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PLANVUII�IG DIVIS[C7V�7
PLANNING BOARD
TUESDAY, DECEMBER 19, 2023, 7:00 P.M.
PENOBSCOT ROOM, LOWER LEVEL OF PENQUIS C.A.P., 262 HARLOW STREET
MEETING MINUTES
Board Members Present: Chair Reese Perkins
Michael Bazinet
Jonathan Boucher
Kenneth Huhn
Donald Meagher
Joshua Saucier (voting in the absence of Trish Hayes & Ted Brush)
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 PERMITS
1. Land Development Permit—Conditional Use—586 Main Street— Map-Lot 026-046-B - Land
Development Permit Application — Conditional Use for a small production distillery, barrel aging
facility, and tap room with small kitchen at property located at 586 Main Street, Map-Lot 026-
046-B, currently in the Waterfront Development District (WDD). Applicant: Mason's Brewing
Company/Christopher Morley. Owner: Maine Strain Distributors, LLC.
City Solicitor Szewczyk stated that Chair Perkins can offer to the applicant to defer this agenda item due
to the absence of two Board members.
Christopher Morley, applicant, presented to the podium. Agreed to go forward with review of application
this evening and gave an overview of said application.
Chair Perkins asked staff for comments —there were none.
Chair Perkins confirmed with the applicant that there are no proposed changes to exterior of building.
Gave an overview of the provided materials for finding of application completeness. Asked the Board for
any questions or comments.
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 i9, 2023
Member Boucher asked why a wastewater discharge permit was not required for this application.
Planning Officer Anja Collette clarified that the estimated discharge was below the threshold for needing
that permit.
Chair Perkins asked to correct the typo regarding square footage of project—memo states that conditional
use is limited to less than 1500sqft, but should read less than 15,OOOsqft. Planning Officer Collette
confirmed the correction.
Member Huhn moved to accept the application as complete. Seconded by Member Bazinet. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins opened the public hearing. No public comments— public hearing closed.
Chair Perkins introduced Part 2 of the draft findings document for the Project, containing the criteria for
a Conditional Use under§165-9.A.
Chair Perkins read the standard under §165-9.A(1). Member Boucher moved that subject to findings
made in Part 1 of Section IV of this document, as well as based on review of Exhibits 3-6, the Board finds
that the project meets the standards and use conditions of the district in which the property in question is
located, Waterfront Development District. The Board finds that there are not any variance requirements
or other standards that would impede with the granting of the permit. Seconded by Member Meagher.
Planning Officer Collette and City Solicitor Szewczyk suggested amending the motion to include "subject
to the findings made in Part 1." Member Boucher amended as such. Seconded by Member Huhn. Roll
call vote conducted — all in favor, none opposed.
Chair Perkins read the standard under§165-9.A(2). Member Meagher moved that the Board finds, based
on review of the applicant's narrative in Exhibit 3, that the project meets this standard. Seconded by
Member Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins read the standard under §165-9.A(3). Member Huhn moved that the Board finds, based
on review of the applicant's narrative in Exhibit 3, that the project meets this standard. Seconded by
Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins read the standard under §165-9.A(4). Member Bazinet moved that the Board finds this
standard to be inapplicable to the proposed project since this standard only applies to new construction
and the project proposes to use an existing building with no changes to the exterior site. Seconded by
Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins introduced Part 3 of the draft findings document for the Project, containing Site
Development Standards under Article XIX.
Member Huhn moved the Board finds this Article to be inapplicable to the proposed project since this
Article only applies to new construction and the project proposes to use an existing building with no
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changes to the exterior site. Seconded by Member Boucher. Roll call vote conducted —all in favor, none
opposed. Motion passed.
Chair Perkins introduced Part 4 of the draft findings document for the Project, containing Land
Development Approval Standards under Article XVI, § 165-114(A-J).
Member Huhn moved that the Board finds that, since no exterior site changes are proposed for the
project, the standards for Land Development Permit Approval are inapplicable. Seconded by Member
Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins introduced Part 5 of the draft findings document for the Project, containing requirements
under Articles I I through XI I.
Member Bazinet moved that the Board finds Articles II through IX to be inapplicable to the proposed
project. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Chair Perkins referenced the requirements under Article X, §165-71, regarding off-street parking for
residential districts. Member Huhn moved that the Board finds this Section to be inapplicable to the
proposed project because the project is not in a residential district. Seconded by Member Bazinet. Roll
call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins read the requirements under Article X, §165-72, regarding required number of spaces.
Member Bazinet moved that the Board finds that the parking standards set forth in this section are met
based on Exhibits 3-6, and based on the fact that no changes to the existing parking on site will be made.
Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the requirements under Article X, §165-73, regarding parking area location and
screening. Member Meagher moved that the Board finds that this Section is inapplicable because there
are no proposed changes to the existing parking on-site. Seconded by Member Bazinet. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the requirements under Article X, §165-74, regarding parking area design,
construction, and maintenance. Member Bazinet moved that the Board finds that this Section is
inapplicable because there are no proposed changes to the existing parking on-site. Seconded by
Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the requirements under Article X, §165-75, regarding parking structures or
decks. Member Bazinet moved that the Board finds this standard to be inapplicable to the proposed
development. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed.
