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HomeMy WebLinkAbout2024-03-19 Planning Board Minutes �� � � . ���i� � �; ������ ��'� � �'�a"�Q��'� �� � __T _ .. �a � o I��V.EL,���E1`�T . � CITY �� BANGCaR. PT.,hNtluI1�IC DIVIS[C�V�I PLANNING BOARD TUESDAY, MARCH 19, 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 Citv Staff Present: Anja Collette, Planning Officer Brian Scannell, Planning Analyst Grace Innis, Assistant Solicitor Anne Krieg, Development Director Chair Perkins called the meeting to order at 7:00 P.M. NEW BUSINESS PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. Zone Chanqe — Grandview Avenue - Map-Lot R41-023-A — Parks & Open Space (P&O) to Multifamilv & Service District (M&SD) - To amend the Land Development Code by changing a parcel of land, located on Grandview Avenue, Map-Lot R41-023-A, from Parks & Open Space (P&O) to Multifamily & Service District (M&SD). Said area of land contains approximately 10.5 acres total. Applicant/Owner: City of Bangor. Chair Perkins introduced the agenda item and addressed a potential conflict of interest regarding Habitat for Humanity's interest in the subject property. Perkins cited a previous connection to Habitat for Humanity but noted that neither he nor his wife have any financial interest or special interest, other than what is available to the public, in the organization. He did not feel that there was a conflict but requested that the Board vote on this. 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, March i9, 2024 Member Boucher asked Assistant City Solicitor Grace Innis to provide input. Innis clarified the City's ordinance on conflicts of interest and the voting process. Assistant City Solicitor Innis noted that financial or special interests are typically considered conflicts. Member Boucher moved that Chair Perkins has a conflict of interest regarding this proposal, seconded by Member Meagher. Roll call vote conducted — none in favor, all opposed. Motion failed. Development Director Anne Krieg presented to the podium and gave an overview of the proposal. Chair Perkins asked the Board for any questions/comments. Member Boucher asked about the proposal review process. Krieg responded that the final decision will ultimately be decided by City Council, but public outreach will be conducted and Planning Board input will be sought. Alternate Member Jonas asked about the charrette process — Krieg clarified. Jonas mentioned previous experience with this. Chair Perkins clarified the overall development process for the subject property and this evening's discussion of the zone change proposal. Perkins also asked Krieg about the City's housing shortage. Krieg responded that she does not have exact figures, but noted feedback from area employers regarding workers not being able to find housing. Chair Perkins opened the public comments. Member of the public, Nora Kazdoy, presented to the podium. Expressed reservations regarding the proposal. Noted two other housing projects in close proximity to the subject property. Stated that the plan was premature and she felt impacts on the area of these two developments should be observed first before adding additional development. Questioned if there is a traffic plan for dealing with the new developments. Member of the public, Matt Chatfield, presented to the podium. Expressed agreement with Kazdoy's comments and noted particular concern over increased traffic and noise. Also expressed concern over environmental impacts. Member of the public, Karen Marysdaughter, presented to the podium. Expressed support for transit- oriented development and infill development. Stated that she is in favor of this proposal. Noted interest in trail development. Member of the public and area director of Habitat for Humanity, Melissa Huston, presented to the podium. Expressed support for the proposal and cited figures regarding area housing needs. Member of the public and realtor, Emily Ellis, presented to the podium. Expressed support for the proposal due to the housing shortage and growth of Bangor. Page 2 � i3 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 Chair Perkins closed the public comments. Member Saucier asked staff about the setback requirements for the proposed zone, and how they relate to abutting properties that are zoned differently. Planning Officer Anja Collette clarified this. Alternate Member Jonas asked how much of the property is impacted by wetlands. Development Director Krieg & Planning Officer Collette responded that they were unsure of the exact figure but noted that it is a significant portion of the property. Member Meagher moved that the Board recommend to City Council that the proposal to amend the Land Development Code by changing a parcel of land, located on Grandview Avenue, Map-Lot R41-023-A, from Parks & Open Space (P&O) to Multifamily & Service District (M&SD) ought to pass. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. 