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PLANNING BOARD
TUESDAY, AUGUST 6, 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 (via Zoom)
Trish Hayes
Donald Meagher
Janet Sanborn Jonas
(voting due to vacant seat)
Citv Staff Present: Anja Collette, Planning Officer
Grace Innis, Assistant Solicitor
Brian Scannell, Planning Analyst
Chair Perkins called the meeting to order at 7:00 P.M.
PUBLIC HEARING — LAND DEVELOPMENT PERMITS
1. Land Development Permit— Maior Site Development and Conditional Use — Haskell Road
— Map-Lot R70-031 - Land Development Permit Application — Major Site Development and
Conditional Use for proposed 1,540sqft drive-thru restaurant with associated parking, at property
located on Haskell Road, at Map-Lot R70-031, in the General Commercial & Service District
(GC&S). Applicant/Owner: Brennan Development, LLC. — Request to postpone
Chair Perkins introduced the agenda item and noted that the applicant has requested postponement.
Planning Officer Anja Collette clarified that postponement is requested until the September 3, 2024
meeting.
Member Meagher moved to postpone the agenda item until the meeting of September 3, 2024. Seconded
by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed.
2. Land Development Permit — Minor Site Development & Minor Subdivision — 420 &
424 Hancock Street — Map-Lots 055-136 & -136-A - Land Development Permit
Application — Minor Site Development and Minor Subdivision for proposed construction
of two duplexes and shared driveway at property located at 420 and 424 Hancock Street,
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,August 6, 2024
Map-Lot 055-136 and 055-136-A in the Urban Residence 2 District (URD-2). Applicant:
Broughman Builders, Inc. Owners: Broughman Builders, Inc. & Downeast Maine Property
Management, LLC.
Chair Perkins introduced the agenda item and asked the Board for any potential conflicts of interest —
there were none.
Vice Chair Brush moved that the application was deemed complete on August 6, 2024, the applicant paid
all applicable fees, and that the proposed project is a minor site development and minor subdivision.
Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed.
Mac Harriman, applicant representative, presented to the podium and gave an overview of the
application.
Chair Perkins asked the staff for any comments — Planning Officer Anja Collette mentioned a public
comment received prior to the meeting regarding concerns over drainage. Collette clarified that
Stormwater and Engineering both signed off on this application prior to Planning Board review, but added
that she will follow up with them regarding catch basins. Collette also recommended conditioning
approval on receiving evidence of recording of deeds. Mac Harriman clarified stormwater drainage on
the site.
Chair Perkins opened the public comments.
Barbara Carpenter, member of the public, presented to the podium. Expressed concerns over presence
of Japanese knotweed that has encroached on her property. Mentioned that the knotweed is also on one
of the subject properties and wonders if this has been looked at by the property owner. Also expressed
concerns over a steep ledge she states the applicant has created or made worse during construction,
removal of the tree buffer between the subject property and her property, and possible adverse effects
on her property value.
Christina Coombs, member of the public, presented to the podium. Expressed concerns over existing
traffic and flooding on the street. Reiterated Carpenter's concerns over the steep ledge.
Candace Balding, member of the public, presented to the podium. Expressed concerns over traffic and
flooding/drainage.
Chair Perkins closed the public comments and offered the applicant a chance to respond to comments.
Perkins noted that some of the concerns mentioned are outside of the purview of the Board to address.
Mike Wight Downeast Property Management, presented to the podium and responded to concerns.
Stated that the ledge was always there but is simply more visible now that the vegetation has been
removed. Also stated that the Japanese knotweed may be helping to control some of the erosion there,
and that he will be planting a buffer on the back side of the property due to City requirements.
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,August 6, 2024
Carpenter returned to the podium and asked about how to have her concerns addressed by the City.
Chair Perkins clarified the Planning Board's role in the approval process.
Member Bazinet asked whose property the steep ledge that has been mentioned is on. Harriman and
Wight returned to the podium to clarify which part of it is on the project property and what action could be
taken to stabilize it. Carpenter reiterated her concerns, stating again that the ledge was created by this
development and Wight responded that it was not.
Alternate Member Jonas asked if a species list for the buffer zone would be provided. Planning Officer
Anja Collette responded that the plant list is not required but that applicant had noted on the plan that no
invasive species will be used. Also mentioned the Pennsylvania State University Extension as a resource
for knotweed eradication.
Vice Chair Brush moved that the Board find that, based on Exhibits 2, 10, and 15, 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 Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Meagher moved that the Board find that, based on Exhibit 2 and 6, the applicant satisfied Land
Development Code §165-65 regarding treating each principal building as a separate lot and §165-68
requiring minimum frontage of 50 feet. 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 and 6,the applicant satisfied
Land Development Code §165-72 requiring adequate parking spaces, §165-73 regarding parking area
location, setbacks, and screening, and §165-74 regarding minimum design standards for surface parking
and parking lot design. 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 Exhibits 2, 10, and 13 the applicant satisfied
Land Development Code §165-79 & 80, requiring adequate 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.
Member Meagher moved that the Board find that, based on Exhibits 2 and 12, 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.
Vice Chair Brush 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.
Chair Perkins asked about the electrical connection —applicant clarified.
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,August 6, 2024
Member Meagher moved that the Board find that, based on Exhibits 2, 10, and 15, the applicant satisfied
the Land Development Code §165-84 requiring provisions for surface water and storm drainage.
