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PLANNING BOARD
TUESDAY, OCTOBER 1, 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
Donald Meagher
City Staff Present: Anja Collette, Planning Officer
Jeff 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 PERMITS
1. Land Development Permit — Maior Site Development, Minor Subdivision, and
Conditional Use — 759 Ohio Street — Map-Lot R34-001-A - Land Development Permit
Application for construction of 6 units within 3 new buildings (two 2-story duplexes with
total footprint of 2,448sqft & one 1-story duplex with footprint of 2,992sqft) at property
located at 759 Ohio Street, Map-Lot R34-001-A, in the Low-Density Residential District
(LDR). Applicant/Owner: County Properties, LLC.
Chair Perkins introduced the agenda item and asked Board members for any potential conflicts of interest—
there were none.
Planning Officer Anja Collette brought up an addition to the procedural background (that a pre-application
meeting was held).
Member Boucher moved that the Board find that a pre-application meeting was held on July 17, 2024, the
application was deemed complete on October 1, the applicant paid all applicable fees, and the proposed
project is a Major Site Development, Minor Subdivision, and Conditional Use. Seconded by Member Bazinet.
Roll call vote conducted — all in favor, none opposed. Motion passed.
73 HARLOW STREET,BANGOR,ME 04401
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, October i, 2024
Shelly Lizotte of Artifex, applicant agent, presented to the podium and gave overview of application.
Noted that requested easement has been recorded as of today's date.
Chair Perkins asked staff for any comments — Planning Officer Collette reiterated that request for sewer
easement has been resolved.
Chair Perkins asked the Board for any questions or comments —there were none.
Chair Perkins opened the public comments, and noted that written public comment was received by staff
earlier in the day.
Member of the public Brandon Keim presented to the podium to clarify and provide further details for his
written comments. Keim distributed handouts relating to §165-9(4) in relation to 759 Ohio Street.
Chair Perkins closed the public comments.
Member Bazinet mentioned the traffic congestion concerns noted in written public comments and asked
Interim City Engineer Jeff Davis for information on traffic impact of proposed project. Davis responded
that there is no anticipated impact and clarified his calculations. Davis added that abutters are welcome
to meet with him regarding further traffic concerns and analyses.
Member Boucher mentioned a written public comment regarding the subject property's not being within
the growth boundary and asked staff for response. Planning Officer Collette clarified that growth boundary
was drawn in this way in order to protect Kenduskeag Stream, but that does not mean further
development cannot be done outside of the growth boundary. Collette also clarified the standards that
the Board is to consider when voting on application approval. Boucher also asked about written public
comment concerning existing development — Collette provided clarification regarding density concerns
and zoning allowances.
Chair Perkins mentioned request in written comments to move development further away from abutting
property line, and noted that this is outside of the purview of the Board, but could be negotiated between
applicant and abutters. Perkins also mentioned written comment regarding concerns of previous
development approvals being issued incorrectly, and recommended concerned parties follow up with
City's Legal department. Perkins clarified that the board would only adjudicate the project being proposed
currently. Perkins also responded to comments mentioning concern of project's lack of conformity with
the surrounding neighborhood, and made suggestions regarding possible improvements to new
buildings' facades to aid with this.
Member Bazinet asked about existing development, whether final construction was in keeping with what
was proposed at time of approval, and whether current application is also in keeping with existing
development. Planning Officer Collette reminded the Board they could request the applicant return at a
later date with elevations or drawings. Applicant Glen Braley presented to the Board to respond and
provided visual examples. Board members discussed various architectural features with Braley.
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Planning Board Meeting Minutes —Tuesday, October i, 2024
Keim returned to the podium to respond to Board members' comments and reiterated his remaining
concerns.
Member Boucher moved that the Board find that, based on Exhibits 2 and 19, 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
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 8, the applicant satisfied the
requirements of Land Development Code §165-65 regarding yard space for group buildings. 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 and 8, the applicant satisfied the
requirements of Land Development Code §165-68 regarding lot frontage. 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, 8, and 19, 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 Meagher. Roll call vote conducted — all in favor, none
opposed. Motion passed.
Member Meagher moved that the Board find that, based on Exhibits 2, 11, 14, and 25, 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. Roll call vote conducted
—all in favor, none opposed. Motion passed.
Vice Chair Brush moved that the Board find that, based on Exhibit 2 4, and 8, the applicant satisfied the
Land Development Code §165-81 requiring appropriate lighting, in accordance with regulations on
intensity, direction, and height. Seconded by Member Bazinet. Roll call vote conducted — all in favor,
none opposed. Motion passed.
