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PLANNING BOARD
TUESDAY, SEPTEMBER 3, 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
Janet Sanborn Jonas
Jennifer King
Donald Meagher
Citv Staff Present: Anja Collette, Planning Officer
Jefferson Davis, Interim City Engineer
Grace Innis, Assistant Solicitor
Brian Scannell, Planning Analyst
Chair Perkins called the meeting to order at 7:00 P.M.
PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS
1. Zone Chanqe—Stillwater Avenue— Map-Lot R56-003-A - Urban Residence 1 District
(URD-1) to Government & Institutional Service District (G&ISD) - To amend the Land
Development Code by changing a portion of a parcel of land, located on Stillwater
Avenue, at Map-Lot R56-003-A, from Urban Residence 1 District (URD-1)to Government
& Institutional Service District (G&ISD). Said area of land contains approximately 3.70
acres. Applicant/Owner: Acadia Hospital Corp.
Chair Perkins introduced the agenda item. Member Boucher mentioned that he is a former employee of
Northern Light— does not feel that he has a conflict of interest, but requested the Board vote on this. Vice
Chair Brush moved that Member Boucher does not have a conflict of interest, seconded by Member Bazinet.
Roll call vote conducted —all in favor, none opposed. Motion passed.
Applicant representative Shane McPherson presented to the podium and gave overview of application.
Chair Perkins asked the staff for any comments —there were none.
73 HARLOW STREET,BANGOR,ME 04401
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, September 3, 2024
Chair Perkins asked Board members 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 changing a parcel of land, located on Stillwater Avenue, at Map-Lot R56-003-A,
from Urban Residence 1 District (URD-1) to Government & Institutional Service District (G&ISD) ought
to pass. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion
passed.
2. Text Amendment — To amend the Land Development Code bv chanqinq the
licensinq requirements for co-livinq dormitories from a combination of short-term
rental and business licensinq to onlv innkeepers' licensinq, and also exemptinq
co-livinq dormitories from the Citv's short-term rental ordinance.
Planning Officer Anja Collette presented the agenda item and gave overview of proposed amendment.
Chair Perkins asked the Board members for any questions or comments.
Member Jonas expressed support for the amendment.
Member Boucher asked how many co-living properties are currently in the City— Planning Officer Collette
responded that since this is such a new use, there are none as of yet, other than the project that was recently
approved by the Board and is not constructed yet.
Chair Perkins opened the public comments.
Member of the public Peggy Sheriff presented to the podium and asked if these properties would be subject to
the same innkeepers' license requirements as are currently in effect— Planning Officer Collette responded that
they will be.
Chair Perkins closed the public comments.
Vice Chair Brush moved that the Board recommend to City Council that the proposal to amend the Land
Development Code by changing the licensing requirements for co-living dormitories from a combination
of short-term rental and business licensing to only innkeepers' licensing, and also exempting co-living
dormitories from the City's short-term rental ordinance ought to pass. Seconded by Member Boucher.
Roll call vote conducted — all in favor, none opposed. Motion passed.
PUBLIC HEARING — LAND DEVELOPMENT PERMITS
3. Land Development Permit — Flaq Lot — Ohio Street — Map-Lots R03-005-A & R03-005-B -
Land Development Permit Application for creation of a flag lot, at property located on Ohio Street,
at Map-Lots R03-005-A & R03-005-B, in the Rural Residence & Agricultural District (RR&A).
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, September 3, 2024
Applicant/Owner: Brian Hatch.
Chair Perkins introduced the agenda item and asked for any conflicts of interest—there were none.
Member Boucher moved that the Board find that the application was deemed complete on September 3,
2024, the applicant paid all applicable fees, and the proposed project is the creation of a flag lot.
Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed.
Applicant Brian Hatch presented to the podium and gave overview of application.
Chair Perkins asked the staff for any comments —there were none.
Chair Perkins asked Board members for any questions or comments —there were none.
Chair Perkins opened the public comments —there were none. Public comments closed.
