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PLANVUII�IG DIVIS[C7V�7
PLANNING BOARD
TUESDAY, FEBRUARY 6, 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
Brian Scannell, Planning Analyst
Grace Innis, Assistant Solicitor
John Theriault, City Engineer
Chair Perkins called the meeting to order at 7:00 P.M.
OLD BUSINESS
1. Adoption of Notice of Decision for Maine Woods — Map-Lot 044-043 on Lancaster
Avenue & East Broadway
Chair Perkins introduced the agenda item. Asked Board members for any questions or comments—there
were none.
Member Meagher moved to adopt the Notice of Decision for Maine Woods — Map-Lot 044-043 on
Lancaster Avenue & East Broadway, seconded by Vice Chair Brush. Roll call vote conducted — all in
favor, none opposed. Motion passed.
2. Adoption of Notice of Decision for 1380 Hammond Street
Chair Perkins introduced the agenda item. Asked Board members for any questions or comments—there
were none.
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, February 6, 2024
Member Bazinet moved to adopt the Notice of Decision for 1380 Hammond Street, seconded by Vice
Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed.
NEW BUSINESS
PUBLIC HEARING — LAND DEVELOPMENT CODE AMENDMENTS
3. Zone Chanqe— Map-Lot 002-009— Neiqhborhood Service District (NSD)/Urban Residence
1 District (URD-1)/Urban Service District (USD) to Urban Service District (USD) for the
entire lot - To amend the Land Development Code by changing a parcel of land, located at 108
Odlin Road, Map-Lot 002-009, from Neighborhood Service District (NSD)/Urban Residence 1
District (URD-1)/Urban Service District (USD) to Urban Service District (USD) for the entire lot.
Said area of land contains approximately 6.27 acres total. Applicant/Owner: Bangor Lodge#244
B.P.O. Elks.
Jason Worster, Bangor Lodge of Elks (applicant), presented to the podium and gave an overview of the
zone change proposal.
Chair Perkins asked to clarify the location of the proposed addition; Worster clarified.
Chair Perkins asked staff for any comments—there were none.
Chair Perkins asked Board members for any questions or comments.
Alternate Member Jonas asked if additional paving will be needed; Worster responded that it will. Clarified
the amount of added impervious surface. Gave additional details about the current zoning boundaries
and why zone change needed for addition of more parking.
Member Saucier asked staff if a site development plan application will be presented to the Board, pending
the approval of this zone change. Planning Officer Collette confirmed that it will.
Chair Perkins opened the public hearing.
Member of the public, Christine Babin, presented to the podium. Stated that she is an abutting property
owner and noted concern that camping would be occurring on-site; glad to hear that this is no longer part
of the plans. Requested that 25' buffer be maintained due to neighborhood of family homes with
backyards abutting proposed additional parking area. Planning Officer Collette confirmed the buffer
requirements for the Board. Chair Perkins clarified that this would be part of the site development plan
approval process. Worster presented to the podium again to clarify the buffer area currently in place and
that there is no desire to impose upon that. Also clarified that campers will still be present on-site, but will
not be on the residential side of the property. Chair Perkins asked if the Lodge has any concerns with the
25' buffer restriction; Worster confirmed that they do not.
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, February 6, 2024
Member of the public, Bud Neal, presented to the podium. Expressed concern over noise at the Lodge.
Opposed to any further encroachment towards the residential side of the property, but would be
supportive of proposed expansion on commercial side of the property. Concerned about water run-off
from replacing existing vegetation with pavement. Chair Perkins clarified that this, too, would be
addressed during site development plan approval process. Worster asked if he should address these
concerns; Perkins responded that would be best to wait to address until site development plan is
presented to the Board.
Member of the public, Shelby Thomas, presented to the podium. Asked what original zone of the parcel
was at time of the Lodge being built. Planning Officer Collette confirmed that unable to find zoning map
from that time, but land use designation for the area at that time was for civic and institutional use.Thomas
noted that he felt it significant that part of the property is currently zoned residential (URD-1). Feels that
this may have been to protect existing buffer against neighboring residential area. Asked that the Board
postpone decision on this zone change application until records can be found reflecting reason for
preservation of partial residential zone. Expressed concern over current condition of fence separating the
subject property from the residential area.
Christine Babin presented to the podium again. Noted that her attorney could not find the aforementioned
records either. Stated that her attorney and real estate agent were both under the same impression that
the partial residential zoning was done purposely to protect the residential area.
Member of the public, Jeremy Lee, presented to the Board via Zoom. Echoed the concerns of Mr.
Thomas. Asked if zone change would allow the Lodge to add camping as a use in the future. Planning
Officer Collette responded that it would not. Worster clarified that the intended use is parking for campers,
not on-site camping.
Chair Perkins closed the public hearing.
Member Bazinet stated that he agrees it would be helpful to attempt to find older records.
Member Saucier noted that he found some information in the Registry of Deeds records that may be
helpful to look into. Commented that it is a unique site with the multiple zones.
Planning Officer Collette clarified that staff was unable to find any information in the digital files and that
there is limited access to City Hall at present to look through the hard files. Noted that if Board would like
to postpone decision, staff can try to coordinate access to City Hall, but is unsure when that may be.
Chair Perkins commented that buffers are intended to protect neighboring properties, but finds it unusual
that zoning would be used for this purpose. Planning Officer Collette discussed several possibilities of
what may have occurred, such as property lines changing. Perkins asked if this has been seen on other
properties; Collette responded that she has not seen this.
Member Bazinet asked if it may be worthwhile to inquire of previous Planning Officer, David Gould.
