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Home My WebLink About2024-08-20 Planning Board Minutes ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN PLANNING BOARD TUESDAY, AUGUST 20, 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 Janet Sanborn Jonas (voting due to vacant seat) City 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. OLD BUSINESS PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 1. Zone Chanqe — 193 Warren Street — Map-Lot 035-081 - Urban Residence 1 District (URD-1) and Urban Residence 2 District (URD-2) to Urban Residence 2 District U( RD_2) - To amend the Land Development Code by changing a parcel of land, located at 193 Warren Street, at Map-Lot 035-081, from both Urban Residence 1 District (URD- 1) and Urban Residence 2 District (URD-2) to only Urban Residence 2 District (URD-2). Said area of land contains approximately .29 acres total and is more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: Christopher Proulx. Applicant Christopher Proulx presented to the Board via Zoom and gave an overview of the application. Chair Perkins asked the staff for any comments—there were none. Chair Perkins asked the Board for any questions or comments. Vice Chair Brush asked if LD2003 would allow for two units to be placed on this lot without a zone change— Planning Officer Anja Collette responded that it would not due to the lot size. 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 20, 2024 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 changing a parcel of land, located at 193 Warren Street, Map-Lot 035-081, from Urban Residence 1 District (URD-1) and Urban Residence 2 District (URD-2) to only Urban Residence 2 District (URD-2) ought to pass. Seconded by Member Bazinet. Roll call vote conducted — 6 in favor, 1 (Chair Perkins) opposed due to not feeling that this zone change would align with Comprehensive Plan. Motion passed. 2. 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 to the Board and stated that the text of a proposed ordinance change cannot be changed prior to second reading with City Council, so if Board members would like the text changed, they would need to vote that this amendment ought not to pass. Collette also noted that staff recommends that the text not be changed so that it accurately reflects the State statute. Chair Perkins asked the Board for any questions or comments. Member Boucher expressed understanding of staff's recommendations and support for moving forward with the amendment. Stated that he felt comfortable relying on staff to interpret the proposed language of the ordinance if inembers of the public or others have questions about it since this is something that is already done for the Code in general. 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 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 ought to pass. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. NEW BUSINESS PUBLIC HEARING — LAND DEVELOPMENT PERMITS 3. Land Development Permit— Minor Site Development— 199 Ohio Street— Map-Lot 031-052 _ Land Development Permit Application — Minor Site Development Plan for removal of existing storage sheds at rear/east side of existing building & construction of new 30'x28' single-story addition for same use; incidental pavement reconstruction & expansion; and retaining wall & grading for north side to accommodate foundation, at property located at 199 Ohio Street, Map- Lot 031-052, in the Neighborhood Service District (NSD). Applicant/Owner: Matthew Willette. Page 2� io City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August 20, 2024 Chair Perkins presented the agenda item and asked the Board for any potential conflicts of interest — there were none. Vice Chair Brush moved that the Board find that the application was deemed complete on August 20, 2024, the applicant paid all applicable fees, and the proposed project is a Minor Site Development. Seconded by Alternate Member Jonas. Roll-call vote conducted — all in favor, none opposed. Motion passed. Applicant agent Shelly Lizotte presented to the podium and gave overview of application. Chair Perkins asked the staff for any comments—there were none. Chair Perkins mentioned a comment received from an abutter expressing concern over shopping carts being left on property other than the subject property and mentioned several possible solutions, while noting that this issue is outside the purview of the Board. Member Bazinet also mentioned several possible solutions and discussed extent of applicant's responsibility with applicant, Matthew Willette. Chair Perkins asked about changes to loading zone and whether trucks will still be parking on Drummond Street —Willette responded that he hopes to no longer need street parking for trucks due to being able to move trailer currently being used for storage. Perkins asked if accessible parking would be provided — Lizotte responded that there are no proposed changes to the parking. Planning Officer Anja Collette provided clarification regarding existing legal non-conformities on the subject lot. Chair Perkins opened the public comments—there were none. Public comments closed. Member Bazinet moved that the Board find that, based on Exhibits 2 and 7, 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 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 and 12, the applicant satisfied Land Development Code §165-62 regarding visual clearance on corner lots. 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 2 and 12, the applicant satisfied Land Development Code §165-64 and §165-68 regulating side yard setbacks and lot frontage. Seconded by Alternate Member Jonas. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Meagher moved that the Board find that, based on Exhibit 2 and 12, the applicant satisfied Land Development Code §165-66 requiring a transitional yard for lots in the Neighborhood Service District (NSD) abutting a residential district. Seconded by Member Bazinet. Roll-call vote conducted—all in favor, none opposed. Motion passed. Page 3 � io City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August 20, 2024 Vice Chair Brush moved that the Board find that, based on Exhibits 2, 10, and 12, 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 Member Bazinet. Roll-call vote conducted — 6 in favor, 1 (Chair Perkins) opposed due to parking concerns mentioned earlier. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 4, 11, 17, and 18, 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 Boucher. Roll-call vote conducted — all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2, 15, 16, and 19, the applicant satisfied the Land Development Code § 165-81 requiring appropriate outdoor lighting that addresses safety, efficiency, the environment, and aesthetics. 