Member Boucher moved that the Board find that, based on Exhibit 2, 4, and 5 the applicant satisfied §
165-68B of the Land Development Code regarding minimum frontage, access strip dimensions, rear lot
zoning and tiers, and requirements for flag lots in the Rural Residence and Agriculture District. Seconded
by 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, 4, 5, and 7, the applicant satisfied
the requirements of a minor subdivision, including compliance with State statute 30-A M.R.S.A. § 4404,
conformance to existing zoning regulations, adjacency to an existing improved street, appropriate angles
of side lot lines, and the inclusion in the subdivision plat of the information required in §165-126D of the
Land Development Code. Seconded by Member Meagher. Roll-call vote conducted — all in favor, none
opposed. Motion passed.
Chair Perkins asked that the Board condition final approval on receipt of an engineer's report — Board
members in agreement.
Vice Chair Brush moved that the Board find that, based on the findings made in Part 2 of Section IV of
this document, the applicant satisfied the requirements of Land Development Code §165-114.A,
regarding compliance with 30-A M.R.S.A. § 4404 and Article XVIII of the City of Bangor Land
Development Code. Seconded by Member Hayes. Roll-call vote conducted —all in favor, none opposed.
Motion passed.
Member Boucher moved that the Board find that the project meets the requirements for a Land
Development Permit for a Flag Lot and therefore, the Board grants the Land Development Permit for the
proposed Project, with the additional requirement that an engineer's report from the City of Bangor is
received prior to the issuance of a building permit. Seconded by Member Bazinet. Roll-call vote
conducted —all in favor, none opposed. Motion passed.
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4. Land Development Permit — Maior Site Development & SLODA Modification — 28
Haves Street — Map-Lot 001-260 - Land Development Permit Application — Major Site
Development & SLODA Modification for a 6,853sqft addition to the Maine Army National
Guard building and renovations to Building 255 for the Army Band unit, at property located
at 28 Hayes Street, Map-Lot 001-260, in the Government & Institutional Service District
(G&ISD). Applicant/Owner: Maine Department of Defense & Veterans Services Bureau.
Chair Perkins introduced the agenda item and asked for any conflicts of interest—there were none.
Member Hayes moved that the Board find that the application was deemed complete on September 3,
2024, the applicant paid all applicable fees, and the proposed project is a Major Site Development and
SLODA Modification. Seconded by Member Jonas. Roll-call vote conducted—all in favor, none opposed.
Motion passed.
Applicant representative Paul LaPointe presented to the podium and gave overview of application.
Chair Perkins asked the staff for any comments —there were none.
Chair Perkins asked Board members for any questions or comments —there were none.
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, 16, 18, and 40 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 Exhibits 2, 35, and 36 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 Bazinet. Roll-call vote conducted
—all in favor, none opposed. Motion passed.
Member Boucher moved that the Board find that, based on Exhibits 2, 35, and 36, the applicant satisfied
Land Development Code §165-72 requiring adequate parking spaces and a minimum of 1 handicapped
accessible space, §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
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, 35, and 36, 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 Boucher. Roll-
call vote conducted —all in favor, none opposed. Motion passed.
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Member Hayes moved that the Board find that, based on Exhibits 2, 20, 21, 34, and 40, 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 Jonas. Roll-call vote conducted
—all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that, based on Exhibit 2, 32, 35, and 36, the applicant satisfied
the Land Development Code § 165-81 requiring appropriate lighting, in accordance with regulations on
intensity, direction, and height. 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, 37, 38 and 43, the applicant
satisfied the Land Development Code § 165-82 requiring adequate fire protection. 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 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, 16-18, and 40, the applicant satisfied
the Land Development Code §165-84 requiring provisions for surface water and storm drainage.
Seconded by Member Jonas. Roll-call vote conducted —all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that, based on Exhibits 2 and 21, 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 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, 31, 35, and 36 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, the Project meets the requirements of § 165-97.B for uses within the — Government and
Institutional Service District (G&ISD). 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 40, 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 Hayes. Roll-call vote conducted — all in favor,
none opposed. Motion passed.
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Member Meagher moved that the Board find that, based on Exhibits 2, 5, 16-18, and 40 the applicant
satisfied Land Development Code §165-114.D's requirements for preventing adverse effects from
stormwater runoff and ensuring there is adequate capacity of stormwater collection systems to handle
runoff from the development. 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, and 32, 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 Jonas.