Motion passed.
Chair Perkins referenced the requirements under Article XI, §165-76, regarding number of required off-
street loading spaces. Member Huhn moved that the proposed project would fall under the category of
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Planning Board Meeting Minutes —Tuesday, December i9, 2023
"Retail, service, wholesale warehouse, industrial or institutional use" between 1,000 and 25,000 square
feet, and therefore requires 1 off-street loading space. The Board finds, based on review of Exhibits 3-6,
that this Section is met. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none
opposed. Motion passed.
Chair Perkins referenced the requirements under Article XI, §165-77, regarding off-street loading space
size requirements. Member Bazinet moved that the Board finds, based on review of Exhibit 6, that this
Section is met. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed.
Motion passed.
Chair Perkins referenced the requirements under Article XI, §165-78, regarding additional off-street
loading space requirements. Member Meagher moved that The Board finds that the standards set forth
in this section are met based on Exhibit 6, and based on the fact that no changes to the exterior site will
be made. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Chair Perkins read the requirements under Article XII, §165-79, regarding utilities required. Member
Bazinet moved that the Board finds this section is met based on the narrative in Exhibit 3, which states
that existing utilities will be used. Seconded by Member Huhn. Roll call vote conducted — all in favor,
none opposed. Motion passed.
Chair Perkins read the requirements under Article XI I, §165-80A, regarding water and sewerage. Member
Huhn moved that the Board finds this section is met based on the narrative in Exhibit 3, which states that
existing utilities will be used. Seconded by Member Meagher. Roll call vote conducted—all in favor, none
opposed. Motion passed.
Chair Perkins referenced Article XII, § 165-80.1-80.3, regarding Cellular Telecommunications Towers
and Equipment, Solar Array Overlay, and Minor Essential Services Facilities. Member Meagher moved
that the Board finds Sections §165-80.1-§165-80.3 to be inapplicable to the proposed development.
Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the requirements under Article XII, § 165-81, regarding lighting. Member
Bazinet moved that the Board finds that the standards set forth in this section are met based on Exhibit
3, which states that existing utilities will be used and no changes to the exterior site will be made.
Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the requirements under Article XII, § 165-82, regarding fire hydrants. Member Huhn
moved that the Board finds this section is met based on the narrative in Exhibit 3, which states that
existing utilities will be used. Seconded by Member Boucher. Roll call vote conducted—all in favor, none
opposed. Motion passed.
Chair Perkins read the requirements under Article XII, § 165-84, regarding storm drainage and
stormwater offset. Member Meagher moved that the Board finds this Section to be inapplicable to the
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project based on the fact that no changes to the exterior site will be made. Seconded by Member Bazinet.
Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the requirements under Article XII, § 165-83, regarding electricity. Member Bazinet
moved that the Board finds this section is met based on the narrative in Exhibit 3, which states that
existing utilities will be used. Seconded by Member Huhn. Roll call vote conducted — all in favor, none
opposed. Motion passed.
Chair Perkins read the requirements under Article XII, § 165-85, regarding sanitary sewage discharge
information. Member Bazinet moved that the Board finds this section is met based on the narrative in
Exhibit 3, which states that existing utilities will be used, and Exhibit 10, containing confirmation from the
Wastewater Treatment Plant that there is sufficient sewer capacity for this use. Seconded by Member
Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the requirements under Article XII, § 165-86, regarding compliance with sewer
regulations. Member Meagher moved the Board finds this section is met based on the narrative in Exhibit
3, which states that existing utilities will be used. Seconded by Member Bazinet. Roll call vote conducted
—all in favor, none opposed. Motion passed.
Chair Perkins introduced Part 6 of the draft findings document for the Project, containing requirements
under Chapter 71 — Bangor Center Revitalization Area.
Member Huhn moved that the Board finds this Chapter to be inapplicable to the proposed development
since the subject property is not located within the Bangor Center Revitalization Area. Seconded by
Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins introduced Part 1 of the draft findings document for the Project, containing requirements
under §165— 94 - Waterfront Development District.
Chair Perkins read the requirements under §165-94.B, regarding basic requirements for the Waterfront
Development District. Member Huhn moved that The Board finds, based on the findings outlined in this
Part 1, as well as Parts 2-3 and Parts 5-6 of this [findings] document, that this standard is met for the
proposed development. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none
opposed. Motion passed.
Chair Perkins read the requirements under §165-94.D, regarding requirements for the conditional use in
the Waterfront Development District. Member Meagher moved that as outlined in Part 2, the Board finds
that the Applicant has met the standards for a Conditional Use. The Board also finds, based on review of
the applicant's narrative in Exhibit 3, that the project meets the requirements for commercial
establishments that provide for craftsmen, artisans and others to craft, prepare, package and sell their
products in the Waterfront Development District. Seconded by Member Huhn. Roll call vote conducted —
all in favor, none opposed. Motion passed.
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Member Boucher moved that the Board finds that the project meets the standards for a Conditional Use.
Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Meagher moved to approve the Land Development Permit Application —Conditional Use for the
property located at 586 Main Street, Map-Lot 026-046-B, in the Waterfront Development District (WDD).
Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed.
2. 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 Meagher stated that he reviewed all materials and the recording of the December 5, 2023 Board
meeting for which he was absent. Feels he is fully aware of the present status of the application review.
Chair Perkins made an offer to the applicant to defer this agenda item due to the absence of two Board
members. Timothy Pease, applicant's attorney, presented to the podium and stated they had no objection to
proceeding with further review this evening.
City Solicitor Szewczyk presented Board members with copies of materials submitted by Jeffrey Gray, member
of the public. Szewczyk recommended that the items not be entered into the record due to being received after
the deadline for public comment. Noted that if the Board feels the materials should be accepted into the record
late, the applicant will need to be given the opportunity to review and provide rebuttal. Member Bazinet asked
how late these materials had been submitted; Szewczyk responded that they were received yesterday and the
deadline was one week prior to the December 5th meeting. Bazinet asked where Gray would have had access
to the deadline information; Szewczyk responded that it was announced at the November 21 St, 2023 meeting,
which Gray was present at. Gray asked Chair Perkins for a point of order; Perkins declined at this time. Gray
clarified that he believes the material contains new information.
Member Huhn moved to not accept any late materials into the record. Seconded by Alternate Member Saucier.
Roll call vote conducted -- five in favor, one (Member Bazinet) opposed. Motion passed. Member Boucher
asked if staff feels the information is new. Staff clarified that the document is a new item of material. City
Solicitor Szewczyk confirmed that, with the Board's motion, the material cannot be reviewed as part of the
Board's deliberation.
City Solicitor Szewczyk presented Board members with a letter from the opponents' attorney. Recommended
that the Board move to go into an Executive Session if there are any questions. Noted that this letter was also
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received after the deadline. Alternate Member Saucier asked why any late materials should be presented to
the Board. Szewczyk confirmed that he feels the best method is to still present materials for the Board to
decide on accepting or not. Gave an overview of and comments on the contents of the letter.
City Engineer John Theriault presented to the Board. Gave overview of and comments on a concern raised in
the letter regarding stabilization of the development site, including City staff's response to drainage concerns
after the recent rainstorm.
City Solicitor Szewczyk added that there is case law support for the Chair's three-minute limit on public
comment at meetings.
Member Boucher asked Theriault if the referenced incident changes his view on the previous approval of the
project. Theriault responded it does not.
Member Bazinet asked about the three-minute limit on public comment; noted that Gray had expressed an
understanding that he would be given more time to present a slideshow, and wondered where the confusion
had arisen. Development Director Anne Krieg clarified that staff had informed the public that slideshows could
be presented within the three-minute limit. Bazinet expressed the feeling that this time limit is insufficient for
presentation of a slideshow. Member Meagher added that the full content of the slideshows in question had
been received by Board members for review, so feels the information was still distributed and accepted fairly.
Alternate Member Saucier asked about the case law support for the time limit, and noted that the concern may
be that the applicant does not have a time limit on the presentation of their information. City Solicitor Szewczyk
confirmed that the referenced case law supports this.
Member Huhn moved to not accept the letter from the opponents' attorney into the record. Seconded by
Member Meagher. Roll call vote conducted —five in favor, one (Member Bazinet) opposed. Motion passed.
City Solicitor Szewczyk gave an overview of the revisions made to the draft findings of fact and the next steps
in the review process.
Chair Perkins introduced Part 5 of the draft findings, regarding Site Development Standards under Article XIX,
§ 165-135 and § 136.
Chair Perkins read the standard under Article XIX, §165-135.A, regarding height limits. Member Meagher
moved that the Board finds, upon review of the Building Elevations (Exhibit 18) and Sheet C1 - Subdivision
Plan (Exhibit 79), that the above criteria are met. Seconded by Member Huhn. Roll call vote conducted —all in
favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XIX, §165-135.B, regarding floor area ratio. Member Huhn
moved that the Board finds that this standard is inapplicable since there is no maximum floor area ratio set for
the proposed type of use (Attached residential dwellings) in the Low-Density Residential District. Seconded by
Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XIX, §165-135.C, regarding impervious surface ratio. Member
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Meagher moved that the Board finds upon review of Sheet C1 - Subdivision Plan (Exhibit 79) that the
"impervious surface ratio" for the proposed development meets the standard above. Seconded by Member
Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XIX, §165-135.D, regarding buffer yards. Member Meagher
moved that the Board finds, upon review of the Final Site Plan Set (Exhibit 79) and the response from the
engineers with Plymouth Engineering dated November 16, 2023 (Exhibit 57) that the standards above are met.
The Board finds that the minimum standards have been met for the buffer yard requirements of this section.
Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XIX, §165-136.A, regarding egress door orientation. Member
Bazinet moved that the Board finds this standard to be inapplicable since the standard only applies to buildings
in the Urban Residence 1 and Urban Residence 2 Districts and the proposed development is in the Low-
Density Residential District. Seconded by Member Meagher. Roll call vote conducted —all in favor, none
opposed. Motion passed.
Chair Perkins introduced Part 6 of the draft findings, regarding Land Development Approval Standards in
Article XVI, § 165-114(A-J).
