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Home My WebLink About2025-01-07 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, JANUARY 7, 2025, 7:00 P.M. PENOBSCOT ROOM, LOWER FLOOR OF PENQUIS CAP 262 HARLOW STREET MEETING MINUTES Board Members Present: Chair Reese Perkins Vice Chair Jonathan Boucher Michael Bazinet Trish Hayes Ken Huhn Janet Sanborn Jonas Jennifer King (voting due to absence of Member Brush) Citv Staff Present: Anja Collette, Planning Officer Jefferson Davis, City Engineer Grace Innis, Assistant City Solicitor Brian Scannell, Planning Analyst Meeting called to order at 7:00 P.M. ELECTION OF OFFICERS Planning Officer Anja Collette presented the agenda item and gave an overview of the election process. Alternate Member King elected Chair Perkins to remain as Chair. Roll-call vote conducted — all in favor, none opposed. Motion passed. Chair Perkins opened the election process for Vice Chair, and noted that existing Vice Chair Brush did not wish to be re-elected. Member Huhn nominated Member Boucher as Vice Chair. Chair Perkins nominated Member Jonas as Vice Chair. Roll-call vote conducted—five in favor of electing Boucher, two in favor of electing Jonas. Motion passed to elect Boucher as Vice Chair. OLD BUSINESS 1. Meeting Minutes — December 17, 2024 Member Jonas moved to approve the minutes of December 17, 2024, seconded by Member Hayes. Roll-call vote conducted —all voting members 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,January�, 2025 2. Adoption of Findings & Decisions for 308 Godfrey Boulevard, 320 Bomarc Road, and 57 Birchwood Avenue Member Jonas moved to adopt the Findings & Decision for 308 Godfrey Boulevard, 320 Bomarc Road, and 57 Birchwood Avenue, seconded by Member Hayes. Roll-call vote conducted —all voting members in favor, none opposed. Motion passed. CHAIR INTRODUCTION Chair Perkins made his introduction. NEW BUSINESS LAND DEVELOPMENT PERMITS 3. Land Development Permit — Maior Site Development — 1171 Broadwav - Map-Lot R40- 001-B - Land Development Permit Application - Major Site Development for proposed construction of new Dollar General retail store (10,640sqft, single-story) with new paved entrance, drive, & incidental parking, and utilities, at property located at 1171 Broadway, Map- Lot R40-001-B, in the General Commercial & Service District (GC&S). Applicant/Owner: Broadway Holdings LLC. Chair Perkins introduced the agenda item and asked the Board for any conflicts of interest—there were none. Vice Chair Boucher moved that the Board find that the application was deemed complete on January 7, 2025, the applicant paid all applicable fees, and the proposed project is a Major Site Development. Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Applicant agent Rayshelly Lizotte, Artifex, presented to the podium and gave an overview of the application. Chair Perkins asked the staff for any comments —there were none. Chair Perkins asked the Board for any questions or comments. Chair Perkins asked Planning Officer Collette to give an overview of recent comments from an abutter, received via email. Collette provided an overview and clarification about approval conditions that can and cannot be requested by the Board. Applicant agent Lizotte provided response to the abutter comments. City Engineer Jefferson Davis provided additional comments on the abutter's traffic concerns. Chair Perkins opened the public comments. Member of the public Jean Jenkins presented to the podium and gave an overview of her written comments, submitted earlier via email. Page 2 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,January�, 2025 Member of the public Gail Allard presented to the podium and gave additional comments reflecting concerns over traffic, particularly with regard to entering and exiting the site, noise, lighting trespass from the building (and existing buildings), and stormwater drainage in the area. Member of the public Paul Secotte presented to the podium and also expressed concerns over traffic and noise, as well as concerns over pests attracted to commercial dumpsters in the area and concerns regarding drug use in the area. Member of the public Adam Jenkins presented to the podium and reiterated Jean Jenkins' comments regarding buffering and asked for buffer subtype 2 to be required. Jenkins also asked whether the City has had any discussions about adding a traffic light in the area— City Engineer Davis responded and clarified requirements for adding traffic lights; stated that Engineering Dept. could discuss this location with MDOT. Chair Perkins closed the public comments and asked applicant agent Lizotte if she would like to respond to the comments. Lizotte presented to the podium and provided responses, including that no lights are planned on the back of the building and that the lighting that is planned meets the ordinance and is full cut-off. Additionally commented that there will be no outdoor storage or speaker and that this property is downhill from the abutters' properties, so would not affect drainage on their properties. Perkins asked for additional clarification regarding landscaped buffers— Planning Officer Collette responded and clarified. Perkins asked Lizotte if applicant would be willing to meet the requirements for a Subtype 2 vs. a Subtype 1 buffer— Lizotte responded and stated that she did not think it would be a problem. Alternate Member King asked about drip edge and elevations at rear of property—applicant agent Lizotte responded and clarified. Member Jonas asked for clarification regarding the width difference in the two types of buffers— Planning Officer Collette responded and clarified. Chair Perkins and Planning Officer Collette provided members of the public with clarification regarding what the Board does and does not have authority over in regards to this application, and also that any issues with lighting trespass from existing buildings