Roll-call vote conducted -all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that, based on Exhibits 2, 4, 14, 35, and 36, 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 Hayes moved that the Board find that, based on Exhibits 2, 4, 35, 36, and 41, the applicant
satisfied Land Development Code §165-114.G's requirements for building location and setbacks.
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, 4, 12, 13, 42, and 45, the applicant
satisfied Land Development Code§165-114.H's requirements for environmental impacts for historic sites,
significant wildlife habitat, or any rare and irreplaceable natural area. Seconded by 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, 5-28, and 34-45, the applicant
satisfied Land Development Code §165-114.J's requirements for meeting the standards of 38 M.R.S.A.
§ 484 and Department of Environmental Protection regulations, Chapters 371, 372, 373, 375, 376, 377
and 500. Seconded by Member Bazinet. 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 a SLODA modification 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.
5. Land Development Permit - Maior Site Development, Conditional Use, & SLODA
Modification - Haskell Road - Map-Lot R70-031 - Land Development Permit
Application - Site Development Plan & 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.
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Chair Perkins introduced the agenda item and asked for any conflicts of interest—there were none.
Member Jonas moved that the Board find that the application was deemed complete on September 3,
2024, the applicant paid all applicable fees, and the proposed project is a Major Site Development,
Conditional Use, and SLODA Modification. Seconded by Member Hayes. Roll-call vote conducted — all
in favor, none opposed. Motion passed.
Applicant agent Aimee Young presented to the podium and gave overview of application.
Chair Perkins asked the staff for any comments.
Planning Officer Anja Collette noted that SLODA application is complete and signed traffic permit has
been received from MDOT. Gave overview of written public comments received via email and clarified
role of traffic permit in site plan review & approval.
Chair Perkins opened the public comments.
Attorney Tim Pease, Rudman-Winchell, presented to the podium and stated that he is representing two
nearby property owners. Gave overview of his clients' concerns regarding traffic patterns and impact on
business. Requested that Board postpone approval of this application and noted discrepancies in
information from MDOT.
Chair Perkins closed the public comments.
Applicant agent Young presented to the podium again and responded to Pease's comments and
described possible solutions provided by applicant.
Chair Perkins asked Board members for any questions or comments.
Member Bazinet asked who would have option to purchase lot proposed for use of turnaround —Young
responded that MDOT is looking at purchasing lot.
Alternate Member King asked for clarification regarding role of traffic permit in site plan approval —
Planning Officer Collette clarified.
Member Boucher asked for clarification about this project's potential impact on MDOT project— Interim
City Engineer Jefferson Davis clarified. Boucher asked if MDOT project is open to public comment —
Davis responded that he is not sure and clarified their process.
Member Bazinet asked if Board should postpone until MDOT project plans are finalized. Member Boucher
asked if the Board's finding that the application is complete would prohibit postponement—Chair Perkins
responded that it would not.
Planning Officer Collette asked Interim City Engineer Davis to clarify timeline for MDOT project— Davis
clarified. Member Bazinet asked for further clarification on timeline of finalization of plans — Davis
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responded that he is not sure. Chair Perkins asked Pease if he had any information on this — Pease
presented to the podium again and responded that MDOT requested to meet again in 30 days.
Member Bazinet moved that the Board postpone further review until more information received from
MDOT, but for no longer than 60 days. Planning Officer Collette reiterated that with information currently
received from MDOT, the application should be considered complete for review; expressed concern that
just cause to postpone is not present in this case. Member Boucher commented that it is difficult to make
decision with future unknowns. Collette clarified interaction of City's permitting process with State's
permitting processes. Boucher and Vice Chair Brush expressed support for moving forward with review
due to receipt of signed traffic permit. No second received on Member Bazinet's motion — motion did not
carry.
Member Hayes asked for clarification on approval conditions for resolution of traffic concerns; Alternate
Member King asked if applicant could return to Board for extension if needed due to time needed to reach
these resolutions. Planning Officer Collette responded that they could.
Member Boucher moved that the Board find that, based on Exhibits 2, 12, 13, 30, and 44, 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.