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, February 6, 2024
Member Saucier noted that this property is next to a military base, so feels that zoning boundaries may
also have been affected by this.
Chair Perkins noted that a zone change to Urban Service District (USD) could allow for uses such as
nightclubs, and is concerned about this. Asked if there are time limits on these kinds of uses. Collette
responded that she believes time limits are written into the ordinance. Perkins asked if the Board were to
approve the zone change, if they could impose conditions such as time limits. Collette responded that it
would have to be presented as a contract zone. City Engineer John Theriault clarified what a contract
zone could potentially do to abate concerns and noted that this may be a good course of action.
Chair Perkins asked applicant how he feels about postponing a decision and the time frame of this.
Worster responded that the Lodge is already invested in these changes but understands the concerns
that have been brought up. Noted that they were hoping to start construction in the spring. Asked about
setback requirements between different zones on property. Planning Officer Collette clarified this.
Member Bazinet asked if it would be reasonable to expect that staff can find records within several weeks.
City Engineer Theriault discussed the complexities of finding records and noted that they may or may not
be available. Theriault and Collette felt that a month would more reasonable for staff to make a best effort
at finding records, due to inability to access City Hall within the next two weeks.
Member Saucier asked for confirmation that parking cannot be expanded into current zoning; Planning
Officer Collette confirmed.
Member Boucher commented that it may be more helpful to push zone change through and address
concerns and conditions at time of site development plan approval process.
Member Meagher asked if certain allowed uses could be removed in site development plan approval
process; Planning Officer Collette confirmed that they could not. Collette also confirmed that a contract
zone cannot limit uses, only dimensional controls.
Member Saucier expressed support for finding more information before making a decision. Worster
presented to the podium to provide some additional history of the property.
Member Bazinet moved to postpone decision until meeting of March 5, 2024, with staff to attempt to
access records in that time; seconded by Member Saucier.
Alternate Member Jonas asked if zone change from 2013 should be investigated; Planning Officer
Collette confirmed that records are already available from this.
Roll call vote conducted —five in favor, two (Perkins & Boucher) opposed. Motion passed.
OTHER BUSINESS
4. Training
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, February 6, 2024
a. Stormwater
Stormwater Technician Richard May presented to the Board. Presented a slideshow regarding
stormwater permit requirements and provided training for Board members.
Member Saucier asked for clarification on wet pond requirements. May and City Engineer Theriault both
clarified.
Chair Perkins asked what percentage of the system is mixed stormwater; May responded that it is most
of the western portion of the City. City Engineer Theriault provided further clarification.
Member of the public, Andy Hamilton, presented to the Board via Zoom. Commented that May is an
excellent resource for the City and that the Engineering department is lucky to have him. Provided some
clarification about DEP impervious surface controls. Asked if Watershed Management Plan is an element
of what the City is bringing forward for the urban impaired stream areas in the City. May provided
clarification on this. Member Saucier asked for clarification on impervious surfaces; May clarified.
Chair Perkins asked if it could be generally stated that the quality of water in Bangor has improved; May
noted that it has since the passage of the Clean Water Act, but noted some of the complexities involved
with assessing stormwater in particular, such as road salt.
b. Planning
Planning Officer Collette presented to the Board. Presented a slideshow providing training for Board
members.
Alternate Member Jonas asked about the attendance requirements for Board members. Collette
responded that she will locate these requirements and follow up.
Chair Perkins discussed possible updates to the by-laws.
Member Hayes commented that it would be helpful for new members to have some sort of a mentor.
Noted that she appreciated the change of having the Findings of Fact written for Board members ahead
of time. Chair Perkins added that this a common feeling for new Board members, and that he has created
a flow chart for certain processes. Commented on how helpful the staff is for Board members. Member
Meagher recommended the Maine Municipal Association's training for Planning Boards and Boards of
Appeals. Chair Perkins noted specific sections of the City's code that would be helpful for Board members
to study. Planning Officer Collette added that staff are available for support to the Board.
Member Boucher asked if an update on the implementation of the Comprehensive Plan could be
provided. Collette responded that staff can do so. Member Meagher asked about use of a consultant for
implementing changes to land use code and whether the Board will be a part of this process; Collette
confirmed that they will.
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Planning Board Meeting Minutes —Tuesday, February 6, 2024
c. Legal
Postponed to next meeting on February 20, 2024.
5. Co-Living Workshop
Planning Officer Collette gave an overview of the proposed co-living use.
Member Boucher asked how this use differs from a hotel. Collette responded that at least 75% of the building
would be long-term rentals (30 days or longer).
Member of the public, Andy Hamilton, presented again to the Board via Zoom. Expressed support for the
proposal of this additional housing use.
Chair Perkins asked how much of a need there is for this type of use. Collette responded that there already
developers expressing interest. Perkins asked if the use of these facilities could be tracked; Collette responded
that they could.
Vice Chair Brush asked how parking requirements would be handled. Collette clarified the proposed language,
including the proximity requirement to public transit.
Alternate Member Jonas expressed support for the proposal. Noted that the zoning on the ArcGIS Parcel
Viewer is difficult to view, and noted that if that could ever be improved to provide more selectivity for which
zones are being viewed, that would be helpful. Collette responded that she can follow up with staff on this.
6. Review of 2023 Accomplishments
Planning Officer Collette presented the agenda item.
7. Meeting Minutes — January 2, 2024
Member Bazinet moved to approve the meeting minutes of January 2, 2024, seconded by Member Saucier. All
in favor, none opposed. Motion passed.
Meeting adjourned at 9:11 pm.
Respectfully submitted,
Sarah Maquillan,
Development Assistant
Planning Division
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