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HomeMy WebLinkAbout2024-11-19 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, NOVEMBER 19, 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 (voting due to vacant seat) Citv Staff Present: Anja Collette, Planning Officer Jeff Davis, City Engineer Grace Innis, Assistant Solicitor Brian Scannell, Planning Analyst Chair Perkins called the meeting to order at 7:00 P.M. CHAIR INTRODUCTION Chair Perkins made his introduction and noted that the previously scheduled executive session has been cancelled. OLD BUSINESS 1. Meeting Minutes — October 15, 2024 Vice Chair Brush moved to approve the minutes of October 15, 2024, seconded by Member Bazinet. Roll call vote conducted —all voting members in favor, none opposed. Motion passed. 2. Discussion About Land Development Code Update Planning Officer Anja Collette presented the agenda item. Chris Jennette, Camiros, presented to the podium and gave a slideshow on the Land Development Code update project. 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, November i9, 2024 Planning Officer Collette gave an update on public engagement meetings. Chair Perkins opened the public comments —there were none. Public comments closed. Chair Perkins asked the Board for any questions or comments. Member Boucher asked whether any re-zoning would be applied retroactively—Jennette responded with an overview of the typical process in these circumstances. Boucher asked if Camiros would be considering data on non-conforming dwelling units during their research — Planning Officer Collette responded that they would. Chair Perkins expressed support for the recommendation to make the Land Use Code more readable and more easily understandable. 3. By-Law Amendments Member Boucher moved to accept the by-law amendments as presented, seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. NEW BUSINESS LAND DEVELOPMENT CODE AMENDMENTS 4. Zone Chanqe — 12 Wilev Street — Map-Lot 021-007 - Urban Residence 1 District (URD-1) to Multifamilv & Service District (M&SD) - To amend the Land Development Code by changing a parcel of land, located at 12 Wiley Street, at Map-Lot 021-007, from Urban Residence 1 District (URD-1) to Multifamily & Service District (M&SD). Said area of land contains approximately 0.15 acre total and is more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: Reannah L. Glidden. Chair Perkins introduced the agenda item. Reannah Glidden, applicant, presented to the podium and gave an overview of the application. Chair Perkins asked the Board for any questions or comments. Member Jonas asked how many dwellings are currently present at this property—Applicant Glidden responded that she believed that she was purchasing a legal three-unit building, but that there are four existing units. Chair Perkins opened the public comments —there were none. Public comments closed. Member Boucher asked why the proposed new zone is M&SD instead of URD-2 — Planning Officer Collette responded and clarified the lot size and requirements in each zone for dwelling unit allowances. The applicant clarified the amount of currently operating units. Chair Perkins commented on the property's lack of conformity to the surrounding neighborhood and expressed Page 2 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, November i9, 2024 hesitation to approve a zone change for this individual property without broader zoning changes to the surrounding neighborhood. Planning Officer Collette added clarification regarding use of the Comprehensive Plan when evaluating the zone change proposal and making a decision on it. Perkins clarified his concerns regarding spot zoning. Alternate Member King asked if any public comments had been received already regarding this application — Planning Officer Collette responded that there had not. Chair Perkins asked about the data regarding the surrounding neighborhood — Planning Officer Collette responded that it is pulled from the City's tax data. Perkins commented that he is unsure whether this data is reliable. Member Boucher asked whether the applicant would consider re-applying for a zone to URD-2 instead of M&SD. Alternate Member King asked whether a zone change could be approved with conditions — Planning Officer Collette clarified the process for contract zoning. Member Boucher moved that the Board recommend the proposal to amend the Land Development Code by changing a parcel of land, located at 12 Wiley Street, at Map-Lot 021-007, from Urban Residence 1 District (URD-1) to Multifamily & Service District (M&SD) ought to pass. Seconded by Member Jonas. Roll call vote conducted —two in favor (Members Bazinet&Jonas), five opposed. Motion failed. Those members not in favor expressed that their decision was based on concerns over spot zoning and incompatibility with the surrounding neighborhood. Recommendation to City Council is that the proposal ought not to pass. Chair Perkins recommended that the applicant follow up with Planning Officer Collette regarding other options. LAND DEVELOPMENT PERMITS 5. Land Development Permit — Site Development and Minor Subdivision — 12 Carroll Street — Map-Lot 024-110 - Land Development Permit Application — Site Development Plan and Minor Subdivision for construction of a 2400sqft two-story building with three dwelling units, at property located at 12 Carroll Street, Map-Lot 