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PLANNING BOARD
TUESDAY, DECEMBER 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
Jonathan Boucher
Trish Hayes
Janet Sanborn Jonas
Jennifer King (voting due to
vacant seat)
City Staff Present: Anja Collette, Planning Officer
Anne Krieg, Development Director
David Szewczyk, City Solicitor
Sarah Maquillan, Planning Assistant
Chair Perkins called the meeting to order at 7:01 P.M.
CHAIR INTRODUCTION
Chair Perkins made his introduction.
OLD BUSINESS
1. Meeting Minutes — November 19, 2024
Chair Perkins requested an addition to the November 19, 2024 meeting minutes regarding a statement by the
applicant for the 12 Wiley Street zone change application. Planning Assistant Sarah Maquillan agreed to make
the change.
Vice Chair Brush moved to approve the minutes of November 19, 2024, with the change noted by Chair
Perkins, seconded by Member Boucher. Roll call vote conducted —all voting members in favor, none opposed.
Motion passed.
2. Pre-Approved Building Plans
Devin Cough, GTD Architects, presented to the Board via Zoom and gave an overview of the initial drafts of
the proposed building plans.
73 HARLOW STREET,BANGOR,ME 04401
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, December 3, 2024
Chair Perkins asked the staff for any comments.
Development Director Anne Krieg presented to the podium and noted that this project is part of the City's
efforts to remove barriers to housing.
Chair Perkins asked the Board for any questions or comments.
Vice Chair Brush asked what the metrics for success have been thus far, and whether local builders had been
engaged to provide feedback. Cough responded that success has been measured by positive feedback from
previous clients, and that local builders have not been approached yet.
Member Jonas expressed approval for the project and asked about accessibility for the proposed units —
Cough responded and clarified accessibility measures.
Alternate Member King asked about estimated building costs for these units, specifically in relation to obtaining
building permits. Development Director Krieg responded that estimated costs will vary on a case-by-case
basis, and that individuals will still need to obtain these estimates at the time of applying for permits.
Chair Perkins asked about accommodations for utilities, in-unit laundry, etc. Cough responded that they are
still discussing these, but will likely design for heat pumps; will continue this discussion with City staff.
Member Boucher asked if the proposed units are designed to be on slabs or foundations —Cough responded
that they are designed to be on slabs. Boucher also asked if photo examples of similarly styled homes in the
area could be provided.
Chair Perkins opened the public comments.
Member of the public Jason Fish presented to the podium and asked if a materials list has been put together
yet—Cough responded that it has not.
City Councilor Carolyn Fish presented to the podium and asked if minor variations to these plans would be
provided —Cough responded that this is not within the scope of this project.
Chair Perkins closed the public comments.
3. Adoption of Findings & Decisions for 876 Stillwater Avenue and 12 Carroll Street
Member Boucher moved to adopt the Findings & Decision for 876 Stillwater Avenue, seconded by Member
Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed.
Vice Chair Brush moved to adopt the Findings & Decision for 12 Carroll Street, seconded by Alternate Member
King. Roll call vote conducted —all in favor, none opposed. Motion passed.
4. Update on Council Vote on Zone Change for 12 Wiley Street
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Planning Board Meeting Minutes —Tuesday, December 3, 2024
Chair Perkins updated the Board that their decision on the zone change application for 12 Wiley Street was
overturned by City Council, and recommended continuing discussion on this at the end of tonight's meeting.
Member Jonas moved to continue this discussion at the end of tonight's meeting, seconded by Alternate
Member King. All in favor, none opposed. Motion passed.
NEW BUSINESS
LAND DEVELOPMENT CODE AMENDMENTS
5. Zone Chanqe — 34 Birch Street— Map-Lot 055-097 - Urban Residence 1 District (URD-1)
to Urban Residence 2 District (URD-2) - To amend the Land Development Code by
changing a parcel of land, located at 34 Birch Street, at Map-Lot 055-097, from Urban
Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said area of land
contains approximately 0.14 acres total and is more particularly indicated on the map attached
hereto and made part hereof. Applicant/Owner: Fish Holdings, LLC.
Chair Perkins introduced the agenda item.
Jason Fish, applicant, presented to the podium and gave an overview of the application.
Chair Perkins asked the staff for comments. Planning Officer Anja Collette provided additional maps for the
Board members showing the surrounding neighborhood.
Chair Perkins opened the public comments —there were none. Public comments closed.
Chair Perkins asked the Board for any questions or comments —there were none.
Vice Chair Brush moved that the Board recommend the proposal to amend the Land Development Code by
changing a parcel of land, located at 34 Birch Street, at Map-Lot 055-097, from Urban Residence 1 District
(URD-1) to Urban Residence 2 District (URD-2) ought to pass. Seconded by Member Jonas. Roll call vote
conducted —all in favor, none opposed. Motion passed. Chair Perkins expressed concerns regarding spot
zoning but noted that his vote in favor of this amendment is primarily due to the many surrounding multi-family
properties in this neighborhood.
