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HomeMy WebLinkAbout2024-08-06 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, 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. Page 2 � 6 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. Page 3� 6 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. Page 4� 6 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. Page 5 � 6 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 Page 6 � 6