Member Hayes moved that the Board find that, based on Exhibits 2 and 17, the applicant satisfied Land
Development Code §165-62's requirements for visual clearance on corner lots, §165-64's requirements
for side yard width, and §165-68's requirements for lot frontage. Seconded by Member Jonas. Roll-call
vote conducted —all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that, based on Exhibits 2 and 17, the applicant satisfied Land
Development Code §165-72 requiring adequate parking spaces and a minimum of 1 handicapped
accessible space, §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
Boucher. 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 17, the applicant satisfied Land
Development Code §165-76 requiring one loading space and §165-77 regarding the loading space size.
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, 6, 22, and 25-27 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 Hayes. Chair Perkins asked
about sewer capacity in this area — Interim City Engineer Davis confirmed that adequate sewer capacity
present. Member Jonas asked about water capacity—Planning Officer Collette confirmed adequate water
capacity present. Roll-call vote conducted — all in favor, none opposed. Motion passed.
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Vice Chair Brush moved that the Board find that, based on Exhibits 2, 6, and 15, the applicant satisfied
Land Development Code §165-81 requiring appropriate outdoor lighting and the prevention of light
trespass onto adjacent properties. 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, 16, and 20, the applicant satisfied
the Land Development Code §165-82 requiring adequate fire protection. Seconded by Member Jonas.
Roll-call vote conducted —all in favor, none opposed. Motion passed.
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.
Vice Chair Brush moved that the Board find that, based on Exhibits 2, 13, 30, 31, and 42, the applicant
satisfied the Land Development Code§165-84 requiring provisions for surface water and storm drainage.
Seconded by Member Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed.
Member Boucher moved that the Board find that, based Exhibits 2, 22, and 25, 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 Jonas. Roll-call
vote conducted —all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that, based on Exhibits 2 and 17, the applicant satisfied §165-
135 of the Land Development Code regarding height limits, building envelope standards, floor area ratio,
impervious surface ratio, and buffer yards. Seconded by Member Meagher. Roll-call vote conducted—all
in favor, none opposed. Motion passed.
Member Hayes moved that the Board find that, based on Exhibits 2, 17, and 28, that the project provided
adequate queuing space shall be provided for vehicles, without restricting vehicular movements on the
site at access points to any service road or street, including at least five spaces for each service window
or station at a drive-in bank or drive-in restaurant. Seconded by Member Jonas. Roll-call vote conducted
—all in favor, none opposed. Motion passed.
Vice Chair Brush moved that the Board find, based on Exhibits 2 and 17, that the project provided
additional parking area for vehicles where any product is to be consumed on the premises or where
service to vehicles away from drive-up windows or stations is contemplated or 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 the findings made in Parts 1 and 2 of Section
IV of this document, as well as in Items 1-2 of this Part 3, the Project meets the requirements of§165-
102 for a conditional use (drive-in business) within General Commercial and Service (GC&S). Seconded
by Member Jonas. Roll-call vote conducted —all in favor, none opposed. Motion passed.
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Member Jonas moved that the Board find that, based on the findings made in Part 3 of Section IV of this
document, the Project meets the development standards and use conditions of the district in which the
property in question is located. Seconded by Member Boucher. Roll-call vote conducted — all in favor,
none opposed. Motion passed.
Member Hayes moved that the Board find, based on Exhibits 2, 19, 28, and 36, that the project will not
create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent street.
Seconded by Vice Chair Brush. Roll-call vote conducted —all in favor, none opposed. Motion passed.
Member Boucher moved that the Board find, based on Exhibits 2, 6, 16, 17, 22, 27, 28, and 30, 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 Boucher moved that the Board find, based on Exhibit 2 and 6, 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 Jonas. Roll-
call vote conducted —all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that, based on Exhibits 2, 28, and 36, 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, including the provision for safe pedestrian travel to all on-site uses.
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, 30-31, and 42, 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. 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 15, 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 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 24, the applicant satisfied Land
Development Code §165-114.F's requirements for landscaping, tree preservation, and species type.
Seconded by Member Jonas. Roll-call vote conducted —all in favor, none opposed. Motion passed.
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Member Jonas moved that the Board find that, based on Exhibits 2 and 17, 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.
