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HomeMy WebLinkAbout2024-01-02 Planning Board Minutes 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV PLANNING BOARD TUESDAY, JANUARY 2, 2024, 7:00 P.M. PENOBSCOT ROOM, LOWER FLOOR OF PENQUIS CAP 262 HARLOW STREET MEETING MINUTES Board Members Present: Chair Reese Perkins Vice Chair Ted Brush Michael Bazinet Jonathan Boucher Trish Hayes Donald Meagher Joshua Saucier Janet Sanborn Jonas City Staff Present: Anne Krieg, Development Director Anja Collette, Planning Officer David Szewczyk, City Solicitor Grace Innis, Assistant Solicitor John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. Annual Election of Officers Chair Perkins introduced the agenda item; asked for nominations for the office of Chair. Member Bazinet nominated Perkins; no other nominations. All in favor, none opposed. Chair Perkins asked for nominations for the office of Vice Chair. Member Meagher nominated Vice Chair Brush; no other nominations. All in favor, none opposed. PUBLIC HEARING – LAND DEVELOPMENT PERMITS 1. Land Development Permit – Final Major Subdivision – Lancaster Avenue and East Broadway – Map-Lot 044-043 - Land Development Permit Application – Final Major Subdivision 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-Lot 044-043 in the Low-Density Residential District (LDR). Applicant/Owner: Team Properties, LLC. Page 2 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, January 2, 2024 Chair Perkins introduced the agenda item. Noted that, as Member Hayes and Vice Chair Brush were not present at last meeting, it will need to be confirmed that they have reviewed the information from that meeting. Vice Chair Brush confirmed that he watched the full recording of the meeting. Member Hayes confirmed that she read the meeting minutes. Chair Perkins asked City Solicitor David Szewczyk whether there is any concern about Hayes having only read the minutes and not having watched the recording. Szewczyk responded that Hayes is likely up-to-speed on the project from all of the previous meetings and that, as the final subdivision application being reviewed this evening was not a part of last meeting’s review, he is comfortable with her continuing on in the discussion and review this evening. Chair Perkins asked for a motion to enter the new exhibits into the record. Member Meagher so moved, seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Applicant representative, Tim Pease, presented to the podium. Briefly reviewed the subdivision review process and stated that he does not have any new materials or information to add beyond what the Board has already received, but is available for questions. Chair Perkins asked the staff for any comments. Planning Officer Anja Collette asked for a discussion on the improvement guaranty condition on the preliminary subdivision approval. City Solicitor Szewczyk noted that he would recommend re-wording the condition and introducing a motion on whether the condition has been satisfied. He added that, since the last meeting, an improvement guaranty has been submitted by the applicant. City Engineer John Theriault described the required improvements and stated that he estimated at the cost at $10,000, which was provided by the applicant. Szewczyk confirmed that he finds this to be acceptable. Chair Perkins moved to amend the condition to state that the applicant provide an improvement guaranty in a form deemed acceptable under §165-130.A(1), seconded by Member Meagher. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Saucier moved that the condition of the improvement guaranty has been satisfied by a method that has been approved by the City Solicitor and an in an amount acceptable to the City Engineer, by the deposit of cash in escrow by the applicant in an amount deemed appropriate to cover the cost of improvements, seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Meagher moved that the Board finds that the applicant filed an application for a major subdivision final plat approval with the staff coordinator on December 11, 2023 (Exhibits 93-97), over 20 days prior to the Planning Board meeting at which it was considered on January 2, 2024 and within 12 months of the preliminary plan approval by the Planning Board on December 5, 2023. The application included the submission of prints consistent with the requirements of §165-112 (Exhibit 107). Two reproducible copies of the final lotting plan which meet the recording requirements of the Penobscot County Registry of Deeds were also submitted as part of the application (Exhibit 94). Seconded by Member Boucher. Roll call vote conducted – all in favor, none opposed. Motion passed. Page 3 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, January 2, 2024 Vice Chair Brush moved that the Board finds that the Planning Officer reviewed the application for compliance with the provisions of this chapter and within less than 10 days, notified the applicant in writing of deficiencies in the application and recommended modifications, as shown in the emails in Exhibits 104-106. The applicants submitted the requested modifications, which are shown in final form in Exhibits 94 and 103. Seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Bazinet moved that the Board finds that the final plat of the major subdivision was prepared and approved by a licensed professional engineer (Scott Braley of Plymouth Engineering, Inc.) and the plan includes a signature block and stamp of the firm, as shown on Sheet C1 of the final subdivision plan set (Exhibit 94). Seconded by Member Meagher. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Saucier moved that the Board finds, upon review of Sheet C1 of the final subdivision plan set submitted to the City (Exhibit 94), that the final plat includes the information in Subsections a-i of §165- 128.E(4). Seconded by Vice Chair Brush. Roll call vote conducted – all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board finds, based on review of Sheet C1 of the final subdivision plan set (Exhibit 94) that all of the required information is provided for and present and therefore that the standard of §165-128.G(1) is met. Seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Bazinet moved that the Board finds that no changes or modifications were required for the final plat and thus the standard of §165-128.G(2) is inapplicable. Seconded by Vice Chair Brush. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Meagher moved that the Board finds, upon review of the City Engineer’s written report dated 12.27.2023 (Exhibit 98) that the Final Plat was reviewed by the City Engineer and therefore that the standard of §165-128.G(3) is met. Seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Bazinet moved that the Board finds, through reference to previous findings in Section IV – Parts 1 and 2 of the Findings of Fact regarding the preliminary plat, that the project meets the standards for preliminary plat approval and therefore that the standard of §165-128.G(4) is met. Seconded by Member Saucier. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Saucier moved that the Board finds, based on review of the preliminary subdivision plan set (Exhibit 79) and the final subdivision plan set (Exhibit 94), that no substantive changes have been made from the preliminary subdivision plat and therefore that the standard of §165-128.G(5) is met. Seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Page 4 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, January 2, 2024 Member Bazinet moved that the Board finds Sections 1 and 5 of the standard of §165-128.H to be inapplicable to the proposed development; that the Board finds, upon review of Sheet C1 of the final subdivision plan set (Exhibit 94), that the subdivision plan includes open space that exceeds 5% of the gross acreage of the subdivision and therefore that Section 2 of this standard is met, since all areas outside of the buildings, roads, and parking spaces are considered part of the open space on the plan; and that the Board finds, upon review of the Homeowners’ Association Documents including Declaration of Covenants, Conditions and Restrictions of the Maine Woods Planned Unit Development (Exhibit 97), that Sections 3 and 4 of this standard are met as the open space land will be owned, protected, and maintained by the Homeowners’ Association in perpetuity. Seconded by Member Meagher. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Saucier moved that the Board approve the major subdivision final plat for Maine Woods (the Project). Seconded by Vice Chair Brush. Roll call vote conducted – all in favor, none opposed. Motion passed. Planning Officer Collette asked City Solicitor Szewczyk to clarify whether the Findings of Fact need to be edited or not to include the newly accepted exhibits for the improvement guaranty. Szewczyk confirmed that these two exhibits can be added to the wording of the motion on this condition. Vice Chair Brush moved that the Board find, based on the findings made in Parts 3-7 of Section IV of the [Draft Findings and Decision] document and procedural finding #10 in Section III of said document, and based on review of Exhibits 100-103, as well as Exhibits 115-116, that the conditions made [for the preliminary subdivision plat and the land development permit approvals] have been met. Seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Chair Perkins moved that the Board approve the Land Development Permit for a conditional use, major site development, and major subdivision for the Project, Maine Woods. Seconded by Member Meagher. Roll call vote conducted – all in favor, none opposed. Motion passed. Planning Officer Collette noted that the final subdivision plat will need to be signed by Board members at the end of the meeting. 2. Land Development Permit – Conditional Use – 1380 Hammond Street – Map-Lot R09-011- A - Land Development Permit Application – Conditional Use for a change of use to office and warehouse storage at property located at 1380 Hammond Street, Map-Lot R09-011A, currently in the General Commercial & Service District (GC&S). Applicant: Electrify Maine. Owner: 35 Main Downtown LLC/Luke McCannell. Applicant, Chris Brown of Electrify Maine, presented to the Board via Zoom. Gave overview of application. Chair Perkins asked to confirm that there are no proposed changes to the building – Brown confirmed this. Chair Perkins asked the staff for any comments – there were none. Page 5 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, January 2, 2024 Chair Perkins asked the Board for any questions or comments. Member Boucher asked to confirm that the applicant is the lessee of the property, not the owner – Perkins and Brown both confirmed this. Vice Chair Brush moved that the Board find that the application is complete, seconded by Member Meagher. 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 listed all standards that are not applicable to this project and requested that the Board vote on these first, in one motion. Member Meagher moved that the Board find that the standards of Article XIX, §165-135 and §136; Article XVI, §165-114(a-j); Articles II through XII; Article X, §165-71; and Article XII, §165-80.1 are inapplicable to the project. Seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that the parking standards set forth in §165-72 are met based on Exhibits 3 and 7, and based on the fact that no changes to the existing parking on site will be made. Seconded by Vice Chair Brush. Roll call vote conducted – all in favor, none opposed. Motion passed. Vice Chair Brush moved that the proposed project falls under the category of “Retail, service, wholesale warehouse, industrial or institutional use” between 1,000 and 25,000 square feet, and therefore requires one off-street loading space, and that the Board find, based on review of Exhibit 7, that §165-76 is met. Seconded by Member Saucier. Roll call vote conducted – all in favor, none opposed. Motion passed. Chair Brush moved that the Board find, based on review of Exhibit 7, that §165-77 is met. Seconded by Member Meagher. