The URL can be used to link to this page

Home My WebLink About2024-05-07 Planning Board Minutes � = , �,� �� '�'(��1/��,..�� '�``� � �'��'��'� .. ��° ' �1 E V�� L��E l�`��I' .� _� �ITY �� BANG+C�R. PLANVUII�IG DIVIS[C7V�7 PLANNING BOARD TUESDAY, MAY 7, 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: Anja Collette, Planning Officer Grace Innis, Assistant Solicitor Brian Scannell, Planning Analyst David Szewczyk, City Solicitor John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. Zone Chanqe — 670 Ohio Street — Map-Lot R35-030 — Low-Densitv Residential District (LDR) to Neiqhborhood Service District (NSD) - To amend the Land Development Code by changing a portion of a parcel of land, located at 670 Ohio Street, at Map-Lot R35-030, from Low-Density Residential District (LDR) to Neighborhood Service District (NSD). Said area of land contains approximately 4 acres total and is more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: Lisa & John Clark. Chair Perkins introduced the agenda item. Applicant Lisa Clark presented to the podium and gave overview of application. Chair Perkins asked for staff comments. Planning Officer Anja Collette clarified that zone change is required for proposed retail use. Also mentioned two public comments received in advance of ineeting stating concerns of increased traffic. 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,May�, 2024 Chair Perkins asked the Board for any questions/comments. Member Bazinet asked applicant how much increased traffic they expect to generate. Applicant Clark noted that proposed retail use is seasonal (flower sales) and that they don't intend to be open daily, so isn't necessarily expecting large numbers of people. Applicant John Clark added that they will have limited parking (roughly four spaces or so) so this will also limit how much traffic can be present at one time. Applicant Lisa Clark did express some concerns regarding level of high-speed traffic on Ohio Street. Alternate Member Jonas asked to clarify that proposed business would be CSA for cut flowers — applicant confirmed. Member Saucier asked to clarify that CSA orders are pre-determined — applicant confirmed. City Engineer John Theriault added that he is not concerned about amount of traffic potentially generated by this business. Member Boucher asked to clarify with staff the reason for zone change being needed — Planning Officer Collette clarified. Chair Perkins opened the public comments —there were none. Public comments closed. Vice Chair Brush moved that the Board recommend to City Council that the proposal to amend the Land Development Code by changing a parcel of land, located at 670 Ohio Street, Map-Lot R35-030, from Low-Density Residential District (LDR) to Neighborhood Service District (NSD) ought to pass. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. 2. To amend the Land Development Code by clarifying rules regarding expansion of legally non-conforming uses. City Solicitor David Szewczyk presented to the podium and gave overview of proposed amendment. Chair Perkins asked the Board for any questions/comments. Member Meagher expressed that he is finding it hard to understand what is allowed and what is not allowed under proposed amendment. City Solicitor Szewczyk provided clarification surrounding non-conforming uses and discussed with Meagher. Meagher stated that he feels legally non-conforming uses should be allowed to expand. Member Boucher asked to clarify that the use is what cannot expand, not the physical space — Szewczyk confirmed. Member Saucier asked whether this would apply to businesses who change ownership— Szewczyk and Planning Officer Anja Collette confirmed that it would only apply to a change in use. Saucier also asked if Section C of the proposed amendment is driven by State law; Szewczyk responded that it is not. Boucher asked if any assessment had been conducted determining how many businesses might be affected by this amendment—Szewczyk and Collette responded that they were not sure how many legally non-conforming uses are already present in the City. Chair Perkins opened the public comments —there were none. Public comments closed. Member Boucher moved that the Board recommend to City Council that the proposal to amend the Land Development Code by clarifying rules regarding expansion of legally non-conforming uses ought to pass. Seconded by Member Bazinet. Roll call vote conducted — six in favor, one opposed (Member Meagher). Motion passed. Page 2� 10 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,May�, 2024 PUBLIC HEARING - LAND DEVELOPMENT PERMITS 3. Land Development Permit— Major Site Development, Major SLODA Modification, & Conditional Use — 688 Hoqan Road — Map-Lot R69-009-E - Land Development Permit Application — Major Site Development, Major SLODA Modification, and Conditional Use for proposed construction of a 28,125sqft automobile dealership on an existing paved parking lot, and conversion of a former retail building to a warehouse, at property located at 688 Hogan Road, Map-Lot R61-009-E, in the General Commercial & Service District (GC&S). Applicant/Owner: QV Realty Trust. Chair Perkins introduced the agenda item. Member Saucier mentioned that he may have a conflict of interest in voting on this application — he is a new employee of applicant agent Haley Ward, but has not worked on this project. Member Saucier did not feel his employment would affect his vote, but concerned about how his participation would appear to the public. Member Bazinet mentioned that it may be safer to recuse Saucier from voting to prevent any potential concerns in the future. Assistant Solicitor Grace Innis stated that this could be considered a personal or financial conflict of interest, but the Board should take a vote. Member Boucher moved to recuse Member Saucier from review of the application. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Saucier exited the meeting for the duration of this agenda item. Chair Perkins confirmed that Alternate Member Jonas will vote in place of Member Saucier. Member Meagher moved that the Board find that the application was deemed complete on May 7, 2024, that the applicant has paid all applicable fees (Exhibit 3), and that the proposed project is a Major Site Development, Major SLODA Modification, and Conditional Use. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Applicant agent Sean Thies, Haley Ward, presented to the podium and gave overview of application. Chair Perkins noted that existing underdrain was under-utilized previously, so additional water for this project can be diverted to it—Thies confirmed. Chair Perkins asked staff for comments. Mentioned question regarding how increased traffic is assessed — City Engineer John Theriault responded with clarification regarding traffic studies, how often studies are required, capacity on Hogan Road, and future DOT projects. Vice Chair Brush moved that the Board find that, based on Exhibits 2 and 9 the applicant satisfied Land Development Code §165-33's requirements regarding filling, grading and earthmoving activities and §165- 33.1's requirements regarding Erosion and Sediment Control best practices. 