Member Meagher moved that the Board find that, based on Exhibit 2 and 6, the applicant satisfied 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.
Member Bazinet moved that the Board find that, based on Exhibit 2 and 19, 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 Boucher moved that the Board find that, based on Exhibits 2, 15, 16, and 19, 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.
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Member Jonas moved that the Board find that, based on Exhibits 2 and 19, 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 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 8, 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 Boucher. Roll call vote conducted—all in favor, none opposed. Motion
passed.
Member Boucher moved that the Board find, based on Exhibits 2, 19, and 25, that the attached residential
project satisfied Land Development Code §165-99.D(1)'s requirements for acreage, dwellings units per
acre, Code standards, water and sewer service. 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 the findings made in Parts 1 and 2 of Section
IV of this document, the first finding made in this Part 3, as well as Exhibits 2 and 8, the Project meets
the requirements of§ 165-99B for basic requirements within the Low-Density Residential District (LDR).
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 1-3 of Section IV
of this document, as well as Exhibits 2, 19, and 25, the Project satisfies the requirements of Land
Development Code §165-126.F(1), regarding 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 Meagher moved that the Board find that based on Exhibits 2 and 8, the Project satisfies the
requirements of Land Development Code §165-126.F(2), regarding the plat's conformance to existing
zoning regulations regarding lot dimensions and areas. 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, 8, and 19, the Project satisfies the
requirements of Land Development Code §165-126.F(3-4), regarding the adjacency of the lot to an
existing street and the side lot lines having appropriate angles to the street lines. Seconded by Member
Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Bazinet moved that the Board find that based on Exhibit 2 and 19, the Project satisfies the
requirements of Land Development Code §165-126.F(6), regarding the plat containing all information
required by §165-126.D. Seconded by Member Jonas. 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 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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Planning Board Meeting Minutes —Tuesday, October i, 2024
compliance with 30-A M.R.S.A. § 4404 and Article XVIII of the Land Development Code. 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, and 19, 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. 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, 15, and 19, the applicant satisfied
Land Development Code §165-114.D's requirements for preventing adverse effects from runoff and
ensuring adequate there is capacity of stormwater collection systems to handle runoff from the
development. 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, 4, and 8, 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
Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Meagher moved that the Board find that, based on Exhibits 2, 8, and 11, the applicant satisfied
Land Development Code§165-114.F's requirements for landscaping,tree preservation, and species type
for plantings. 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 8, 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.
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 Exhibit 2, the project meets the standards and use
conditions of the district in which the property in question is located, the Low-Density Residential District
(LDR), 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.
Member Jonas moved that the Board find, based on Exhibits 2, 4, and 19, that the project will not create
unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets. 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 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
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Planning Board Meeting Minutes —Tuesday, October i, 2024
necessary site improvements. Seconded by Member Meagher. Roll call vote conducted — all in favor,
none opposed. Motion passed.
Vice Chair Brush moved that the Board find, based on Exhibits 2, 4, and 11-13, 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
Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Jonas moved that the Board find that the project meets the requirements for a Land
Development Permit for a Major Site Development, Minor Subdivision, and Conditional Use, and
therefore grants the Land Development Permit for the proposed Project. Seconded by Member Hayes.
Roll call vote conducted —all in favor, none opposed. Motion passed.
OTHER BUSINESS
2. Update on Council Vote on Manufactured Housing Ordinance Amendment
Planning Officer Collette provided an update that Council approved the manufactured housing ordinance
amendment and that there were no Planning Board-related comments. Chair Perkins added his experience at
the meeting. Planning Officer Collette noted she expressed some of the Planning Board's concerns to the
Council.
Member Bazinet requested that City Council provide education about role of Planning Board when members of
the public provide comments regarding Board actions at Council meetings.
Planning Officer Collette read a portion of the Planning Month Proclamation expressing appreciation for Board
members. Also mentioned that staff will have an outreach table at the Sidewalk Art Festival being held this
upcoming weekend and asked if Board members might be able to help staff the table. Several Board members
expressed interest. Collette also gave an update on overall public engagement efforts that are forthcoming.
3. Meeting Minutes — September 17, 2024
Member Bazinet moved to approve the minutes of September 17, 2024, seconded by Member Jonas. All
voting members in favor, none opposed. Motion passed.
Member Boucher mentioned that he will be attending MMA training later this month and discussed with Board
members. Chair Perkins discussed his experience at the training.
Meeting adjourned at 8:11 pm.
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Respectfully submitted,
Sarah Maquillan,
Development Assistant
Planning Division
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