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 5, the applicant satisfied the Land Development Code § 165-82 requiring adequate fire protection. 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 Exhibit 2, the applicant satisfied the Land Development Code §165-83 requiring adequate electrical services. Seconded by Member Hayes. Roll- call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2 and 7, the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. 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, 8, 14, and 18, the applicant satisfied the Land Development Code §165-85 and §165-86 requiring compliance with submitting information on anticipated sanitary flows and compliance with sewer regulations. 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 12,the applicant satisfied § 165-135 of the Land Development Code regarding height limits, floor area ratio, impervious surface ratio, and buffer yards. 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 the findings made in Parts 1 and 2 of Section IV of this document, and based on Exhibit 12, the Project meets the requirements of§ 165-91.B for uses within the Neighborhood Service District (NSD). Seconded by Member Boucher. Roll-call vote conducted — all in favor, none opposed. Motion passed. Page 4� io City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August 20, 2024 Member Boucher moved that the Board find finds that, based on Exhibits 2, 10, and 17, 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 — 6 in favor, 1 (Chair Perkins) opposed due to parking concerns already mentioned earlier. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2 and 7, 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. 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, 15, 16, and 19, the applicant satisfied Land Development Code §165-114.E's requirements that outdoor lighting shall be designed, installed, and maintained to avoid unreasonable adverse effects from light pollution. 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 12, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping, tree preservation, and species type. 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 Exhibits 2 and 12, the applicant satisfied Land Development Code §165-114.G's requirements for building location and setbacks. 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 the Project meets the requirements for a Land Development Permit for a Minor Site Development and therefore, the Board grants the Land Development Permit for the proposed Project. Seconded by Member Hayes. Roll-call vote conducted — all in favor, none opposed. Motion passed. 4. Land Development Permit — Major Site Development — 1423 Ohio Street — Map-Lot R14-012 - Land Development Permit Application — Major Site Development Plan for proposed construction of a 4,500sqft building (Phase 1) and an 18,OOOsqft building (Phase 2) to be used as a school, with associated access drive and parking, at property located at 1423 Ohio Street, Map-Lot R14-012, in the Government & Institutional Service District (G&ISD) and Rural Residence & Agricultural District (RR&A). Applicant/Owner: Penobscot Christian School Association. Chair Perkins presented the agenda item and noted that staff received a copy of the State traffic permit today. Page 5� io City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August 20, 2024 Member Boucher asked about whether there being two different zones on this parcel allows for this development— Planning Officer Anja Collette clarified that the proposed development only occurs in the G&ISD zoned section of the parcel. Member Boucher moved that the Board find that the application was deemed complete on August 20, 2024, the applicant paid all applicable fees, and the proposed project is a Major Site Development. Seconded by Alternate Member Jonas. Roll-call vote conducted — all in favor, none opposed. Motion passed. Applicant agent Chip Haskell presented to the podium and gave an overview of the application. Chair Perkins asked staff for any comments — Planning Officer Collette clarified the phasing of the development as well as an approval condition regarding water line connection. Chair Perkins asked about the completion date deadline for this project, as the development will be phased— Planning Officer Collette clarified that the deadline for this project will be August 2028. Member Boucher asked for clarification regarding the standard completion date deadlines. Alternate Member Jonas asked about completion date extensions. Boucher asked for additional clarification regarding the phasing of the project. Jonas also asked about the stormwater portion of the project, which Haskell clarified will be completed first. Chair Perkins opened the public comments. Member of the public, Laurie Lizotte, owner of abutting property, presented to the podium and expressed concerns over noise and impacts on her home's privacy. Haskell presented to the podium again to respond and demonstrated proposed buffers on site plan. Gave further details regarding the proposed development to answer Lizotte's questions. Chair Perkins and Alternate Member Jonas asked about lighting — Haskell clarified what is proposed. Chair Perkins asked the Board for any additional questions or comments. Alternate Member Jonas asked about turn lanes — Planning Officer Collette and Haskell responded that MDOT confirmed that no additional turn lanes will be required at this site. Member Meagher moved that the Board find that, based on Exhibits 2, 7, 9, 16, 29, and 30 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. Member Bazinet moved that the Board find that, based on Exhibits 2 and 25, the applicant satisfied Land Development Code §165-66 requiring a transitional yard for lots in the Government and Institutional Service District (G & ISD) abutting a residential district. Seconded by Member Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed. Page 6� io City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August 20, 2024 Vice Chair Brush moved that the Board find that, based on Exhibits 2 and 25, the applicant satisfied the requirements of Land Development Code§165-65 regarding yard space for group buildings and of§165- 68 requiring minimum frontage of 50 feet. 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 Exhibits 2, 18, and 25, the applicant satisfied Land Development Code§165-72 requiring adequate parking spaces and a minimum of five handicapped accessible 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. Alternate Member Jonas moved that the Board find that, based on Exhibits 2 and 25, the applicant satisfied Land Development Code §165-76 requiring one loading space, §165-77 regarding the loading space size, and §165-78 regarding general loading space requirements. 