could be directed to Code Enforcement. Perkins and Collette also provided the Board with clarification regarding additional approval condition regarding buffer type. Member Hayes moved that the Board find that, based on Exhibits 2 and 7 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, 7, and 14 the applicant satisfied Land Development Code §165-66 requiring transitional yard for the rear lot line of a lot in the General Commercial and Service District (GC & S) which abuts any residential district. Seconded by Vice Chair Boucher. Roll-call vote conducted —all in favor, none opposed. Motion passed. Page 3� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,January�, 2025 Vice Chair Boucher moved that the Board find that, based on Exhibits 2, 4, 7, and 14 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. Member Hayes moved that the Board find that, based on Exhibits 2, 4 and 14, the applicant satisfied Land Development Code §165-76 requiring loading space, §165-77 regarding the loading space size, and §165-78 regarding general loading space requirements. 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 9 the applicant satisfied Land Development Code §165-79 & 80, requiring adequate connection to necessary utilities, including public water and sewer when possible, with the condition that the applicant sends the fixture count form to Bangor Water District and work with them as necessary on sizing the line and meter for the building. 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 Exhibits 2, 4, and 14 the applicant satisfied the Land Development Code §165-81 requiring appropriate outdoor lighting. Seconded by Vice Chair Boucher. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2 and 14 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. Vice Chair Boucher moved that the Board find that, based on Exhibit 2 and 10 the applicant satisfied the Land Development Code §165-83 requiring adequate electrical services. Seconded by Member Huhn. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2, 4, 8, and 10 the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based Exhibits 2, 4, and 10 the applicant satisfied the Land Development Code §165-85 and §165-86 requiring submitting information of anticipated sanitary flow 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 Exhibits 2, 4, 7, and 14 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 Vice Chair Boucher. Roll-call vote conducted —all in favor, none opposed. Motion passed. Page 4�9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,January�, 2025 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 the Project meets the requirements of§165-102B for a permitted use within the GC&S (General Commercial and Service District). 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, 7, and 10 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 Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibits 2, 4, 7, 8, and 10 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 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 Exhibits 2, 4, and 14 the applicant satisfied Land Development Code §165-114.E's requirements for outdoor lighting. Seconded by Vice Chair Boucher. Roll-call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibits 2, 4, and 14 the applicant satisfied Land Development Code §165-114.F's requirements for landscaping, tree preservation, and species type with the condition that the applicant amends the plans to include a Bufferyard Type B, Subtype 2 on the rear yard line. Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2, 7, and 14 the applicant satisfied Land Development Code §165-114.G's requirements for building location and setbacks. Seconded by Member Huhn. Roll-call vote conducted — all in favor, none opposed. Motion passed. Vice Chair 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 the applicant sends the fixture count form to Bangor Water District and work with them as necessary on sizing the line and meter for the building, and that the rear setback distance be corrected to 25' on the plans. Seconded by Member Jonas. Roll-call vote conducted —all in favor, none opposed. Motion passed. 4. Land Development Permit— Maior Site Development & Conditional Use — 36 Pleasant Street - Map-Lot 043-028 - Land Development Permit Application — Major Site Development and Conditional Use for construction of a 47,600sqft office building expansion with a 13-space parking lot and associated site improvements, at property located at 36 Pleasant Street, Map- Lot 043-028, in the Waterfront Development District (WDD). Applicant/Owner: Bangor Savings Bank. Page 5 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,January�, 2025 Chair Perkins introduced the agenda item and asked for any conflicts of interest—there were none. Member Jonas moved that the Board find that the application was deemed complete on January 7, 2025, the applicant paid all applicable fees, and the proposed project is a Major Site Development & Conditional Use. Seconded by Member Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed. Applicant agent David Latulippe presented to the podium and gave an overview of the application. Chair Perkins asked staff for any comments — Planning Officer Collette provided clarification regarding the approval conditions. Chair Perkins asked the Board for any questions or comments. Member Jonas asked for the current height of the building —applicant agent Latulippe and applicant agent Dan Miller, TAC Architectural Group, stated it was roughly 50-55 feet. Jonas asked for clarification regarding the separation of wastewater and stormwater— Latulippe responded and clarified. Chair Perkins asked for clarification regarding the need for conditional use for this application — Planning Officer Collette and applicant agent Latulippe responded and clarified, including the fact that the proposed building was over 65' in height, triggering the conditional use requirement. Chair Perkins opened the public comments —there were none. Public comments closed. Member Huhn moved that the Board find that, based on Exhibits 2 and 7 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 Jonas moved that the Board find that, based on Exhibits 2, 7, 19, 27, and 39 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. Member Bazinet moved that the Board find that, based on Exhibits 2, 7, 27, and 39 the applicant satisfied Land Development Code §165-76 requiring loading space, §165-77 regarding the loading space size, and §165-78 regarding general loading space requirements. 