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Home My WebLink About2024-04-02 Planning Board Minutes � = , �,� �� '�'(��1/��,..�� '�``� � �'��'��'� .. ��° ' �1 E V�� L��E l�`��I' .� _� �ITY �� BANG+C�R. PLANVUII�IG DIVIS[C7V�7 PLANNING BOARD TUESDAY, APRIL 2, 2024, 7:00 P.M. PENOBSCOT ROOM, LOWER FLOOR OF PENQUIS CAP 262 HARLOW STREET MEETING MINUTES Board Members Present: Vice Chair Ted Brush Michael Bazinet Trish Hayes Donald Meagher Janet Sanborn Jonas Citv Staff Present: Anja Collette, Planning Officer Brian Scannell, Planning Analyst Grace Innis, Assistant Solicitor Vice Chair Brush called the meeting to order at 7:00 P.M. NEW BUSINESS PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. Zone Chanqe — 12 Carroll Street— Map-Lot 024-110 — Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2) -To amend the Land Development Code by changing a parcel of land, located at 12 Carroll Street, Map-Lot 024-110, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said area of land contains approximately 0.19 acre total. Applicant: Francisco Pimenta. Owner: James Stonetone. Applicant, Francisco Pimenta, presented to the Board via Zoom and gave overview of application. Vice Chair Brush asked about the prevalence of non-conforming units around the subject property — Pimenta responded that, by all appearances, there are quite a few and listed some multi-unit buildings nearby. Vice Chair Brush asked the Board for any questions/comments. Alternate Member Jonas asked if this zone change would qualify as spot zoning. Planning Officer Anja Collette responded that it technically would, but advised that this is not always a negative quality and that Board should assess the application based on whether it aligns with the Comprehensive Plan or not. 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,Apri12, 2024 Vice Chair Brush opened the public comments —there were none. Public comments closed. Member Meagher moved that the Board recommend to City Council that the amendment to the Land Development Code by changing a parcel of land located at 12 Carroll Street, Map-Lot 024-110, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2), ought to pass. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. 2. To amend the Code of the City of Bangor by Reducing Restrictions on Setbacks and Dimensional Requirements for Accessory Dwelling Units (ADUs) and Clarifying the Minimum Structure Size in Accordance with LD 2003. Planning Officer Collette presented the proposed amendment. Vice Chair Brush asked the Board for any questions/comments. Member Bazinet asked about any impact if this amendment does not pass — Collette responded that it would leave the City out of compliance with the requirements of LD 2003. Vice Chair Brush opened the public comments —there were none. Public comments closed. Member Bazinet moved that the Board recommend to City Council that the amendment to the Code of the City of Bangor by reducing restrictions on setbacks and dimensional requirements for accessory dwelling units (ADUs) and clarifying the minimum structure size in accordance with LD 2003, ought to pass. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. PUBLIC HEARING - LAND DEVELOPMENT PERMITS 3. Land Development Permit — Site Development Plan — 516 Union Street — Map-Lot 012-091 - Land Development Permit Application — Site Development Plan for reconstruction of existing parking lot to eliminate two curb cuts on Union Street, improve internal circulation and slightly reduce impervious area, at property located at 516 Union Street, Map-Lot 012-091, in the Urban Residence 1 District (URD-1). Applicant/Owner: Bangor Church of Christ. Vice Chair Brush introduced the agenda item and asked Board members if there were any possible conflicts of interest—there were none. Member Meagher moved that the Board find that the application was deemed complete on April 2, 2024, that the applicant paid all applicable fees (Exhibit 4), 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. Aimee Young of Plymouth Engineering, applicant agent, presented to the podium and gave overview of Page 2�5 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,Apri12, 2024 application. Vice Chair Brush asked the staff for any comments —there were none. Vice Chair Brush asked the Board for any questions/comments —there were none. Vice Chair Brush opened the public comments —there were none. Public comments closed. Member Meagher moved that the Board find that, based on Exhibit 3 Sheet C2 and Exhibit 6 the applicant satisfied Land Development Code §165-19's requirements surrounding non-conforming 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 Exhibit 3 Sheets C2-C3, Exhibit 7, and Exhibit 10 the applicant satisfied Land Development Code §165-33.1's requirements surrounding Erosion and Sediment Control. 