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HomeMy WebLinkAbout2024-02-06 Planning Board Minutes � = , �,� ��� '�'(���1/��,..�� ��'�``� � �'���'���'� .. ��° ' �1 E V�� L���E l�`��I' .� _� �ITY �� BANG+C�R. 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. Page 2 �6 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. Page 3� 6 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 Page 4� 6 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. Page 5�6 City of Bangor Planning Division 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 Page 6� 6