Chair Perkins read the standard under Article XVI, §165-114.A, regarding subdivisions. Member Huhn moved
that the Board, having found that the development is a subdivision, applied the criteria established under 30-A
M.R.S.A. § 4404. Based on the findings outlined in Parts 1 and 2 of Section IV of this [findings] document, the
Board finds that this standard is met. Seconded by Member Meagher. Roll call vote conducted —all in favor,
none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.B, regarding on-site parking, loading, and access.
Member Huhn moved that upon review of Sheet C1 —Subdivision Plan (Exhibit 79), Sheet C2 — Road Plan
(Exhibit 79), and Sheet C15 -Sidewalk Plan (Exhibit 79), the Board finds that the proposed parking and loading
layout are arranged in a reasonable and safe configuration and that safe pedestrian travel is provided for, and
therefore finds that this standard is met. Seconded by Member Boucher. Roll call vote conducted —all in favor,
none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.C, regarding driveways. Member Meagher moved
that upon review of Sheet C2 - Road Plan (Exhibit 79) the Board finds that all proposed access drives from the
site to any public right-of-way are reasonably necessary and safe and that all driveways conform to the
requirements of Chapter 271, Streets, Article VIII, Curb Cuts, and therefore finds that this standard is met.
Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.D, regarding stormwater management. Member
Huhn moved that the Board finds, upon review of the Department of Environmental Protection Stormwater
Permit (Exhibit 15), as well as the Housekeeping Performance Standards (Exhibit 10), Erosion & Sediment
Control Plan (Exhibit 11), Maintenance Plan of Stormwater Management Facilities (Exhibit 12) and Sheets C3
and Sheets C8-D1 of Exhibit 79, that the proposed development meets the standard above [of§165-114.D].
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Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.E, regarding outdoor display storage, and lighting.
Member Bazinet moved that upon review of the Lighting Specifications (Exhibit 17), Lighting Plan (Exhibit 43),
and the applicant's response to staff comments dated 11/08/2023 (Exhibit 84), the Board finds that the
proposed development meets the above standard for outdoor lighting. The Board finds that no display or
outdoor storage areas are proposed for the development under review and therefore this section of the above
standard is inapplicable. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed.
Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.F(1), regarding screening of the development.
Member Meagher moved that the Board finds, upon review of C1 - Subdivision Plan and D1 -Post
Development Plan (Exhibit 79) and the response from Plymouth Engineering (Exhibit 57) that the proposed
development is properly screened with a buffer to avoid unreasonable adverse effects on adjacent properties
and public rights-of-ways and therefore that this standard is met. Seconded by Member Huhn. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.F(2), regarding separation of paved areas from
open space, yards, and setback areas. Member Bazinet moved that upon review of Sheet C1 - Subdivision
Plan (Exhibit 79) and the applicant's response to staff comments dated 11/08/2023 (Exhibit 84), the Board
finds that the proposed development is properly setback along property lines and open space and yards are
separated from the paved and graveled areas and therefore that this standard is met. Seconded by Member
Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.F(3), regarding treatment of open space to reduce
dust and erosion. Member Huhn moved that upon review of the Housekeeping Plan (Exhibit 10), Sheet C8—
Erosion & Sediment Control (Exhibit 79), Erosion & Sedimentation Control Plan (Exhibit 11), and Maintenance
Plan of Stormwater Management Facilities (Exhibit 12), the Board finds that the proposed development meets
this standard. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion
passed.
Chair Perkins read the standard under Article XVI, §165-114.F(4), regarding additional plantings to break up
extensive facades and open space areas. Member Meagher moved that the Board finds this standard met
based on buffering and landscaping shown on Sheet C1 - Subdivision Plan (Exhibit 79) and described in
General Notes 16 and 17 on Sheet C1 —Subdivision Plan (Exhibit 79). Seconded by Member Huhn. Roll call
vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.F(5), regarding preservation of existing tree
growth. Member Huhn moved that based on the Board's review of Sheet C1 — Subdivision Plan (Exhibit 79)
and General Notes 16 and 17 contained therein, as well as the applicant's response to staff comments dated
November 16, 2023 (Exhibit 42), the Board finds that the proposed development meets this standard.
Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
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Chair Perkins read the standard under Article XVI, §165-114.F(6), regarding use of native species and
prohibition of planting invasive species. Member Bazinet moved that the Board finds that the proposed
development meets this standard and encourages the planting of native species of plants in their Final Site
Plan Set (Exhibit 79) and response from Plymouth Engineering, Inc. (Exhibit 38), upon the condition that the
applicant provides a species list for the proposed plantings. Seconded by Member Meagher. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.G, regarding building location. Member Meagher
moved that upon review of Sheet C1 - Subdivision Plan (Exhibit 79) the buildings in the proposed development
meet the required setbacks, the Board finds that the proposed development meets the standards in this
section. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.H, regarding environmental impacts. Member
Bazinet moved that the Board finds that this standard is inapplicable since the proposed development is not
within 250 feet of a historic site, significant wildlife habitat, or a rare/irreplaceable natural area, as evidenced by
Exhibits 88-90. There is no evidence in the record indicating otherwise. Seconded by Member Meagher. Roll
call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.1, regarding water resource and shoreline
preservation. Member Meagher moved that the Board finds that this standard is inapplicable since the
proposed development is not within 250 feet of any pond, lake, river, stream, or tidal waters. There is no
evidence in the record indicating otherwise. Seconded by Member Huhn. Roll call vote conducted — all in favor,
none opposed. Motion passed.
