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HomeMy WebLinkAbout2024-10-01 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, 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 TELEPHONE: (207)992-4280 FAX: (207)945-4447 WWW.BANGORMAINE.GOV 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. Page 2 � 7 City of Bangor Planning Division 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. Page 3� 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, October i, 2024 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 Page 4� 7 City of Bangor Planning Division 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 Page 5 � 7 City of Bangor Planning Division 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. Page 6 � � City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, October i, 2024 Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 7� 7