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, 15, 22, and 31 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 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 and 10 the applicant satisfied the Land Development Code § 165-81 requiring appropriate outdoor lighting that addresses safety, efficiency, the environment, and aesthetics. 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 Exhibits 2 and 21, 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 Exhibit 2, the applicant satisfied the Land Development Code §165-83 requiring adequate electrical services. 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, 7, 15, and 16, the applicant satisfied the Land Development Code §165-84 requiring 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, 15, 22, and 28 the applicant satisfied the Land Development Code §165-85 and §165-86 requiring compliance with submitting information on anticipated sanitary flows and compliance with sewer regulations. Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Page �� io City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August 20, 2024 Member Boucher moved that the Board find that, based on Exhibit 2, 25, and 33 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 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 § 165-97.B for uses within the Government and Institutional Service District (G&ISD). Seconded by Member Bazinet. Roll-call vote conducted — all in favor, none opposed. Motion passed. Alternate Member Jonas moved that the Board find that, based on Exhibits 2, 17, and 32, 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 Boucher. Roll-call vote conducted — all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 7, 15, 16, and 29, 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. 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 10, the applicant satisfied Land Development Code §165-114.E's requirements that outdoor lighting shall be designed, installed, and maintained to avoid unreasonable adverse effects from light pollution. 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 and 25, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping, tree preservation, and species type for plantings. 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 Exhibits 2 and 25, the applicant satisfied Land Development Code §165-114.G's requirements for building location and setbacks. 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 therefore, the Board grants the Land Development Permit for the proposed Project, with the condition that, if the water line connection for the project will be changed to tie into main on Birchwood Avenue, modified site plans showing the new line connection, as well as an easement for the new location, be submitted to the City Planning Division prior to the issuance of a building permit. Seconded by Member Bazinet. Roll-call vote conducted—all in favor, none opposed. Motion passed. Page 8 � io City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August 20, 2024 OTHER BUSINESS 5. Discussion regarding LD 337 and changes to manufactured home ordinance Planning Officer Anja Collette presented to the Board and gave overview of LD 337, as well as proposed Code amendments to come into compliance. Alternate Member Jonas asked about living/green roofs— Planning Officer Collette responded that she would look into this. Jonas also asked about the 75% maximum on windows— Collette responded that this is a standard maximum for traditional residential buildings. Member Bazinet asked for clarification about the specifics of LD 337, and whether covenants could potentially override the law in allowing mobile homes on certain residential lots. Planning Officer Collette clarified the specifics of LD 337 and responded that covenants could override this. Member Boucher asked if this would apply to tiny homes as well — Planning Officer Collette stated that tiny homes were classified differently and were already allowed to be placed anywhere a single-family home could go. Chair Perkins clarified that a mobile home could qualify as an accessory dwelling unit, and asked for clarification about covenants. Assistant Solicitor Grace Innis and Planning Officer Collette responded that they would look into this. Vice Chair Brush asked how common covenants are —Collette responded that this is more commonly seen in formal subdivisions. Board members discussed. Chair Perkins commented that standard homes are required to be built to the standards of MUBEC, but manufactured homes are required to be built to the standards of HUD. Alternate Member Jonas asked for clarification regarding the definition of manufactured homes— Planning Officer Collette clarified. Chair Perkins expressed that he has serious concerns about this State law, especially in regards to the differences in the standards of MUBEC and HUD. Member Meagher commented on the State law's allowance for municipalities to set design requirements. Member Boucher asked if there is any guidance surrounding what is considered to be circumvention of the law. Planning Officer Collette responded that she would look into this and asked if there are specific design requirements that Board members would like to see. Chip Haskell, Haley Ward, presented to the podium to comment on engineering questions posed by the Board, as well as what he has seen done in other municipalities. Member Bazinet reiterated that he would like to have covenants researched —discussed this with Assistant Solicitor Innis and Planning Officer Collette. Alternate Member Jonas commented on past experience working with HUD programs and mentioned the possibility of adding efficiency requirements. Page 9 � io City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,August 20, 2024 Member Hayes expressed concern that the discussion was leaning towards sounding elitist. Member Bazinet disagreed. 6. Adoption of Notice of Decision for 420 & 424 Hancock Street — Broughman Builders, Inc. Vice Chair Brush moved that the Board adopt the Notice of Decision for 420 & 424 Hancock Street— Broughman Builders, Inc. Seconded by Alternate Member Jonas. Roll call vote conducted —all voting members in favor, none opposed. Motion passed. 7. Meeting Minutes —August 6, 2024 Member Boucher moved to approve the minutes of August 6, 2024, seconded by Member Bazinet. All voting members in favor, none opposed. Motion passed. Chair Perkins mentioned that it is not recommended to hold a meeting on Election Day, and proposed cancelling the November 5 meeting with the option to schedule an alternate date that week if needed. Board members in agreement. Meeting adjourned at 8:54 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page io� io