Chair Perkins read the standard under Article XVI, §165-114.J, regarding site developments needing approval
under 38 M.R.S.A. §§ 481 through 488. Member Bazinet moved that the Board finds that this section is
inapplicable since this project does not meet the definition of a development requiring approval under 38
M.R.S.A. §§ 481 through 489-A. Seconded by Member Huhn. Roll call vote conducted — all in favor, none
opposed. Motion passed.
Chair Perkins introduced Part 7 of the draft findings, regarding the requirements of Articles II through XII.
Chair Perkins referenced Article II —Word Usage and Definitions. Member Bazinet moved that the Board finds
this Article to be inapplicable to the proposed development since it does not contain separate criteria that
require compliance, as it is a definition section. Seconded by Member Meagher. Roll call vote conducted —all
in favor, none opposed. Motion passed.
Chair Perkins referenced Article III — Nonconformities. Member Bazinet moved that the Board finds this Article
to be inapplicable to the proposed development since project site does not contain any non-conforming
situations. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Chair Perkins referenced Article IV— Home Occupations Profession. Member Meagher moved that the Board
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finds this Article to be inapplicable to the proposed development since there is not currently proposed to be a
home occupation on this site and additionally, home occupations do not require Planning Board approval.
Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced Article V—Accessory Uses and Structures. Member Huhn moved that the Board
finds this Article to be inapplicable to the proposed development since no accessory uses or structures are
proposed. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion
passed.
Chair Perkins referenced Article VI, §165-32 —Quarries, mining and excavations. Member Bazinet moved that
the Board finds this Section to be inapplicable to the proposed development since no quarries, mining, or
excavations are proposed. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed.
Motion passed.
Chair Perkins read the standard under Article VI, §165-33.A, regarding filling, grading and earthmoving
activities. Member Meagher moved that the Board finds, based on the review of the Department of
Environmental Protection Stormwater Permit (Exhibit 15), as well as the Housekeeping Performance
Standards (Exhibit 10), Erosion & Sediment Control Plan (Exhibit 11), Maintenance Plan of Stormwater
Management Facilities (Exhibit 12) and Sheets C3 and Sheets C8-D1 of Exhibit 79, that this standard is met.
Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article VI, §165-33.B, regarding earthmoving activities allowed without a
permit. Member Bazinet moved that the Board finds that this standard is met since the proposed development
meets the Land Development Permit standards required for site plans, as outlined in part 6. Seconded by
Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standard under Article VI, §165-33.C, regarding earthmoving activities requiring a
permit. Member Huhn moved that the Board finds that this standard is inapplicable to the proposed
development. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion
passed.
Chair Perkins referenced the standard under Article VI, §165-33.D, regarding filling, grading, earth removal and
similar earthmoving activities in the Resource Protection Zone. Member Bazinet moved that the Board finds
this standard to be inapplicable to the proposed development since the site is not within the Resource
Protection Zone. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Chair Perkins referenced the standards under Article VIA- Erosion and Sedimentation Control. Member Huhn
moved that the Board finds that the standards in this Article are met because the proposed development is
required to follow the erosion and sedimentation control measures as set forth in Exhibit 10 (Housekeeping
Performance Standards), Exhibit 11 (Erosion & Sediment Control Plan); Exhibit 12 (Erosion & Sediment
Control Plan); Exhibit 15 (Department of Environmental Protection decision approving transfer of Stormwater
Permit dated 03.24.2023, and conditions of Stormwater Permit); and Exhibit 79 , Sheet C8 (Erosion and
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Sediment Control). Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed.
Motion passed.
Chair Perkins referenced the standards under Article VII — Shoreland Zoning. Member Bazinet moved that the
Board finds this Article to be inapplicable to the proposed development since no portion of the project site is
within the Shoreland Zone. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed.
Motion passed.
Chair Perkins referenced the standards under Article VIII — Height Regulations. Member Bazinet moved that
the Board finds this Article 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 referenced the standard under Article IX—Supplemental Lot and Yard Limitations, §165-62,
regarding visual clearance on corner lots. Member Meagher moved that the Board finds this standard to be
inapplicable to the proposed development since it does not contain a corner lot. Seconded by Member Bazinet.
Roll call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article IX, §165-63, regarding building setback on planned streets and
interstate highways. Member Bazinet moved that the Board finds, based on review of Sheet C1 — Subdivision
Plan (Exhibit 79), that this standard is met for the proposed development. Seconded by Member Meagher. Roll
call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article IX, §165-64, regarding side yard width. Member Huhn moved
that the Board finds, based on review of Sheet C1 — Subdivision Plan (Exhibit 79), that this standard is met for
the proposed development. Seconded by Member Meagher. Roll call vote conducted —all in favor, none
opposed. Motion passed.