Applicant Fish asked staff for clarification regarding the remainder of the approval process and applying for
permits — Planning Officer Collette clarified.
6. Zone Chanqe — 74 Allen Street— Map-Lot 013-024 - Urban Residence 1 District (URD-1)
to Urban Residence 2 District (URD-2) - To amend the Land Development Code by
changing a parcel of land, located at 74 Allen Street, at Map-Lot 013-024, from Urban
Residence 1 District (URD-1) to Urban Residence 2 District (URD-2). Said area of land
contains approximately 0.13 acres total and is more particularly indicated on the map attached
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, December 3, 2024
hereto and made part hereof. Applicant/Owner: Zansa Realty, LLC.
Chair Perkins introduced the agenda item and noted that Member Jonas expressed a potential conflict of
interest due to her residing in close proximity to the subject property. Jonas noted that she does not feel
she has a conflict but wanted to notify the Board of this situation.
Member Boucher moved that the Board find that Member Jonas has a conflict of interest, seconded by
Vice Chair Brush. Roll call vote conducted — none in favor, all opposed. Motion failed.
Tom Colbath, applicant, presented to the podium and gave an overview of the application.
Chair Perkins asked the staff for comments—there were none.
Chair Perkins asked the Board for any questions or comments.
Member Boucher asked for clarification regarding whether the existing property is a single-family home,
and whether an additional unit could be considered an ADU —Applicant Colbath responded and clarified
that, because of the square footage, an additional unit would not be considered an ADU.
Chair Perkins asked about parking at the subject property—Applicant Colbath responded and clarified that
there are four parking spaces at the property, and that there is room to widen the driveway, if needed.
Chair Perkins opened the public comments —there were none. Public comments closed.
Alternate Member King asked if there had been any comments from abutters — Planning Officer Collette
responded that there had not been.
Vice Chair Brush commented that the neighborhood appears to be predominantly single-family homes.
Member Jonas noted that there may be more multi-family properties in the neighborhood than the maps
show.
City Solicitor David Szewczyk commented on the concerns of spot zoning and gave an overview of some
relevant case law. Szewczyk recommended that the Board discuss the application's relationship to the
Comprehensive Plan in their deliberations. Chair Perkins discussed his interpretation of the
Comprehensive Plan in regard to this application and clarified his concerns regarding spot zoning in this
context. Planning Officer Collette commented on density and current zoning practices. Collette also
clarified the Board's role in implementing the Comprehensive Plan and that zoning is the implementation of
the Comprehensive Plan, whether done on a case-by-case basis or on a larger scale.
Member Jonas asked Planning Officer Collette whether this proposal is aligned with the Comprehensive
Plan — Collette responded that this is up to the Board to decide. Jonas asked the applicant whether the
subject property is currently vacant—Applicant Colbath responded that the first-floor unit is currently
occupied. Jonas also asked the Board how this application differs from other similar proposals that the
Board has approved —Collette and City Solicitor Szewczyk clarified that the Board is responsible for
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday, December 3, 2024
considering each proposal on a case-by-case basis.
Member Boucher commented that he considers the allowance of ADUs when he is reviewing these types
of zone change applications —feels that, since an ADU would be allowed, any additional unit regardless of
size would not fundamentally change the neighborhood. Added that these types of applications are
challenging at present due to the City being in the process of updating the Land Use Plan.
Alternate Member King commented that the fact that no abutters have presented and stated that whether
they are not in favor of this proposal should be a point of consideration for the Board.
Member Boucher discussed considerations regarding all potential uses of the proposed new zone.
Vice Chair Brush moved that the Board recommend the proposal to amend the Land Development Code
by changing a parcel of land, located at 74 Allen Street, at Map-Lot 013-024, from Urban Residence 1
District (URD-1) to Urban Residence 2 District (URD-2) ought to pass. Seconded by Member Jonas. Roll
call vote conducted —five in favor, one (Chair Perkins) opposed. Motion passed.
OTHER BUSINESS
7. Thouqhts on Land Development Code/Land Use Plan
Chair Perkins introduced the agenda item and gave an overview of the City Council's recent comments on the
12 Wiley Street application. Member Hayes commented that realtors should be responsible for educating
buyers regarding zoning, allowed uses, etc. Member Boucher asked if information regarding the property's
zoning could be universally provided at the time of closing for property buyers in the City. Member Jonas
commented that tax records are public— Board members discussed.
Planning Officer Collette asked the Board for their vision of zoning in the urban neighborhoods. Board
members discussed at length with Collette.
Member Hayes asked for an update on the Aroma Joe's project—City Solicitor Szewczyk stated that there is
no update at present, but when there is one, it will be presented in Executive Session.
Meeting adjourned at 8:33 pm.
Respectfully submitted,
Sarah Maquillan,
Development Assistant
Planning Division
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