024-110, in the Urban Residence 2 District (URD-2). Applicant: Mobile Tech Plus LLC (Frank Pimenta). Owner: James C. R. Stoneton. Chair Perkins introduced the agenda item. Frank Pimenta, applicant, presented to the podium and gave an overview of the application. Chair Perkins asked whether the applicant presently owns the property—Applicant Pimenta clarified the status of the sale process. Member Jonas moved that the Board find that the application was deemed complete on November 19, 2024, that the applicant paid all applicable fees, that the proposed project is a Major Site Development and Minor Subdivision, and that the plat was reviewed by the Engineering Department and a written report was received Page 3� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, November i9, 2024 from the City Engineer on November 13, 2024. Seconded by Member Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins asked staff for any comments —there were none. Chair Perkins asked the Board 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 and 24, the applicant satisfied Land Development Code §165-33's requirements regarding filling, grading and earthmoving activities and §165- 33.1's requirements regarding Erosion and Sediment Control best practices. Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2 and 21, the applicant satisfied the requirements of Land Development Code §165-68 regarding lot frontage. Seconded by Alternate Member King. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2, 5, 19, 21, and 24, 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 Jonas. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2, 5, 11, 23, 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 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, 8, 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 Hayes moved that the Board find that, based on Exhibit 2, 19, and 22, 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, 5, and 24, the applicant satisfied the Land Development Code §165-83 requiring adequate electrical services. Seconded by Vice Chair Brush. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2, 6, and 24, the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. Seconded by Page 4�9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, November i9, 2024 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, 19, 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 Alternate Member King. Roll-call vote conducted —all in favor, none opposed. Motion passed. Alternate Member King moved that the Board find that, based on Exhibit 2, 5, 6, 9, 19, and 21, the applicant satisfied §165-135 of the Land Development Code regarding height limits, floor area ratio, impervious surface ratio, buffer yards, and §165-136 regarding the location of the egress doors. 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 Parts 1 and 2 of Section IV of this document, and based on Exhibit 2 and 21, the Project meets the requirements of§165-89.B for a permitted use within the Urban Residence 2 District (URD-2). 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 1-3 of Section IV of this document, as well as Exhibits 2, 5, 7, 15, 19, 21, 24, 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 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 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 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 24, 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 Alternate Member King. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that based on Exhibit 2, 19, and 24, 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 Hayes. 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 4 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 Land Development Code. 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 24, the applicant satisfied the Page 5 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, November i9, 2024 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 Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed. Alternate Member King moved that the Board find that, based on Exhibits 2, 6, and 24, the applicant satisfied Land Development Code §165-114.D's requirements for preventing adverse effects from runoff and ensuring there is adequate 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. Vice Chair Brush moved that the Board find that, based on Exhibits 2, 8, 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 Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2, 19, 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 Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Hayes 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 Vice Chair Brush. 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 Minor Subdivision, and therefore grants the Land Development Permit for the proposed Project. Seconded by Alternate Member King. Roll-call vote conducted —all in favor, none opposed. Motion passed. 6. Land Development Permit — Site Development — 876 Stillwater Avenue — Map-Lot R61- 006-A - Land Development Permit Application — Site Development Plan for removal of an existing building with the construction of a deck and a 1,050sqft greenhouse, and reconfiguration of parking at property located at 876 Stillwater Avenue, Map-Lot R61-006-A, in the Shopping & Personal Services District (S&PS). Applicant: Trillium Engineering Group. Owner: Blue Seal Feeds Inc. Chair Perkins introduced the agenda item. Member Jonas moved that the Board find that the application was deemed complete on November 19, 2024, that the applicant paid all applicable fees, and that the proposed project is a Major Site Development. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Eric Dube, Trillium Engineering Group, presented to the podium and gave an overview of the application. Page 6 � 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, November i9, 2024 Chair Perkins asked the staff for any questions or comments. Planning Officer Collette gave a summary of the recommendations from the Penjajawoc Marsh-Mall Commission regarding addition of a floor drain to the greenhouse. Member Bazinet asked for clarification about this recommendation —Collette clarified. Alternate Member King asked about the existing greenhouse arrangement—Jamas Gibbons, Blue Seal Feeds, presented to the podium and clarified. Member Jonas asked for clarification about the property's stormwater—City Engineer Jeff Davis responded and clarified. Chair Perkins opened the public comments —there were none. Public comments closed. Vice Chair Brush asked about the process for adding the Penjajawoc Marsh-Mall Commission's recommendation as a condition — Planning Officer Collette clarified. Chair Perkins asked the applicant if they would be amenable to this condition —the applicant responded that they would. Member Bazinet asked for clarification regarding the wording and specifics of the condition —Collette responded and clarified. Member Boucher asked about stormwater versus sewer - City Engineer Davis clarified, provided local context, and deferred to City Sewer. Member Bazinet moved that the Board find that, based on Exhibits 2 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 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, 10, and 12, the applicant satisfied Land Development Code §165-72 requiring adequate parking spaces including handicapped accessible spaces, §165-73 regarding parking area location, setbacks, and screening, and §165-74 regarding minimum design standards for surface parking and parking lot design. Seconded by 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 ,11, and 12, 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. Alternate Member King moved that the Board find that, based on Exhibits 2 and 13, the applicant satisfied the Land Development Code §165-82 requiring adequate fire protection. Seconded by Member Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibit 2 and 11 the applicant satisfied the Land Development Code §165-83 requiring adequate electrical services. Seconded by Alternate Member King. Roll- call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2 and 11 the applicant satisfied the Land Page ��9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, November i9, 2024 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, 10, 11, and 12 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 Alternate Member King. 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 Section IV of this document, and based on Exhibit 2 and 10, the Project meets the requirements of§165-101.B for a permitted use within the Shopping and Personal Service District. Seconded by Vice Chair Brush. Roll-call vote conducted —all in favor, none opposed. Motion passed. Alternate Member King moved that the Board find that, based on Exhibit 2 and the findings made in Parts 1-3 of Section IV of this document, the Project meets the requirements of§165-108.1 regarding projects located in the Penjajawoc Marsh Overlay Zone. Seconded by Vice Chair Brush. Roll-call vote conducted — all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that, based on Exhibits 2, and 10-12, 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 Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2, 11, and 12, the applicant satisfied Land Development Code §165-114.D's requirements for preventing adverse effects from stormwater runoff and ensuring adequate capacity of stormwater collection systems to handle runoff from the development. Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Brush moved that the Board find that, based on Exhibits 2 and 10, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping, tree preservation, and species type. 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 10, the applicant satisfied Land Development Code §165-114.G's requirements for building location and setbacks. Seconded by Alternate Member King. 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, and therefore grants the Land Development Permit for the proposed Project, with the condition that evidence of payment of an impact fee in the amount of$437.22 is paid to the Engineering Department prior to issuance of a building permit and the condition that the applicant work with the Code Enforcement Division and Wastewater Department to put a floor drain to the sewer system in the greenhouse, and in the event of plan revisions, the applicant submit a modified site plan within 30 days, prior to Page 8 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, November i9, 2024 issuance of a building permit. Seconded by Alternate Member King. Roll-call vote conducted —all in favor, none opposed. Motion passed. Meeting adjourned at 8:35 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 9 � 9