Chair Perkins read the standard under Article IX, §165-65, regarding yard space for group buildings. Member
Meagher moved that the Board finds, based on review of Sheet C1 —Subdivision Plan (Exhibit 79), that this
standard is met for the proposed development. Seconded by Member Bazinet. Roll call vote conducted —all in
favor, none opposed. Motion passed.
Chair Perkins read the standard under Article IX, §165-66, regarding zoning district boundaries. Member
Bazinet moved that the Board finds this standard to be inapplicable to the proposed development since the
development is not located within a zone listed in this section. Seconded by Member Huhn. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article IX, §165-67, regarding outdoor display and storage buffer yard.
Member Meagher moved that the Board finds this standard to be inapplicable to the proposed development
since no outdoor storage or display is proposed. Seconded by Member Boucher. Roll call vote conducted —all
in favor, none opposed. Motion passed.
Chair Perkins read the standard under Article IX, §165-68, regarding lot frontage. Member Bazinet moved that
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the Board finds, based on review of Sheet C1 —Subdivision Plan (Exhibit 79), that the proposed development
meets the minimum frontage requirement of 50 feet in this standard and that sections A and B of this standard
are inapplicable to the proposed development. Seconded by Alternate Member Saucier. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standard under Article IX, §165-69, regarding planned group development.
Member Bazinet moved that the Board finds that this standard is inapplicable to the proposed development
since it is not a planned group development. Seconded by Member Meagher. Roll call vote conducted —all in
favor, none opposed. Motion passed.
Chair Perkins referenced the standard under Article IX, §165-70, regarding minor yard and area variations.
Alternate Member Saucier moved that the Board finds that this standard is inapplicable to the proposed
development since it does not contain criteria that require Planning Board approval. Seconded by Member
Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standard under Article IX, §165-70.1, regarding preexisting unlotted subdivisions.
Alternate Member Saucier moved that the Board finds that this standard is inapplicable to the proposed
development since the development does not involve a preexisting unlotted subdivision. Seconded by Member
Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standard under Article IX, §165-70.2, regarding open space parcels. Alternate
Member Saucier moved that the Board finds that this standard is inapplicable to the proposed development
since the development does not create an open space parcel. Seconded by Member Boucher. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standard under Article IX, §165-70.3, regarding setbacks from railroad parcels.
Alternate Member Saucier moved that the Board finds that this standard is inapplicable to the proposed
development since the development is not adjacent to a railroad. Seconded by Member Boucher. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article X, §165-71, regarding off-street parking in residential
districts. Member Huhn moved that the Board finds sections A and B of this section are met based on §3.10,
Exhibit 6, Homeowners Association Documents, which mandates that residents must follow all government
regulations, including those set forth herein. The Board finds that sections C and D are inapplicable to the
proposed development. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed.
Motion passed.
Chair Perkins referenced the standards under Article X, §165-72, regarding required number of off-street
parking spaces. Member Meagher moved that the Board finds that the parking standards set forth in this
section are met based on Sheet C1 — Subdivision Plan, Exhibit 79, which depicts 2 spaces per dwelling unit,
thereby exceeding the parking requirement. Seconded by Member Bazinet. Roll call vote conducted — all in
favor, none opposed. Motion passed.
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Chair Perkins referenced the standards under Article X, §165-73, regarding parking area location and
screening. Member Bazinet moved that the Board finds that sections A and B of this standard are met based
on Sheet C1 —Subdivision Plan, Exhibit 79. The Board finds sections C and D of this standard to be
inapplicable to the proposed development. Seconded by Member Meagher. Roll call vote conducted — all in
favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article X, §165-74.A, regarding minimum design standards for
parking areas. Member Bazinet moved that the Board finds part 1 of this section to be met for the proposed
development, based on review of Sheet C2 — Road Plan (Exhibit 79). The Board finds parts 2 and 3 of this
section to be inapplicable to the proposed development. Seconded by Member Meagher. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article X, §165-74.B, regarding required parking lot
improvements. Member Meagher moved that the Board finds this section to be inapplicable to the proposed
development. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion
passed.
Chair Perkins referenced the standards under Article X, §165-74.C, regarding required parking lot paving.
Member Bazinet moved that the Board finds, based on review of Sheets C2, C7, C9 of Exhibit 79, that this
standard is met. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion
passed.
Chair Perkins referenced the standards under Article X, §165-74.D, regarding parking lot design. Alternate
Member Saucier moved that the Board finds this standard to be inapplicable to the proposed development.
Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article X, §165-75, regarding parking structures or decks.
Member Bazinet moved that the Board finds this standard to be inapplicable to the proposed development.
Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article XI, regarding off-street loading. Alternate Member
Saucier moved that the Board finds this Article to be inapplicable to the proposed development. Seconded by
Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article XII, §165-79, regarding required utilities. Member
Meagher moved that the Board finds this section is met based on Sheet C4— Utility Plan, Exhibit 79, which
depicts the utility services. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none
opposed. Motion passed.