2. To amend the Land Development Code by reducing the minimum off-street parking spaces required for residential dwelling units from 1.5 spaces per unit to 1 space per unit and to allow the Planning Board to authorize reductions in parking minimums for uses requiring a Land Development Permit. Chair Perkins introduced the agenda item and noted that it was discussed at a previous meeting. Planning Officer Collette added that an amendment was added to the proposal allowing the Board to authorize reductions in parking minimums for uses requiring a Land Development Permit. Chair Perkins asked the Board for any questions or comments. Vice Chair Brush asked if this proposal addresses that on-street parking might increase. Planning Officer Collette responded that a maximum was not being instituted and that developers are permitted to add additional parking beyond the code. Collette noted that in certain walkable and bikeable regions developers may be able to show that their cliental does not need as much parking. Planning Officer Collette does not anticipate this being an issue. Brush expressed concern over the winter months, in particular; Collette responded that flexibility in the winter on-street parking policy being discussed at a staff level. Chair Perkins opened the public comments. Member of the public, Joschka Winterling (44:35)) presented to the podium and asked whether this proposal would apply only to new developments or also to existing buildings adding units. Planning Officer Collette responded that it would also apply to existing buildings. Winterling expressed support for the proposal. Member of the public, Karen Marysdaughter, presented to the podium and expressed support for the proposal. Cited parking requirements as a barrier to further housing development and expressed that providing access for all potential cars thwarts the idea of people taking transit. Noted Blueberry Ridge Page 3� 13 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 Development as an example of when builders may be inclined to provide less parking because the development was intended for seniors on a bus line. Chair Perkins closed the public comments. Member Boucher moved that the Board recommend to City Council that the proposal to amend the Land Development Code by reducing the minimum off-street parking spaces required for residential dwelling units from 1.5 spaces per unit to 1 space per unit and to allow the Planning Board to authorize reductions in parking minimums for uses requiring a Land Development Permit ought to pass. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. 3. To amend the Land Development Code, §254 (Short-Term Rental Licenses) by clarifying the definitions of Hosted and Non-Hosted Short-Term Rentals. Planning Officer Collette presented an overview of the proposal. Chair Perkins asked the Board for any questions or comments. Member Boucher asked whether properties with on-site property managers would qualify as hosted or non-hosted. Planning Officer Collette responded that these properties would not qualify as hosted. Boucher also asked to clarify the definition of"operator" —Collette clarified. Chair Perkins opened the public comments —there were none. Public comments closed. Chair Perkins expressed appreciation for this proposal to clarify definitions. Asked for some additional clarification regarding the definition of"operator," which was provided by Planning Officer Collette. Member Saucier moved that the Board recommend to City Council that the proposal to amend the Land Development Code, §254 (Short-Term Rental Licenses) by clarifying the definitions of Hosted and Non- Hosted Short-Term Rentals ought to pass. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. PUBLIC HEARING - LAND DEVELOPMENT PERMITS 4. Land Development Permit— Maior Site Development—230 Bomarc Road — Map-Lot R38-001 - Land Development Permit Application — Site Development Plan for construction of an approximately 1-acre gravel storage pad with the potential for 15,600sqft of storage buildings in the future, at property located at 230 Bomarc Road, Map-Lot R38-001, in the Urban Industry District (UID)/Rural Residence & Agricultural District (RR&A). Applicant/Owner: Bomarc Commercial Properties, LLC (Rich Trott). Chair Perkins introduced the agenda item and stated that the application has been reviewed by staff and deemed complete. Page 4� 13 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 Member Saucier noted that he is a customer of the applicant and asked whether this would be a conflict of interest. Chair Perkins clarified that there is no financial gain or special interest for Saucier based on the approval of this application — Saucier confirmed that there is not. Assistant City Solicitor Innis recommended that the Board vote on the potential conflict of interest. Member Bazinet moved that Member Saucier does not have a conflict of interest regarding this application, seconded by Member Meagher. Roll call vote conducted—all in favor, none opposed. Motion passed. Vice Chair Brush asked to clarify the process for approving the proposed buildings. Planning Officer Collette clarified that approval of the buildings would be included with the approval of this application, even though they are not proposed to be built at this time. Planning Officer Collette clarifies for Member Boucher that the with approval construction would have to start within one year of the application's approval and finish within two years. Member Meagher moved that the Board find that the application was deemed complete on March 19, 2024, that the applicant paid all applicable fees (Exhibit 3), and that the proposed project is a Major Site Development. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Lucy Feeney of Haley Ward, applicant agent, presented to the podium and gave an overview of the application. Chair Perkins asked staff for any additional comments —there were none. Chair Perkins asked the Board for any questions or comments. Alternate Member Jonas asked about the maintenance of the drainage ditch. Feeney responded that it is maintained by the applicant, Rich Trott, as part of his private property. Member Saucier asked if the stormwater improvements will be completed when the gravel pads are built — Feeney confirmed this. Chair Perkins asked about a drawing from the application packet showing the zoning and dimensional requirements of the subject property. Feeney clarified the boundaries and proposed buffers of the two zones on the property by demonstrating on a larger site map. Chair Perkins opened the public comments —there were none. Public comments closed. Vice Chair Brush moved that the Board find that, based on Exhibits 2, 6, and 9, the applicant satisfied Land Development Code §165-33.1's requirements surrounding Erosion and Sediment Control. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Page 5 � 13 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 Member Saucier moved that the Board find that, based on Exhibit 2 and 6, the applicant satisfied Land Development Code §165-66 by providing a transitional yard for buildings abutting a residential district. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 2 and 6, the applicant satisfied Land Development Code §165-67 by providing adequate setbacks and screening for outdoor display and storage areas. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 2 and 10, the applicant satisfied the Land Development Code § 165-81 requiring appropriate lighting, in accordance with regulations on intensity, direction, and height. Seconded by Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibit 2, the applicant satisfied the Land Development Code § 165-82 requiring adequate fire protection. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibit 2, the applicant satisfied § 165-135 of the Land Development Code regarding height limits, floor area ratio, impervious surface ratio, and buffer yards. Seconded by Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on the findings made in Parts 1 and 2 of this document, the Project meets the requirements of § 165-96.B for uses within the Urban Industry District (UID). Seconded by Member Saucier. Chair Perkins asked Planning Officer Collette whether the requirements of the Rural Residence&Agricultural District(RR&A)also need to be included in this motion —Collette confirmed that they do not. Member Boucher asked if the motion needs to be made contingent upon DEP stormwater permit approval — Collette confirmed that typically this condition is not deemed necessary by staff. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibits 2 and 6, the applicant satisfied Land Development Code§165-114.B's requirement that the proposed parking and loading layout are arranged in a reasonable and safe configuration. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 2 and 6, the applicant satisfied Land Development Code §165-114.C's requirement that all proposed access drives from the site to any public right-of-way are reasonably necessary and safe. Seconded by Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibits 2, 7, 14, and 19, the applicant satisfied Land Development Code §165-114.D's requirement that stormwater runoff from the proposed Page 6 � i3 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 development will not have an unreasonable adverse effect on abutting or downstream properties or protected resources, and that all downstream channels or municipal stormwater collection systems have adequate capacity to carry the flow without significant negative effects. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibit 2, 6, and 10, the applicant satisfied Land Development Code §165-114.E's requirement that all outdoor storage areas are situated and properly screened to avoid adverse effects on adjacent properties and that the proposed outdoor lighting is designed to avoid unreasonable light pollution. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 2 and 6, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping. 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, based on Exhibit 2 and 6, the applicant satisfied Land Development Code §165-114.G's requirement that the location of the building meets all required setbacks and is situated to avoid unreasonable adverse effects on adjacent properties or public rights- of-way. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that the project meets the requirements for a Land Development Permit for a Major Site Development and therefore, the Board grants the Land Development Permit for the proposed Project. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. 5. Land Development Permit — Maior Site Development and Conditional Use — 727 & 729 Broadwav — Map-Lot R41-020 - Land Development Permit Application — Site Development Plan and Conditional Use for construction of a 4,300sqft car wash building and 23,836sqft of pavement for vehicle circulation, parking and vacuum stations, plus other site improvements, at property located at 727 & 729 Broadway, Map-Lot R41-020, in the Shopping & Personal Service District (S&PS). Applicant: Nouria Energy Retail, Inc. d/b/a Golden Nozzle Car Wash. Owner: VARNBRO Inc. Chair Perkins introduced the agenda item and confirmed that staff has reviewed and deemed it complete. Asked the Board for any questions or potential conflicts of interest—there were none. Member Meagher moved that the Board find that the application was deemed complete on March 19, 2024, that the applicant paid all applicable fees (Exhibit 3), and that the proposed project is a Major Site Development and Conditional Use. Seconded by Member Bazinet. Roll call vote conducted—all in favor, none opposed. Motion passed. Page 7� 13 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 Fred Marshall of Plymouth Engineering, applicant agent, presented to the podium and gave an overview of the application. Chair Perkins asked staff for any additional comments. Planning Officer Collette clarified amendment to required landscaping for project. Chair Perkins asked the Board for any questions or comments. Member Bazinet asked about the proposed points of ingress for the project— Marshall clarified. Alternate Member Jonas expressed concern over traffic impacts and asked whether traffic study applies to just this project or other development projects in the same area. Marshall responded that traffic impacts were discussed at length with City Engineer John Theriault and traffic studies were conducted within broader vicinity of project. Noted that MDOT would likely have required some level of improvements if this project were deemed to have significant impact on area traffic, but they did not. Chair Perkins provided additional context for traffic studies. Chair Perkins asked about comment in application packet that stated that traffic will decrease. Marshall responded that this was taken directly from traffic engineer's report. Chair Perkins asked about vegetation at one end of subject property. Marshall provided clarification of proposed vegetation in this area; Perkins responded that more vegetation may be beneficial in this area. Member Saucier asked about bail-out provision in queue lane. Marshall clarified that there is some bail- out availability but applicant consciously chose to not provide much bail-out room. Saucier responded that this may cause confusion and/or minor accidents. Marshall commented that applicant owns 56 car washes and has never had an issue with this. Member Bazinet asked what would happen if a customer has gone past the pay point but then finds that their vehicle does not meet clearance dimensions. Applicant presented to the podium to demonstrate on site plan the exit point near clearance bars. Member Boucher asked staff about sewer capacity. Planning Officer Collette clarified discussions with staff on capacity concerns, and noted that condition was added to address this. Marshall added that applicant was reasonably assured that it will be completed in time for opening. Member Bazinet asked about water capacity and impacts on water pressure. Planning Officer Collette responded that Bangor Water District did not express any concerns regarding this. Member Boucher asked about one of the roads into the subject property— Marshall confirmed that it is a private way. Chair Perkins opened the public comments. Page 8 � i3 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 Laura Reidy, member of the public and owner of abutting property, presented to the podium and expressed concern over traffic impacts of this project on road that enters onto her property. Heidi Godsoe, member of the public and executive director of Penobscot Foundation for Development Services (owner of abutting property), presented to the podium and expressed concern over traffic impacts. Chair Perkins asked Godsoe to demonstrate on site plan where her organization's property is— she did so. Steve Godsoe, member of the public, presented to the podium and described traffic impacts from another car wash that he has experienced. Expressed concern that increased traffic will result from this project, as well. Chair Perkins closed the public comments. Applicant presented to the podium to respond to Mr. Godsoe's comments, and stated that he does not feel referenced car wash in Portland is comparable to this proposed car wash. Marshall presented to the podium and responded to Reidy's comments — clarified that the referenced roadway will not be moved. Chair Perkins commented that a stop sign at the end of this road might help abate Reidy's concerns. Recommended that applicant discuss these concerns with City Engineer Theriault— Marshall agreed. Member Saucier commented on traffic pattern of queue lanes and noted that traffic concerns seem to mostly pertain to vehicles exiting the car wash. Planning Officer Collette asked if Board is recommending that approval of project be contingent upon resolution of Reidy's concerns with City Engineer Theriault. Chair Perkins clarified that he does not feel condition is necessary and that all parties will act in good faith regarding this. Member Meagher moved that the Board find that, based on Exhibit 2 Sheet C4 and C7, the applicant satisfied Land Development Code §165-33.1's requirements surrounding Erosion and Sediment Control. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibit 2 Sheet C2A, the applicant satisfied Land Development Code §165-65 requiring yard space for group buildings. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibit 2 Sheet C2B and L1, the applicant satisfied Land Development Code §165-66 by providing a transitional yard according to the district development standards for the Shopping and Personal Service District. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 9 � 13 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 Member Bazinet moved that the Board find that, based on Exhibit 2 Sheet C2A, the applicant satisfied Land Development Code §165-68 requiring adequate lot frontage. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on the narrative in Exhibit 2 Sheet C2B, the applicant satisfied Land Development Code Article X regarding providing sufficient off-street parking spaces and regarding the required location, screening, setbacks, construction, and design of provided parking. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on the narrative in Exhibit 2 Sheet C2B, the applicant satisfied Land Development Code Article XI regarding providing required off-street loading spaces and the required design of loading spaces. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibit 2 Sheet C5, the applicant satisfied the Land Development Code § 165-80 requiring connections to the public water and sewer system when possible. Seconded by Member Saucier. Chair Perkins asked whether this motion should be conditioned — Planning Officer Collette clarified that the requested condition has been included in the text for an upcoming motion. Roll call vote conducted — all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibit 14 and Exhibit 2 Sheet C5, the applicant satisfied the Land Development Code § 165-81 requiring appropriate lighting, in accordance with regulations on intensity, direction, and height. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 2 Sheet C5 and Exhibit 25,the applicant satisfied the Land Development Code § 165-82 requiring fire protection. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibit 2 Sheet C5, the applicant satisfied the Land Development Code§ 165-83 requiring adequate electrical services. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibits 2 Sheet C5 and Exhibit 4, the applicant satisfied the Land Development Code § 165-85 and §165-86 requiring compliance with submitting information of anticipated sanitary flows and compliance with sewer regulation, with the condition that adequate sewer capacity is available prior to the applicant applying for a sewer connection permit. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 4, and 9, the applicant satisfied § 165-135 of the Land Development Code regarding height limits, floor area ratio, impervious surface ratio, Page io � i3 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 and buffer yards. 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, based on the findings made in Parts 1 and 2 of this document, as well as the findings outlined in this Part 3, the Project meets the requirements of § 165- 101.B for uses within Shopping and Personal Service District (S&PS). Seconded by Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, subject to findings that the standards in Part 5 have been met, Applicant has met the standards for a Conditional Use. The Board also finds, based on review of Exhibits 2 and 4, that the project meets the requirements for retail auto service and drive-in businesses in the Shopping and Personal Service District. Seconded by Member Bazinet. Roll call vote conducted— all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 2 Sheet C3, the applicant satisfied Land Development Code §165-114.B's requirement that the proposed parking and loading layout are arranged in a reasonable and safe configuration. 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, based on Exhibit 2 Sheet C3, the applicant satisfied Land Development Code §165-114.C's requirement that all proposed access drives from the site to any public right-of-way are reasonably necessary and safe. Seconded by Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2, 11, and 15, the applicant satisfied Land Development Code §165-114.D's requirement that stormwater runoff from the proposed development will not have an unreasonable adverse effect on abutting or downstream properties or protected resources, and that all downstream channels or municipal stormwater collection systems have adequate capacity to carry the flow without significant negative effects. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2 and 14 the applicant satisfied Land Development Code §165-114.E's requirement that all outdoor lighting shall be designed, installed, and maintained to avoid unreasonable adverse effects from light pollution. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Planning Officer Collette commented that the next motion should include any requested conditions on additional vegetation. Chair Perkins responded that he is comfortable with applicant agent adding more vegetation without it being made conditional. Vice Chair Brush moved that the Board find that, based on Exhibit 2 Sheets C2B, L1, and L2,the applicant satisfied Land Development Code §165-114.F's requirements for landscaping. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Page u � i3 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 Member Meagher moved that the Board find that, based on Exhibit 2 Sheet C3, the applicant satisfied Land Development Code §165-114.G's requirement that the location of the building meets all required setbacks and is situated to avoid unreasonable adverse effects on adjacent properties or public rights- of-way. Seconded by Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on the findings made in Parts 3 and 4 of Section IV of this document, as well as based on review of Exhibits 2, 4, and 5, the project meets the standards and use conditions of the district in which the property in question is located, the Shopping and Personal Service 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 Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 12 and 21, that the project will not create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, based on Exhibits 2 and Exhibit 25 that the proper operation of the conditional use will be ensured by providing and maintaining adequate and appropriate utilities, fire protection, drainage, parking and loading and other necessary site improvements. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibit 5, 9, and 10, that the proposed use, although not appropriate for every site in the zone, 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 Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that the Project meets the standards for a Land Development Permit for a Major Site Development and Conditional Use and therefore grants the Land Development Permit for the proposed Project, with the following condition: • That adequate sewer capacity be available at the time of sewer connection. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 6. Adoption of Notice of Decision for Land Development Permit for 287 Godfrey Boulevard Vice Chair Brush confirmed that he will not be voting on this item as he was not in attendance when the application was approved — Chair Perkins confirmed that Alternate Member Jonas will be voting in his place. Page i2 � i3 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, March i9, 2024 Member Boucher moved that the Board adopt the Notice of Decision for Land Development Permit for 287 Godfrey Boulevard, seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. 7. Meeting Minutes — March 5, 2024 — Postponed Chair Perkins confirmed that approval of the minutes of March 5, 2024, will be postponed. Chair Perkins commented that the vote on the Bangor Elks Lodge project from the last meeting was confusing and emphasized that Board members can ask clarifying questions in these situations. Added that background noise in the meeting room can be disruptive due to how audible it is on the recordings and asked that Board members be aware of this.Also noted that he will not be present at the next meeting so Vice Chair Brush will be acting in his place. Member Boucher asked if there is a reason for transitioning to roll call voting as opposed to voting by hands raised as was previous protocol. Assistant City Solicitor Innis responded that it makes it easier to track the votes on the meeting recordings. Chair Perkins added that it is recommended specifically for voting on standards, per municipal trainings. Member Saucier asked if voting by hands raised could be conducted first, with Chair verbally confirming that the vote is unanimous, and only ask for an additional roll call vote if the vote is not unanimous. Perkins responded that he would be fine with this; Innis stated that she would look into whether this would be acceptable moving forward. Boucher asked about consent agendas being an option for future voting — Planning Officer Collette responded that it was determined at a staff level that this would not be recommended for voting on the standards. Innis added that she will look into this further, as well. Chair Perkins mentioned that MMA recommended that Boards vote on each standard individually. Boucher also suggested evenly dividing the reading of motions — Perkins and Member Meagher expressed support for this; Member Bazinet commented that he thought this might add time to the meetings. Board members agreed to encourage everyone to participate in motions moving forward. Meeting adjourned at 9:44 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page i3 � 13