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 Sheet C101 of Exhibit 2 the applicant satisfied Page 3 �10 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,May�, 2024 Land Development Code §165-65's requirements regarding yard space for group buildings. 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 Sheet C101 of Exhibit 2, the applicant satisfied Land Development Code §165-67's requirements regarding outdoor display and storage buffer yard. 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 Sheet C101 of Exhibit 2 the applicant satisfied Land Development Code §165-68's requirements regarding having a minimum street frontage no less than 50 feet. Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibit 15 and Sheet C101 in Exhibit 2, the applicant satisfied the requirements in Land Development Code §165-72 through 74 for required number of off-street parking spaces for retail and warehousing, parking setbacks and screening, and for parking design, construction and maintenance. 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 Sheet C101 in Exhibit 2, the applicant satisfied the requirements in Land Development Code §165-76 through 78 requirements for loading spaces. 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 Sheet C101 and C502 in Exhibit 2, Exhibit 13, and Exhibit 17, the applicant satisfied Land Development Code §165-79 & 80, requiring connection to necessary utilities, including public water and sewer when possible. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibits 2 and 11, the applicant satisfied the Land Development Code §165-81 requiring appropriate lighting, in accordance with regulations on intensity, direction, and height. Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2 and 17, the applicant satisfied the Land Development Code §165-82 requiring adequate fire protection. 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, 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, 4, 9, and 16, the applicant satisfied the Land Development Code § 165-84 requiring adequate surface water and storm drainage, and separation of stormwater and sanitary flows. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based Exhibits 4 and 13 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. Seconded by Alternate Member Jonas. Roll call vote Page 4�10 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,May�, 2024 conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibits 2 and 4, 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 Bazinet. 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, as well as the findings outlined in this Part 3, the Project meets the requirements of§165-102.B for uses within the General Commercial and Service District (GC&S). Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, subject to findings that the standards in Part 5 have been met, the Applicant has met the standards for a Conditional Use. The Board also finds, based on review of Exhibits 2 and 4, and based on the findings made in Part 2, that the project meets the requirements for warehousing in the General Commercial and Service District. 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 Exhibits 2 and 18, the applicant satisfied Land Development Code §165-114.B & C's requirement that the proposed parking and loading layout, and proposed access drives from the site to any public right-of-way, are arranged in a reasonable and safe configuration. Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibits 2, 4, 9, and 16, 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 11, the applicant satisfied Land Development Code §165-114.E's requirement that all display and outdoor storage areas are situated and properly screened and all outdoor lighting shall be designed, installed, and maintained to avoid unreasonable adverse effects from light pollution. 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 Sheet C101 of Exhibit 2, the applicant satisfied Land Development Code §165-114.F's requirements regarding landscaping of the site. 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 Sheet C101 of Exhibit 2, 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 Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 5�10 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,May�, 2024 Member Bazinet moved that the Board find that, based on Exhibits 2, 4, 7, 16, 18, and 25, the applicant satisfied Land Development Code §165-114.J's requirement that the Project meet the standards of 38 M.R.S.A. § 484 and the requirements of the Department of Environmental Protection regulations, Chapters 371-373, 375-377, and 500. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher 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 and 4, the project meets the standards and use conditions of the district in which the property in question is located, the General Commercial & Service District, and that there are not any variance requirements or other standards that would impede the granting of the permit. 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 Exhibits 4 and 18, that the project will not create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets. 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, 13, and 15-18, 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 Meagher. 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, Site Location of Development modification, and Conditional Use, and therefore grants the Land Development Permit for the proposed Project. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. 