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 Exhibits 2, 7, 21, 32, and 33 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 Huhn. Roll-call vote conducted — all in favor, none opposed. Motion passed. Page 6 � 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,January�, 2025 Member Hayes moved that the Board find that, based on Exhibits 2, 7, 27, and 39 the applicant satisfied the Land Development Code §165-81 requiring appropriate outdoor lighting. Seconded by Vice Chair Boucher. Roll-call vote conducted —all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 7, 16 the applicant satisfied the Land Development Code §165-82 requiring adequate fire protection. Seconded by Vice Chair Boucher. Roll-call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibit 2, 7, and 39 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 Jonas moved that the Board find that, based on Exhibits 2, 12-14, 19, 24, and 25 the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. Seconded by Member Hayes. Roll-call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based Exhibits 2, 7, 19, and 33 the applicant satisfied the Land Development Code §165-86 requiring compliance with sewer regulations. Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Alternate Member King moved that the Board find that, based on Exhibits 2, 9, 19, and 39 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 Member Jonas. Roll-call vote conducted — all in favor, none opposed. Motion passed. Member Huhn 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 the Project meets the requirements of§165-94B for a conditional use within the WDD (Waterfront Development District). Subject to findings that the standards in Part 5 have been met, the Board finds that the Applicant has met the standards for a Conditional Use. The Board also finds, based on review of Exhibit 2 and 13, that the project meets the specific requirements for business or professional office building, in excess of 65 feet. Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibits 2, 7, 17, 27 and 39 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, 7, 12-14, 24, and 25 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 Jonas. Roll-call vote conducted —all in favor, none opposed. Motion Page ��9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,January�, 2025 passed. Member Jonas moved that the Board find that, based on Exhibits 2, 7, and 39 the applicant satisfied Land Development Code §165-114.E's requirements for outdoor lighting. 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, 7, and 39, 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 Huhn moved that the Board find that, based on the findings made in Parts 3 and 4 of Section IV of this document, as well as based on review of Exhibit 2 and 39, the project meets the standards and use conditions of the district in which the property in question is located and that there are not any variance requirements or other standards that would impede the granting of the permit. Seconded by Member Bazinet. Roll-call vote conducted —all in favor, none opposed. Motion passed. Alternate Member King moved that the Board find that, based on Exhibits 2, 7, 17, and 19, the project will not create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets. Seconded by Vice Chair Boucher. Roll-call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibits 2, 7, 16, 17, 32, 33, and 39, 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 necessary site improvements. 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 Exhibit 2, 9, 10, and 22, 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 Alternate Member King. Roll-call vote conducted —all in favor, none opposed. Motion passed. Alternate Member King moved that the Board find that the project meets the requirements for a Land Development Permit for a Major Site Development and Conditional Use, and therefore grants the Land Development Permit for the proposed Project, with the condition that the lots be combined as shown on Sheet C-101 in the plans and the additional condition that the applicant record an easement from the City and approved by the City for the work in the City's right-of-way; and that once recorded, the deed reference be added on the plans and submitted to the Planning Office within 30 days of Planning Board approval. Seconded by Vice Chair Boucher. Roll-call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 5. Annual Traininq, Part 1 - Planninq Page 8 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,January�, 2025 Planning Officer Collette presented the Board's annual Planning training. Chair Perkins and Member Bazinet asked for additional clarification regarding approval conditions and voting on standards vs. decisions — Planning Officer Collette responded and clarified. Board members discussed. 6. Follow Up on Thoughts on Land Development Code/Land Use Plan Planning Officer Collette presented the agenda item. Chair Perkins clarified that there will be opportunity for this to be discussed at future meetings, as well. Chair Perkins also mentioned to the Board to consider whether they would like to change their meeting time in the future time. Meeting adjourned at 9:06 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 9 � 9