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 3 Sheet C2, the applicant satisfied Land Development Code §165-62's requirement of providing adequate vehicular visual clearance. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibit 3 Sheet C2, the applicant satisfied Land Development Code §165-64 requirement that front yard setback regulations apply to side yards when the side yard is adjacent to a street. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibit 3 Sheet C2, the applicant satisfied Land Development Code §165-72 requiring one parking space for every 200 square feet of assembly area and a minimum 1 handicapped accessible space. Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibit 3 Sheet C2, the applicant satisfied Land Development Code §165-73 regarding parking area location, setbacks, and screening. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibit 3 Sheet C2, the applicant satisfied Land Development Code §165-74 requiring minimum design standards for surface parking and parking lot design. 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 3 Sheets C2-C3 and Exhibits 7, 9, and 10, the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibit 3 Sheets C2 and C4, and Exhibit 7, the applicant satisfied §165-135 of the Land Development Code regarding impervious surface ratio and buffer Page 3�5 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,Apri12, 2024 yards. Seconded by Alternate Member Jonas. 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 the Findings and Decision, the Project meets the requirements of§ 165-88 for an accessory use within the Urban Residence 1 District (URD-1). Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibit 3 Sheet C2, the applicant satisfied the requirements of Land Development Code §165-114.B-C, regarding the proposed parking and loading layout and the proposed access drives from the site to any public right-of-way being arranged in a reasonable and safe configuration. 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 3 Sheets C2- C3, Exhibit 7, Exhibit 9, and Exhibit 10, 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 Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibit 3 Sheet C2 and C4, and Exhibit 7, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping. Seconded by Alternate Member Jonas. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Hayes moved that the Board finds 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 Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 4. Climate Plan Presentation Maddie Jensen of BACTS and Planning Officer Anja Collette presented to the podium and gave a slideshow presentation on the Penobscot Climate Action Plan. Vice Chair Brush asked about the role of the Planning Board in the implementation process — Planning Officer Collette responded that specific items related to permitting, Land Development Code, etc. will be brought to the Board for review. 5. Workshop on Increases in Height Limits Planning Officer Anja Collette presented the agenda item and gave an overview of an upcoming proposal related to increasing height limits in the M&SD and USD zones. Mentioned recommendation from the Business & Economic Development Committee to require screening for rooftop mechanical equipment. Page 4�5 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,Apri12, 2024 Member Bazinet asked to clarify the recommendation for a screening requirement, stating concerns with wind load and safety. Discussed with Collette at length. 6. Adoption of Notice of Decision for 230 Bomarc Road Alternate Member Jonas asked if she can vote on the Notices of Decision as she was not a voting member during the approval process. Assistant City Solicitor Grace Innis recommended that adoption of Notices of Decision for both 230 Bomarc Road and 727 & 729 Broadway be postponed. Member Bazinet moved to postpone the adoption of the Notices of Decision for 230 Bomarc Road and 727 & 729 Broadway until April 16, 2024. Seconded by Member Meagher. All in favor, none opposed. Motion passed. 7. Adoption of Notice of Decision for 727 & 729 Broadway Postponed -see above. 8. Meeting Minutes — March 5, 2024 and March 19, 2024 Member Meagher moved to approve the minutes of March 5, 2024. Seconded by Member Bazinet. All voting members in favor, none opposed. Motion passed. Member Bazinet moved to approve the minutes of March 19, 2024. Seconded by Member Meagher. All in favor, none opposed. Motion passed. Meeting adjourned at 7:28 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 5�5