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that the standards set forth in §165-78 are met based on Exhibit 7, and based on the fact that no changes to the exterior site will be made. Seconded by Vice Chair Brush. Roll call vote conducted – all in favor, none opposed. Motion passed. Chair Perkins noted that the submitted materials from staff did not include a sign-off from Fire Prevention. Planning Officer Collette responded that Fire Prevention staff did not express any concerns about the project, and added that existing utilities will be used. Vice Chair Brush moved that the Board find that §165-79, §165-80A, and §165-81 through §165-86 are met based on the narrative in Exhibit 3, which states that existing utilities will be used and no changes to the exterior site will be made. Seconded by Member Meagher. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find, based on the findings outlined in Part 4 of the [Draft Notice of Decision], as well as Parts 1-3 of said document, that the standard of §165-102.B is met for the proposed Page 6 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, January 2, 2024 development. Seconded by Vice Chair Brush. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Meagher moved that, subject to findings that the standards in Part 5 [of the Draft Notice of Decision] have been met, the Board find that the applicant has met the standards for a conditional use, and that the Board also find, based on review of the applicant’s narrative in Exhibit 3 and based on findings made in Part 1 [of the Draft Notice of Decision], that the project meets the requirements for warehousing or wholesaling of goods and materials in the General Commercial and Service District. Seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Saucier moved that, based on the findings made in Part 4 of Section IV of [of the Draft Notice of Decision], as well as based on reviews of Exhibits 3 and 7, the Board find that the project meets the standards and use conditions of the district in which the property in questions is located, the General Commercial and Service District, and that the Board find that there are not any variance requirements or other standards that would impede with the granting of the permit. Seconded by Vice Chair Brush. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find, based on review of the applicant’s narrative in Exhibit 3, that the project meets the standard of §165-9.A(2). Seconded by Vice Chair Brush. Roll call vote conducted – all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find, based on review of the applicant’s narrative in Exhibit 3, that the project meets the standard of §165-9.A(3). Seconded by Member Meagher. Roll call vote conducted – all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that the standard of §165-9.A(4) is 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 Vice Chair Brush. Roll call vote conducted – all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that the project meets the standards for a conditional use. Seconded by Member Bazinet. Roll call vote conducted – all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board approve the Land Development Permit for a Conditional Use for the proposed project. Seconded by Member Meagher. Roll call vote conducted – all in favor, none opposed. Motion passed. OTHER BUSINESS 3. Adoption of Notice of Decision for 1246 Ohio Street Chair Perkins, Planning Officer Collette, and City Solicitor Szewczyk clarified the approval and adoption process for projects moving forward. Page 7 | 7 City of Bangor Planning Division Planning Board Meeting Minutes – Tuesday, January 2, 2024 Chair Perkins asked the Board for any questions or comments on the notice of decision for 1246 Ohio Street – there were none. Member Meagher moved that the Board adopt the notice of decision for 1246 Ohio Street, seconded by Vice Chair Brush. Roll call vote conducted – all voting members in favor, none opposed. Motion passed. 4. Adoption of Notice of Decision for 586 Main Street Chair Perkins asked the Board for any questions or comments – there were none. Member Meagher moved that the Board adopt the notice of decision for 586 Main Street, seconded by Member Bazinet. Roll call vote conducted – all voting members in favor, none opposed. Motion passed. 5. Meeting Minutes – December 5, 2023 and December 19, 2023 Vice Chair Brush moved to approve the meeting minutes of December 5, 2023, seconded by Member Bazinet. All voting members in favor, none opposed. Motion passed. Member Meagher moved to approve the meeting minutes of December 19, 2023, seconded by Member Boucher. All voting members in favor, none opposed. Motion passed. Chair Perkins outlined new guidelines regarding the timeline of new members being sworn in. Planning Officer Collette mentioned the need for signatures on site plans and notices of decision before members leave this evening. Chair Perkins and City Solicitor Szewczyk discussed changes to the approval process and how it can be streamlined moving forward. Meeting adjourned at 8:15 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division