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 Exhibit 2 and 6, the applicant satisfied
§ 165-135 of the Land Development Code regarding height limits, floor area ratio, impervious surface
ratio, and buffer yards, and § 165-136 regarding the provision of egress doors facing the front yard.
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 Section
IV of this document, the Project meets the requirements of § 165-89.B for uses within the Urban
Residence 2 District (URD-2). Seconded by Member Hayes. Roll call vote conducted —all in favor, none
opposed. Motion passed.
Member Meagher moved that the Board find that, based on Exhibit 2 and based on the findings made in
Parts 1-3 of Section IV of this document, the Project meets the requirements of § 165-126F for minor
subdivision regarding meeting State of Maine subdivision guidelines, conforming to existing zoning
regulations, abutting an existing improved public street, having side lot lines at right angles, and
completeness of the information provided in the subdivision plat. 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 Part 4 of Section IV of
this document, the applicant satisfied the requirements of Land Development Code §165-114.A,
regarding subdivisions. 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, 6, and 10, 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 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 and 15, the applicant
satisfied Land Development Code §165-114.D's requirements for preventing adverse effects from
stormwater runoff and ensuring adequate capacity of stormwater collection systems to handle runoff from
the development street 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.
Vice Chair Brush moved that the Board find that, based on Exhibits 2 and 6, the applicant satisfied Land
Development Code §165-114.F's requirements for landscaping, tree preservation, and species type.
Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,August 6, 2024
Member Meagher moved that the Board find that, based on Exhibits 2 and 6, the applicant satisfied Land
Development Code§165-114.G's requirements for building location and setbacks. Seconded by Member
Hayes. 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 Minor Site Development & Minor Subdivision and therefore, the Board grants
the Land Development Permit for the proposed Project, with the condition that evidence of a deed
combining Map-Lot 055-136 and 055-136-A is accepted by the Code Enforcement Division prior to
issuance of a building permit. Seconded by Alternate Member Jonas. Roll call vote conducted — all in
favor, none opposed. Motion passed.
PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS
3. Text Amendment - To amend the Land Development Code bv correctinq clerical
errors in the dimensional controls in Attachment 3, Schedule B.
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 —there were none.
Chair Perkins opened the public comments —there were none. Public comments closed.
Member Meagher moved that the Board recommend to City Council that the proposal to amend the Land
Development Code by correcting clerical errors in the dimensional controls in Attachment 3, Schedule B
ought to pass. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed.
Motion passed.
4. Text Amendment — To amend the Land Development Code bv exemptinq certain
uses involvinq the construction or renovation of buildinqs or uses with 3 or more
commercial or residential units from requirinq a Land Development Permit.
Planning Officer Anja Collette presented the agenda item and gave an overview of the proposed amendment.
Chair Perkins asked about the language, as he felt it was somewhat confusing. Planning Officer Collette
clarified that the language is directly from the State subdivision statute. Board members discussed postponing
a vote so that language can be modified to be more easily understood. Discussed this option with Collette.
Member Boucher asked if there is urgency to this amendment. Planning Officer Collette reported that there is
someone who is affected by this language, but she doesn't know of a large volume of people currently being
held back by it. However, she also noted that she doesn't know how many people Code Enforcement have
interacted with that have decided to forgo a project due to the language. She also stated that staff are
proposing this change because it seems reasonable as a way to reduce barriers to creating housing. Boucher
suggested voting on this and requesting a clean-up of the language after the fact. Discussed with Collette.
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,August 6, 2024
Board members and Planning Officer Collette discussed how this amendment will pair with the upcoming
revisions to the Land Use Code. Collette stated that this section of the Code will definitely be looked at again
and in more depth during that process since one of the main goals of the re-write is to make this section more
user-friendly.
Vice Chair Brush moved that the Board postpone voting on the proposal to amend the Land Development
Code by exempting certain uses involving the construction or renovation of buildings or uses with 3 or
more commercial or residential units from requiring a Land Development Permit until the August 20, 2024
meeting, in order to see if simpler language can be included. Seconded by Member Bazinet. Roll call
vote conducted —all in favor, none opposed. Motion passed.
OTHER BUSINESS
5. Update on Comprehensive Plan Implementation Progress
Planning Officer Anja Collette presented the agenda item and gave an overview of the written update prepared
by Planning Analyst Brian Scannell.
Vice Chair Brush asked if inetrics could be added to next update. Discussed with Planning Officer Collette.
Collette stated that many of the strategies weren't feasible to add metrics to since they were somewhat more
intangible; however, where it may be possible add metrics, staff will look at doing so.
Member Boucher commented that he found the written update very helpful and asked what group is providing
oversight of implementation. Planning Officer Collette responded that staff is implementing the action steps but
the Planning Board is still considered the steering committee. Boucher asked if the Board needs to take any
action at this time —Collette responded that they do not.
Board members discussed the current progress at length.
6. Adoption of Notice of Decision for 416 Stillwater Avenue
Vice Chair Brush moved that the Board adopt the Notice of Decision for 416 Stillwater Avenue. Seconded by
Member Bazinet. Roll call vote conducted — all voting members in favor, none opposed. Motion passed.
7. Meeting Minutes — July 16, 2024
Alternate Member Jonas moved to approve the minutes of July 16, 2024, seconded by Member Bazinet. All
voting members in favor, none opposed. Motion passed.
Meeting adjourned at 8:30 pm.
Respectfully submitted,
Sarah Maquillan,
Development Assistant, Planning Division
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