Chair Perkins referenced the standards under Article XII, §165-80A, regarding water and sewerage. Member
Bazinet moved that the Board finds, upon review of Sewer Capacity Certification from the Bangor Waste
Treatment Plant (Exhibit 34), Bangor Water District's letter in Exhibit 35, Sheet C4 — Utility Plan (Exhibit 79),
and other materials, that section A of this standard is met. The Board finds that section B of this standard is
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inapplicable to the proposed development. Seconded by Member Meagher. Roll call vote conducted — all in
favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article XII, §165-80.1, regarding Cellular Telecommunications
Towers and Equipment. Member Bazinet moved that the Board finds this standard to be inapplicable to the
proposed development. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed.
Motion passed.
Chair Perkins referenced the standards under Article XII, §165-80.2, regarding Solar Array Overlay. Member
Boucher moved that the Board 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 referenced the standards under Article XII, §165-80.3, regarding Minor Essential Services
Facilities. Member Boucher moved that the Board finds this standard to be inapplicable to the proposed
development. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion
passed.
Chair Perkins referenced the standards under Article XII, §165-81, regarding lighting. Member Bazinet moved
that upon review of the Lighting Specifications (Exhibit 17) and Lighting Plan (Exhibit 43) the Board finds that
the proposed development meets the standards for this section. Seconded by Member Meagher. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article XII, §165-82, regarding fire hydrants. Member Meagher
moved that upon review of the water service letter from the Bangor Water District (Exhibit 35), Sheet C4 -
Utility Plan (Exhibit 79), and an email from the Bangor Fire Chief containing approval of the proposed hydrants
for the development (Exhibit 36), the Board finds the proposed project meets this standard. Seconded by
Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article XII, §165-83, regarding electricity. Member Bazinet
moved that upon review of Sheet C4 - Utility Plan, Exhibit 79, the Board finds the proposed project meets this
standard. Seconded by Member Boucher. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Chair Perkins referenced the standards under Article XII, §165-84.A, regarding provision for surface water and
storm drainage. 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 project meets the requirements of this section.
Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article XII, §165-84.B, regarding stormwater offset requirements.
Member Bazinet moved that the Board finds, based on the opinion of the City Engineer as set forth in Exhibit
41, that this standard is inapplicable to the proposed development. As stated in Exhibit 41, the Maine Woods
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Project is located in an area where the bordering streets associated with the project (Essex Street, Lancaster
Avenue, and East Broadway) do not have combined stormwater and sanitary systems. The Maine Woods
Project completely separates stormwater flows from sanitary flows and provides stormwater treatment in
accordance with their DEP permit. No stormwater flow from the Maine Woods development will enter the
existing sanitary system. With no immediate separation project available within the boundaries of the Maine
Woods Development, the Board finds that this portion of the Code is not applicable to this project. Seconded
by Member Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article XII, §165-85, regarding sanitary sewage discharge
information. Member Huhn moved that the Board finds, upon review of Sewer Capacity Certification from the
Bangor Waste Treatment Plant (Exhibit 34) and the letter from the City Engineer at Exhibit 41, that the
applicant has provided sufficiently detailed sewage waste disposal information to allow the Board to assess the
adequacy of the project's sanitary flows. Seconded by Member Bazinet. Roll call vote conducted —all in favor,
none opposed. Motion passed.
Chair Perkins referenced the standards under Article XII, §165-86, regarding compliance with sewer
regulations. Member Huhn moved that the Board finds, based on the opinion of the City Engineer as set forth
in Exhibit 41, that the Maine Woods Project is located in an area where the bordering streets associated with
the project (Essex Street, Lancaster Avenue, and East Broadway) do not have combined stormwater and
sanitary systems. The Maine Woods Project completely separates stormwater flows from sanitary flows and
provides stormwater treatment in accordance with their DEP permit. No stormwater flow from the Maine
Woods development will enter the existing sanitary system. The Board further 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), as well as Sheets C3-C9 of
Exhibit 79 and the Sewer Capacity Certification from the Bangor Waste Treatment Plant (Exhibit 34), that the
proposed project meets the requirements of Chapter 252, Sewers and Drains, of the Code of the City of
Bangor. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins referenced the standards under Article XIIA— Prohibited Uses. Alternate Member Saucier moved
that the Board finds this article to be inapplicable to the proposed development. Seconded by Member
Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins introduced Part 3 of the draft findings, containing the standards for a conditional use as an
attached residential project under §165 —99: Low Density Residential.
Chair Perkins read the standard under §165-99.B, basic requirements of the Low-Density Residential district.
Member Bazinet moved that the Board finds, based on the findings outlined in this Part 3 as well as Parts 5
and 7 of this [findings] document, that this standard is met for the proposed development. Seconded by
Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins read the standard under §165-99.D(1), regarding requirements of the attached residential use in
the Low-Density Residential District. Member Boucher moved that, subject to the findings in Part 4 [of the
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findings document], the Board finds that the Applicant has met the provisions of§ 165-9 (Conditional Uses).