4. Land Development Permit — Site Development Plan & Conditional Use — 1161 Broadwav — Map-Lot R40-001-C - Land Development Permit Application — Site Development Plan and Conditional Use for interior remodel of existing store and minor addition of covered greenhouse in existing fenced-in area, with existing topography to remain, at property located at 1161 Broadway, Map-Lot R40-001-C, in the General Commercial & Service District (GC&S). Applicant: Tractor Supply Co. *Member Saucier returned to the meeting. Chair Perkins introduced the agenda item. No conflicts of interest noted by any Board members. Vice Chair Brush moved that the Board find that the application was deemed complete on May 7, 2024, that the applicant paid all applicable fees (Exhibit 4), and that the proposed project is a Conditional Use and Major Site Development. Seconded by Member Bazinet. Roll call vote conducted— all in favor, none opposed. Motion passed. Applicant agent Aaron Blue, Onyx Creative, presented to the Board via Zoom and asked what details the Board would like presented. Chair Perkins clarified that information primarily related to the drive-thru Page 6�10 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,May�, 2024 portion of the proposal would be most helpful. Blue presented overview of application and clarified proposed use for drive-thru portion of building. Chair Perkins asked staff for comments. Planning Officer Anja Collette did confirm that proposed drive-thru is less intensive than what is typically seen. Chair Perkins opened the public comments —there were none. Public comments closed. Chair Perkins asked the Board for any questions/comments —there were none. Member Meagher moved that the Board find that, based on Sheet C200 in Exhibit 2 the applicant satisfied Land Development Code §165-62's requirements regarding visual clearance on corner lots. 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 Sheet C200 in Exhibit 2 the applicant satisfied Land Development Code §165-64's and §165-68's requirements regarding side yard width and having a minimum frontage no less than 50 feet. 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 Sheets L100 and C200 in Exhibit 2, the applicant satisfied Land Development Code §165-66's requirements requiring transitional yards for General Commercial and Service District (GC&S) parcels abutting residential districts and §165-67's requirements regarding outdoor display and storage setbacks and screening. 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 Sheets C200 and L100 in Exhibit 2, the applicant satisfied the requirements of Land Development Code §165-72 through 74 for required number of off-street parking spaces, parking setbacks and screening, and for parking design, construction and maintenance. Seconded by Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Sheet C200 in Exhibit 2 and Exhibit 22, the applicant satisfied the requirements of Land Development Code §165-76 through 78 regarding requirements for the number, size, and design of loading spaces. 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 Exhibits 14, 20, and 23-25, the applicant satisfied the Land Development Code §165-79 requiring adequate utilities and §165-82 requiring adequate fire protection. 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 Exhibits 2 and 24 the applicant satisfied the Land Development Code § 165-84 requiring adequate surface water and storm drainage, and separation of stormwater and sanitary flows. 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 Exhibit 2, the applicant satisfied § 165-135 of the Land Development Code regarding height limits, floor area ratio, impervious surface ratio, and buffer Page ��lo City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,May�, 2024 yards. Seconded by Member Meagher. 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§165-102.B for uses within the General Commercial and Service District (GC&S). Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Saucier moved that the Board find that, subject to findings that the standards in Part 5 have been met, the Applicant has met the standards for a Conditional Use. The Board also finds, based on review of Exhibit 2, that the project meets the requirements for warehousing in the General Commercial and Service District. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2 and 16 the applicant satisfied Land Development Code §165-114.B & C's requirement that the proposed parking and loading layout, and proposed access drives from the site to any public right-of-way, are arranged in a reasonable and safe configuration. 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 Exhibits 2 and 24, 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 Exhibits 2 and 22, the applicant satisfied Land Development Code §165-114.E's requirement that all display and outdoor storage areas are situated and properly screened. 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 Land Development Code §165-114.F's requirements regarding landscaping of the site. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Sheet C200 of Exhibit 2, 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 Meagher. 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 Exhibit 2, the project meets the standards and use conditions of the district in which the property in question is located and that there are not any variance requirements or other standards that would impede the granting of the permit. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 8� 10 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,May�, 2024 Member Bazinet moved that the Board find that, based on Exhibits 2 and 16, that the project will not create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets. 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 Exhibits 2, 12-14, and 22-25, 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 Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibit 2 - Sheets A5.0-6.0 and C200, and Exhibits 10 and 12, 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 requirements for a Land Development Permit for a Major Site Development and a Conditional Use and therefore, the Board grants the Land Development Permit for the proposed Project. Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 5. Height Limits Discussion Planning Officer Anja Collette presented the agenda item and gave overview of upcoming proposal. Clarified several concerns voiced by Board members and City Councilors. Member Saucier expressed concern over lack of height limit on rooftop equipment and solar arrays. Planning Officer Collette responded that this could be addressed in the proposal if Board recommends doing so. Member Bazinet asked if any other communities have instituted height limits on these items — Collette responded that it is common to exempt them from height limits. Bazinet expressed that this should be addressed in proposal. Member Boucher asked if building code would limit heights —Collette responded staff would look into this. Board members expressed agreement that there should be height limit on rooftop equipment and solar arrays. 6. Meeting Minutes —April 2, 2024 and April 16, 2024 Member Bazinet moved to approve the minutes of April 2, 2024, seconded by Alternate Member Jonas. Roll call vote conducted of all members present on April 2 -- all in favor, none opposed. Motion passed. Vice Chair Brush moved to approve the minutes of April 16, 2024, seconded by Member Meagher. Roll call vote conducted of all members present on April 16 -- all in favor, none opposed. Motion passed. Page 9�10 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,May�, 2024 Meeting adjourned at 8:47 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page lo� lo