Member Boucher moved that the Board find that, based on Exhibits 2, 6-12, 15-17, 22, 27-31, 36, and
40-42, the applicant satisfied Land Development Code §165-114.J's requirements for meeting the
standards of 38 M.R.S.A. §484 and Department of Environmental Protection regulations, Chapters 371,
372, 373, 375, 376, 377 and 500. 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 Major Site Development, Conditional Use, and SLODA Modification, and
therefore grants the Land Development Permit for the proposed Project with the following conditions: (1)
Prior to issuance of a building permit, evidence is provided to Code Enforcement that an easement to the
City has been recorded for the sidewalk and stormwater catch basins located on the Project property. (2)
Prior to issuance of a building permit, evidence is provided to Code Enforcement that $641.26 in impact
fees has been submitted to the City of Bangor Engineering Department. (3) Prior to issuance of a
Certificate of Occupancy, any off-site improvements required by the Traffic Movement Permit are
completed subject to any local and state inspections. Seconded by Member Boucher. Roll-call vote
conducted —six in favor, one (Member Bazinet) opposed. Motion passed.
6. Land Development Permit— Maior Site Development, Minor Subdivision, Conditional
Use, Planned Group Development Modification, & SLODA Modification — 154 Sunset
Avenue — Map-Lot 004-021-B - Land Development Permit Application — Major Site
Development, Minor Subdivision, Conditional Use, Planned Group Development Modification,
& SLODA Modification for construction of a 3-story, 50-unit senior housing building with
associated parking lot, at property located at 154 Sunset Avenue, Map-Lot 004-021-B, in the
High-Density Residential and Urban Residence 2 Districts (HDR and URD-2).
Applicant/Owner: Housing Authority of the City of Bangor.
Chair Perkins introduced the agenda item and asked for any conflicts of interest—there were none.
Member Boucher moved that the Board find that the application was deemed complete on September 3,
2024, the applicant paid all applicable fees, and the proposed project is a Major Site Development, Minor
Subdivision, Conditional Use, Planned Group Development Modification, and SLODA Modification.
Seconded by Member Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed.
Applicant agent Sean Thies presented to the podium and gave overview of application.
Chair Perkins asked the staff for any comments.
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Planning Officer Anja Collette suggested adding fire hydrant condition to the vote on adequate fire
protection, and then referencing this in final decision.
Chair Perkins opened the public comments —there were none. Public comments closed.
Chair Perkins asked Board members for any questions or comments —there were none.
Member Hayes moved that the Board find that, based on Exhibits 2, 5, and 11, 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 Bazinet moved that the Board find that, based on Exhibits 2 and 21, the applicant satisfied the
requirements of Land Development Code §165-68 regarding lot frontage for lots located to the rear of
another lot which fronts an improved public street. 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 21, the applicant satisfied the
requirements of Land Development Code §165-69 regarding planned group developments. Seconded
by Member Jonas. Roll-call vote conducted —all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that, based on Exhibits 2 and 21, the applicant satisfied Land
Development Code §165-72 requiring adequate parking spaces and a minimum of 1 handicapped
accessible space, §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 —all in favor, none opposed. Motion passed.
Member Boucher moved that the Board find that, based on Exhibits 2 and 21, 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 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, 22, and 24, 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 Jonas. Roll-call vote conducted — all in
favor, none opposed. Motion passed.
Member Jonas moved that the Board find that, based on Exhibit 2, 12, and 21, the applicant satisfied the
Land Development Code § 165-81 requiring appropriate lighting, in accordance with regulations on
intensity, direction, and height. 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 Exhibit 2, 20, and 26, the applicant satisfied
the Land Development Code § 165-82 requiring adequate fire protection, with the condition that the
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Planning Board Meeting Minutes —Tuesday, September 3, 2024
applicants work with the Fire Department to determine whether a second hydrant is needed on the site
and if it is, that a modified site plan showing the additional hydrant be provided to the Planning Division
prior to issuance of a building permit. 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 the Land
Development Code §165-83 requiring adequate electrical services. 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, 5, 8, and 23, the applicant satisfied
the Land Development Code §165-84 requiring provisions for surface water and storm drainage.
Seconded by Member Jonas. Roll-call vote conducted —all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that, based on Exhibits 2, 16, and 24, 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 Boucher. 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 21, 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 Boucher moved that the Board find that, based on Exhibits 2 and 7, the applicant satisfied the
use conditions for subsidized housing for the elderly listed in § 165-100D(3) of the Land Development
Code, regarding the minimum lot size for the use, maximum dwelling units, and development density.
