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HomeMy WebLinkAbout2024-06-04 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, JUNE 4, 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 Jonathan Boucher Trish Hayes Janet Sanborn Jonas (voting in absence of Members Bazinet and Meagher) City Staff Present: Anja Collette, Planning Officer Grace Innis, Assistant Solicitor Brian Scannell, Planning Analyst John Theriault, City Engineer Chair Perkins called the meeting to order at 7:00 P.M. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. To amend the Land Development Code bv increasinq heiqht limits in the Multifamilv & Service District and Urban Service District and for Rooftop Solar Arrays and Rooftop Mechanical Equipment. Planning Officer Anja Collette presented the agenda item and gave an overview of the proposed amendment. Chair Perkins asked the Board for any questions or comments. Vice Chair Brush asked where definitions of major and minor arterials can be found. Planning Officer Collette responded that they can be found in the Definitions section of the Code and gave several examples. Chair Perkins opened the public comments —there were none. Public comments closed. Member Boucher moved to recommend City Council approve the amendment of the Land Development Code by increasing height limits in the Multifamily & Service District and Urban Service District and for Rooftop Solar Arrays and Rooftop Mechanical Equipment. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. 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,June 4, 2024 2. Zone Chanqe — 107 Thomas Hill Road — Map-Lot 021-097 — 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 107 Thomas Hill Road, Map- Lot 021-097, from Urban Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said area of land contains approximately 0.21 acres total. Applicant/Owner: Jerry & Brenda West. Chair Perkins introduced the agenda item. Member Boucher brought up a potential conflict of interest, as he was previously under contract to purchase the subject property. Chair Perkins asked if the passage of the zone change would renew Boucher's interest in the property— Boucher responded that he did not think so but could not say for sure without discussing with his wife. Assistant City Solicitor Grace Innis went over the definitions of conflicts of interest. Perkins commented that he did think it would be a conflict, but expressed concern over delaying the vote, as Boucher's recusal would result in a lack of quorum. Applicants Jerry & Brenda West presented to the podium and stated that they would appreciate expeditious action but would be fine with the delay if needed for proper proceedings. Vice Chair Brush moved to recuse Member Boucher from voting on this agenda item due to a conflict of interest, seconded by Alternate Member Jonas. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Boucher excused himself from the remaining proceedings. Planning Officer Collette asked if a motion to postpone this agenda item could still be performed with four members —Assistant City Solicitor Innis confirmed that it can. Vice Chair Brush moved to postpone further proceedings on this agenda item until the June 18, 2024 meeting, seconded by Member Hayes. All in favor, none opposed — motion passed. Member Boucher returned to the meeting. PUBLIC HEARING — LAND DEVELOPMENT PERMITS 3. Land Development Permit— Planned Group Development Modification —931 Union Street — Map-Lot R24-005-A & R24-006 - Land Development Permit Application — Planned Group Development Modification for change to internal lot line of existing planned group development, at property located at 931 Union Street, Map-Lots R24-005-A & R24-006, in the Shopping & Personal Service District (S&PS) and General Commercial & Service District (GC&S). Applicant/Owner: Northern Light Health. Chair Perkins introduced the agenda item and asked for any potential conflicts of interest. Member Boucher reported that he and his wife are both previous employees of Northern Light Health, and that his current employer works closely with Northern Light Health. Perkins expressed that he does not feel this is a conflict; Boucher added that he also does not feel it is a conflict or that it would cause any bias on his part. Board members in agreement. Page 2 � 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June 4, 2024 Alternate Member Jonas moved that there is no conflict of interest on the part of Member Boucher, 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 the application was deemed complete on June 4, 2024, that the applicant paid all applicable fees (Exhibit 3), and that the proposed project is a Modification of a Planned Group Development. Seconded by Member Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins offered to the applicant to have the agenda item postponed due to the absence of several Board members —applicant declined and opted to proceed. Applicant agent Andy Johnston, Atlantic Resource Consultants, presented to the podium and gave an overview of the application. Chair Perkins asked the Board for any questions or comments. Member Boucher asked if the impervious ratio surface will change — Johnston responded that it will not and Planning Officer Collette clarified its inclusion within the planned group development. Alternate Member Jonas asked about some damage in a separate portion of the lot and asked whether it is part of a separate stormwater system. Johnston responded that it partially is and clarified on the site plans. Chair Perkins opened the public comments —there were none. Public comments closed. Vice Chair Brush moved that the Board find that, based on Exhibit 2 and 13, 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 Member Hayes. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2 and 13 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 Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Alternate Member Jonas moved that the Board find that, based on Exhibits 2, 11, and 12, 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 Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibits 2, 11, and 17, and based on the findings made in Part 1, the applicant satisfied the requirements of §165-69 for planned group Page 3� 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June 4, 2024 developments. Seconded by Member Hayes. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that the project meets the requirements for a Land Development Permit for Modification of a Planned Group 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. 4. Land Development Permit — Maior Site Development & Major SLODA Modification — 287 Godfrev Boulevard — Map-Lot 001-001 - Land Development Permit Application — Site Development Plan & Major SLODA Modification for proposed construction of an 805- space, 404,200sqft parking lot, at property located at 287 Godfrey Boulevard, Map-Lot 001-001, in the Airport Development District (ADD). Applicant/Owner: Bangor International Airport. Chair Perkins introduced the agenda item and asked for any potential conflicts of interest—there were none. Member Hayes moved that the Board find that the application was deemed complete on June 4, 2024, that the applicant paid all applicable fees (Exhibit 17), and that the proposed project is a Major Site Development and a Major SLODA Modification. Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins offered to the applicant to have the agenda item postponed due to the absence of several Board members —the applicant declined and opted to proceed. Applicant agent Randy Bragg, Carpenter Associates, presented to the podium and gave an overview of the application. Chair Perkins asked the Board for any questions or comments. Chair Perkins asked whether this will be operated similarly to the existing long-term parking lot— Bragg responded that this lot will address an immediate need as a shuttle lot, but may accommodate future growth. Perkins clarified that he was asking about this because he has some concern about"wasting" lights in unused parking area. Asked if they can be turned off or dimmed during periods of low parking lot use. Bragg responded that they are presently looking into lighting controls for this reason. Alternate Member Jonas asked whether there is any plan to extend existing sidewalk all the way up to Union Street— Bragg responded that this is unlikely to be within the scope of this project. Jonas asked whether this is responsibility of the airport or the City—City Engineer Theriault stated it would likely be a City project. Theriault added that there has not been any request for this to be done at this point but he does expect to see more interest in this moving forward. Vice Chair Brush asked about traffic circulation from the airport into the parking lot. Bragg clarified the entrance Page 4� 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June 4, 2024 points on the site plans. Brush asked if this will impact the current traffic flow— Bragg responded that it is not expected to have a significant impact. Chair Perkins added that the proposed addition of sidewalk will be very helpful. 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 and 4, 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 Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on 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 Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Alternate Member Jonas moved that the Board find that, based on Exhibits 2, 4, 7, and 21, the applicant satisfied Land Development Code §165-73's requirements for parking setbacks and screening and §165-74's requirements for parking design, construction and maintenance. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibit 2, the applicant satisfied the Land Development Code § 165-79 requiring provision of necessary utilities. 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 Exhibits 2 and 9, the applicant satisfied the Land Development Code § 165-81 requiring appropriate lighting, in accordance with regulations on intensity, direction, and height. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2 and 24, the applicant satisfied the Land Development Code §165-82 requiring adequate fire protection. Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Alternate Member Jonas moved that the Board find that, based on Exhibits 2, 4, and 23, the applicant satisfied the Land Development Code §165-83 requiring adequate electrical service. Seconded by Member Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2, 10,11, and 22, the applicant satisfied the Land Development Code §165-84 requiring adequate provisions for surface water and storm drainage. 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 Exhibits 2 and 4, the applicant satisfied § 165-135 of the Land Development Code regarding impervious surface ratio and buffer yards. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 5 � 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June 4, 2024 Member Boucher 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§165-95.B for uses within the Airport Development District (ADD). Seconded by Alternate Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Alternate Member Jonas moved that the Board find that, based on Exhibits 2, 21, and 23, the applicant satisfied Land Development Code §165-114.B and C's requirements regarding the layout and safety of the proposed parking, loading, and access drives to public rights-of-way. 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 Exhibits 2, 10-12, and 22, 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 Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2 and 9, 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 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, 8, and 21, the applicant satisfied Land Development Code §165-114.F's requirements for providing proper screening between the development and adjacent properties and rights-of-way, preserving existing tree growth where possible, and encouraging the use of native species. 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, 10-16, and 22-25, 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 Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that the project meets the requirements for a Land Development Permit for a Major Site Development and Major Site Location of Development Modification and therefore, the Board grants the Land Development Permit for the proposed Project. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 5. Adoption of Notice of Decision for 688 Hogan Road Member Boucher moved that the Board adopt the Notice of Decision for Land Development Permit for 688 Page 6 � � City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,June 4, 2024 Hogan Road, seconded by Vice Chair Brush. Roll call vote conducted —all voting members in favor, none opposed. Motion passed. 6. Adoption of Notice of Decision for 1161 Broadway Member Boucher moved that the Board adopt the Notice of Decision for Land Development Permit for 1161 Broadway, seconded by Member Hayes. Roll call vote conducted —all voting members in favor, none opposed. Motion passed. 7. Meeting Minutes — May 7, 2024 Member Boucher moved to approve the meeting minutes, seconded by Vice Chair Brush. All voting members in favor, none opposed. Chair Perkins reported that Joshua Saucier has resigned from the Board. Member Boucher asked about Zoom participation for Board members who are not able to attend meetings in- person. Planning Officer Collette reported that this is allowed, but after the second occurrence, it needs approval from City Council Chair to continue; stated she will send the Zoom attendance policy to Board members. City Engineer Theriault complimented the Board on their work. Member Boucher complimented the staff on their work compiling the meeting packets and creating a standardized format. Alternate Member Jonas asked if Findings & Decision documents could be placed closer to site plans in meeting packet— Planning Officer Collette responded that they can be placed at the beginning. Board members discussed methods for more easily reading through digital copies of ineeting packets. Meeting adjourned at 8:17 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 7� 7