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HomeMy WebLinkAbout2024-09-03 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, 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 TELEPHONE: (207)992-4280 FAX: (207)945-4447 WWW.BANGORMAINE.GOV 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). Page 2 � i6 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. Page 3� i6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 3, 2024 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. Page 4� i6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 3, 2024 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. Page 5 � i6 City of Bangor Planning Division Planning Board Meeting Minutes -Tuesday, September 3, 2024 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. Page 6 � i6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 3, 2024 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 Page �� i6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 3, 2024 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. Page 8 � i6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 3, 2024 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. Page 9 � i6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 3, 2024 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. Page io � i6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 3, 2024 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. Page u � i6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, September 3, 2024 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 Page i2 � i6 City of Bangor Planning Division 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 Page i3 � i6 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. Page i4� i6 City of Bangor Planning Division 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. Page i5 � i6 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 Page i6 � i6