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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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