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 the findings made in Parts 1 and 2 of Section
IV of this document, as well as Item 1 in this Part 3, the Project meets the requirements of § 165-100B
for uses within the High-Density Residential District (HDR). Seconded by Member Jonas. Roll-call vote
conducted —all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that based on the findings made in Part 3 of Section IV of this
document, as well as Exhibits 2, 8, 11-15, 21-24, and 28-31, the Project satisfies the requirements of a
minor subdivision, including compliance with State statute 30-A M.R.S.A. § 4404, conformance to existing
zoning regulations, adjacency to an existing improved street, appropriate angles of side lot lines, and the
inclusion in the subdivision plat of the information required in §165-126D of the Land Development Code.
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 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
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, September 3, 2024
compliance with 30-A M.R.S.A. § 4404. 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 23, 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—all in favor,
none opposed. Motion passed.
Member Hayes moved that the Board find that, based on Exhibits 2, 8, 23, 29, and 38-39, the applicant
satisfied Land Development Code §165-114.D's requirements for preventing adverse effects from runoff
and ensuring adequate capacity of stormwater collection systems to handle runoff from the development.
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, 12, and 21, 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 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 and 21, the applicant satisfied Land
Development Code §165-114.F's requirements for landscaping, tree preservation, and species type for
plantings. Seconded by Member Jonas. Roll-call vote conducted — all in favor, none opposed. Motion
passed.
Member Jonas moved that the Board find that, based on Exhibits 2 and 21, 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, based on Exhibits 2, 5-15, 22-24, 29-31, and 38-39, the
applicant satisfied Land Development Code §165-114.J's requirements for meeting the standards of 38
M.R.S.A. § 484 and Department of Environmental Protection regulations, Chapters 371, 372, 373, 375,
376, 377 and 500. 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 the findings made in Part 3 of Section IV of
this document, as well as based on review of Exhibits 2 and 21, the project meets the standards and use
conditions of the district in which the property in question is located, the High Density Residential (HDR),
and that there are not any variance requirements or other standards that would impede the granting of
the permit. Seconded by Member Jonas. Roll-call vote conducted — all in favor, none opposed. Motion
passed.
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Planning Board Meeting Minutes —Tuesday, September 3, 2024
Member Jonas moved that the Board find, based on Exhibits 2, 7, and 23 that the project will not create
unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets. 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 findings made in Parts 1 through 5 of Section
IV of this document, 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 Jonas. Roll-call vote conducted —all in favor, none
opposed. Motion passed.
Vice Chair Brush moved that the Board find, based on Exhibit 2 and 7, 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 Boucher moved that the Board find that the project meets the requirements for a Land
Development Permit for a Major Site Development, Minor Subdivision, Conditional Use, Planned Group
Development Modification, and SLODA Modification, and therefore grants the Land Development Permit
for the proposed Project with the condition that the applicants work with the Fire Department to determine
whether a second hydrant is needed on the site and if it is, that a modified site plan showing the additional
hydrant be provided to the Planning Division prior to issuance of a building permit, and a second condition
requiring receipt of an engineering report from the City Engineer prior to issuance of building permit.
Seconded by Vice Chair Brush. Roll-call vote conducted — all in favor, none opposed. Motion passed.
OTHER BUSINESS
7. Adoption of Notice of Decision for 199 Ohio Street - Matthew Willette
Member Meagher moved that the Board adopt the Notice of Decision for 199 Ohio Street— Matthew Willette.
Seconded by Member Bazinet. Roll call vote conducted —all voting members in favor, none opposed. Motion
passed.
8. Adoption of Notice of Decision for 1423 Ohio Street— Penobscot Christian School
Vice Chair Brush moved that the Board adopt the Notice of Decision for 1423 Ohio Street— Penobscot
Christian School. Seconded by Member Hayes. Roll call vote conducted —all voting members in favor, none
opposed. Motion passed.
9. Meeting Minutes —August 20, 2024
Member Bazinet moved to approve the minutes of August 20, 2024, seconded by Vice Chair Brush. All voting
members in favor, none opposed. Motion passed.
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, September 3, 2024
Meeting adjourned at 9:12 pm.
Respectfully submitted,
Sarah Maquillan,
Development Assistant
Planning Division
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