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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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,
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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.
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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.
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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
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