; if current state of the land were considered, it would be an easier standard to meet. Member Huhn moved that the Board finds, upon review of the Post Construction Stormwater Maintenance Plan, Erosion & Sedimentation Control Plan, FEMA Flood Map, Urban Impaired Stream Map, and the Maine DEP Stormwater Permit (Exhibits 11 — 15), and Sheet C3- Grading Plan and Sheet C8-Erosion and Sedimentation and Control of Exhibit 79, that the proposed subdivision will not result in undue water or air pollution. Seconded by Alternate Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 2 of the State criteria, regarding sufficient water. Member Boucher Page 6� 12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 moved that the Board finds upon review of the certification from Bangor Water District (Exhibit 35) that the proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 3 of the State criteria, regarding municipal water supply. Alternate Member Saucier moved that the Board finds upon review of the certification from Bangor Water District (Exhibit 35) that the proposed subdivision will not cause an unreasonable burden on the existing water supply. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 4 of the State criteria, regarding erosion. Alternate Member Saucier moved that the Board finds, upon review of the Post Construction Stormwater Maintenance Plan, Erosion & Sedimentation Control Plan, FEMA Flood Map, Urban Impaired Stream Map, and the Maine DEP Stormwater Permit (Exhibits 11 — 15), and Sheet C3 - Grading Plan and Sheet C8 - Erosion and Sedimentation and Control, of Exhibit 79, that the proposed subdivision will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 5 of the State criteria, regarding traffic. Member Huhn moved that upon review of the Traffic Analysis and associated materials (Exhibits 16, 29, and 30), as well as the letter from the applicant referenced in Exhibit 42 the Board finds that the proposed subdivision will not cause unreasonable highway or public road congestion. Seconded by Alternate Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 6 of the State criteria, regarding sewage disposal. Alternate Member Saucier moved that the Board finds, upon review of Sewer Capacity Certification from the Bangor Waste Management Plant (Exhibit 34) and other materials, that the proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on the municipality's services. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 7 of the State criteria, regarding municipal solid waste disposal. Alternate Member Saucier moved that the Board finds that the proposed subdivision will not cause an unreasonable burden on the municipality's ability to dispose of solid waste because the subdivision will use a private waste disposal company, as indicated in Exhibit 83. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 8 of the State criteria, regarding aesthetic, cultural and natural values. Member Huhn moved that the Board finds, upon review of photographs of the surrounding architecture and neighborhood (Exhibit 19 and Exhibit 40) that the proposed subdivision will not have an undue adverse effect on the scenic or natural beauty of the area or aesthetics. Further, upon review of the Final Site Plan Set (Exhibit 79) and other materials, the Board finds that there will be open space, trails and pedestrian walkways that will increase the visual natural aesthetics and use of the area. The buildings themselves will be two-story homes with pitched roofs, horizontal siding, asphalt shingles and metal roofs, typical of most residential Page �� 12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 developments. The surrounding area does not have a predominant architectural style, and contains a mix of one- and two-story buildings, including some duplexes. The intensity of use and density of the Project in terms of the ratio of building to land area will be comparable to that of the surrounding neighborhood. Vehicular access will be by two entrances onto Lancaster Avenue and East Broadway, respectively. Notably, the Project will also include nine acres of open green space for community members to enjoy. The individual units will be sold to buyers with a homeowners' association holding title to the common areas, managing the development, and enforcing association rules. Additionally, based on information shown in Exhibits 88-90, the Board finds that the proposed subdivision does not contain any designated historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable natural areas, and is not close to a shoreline. Given this finding and those above, the Board finds that the proposed development meets the standard above. The motion was seconded by Member Boucher. Roll call vote conducted —four in favor (Member Boucher, Member Hayes, Member Huhn, and Chair Perkins), three opposed (Member Bazinet, Vice Chair Brush, and Alternate Member Saucier). Motion passed. Chair Perkins read the standard in Section 9 of the State criteria, regarding conformity with local ordinances and plans. Member Huhn moved that as noted in the findings above, the Board finds that the proposed subdivision conforms to the City of Bangor subdivision ordinance. The Board also finds that the proposed subdivision conforms to the 2022 Comprehensive Plan for the City of Bangor. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 10 of the State criteria, regarding financial and technical capacity. Alternate Member Saucier moved that the Board finds, upon review of the applicant's certificate of good standing (Exhibit 5) and construction loan and statement of technical capacity shown in Exhibit 84 that the subdivider has adequate financial and technical capacity to complete this proposed subdivision. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 11 of the State criteria, regarding surface waters and outstanding river segments. Planning Officer Collette confirmed that these standards are not applicable since this Section applies to the Shoreland Zone, which is not present on this property, and that the wetlands on the site do not meet the definition for the Shoreland Zone that is mentioned in this Section. Scott Braley, applicant's agent, presented to the podium and provided further clarification and concurred with the statements by Planning Officer Collette. Member Bazinet moved that the Board finds that this standard is inapplicable since the proposed subdivision is not situated entirely or partially within the watershed of any pond or lake or within 250 feet of any great pond, river, or wetland that meets the definition of Title 38, Chapter 3, Subchapter 1, Article 2- B. The motion was seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 12 of the State criteria, regarding ground water. Member Huhn moved that the Board finds, upon review of the Erosion and Sediment Control Plan, Maintenance Plan of Stormwater Management Facilities, FEMA Flood Map, and Department of Environmental Protection Page 8� 12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 Stormwater Permit that the proposed subdivision will not adversely affect the quality or quantity of ground water in any way. (Exhibits 11, 12, 13, & 15). Seconded by Member Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 13 of the State criteria, regarding flood areas. Member Bazinet moved that the Board finds, upon review of the FEMA Flood Map (Exhibit 13) that the area is not flood prone and therefore finds that this standard does not apply to the proposed development. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 14 of the State criteria, regarding freshwater wetlands. Alternate Member Saucier moved that the Board finds that, based on the review of Sheet EX— Pre-Development Conditions and C1 —Subdivision Plan (Exhibit 79), all freshwater wetlands within the proposed subdivision have been mapped. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 14-A of the State criteria, regarding farmland. Alternate Member Saucier moved that the Board finds, upon review of the email from the City Assessor (Exhibit 25) that there is no farmland within the proposed subdivision and therefore this standard is inapplicable. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 15 of the State criteria, regarding river, stream or brook. Member Brush moved that the Board finds, based on review of the final site plans shown in Exhibit 79, that there are no rivers, streams or brooks within or abutting the proposed subdivision. Seconded by Alternate Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 16 of the State criteria, regarding storm water. Member Huhn moved that the Board finds that, upon review of the Department of Environmental Protection Stormwater Permit (Exhibit 15), the Maintenance Plan of Stormwater Management Facilities (Exhibit 12), the Housekeeping Performance Standards (Exhibit 10), the Stormwater Management Plan contained in Exhibit 84, and, Sheet C3, C8-C14, and D1 of Exhibit 79, the proposed subdivision will provide for adequate storm water management. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 17 of the State criteria, regarding spaghetti-lots prohibited. Member Bazinet moved that the Board finds that, based on review of the final site plans in Exhibit 79, none of the lots in the proposed subdivision have frontage on a river, stream, brook, great pond or coastal wetland and therefore finds this standard to be inapplicable to the proposed development. Seconded by Alternate Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 18 of the State criteria, regarding lake phosphorus concentration. Vice Chair Brush moved that the Board finds that, based on review of the final site plans in Exhibit 79, there are no great ponds near the subdivision and therefore finds this standard to be inapplicable to the proposed development. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion Page 9� 12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 passed. Chair Perkins read the standard in Section 19 of the State criteria, regarding impact on adjoining municipality. Member Huhn moved that the Board finds this section inapplicable as the development does not cross municipal boundaries, based on review of the final site plans in Exhibit 79. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard in Section 20 of the State criteria, regarding lands subject to liquidation harvesting. Member Huhn moved that the Board finds, upon review of the email from the City Assessor (Exhibit 25) that there is no working forestland within the proposed subdivision (referred to as being in the "Tree Growth Program") and therefore this standard is inapplicable. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins introduced Part 1 of the draft findings, regarding the City's major preliminary subdivision criteria under §165-128(C). Chair Perkins read the standard under §165-128.C(1), regarding compliance with the State of Maine guidelines. Member Huhn moved that the Board finds that the subdivision meets the standards under the State of Maine guidelines in 30-A M.R.S.A. § 4404; these have been articulated in Part 2, below. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(2), regarding conformance to zoning regulations. Member Huhn moved that the Board finds, upon review of the Final Plan Set (Exhibit 79), that the plat will be built in the Low-Density Residential District and conforms to the existing zoning regulations of that district; specifically, see "General Notes" Sheet C-1, of Exhibit 79. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(3), regarding the requirement for lots to abut a street. Member Bazinet moved that the Board finds, upon review of Sheet C2, Road Plan (Exhibit 79) that at least one side of the lot on which the development is located will abut the improved public streets of Lancaster Avenue and Essex Street and the proposed extension of a public street, East Broadway, and therefore finds that the proposed development meets the above standard. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(4), regarding angles for side lot lines. Member Huhn moved that the Board finds that Sheet C1, Subdivision Plan (Exhibit 79) shows that the proposed development will meet these lot line standards. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(5), regarding corner lot width. Vice Chair Brush moved that the Board finds that there are no corner lots and therefore this section is inapplicable. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Page l0� 12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 Chair Perkins read the standard under §165-128.C(6), regarding connection with existing streets. Member Bazinet moved that the Board finds, upon review of Sheet C2, Road Plan (Exhibit 79), that all proposed streets will provide connection with existing streets. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(7), regarding intersection angles. Member Bazinet moved that the Board finds, upon review of Sheet C2, Road Plan (Exhibit 79) that all streets will be laid out so that no intersection will be at an angle of less than 60°. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(8), regarding dead-end streets. Member Bazinet moved that the Board finds, upon review of Sheet C2, Road Plan (Exhibit 79) that there will be no permanent dead- end streets in the proposed development. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(9), regarding land designated for City right-of-way purposes. Member Bazinet moved that the Board finds that this provision is inapplicable because there is no land designated on the Official Map for right-of-way purposes within the proposed subdivision. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(10), regarding street grades. Member Huhn moved that upon review of Sheet C3-Grading Plan, C5—Wildwood Dr Profile, C6— Firefly Ln Profile, and C7—Site Layout East Broadway Ext. (Exhibit 79), the Board finds that there will be no street grades less than 1.0% nor more than 6%. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(11), regarding right-of-way widths. Member Bazinet moved that the Board finds, upon review of Sheet C2, Road Plan (Exhibit 79) that the street right-of-way widths are within the requirements outlined above and are acceptable. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(12), regarding access to collector or arterial streets. Vice Chair Brush moved that the Board finds that upon review of Sheet C1 — Subdivision Plan and Sheet C2 - Road Plan (Exhibit 79) the proposed development is in compliance with the above standards. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(13), regarding number and spacing of access drives. Member Bazinet moved that the Board finds that upon review of Sheet C2, Road Plan (Exhibit 79) the proposed development is in compliance with the above standards. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(14), regarding interconnection of street and pedestrian systems. Member Huhn moved that the Board finds that upon review of Sheet C1, Subdivision Plan; Sheet C2, Road Plan, Sheet C15, Sidewalk Plan; and Sheet D1, Post Development Plan (Exhibit 79), that the proposed Page 11� 12 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December 5, 2023 development is in compliance with the above standards. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins read the standard under §165-128.C(15), regarding the preliminary plat containing all information required in §165-128 Subsection C(1) through (14). Member Bazinet moved that based on review of the final site plans provided in Exhibit 79 and the findings made above for the standards in §165-128.C(1-14), the Board finds that the preliminary plat for the proposed development meets the standard above. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved to approve the preliminary subdivision plat, on the condition that approval is received for all other permit requirements, that Map-Lots 044-039, 044-040, 044-041 and 044-043 be combined, and that the applicant post a surety bond to cover the cost of any improvements not completed by the end of Board's review of project. Seconded by Alternate Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet asked for clarification on the closing of the public hearing. Chair Perkins confirmed that closing the public hearing will close it for the remainder of the project review, but the Board can vote to re-open if inembers feel it is needed. Alternate Member Saucier moved to close the public hearing for the remainder of the project review. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. City Solicitor Szewczyk gave an overview of the remainder of the review process. Member Bazinet moved to continue review of this project to the next meeting on December 19, 2023. Seconded by Member Huhn. All in favor, none opposed. Motion passed. OTHER BUSINESS 4. Meeting Minutes — November 14, 2023 and November 21, 2023 Member Huhn moved to approve the meeting minutes of November 14, 2023 and November 21, 2023. Member Bazinet seconded. All voting members in favor, none opposed. Meeting adjourned at 10:05 pm. Respectfully submitted, Sarah Maquillan Development Assistant, Planning Division Page 12� 12