Section 165-99.D.(1)(a) is met because, according to Sheet C2 - Subdivision Plan (Exhibit 79), the
development contains more than three acres. Further, §165-99.D.(1)(b) is met because, according to Sheet C2
- Subdivision Plan (Exhibit 79), the site development does not exceed five dwelling units per acre. The Board
also finds the site development meets the requirements in Articles XIX (as required by §165-99.D.(1)(c)) and
XVI (as required by §165-99.D.(1)(d)), which are explained in detail below, in Part 5 and Part 6 [of the findings
document], respectively. Finally, the Board finds that the development meets §165-99.D.(1)(e) because it has
water service (Exhibit 35) from the Bangor Water District, and it meets §165-99.D.(1)(� because it has sewer
service (Exhibit 34) from the City of Bangor. Therefore, based on the findings above, the Board finds that the
proposed development meets the requirements for an attached residential use in the Low-Density Residential
District. Seconded by Alternate Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Chair Perkins introduced Part 4 of the draft findings, containing the standards for conditional uses contained in
§165-9.A.
Chair Perkins read the standard under §165-9.A(1), regarding compliance with development standards and
use conditions of the zoning district. Member Bazinet moved that, based on the findings made in Parts 3, 5, 6,
and 7 of Section IV of this [findings] document, the Board finds that the development meets the standards and
use conditions of the district in which the property in question is located, Low-Density Residential. The Board
finds that there are not any variance requirements or other standards that would impede with the granting of
the permit. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed.
Chair Perkins read the standard under §165-9.A(2), regarding traffic congestion and hazardous conditions.
Alternate Member Saucier moved that, upon review of the Traffic Analysis and associated materials (Exhibits
16, 29, 30, and 42), the Board finds that the Project will not create unreasonable traffic congestion or
hazardous conditions on contiguous or adjacent streets. Seconded by Member Huhn. Roll call vote conducted
— all in favor, none opposed. Motion passed.
Chair Perkins read the standard under §165-9.A(3), regarding utilities, fire protection, and other necessary site
improvements. Alternate Member Saucier moved that, based the Board's review of the Final Site Plan Set
(Exhibit 79), Department of Environmental Protection Stormwater Permit (Exhibit 15), Housekeeping
Performance Standards (Exhibit 10), Erosion & Sediment Control Plan (Exhibit 11), Maintenance Plan of
Stormwater Management Facilities (Exhibit 12), Bangor Wastewater Treatment Plant sewer capacity
certification (Exhibit 34), Bangor Water District capacity statement (Exhibit 35), and the Bangor Fire Chief's
approval of the proposed fire hydrants (Exhibit 36), the Board finds this standard to be met. Seconded by
Member Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed.
Chair Perkins read the standard under §165-9.A(4), regarding appropriateness of the use for the proposed
location. Member Huhn moved that, as shown in Exhibit 40, which includes extensive aerial photographs of
properties within 500 feet of the Project area, the immediate area of the Project does not have a predominant
architectural style. Instead, it is primarily a residential area with an extensive mix of one- and two-story
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buildings, and a number of duplexes. The photographs show a significant portion of the properties have
second floor living space. The Project duplexes themselves (Exhibits 2 &18) will be two-story homes with
pitched roofs, horizontal siding, asphalt shingles and metal roofs, typical of most residential developments in
the immediate area. Based on the noted exhibits, the Board finds the Project conforms to the general
architectural style of the immediate area. As for building bulk, the Board finds that the Project buildings
conform to the height and the existing ratio of land area to building area for other properties in the immediate
area. In particular, the Building Elevations (Exhibit 18), various photographs of the surrounding homes
(Exhibits 19 & 40), and Lot Use Intensity Calculations (Exhibit 8), demonstrate that the overall ratio of building
area to land is less for the Project than for the immediate area. Lastly, based on Exhibit 8, the Board finds that
the intensity of use at the site will conform to the general intensity of use of the immediate area. Therefore, the
Board finds that this standard is met since the Project is appropriate for the location for which it is sought
because the proposed use will conform to the general physical development pattern of the immediate area as
to architectural style, building bulk and extent, and intensity of site use. Seconded by Alternate Member
Saucier. Roll call vote conducted —five in favor, one (Member Bazinet) opposed. Motion passed.
Alternate Member Saucier moved that the Board finds that the project meets the standards for a Conditional
Use. Seconded by Member Boucher. Roll call vote conducted —five in favor, one (Member Bazinet) opposed.
Motion passed.
Member Huhn moved that the Board finds that the standards for a Land Development Permit are met and
votes to approve the Land Development Permit for a Major Site Development, Conditional Use, and
Preliminary Subdivision for the proposed development. This approval is subject to the final major subdivision
application for the Project being approved. Seconded by Member Meagher. Roll call vote conducted —five in
favor, one (Member Bazinet) opposed. Motion passed.
City Solicitor Szewczyk and Chair Perkins discussed the condition to require a species list for the proposed
plantings. It was determined that this will be included in the next review at the January 2, 2024 meeting.
OTHER BUSINESS
3. Meeting Minutes — December 5, 2023
Chair Perkins stated that review of minutes will be postponed until the next meeting.
Chair Perkins discussed the swearing in of new Board members at the next meeting. Thanked Member Huhn
for his service to the Board, as his term is ending at the end of this year and he will not be returning.
Meeting adjourned at 9:56 pm.
Respectfully submitted,
Sarah Maquillan,
Development Assistant
Planning Division
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