The URL can be used to link to this page

Home My WebLink About2024-12-17 Planning Board Minutes �� ; � . ��i; � �; �� '� � �'�a"�Q��'� � ;� r� .. �a :� o ��V.EL,��E1`�T . � CITY �� BANGCaR. PT.,hNtluI1�IC DIVIS[C�V�I PLANNING BOARD TUESDAY, DECEMBER 17, 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 Citv Staff Present: Anja Collette, Planning Officer Grace Innis, Assistant City Solicitor Brian Scannell, Planning Analyst Chair Perkins called the meeting to order at 7:00 P.M. CHAIR INTRODUCTION Chair Perkins made his introduction. Offered to all applicants that they could choose to postpone application review due to their only being five Board members present. OLD BUSINESS 1. Meeting Minutes — December 3, 2024 Member Jonas moved to approve the minutes of December 3, 2024, seconded by Vice Chair Brush. Roll call vote conducted —all voting members in favor, none opposed. Motion passed. 2. Update on Council Vote on Zone Changes for 34 Birch Street and 74 Allen Street Chair Perkins confirmed that City Council approved both zone changes. NEW BUSINESS LAND DEVELOPMENT PERMITS 3. Land Development Permit — Minor Site Development — 308 Godfrev Boulevard - Map-Lot 001-001-C - Land Development Permit Application - Site Development Plan for modifications and upgrades to equipment at existing T-Mobile cell site, as well as approval of the existing 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, December i�, 2024 cell site on top of the Bangor Aviator Hotel (or Sheraton Four Points), at property located at 308 Godfrey Boulevard, Map-Lot 001-001-C, in the Airport Development District (ADD). Agent/Applicant: Adam Wolfrey on behalf of T-Mobile LLC. Owner: City of Bangor. Chair Perkins introduced the agenda item and asked for any potential conflicts of interest—there were none. Member Boucher moved that the Board find that the application was deemed complete on December 17, 2024, the applicant paid all applicable fees, and the proposed project is a Minor Site Development. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Applicant Adam Wolfrey presented to the Board via Zoom. Confirmed that he would like to move forward with application review at this meeting and provided an overview of the application. Chair Perkins asked staff for any comments — Planning Officer Anja Collette clarified the reasons for this application needing Planning Board approval. Chair Perkins asked about the age of the building —Applicant Wolfrey responded that he was not sure. Perkins expressed some concerns regarding notes in the structural report submitted with this application and the weight of added equipment—Wolfrey responded and provided some clarification regarding the weight of the new equipment. Perkins asked staff for some additional clarification — Planning Officer Collette responded that the issue of the weight of the added equipment would likely be looked at by Code Enforcement during the permitting process; also clarified that the building is not owned by the City, but the parcel of land is. Perkins asked how the handling of any necessary structural repairs would be handled if the damage was a result of the cellular equipment—Wolfrey responded and clarified. Perkins reiterated his concerns and mentioned the possibility of adding a condition of approval that would require additional evidence of adequate load-bearing capacity on the structure. Member Boucher asked about the reason for replacing the existing equipment—Applicant Wolfrey responded and clarified. Chair Perkins opened the public comments —there were none. Public comments closed. Member Jonas moved that the Board find that, based on Exhibit 6, the applicant satisfied Land Development Code §165-58 requiring compliance with federal aviation regulations. 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 6, the applicant satisfied Land Development Code §165-80.1A3, regarding consistency with applicable FCC regulations. 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 6, the applicant satisfied Land Development Code §165-80.1 C4, regarding written approval by applicable state and federal agencies. Seconded by Member Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 2 � 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December i�, 2024 Member Hayes moved that the Board find that, based on Exhibits 2, 5, and 6, the applicant satisfied Land Development Code §165-80.1 G-H, regarding setbacks from property lines and height of the equipment. 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 5, the applicant satisfied §165-135 of the Land Development Code regarding height limits and rooftop mechanical equipment. 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 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§165-95B for a permitted use within the Airport Development District. 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, the applicant satisfied Land Development Code §165-114.G's requirements for location and setbacks. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Perkins clarified the Board's need to consider the structural implications in issuing a decision on this application — Planning Officer Collette responded and clarified that it is not a consideration in this case. Vice Chair Brush moved that the Board find that the project meets the requirements for a Land Development Permit for a Minor Site Development, and therefore grants the Land Development Permit for the proposed Project. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. 4. Land Development Permit — Site Development — 57 Birchwood Avenue — Map-Lot R14- 187 - Land Development Permit Application — Minor Subdivision Modification for amendment of Pinewood subdivision plan to include a temporary construction easement and permanent utility easement to facilitate new building for Penobscot Christian School on adjacent parcel at 1423 Ohio Street. The property being amended is located at 57 Birchwood Avenue, Map-Lot R14-187, in Urban Residence 1 District (URD-1). Agent: Haley Ward c/o Chip Haskell. Applicant: Penobscot Christian School Association, c/o Alison Hamilton. Owner: Noah L. Varisco. Chair Perkins introduced the agenda item and asked for any potential conflicts of interest—there were none. Member Jonas moved that the Board find that the application was deemed complete on December 17, 2024, the applicant paid all applicable fees, the proposed project is a Minor Subdivision Modification for the modification of a subdivision plan, and the plat was reviewed by the Engineering Department and a written report was received from the City Engineer on December 10, 2024. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Applicant agent Chip Haskell, Haley Ward, presented to the podium. Confirmed that he would like to move forward with application review at this meeting and provided an overview of the application. Page 3� 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December i�, 2024 Chair Perkins asked the staff for any comments —there were none. Chair Perkins asked the Board for any questions or comments. Member Jonas asked for clarification regarding if and when the property conveys to a new owner— Haskell responded and clarified that any utility repairs would be the responsibility of the user. Chair Perkins opened the public comments. Member of the public, David Bragg, presented to the podium and asked about any aesthetic changes to the vegetation at the property. Haskell responded and clarified. Member of the public, Sharon Bragg, presented to the podium and expressed some concerns regarding the visual appearance of any construction, and asked if there would be a fence or other visual barrier. Haskell responded and clarified the buffer and screening requirements for the project. Chair Perkins closed the public comments. Vice Chair Brush moved that the Board find that based on Exhibit 2, the Project meets the requirements of Land Development Code §165-126F1, regarding compliance with State of Maine guidelines for subdivision approval contained in 30-A M.R.S.A. §4404. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Boucher moved that the Board find that based on Exhibit 2, the Project meets the requirements of Land Development Code §165-126F6, regarding the plat containing all information required in 165-126D(1-8). 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 the findings made in Parts 1 of Section IV of this document, as well as Exhibits 2 and 11, the Project satisfies the requirements of Land Development Code §165-114A regarding subdivisions. Seconded by Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that the project meets the requirements for a Land Development Permit for a Minor Subdivision Modification, and therefore grants the Land Development Permit for the proposed Project. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. 5. Land Development Permit — Site Development — 320 Bomarc Road — Map-Lot R38-003 - Land Development Permit Application — Site Development Plan for resubmission of previously approved application for marijuana cultivation facility at property located at 320 Bomarc Road, Map-Lot R38-003, in the Urban Industry District (UID). Agent: Plymouth Engineering, c/o Keith Ewing. Applicant: Hydrogenics Inc. Owner: Bomarc Inc. Chair Perkins introduced the agenda item and asked for any potential conflicts of interest—there were none. Page 4� 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December i�, 2024 Chair Perkins asked about the Owner-Applicant Authorization form's completeness— Planning Officer Collette responded and clarified. Perkins asked that receipt of a completed Owner-Applicant Authorization, prior to issuance of a building permit, be made a condition of approval. Member Boucher moved that the Board find that the application was deemed complete on December 17, 2024, with the exception that a completed Owner-Applicant Authorization form will need to be received prior to issuing a building permit, the applicant paid all applicable fees, and the proposed project is a Major Site Development. Seconded by Vice Chair Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Applicant agent Keith Ewing, Plymouth Engineering, presented to the podium. Confirmed that he would like to move forward with application review at this meeting and provided an overview of the application. Chair Perkins asked the staff for any comments — Planning Officer Collette provided clarification about why this application requires Planning Board approval. Collette also asked Ewing to confirm that the condition regarding water has been met— Ewing responded that it has and confirmed that documentation will be sent to the Planning office. Chair Perkins asked the Board for any questions or comments —there were none. Chair Perkins opened the public comments. Member of the public, Lee Stanley, presented to the podium and mentioned concerns regarding marijuana odor in the area of the subject property, and referenced requirement in the City Ordinance that odor be controlled. Member Boucher asked for clarification about when the odor is the strongest—Stanley responded and clarified. Planning Officer Collette suggested that Stanley address the issue with Code Enforcement. Simon, owner of the business at subject property, presented to the podium about nearby facilities, potential filtration methods, and suggested that any concerned neighbors come to the facility when the odor is present to alert him and see what can be done then. Public comments closed. Member Boucher moved that the Board find that, based on Exhibits 2 and 15, 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, 11, and 15, 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 Vice Chair Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 5 � 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December i�, 2024 Vice Chair Brush moved that the Board find that, based on Exhibits 2, 11 and 15, 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 Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2, 6-10, and 15 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 provides any necessary paperwork to the Bangor Water District and that a separate water line is run to the second building, along with its own backflow and meter, the water line is inspected by the Water District prior to backfilling it, and that documentation of such be submitted to the Planning office. 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 Exhibits 2, 11, and 15, the applicant satisfied the Land Development Code §165-81 requiring appropriate outdoor lighting. 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 15, the applicant satisfied the Land Development Code §165-82 requiring adequate fire protection. 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 Exhibit 2 and 15, the applicant satisfied the Land Development Code §165-83 requiring adequate electrical services. 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 15, the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. 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 Exhibits 2 and 15, the applicant satisfied the Land Development Code §165-86 requiring compliance with sewer regulations. 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 Exhibits 2, 11, and 15, 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 Jonas 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§165-96B for a permitted use within the Urban Industry District. Seconded by Member Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Page 6 � 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December i�, 2024 Member Hayes moved that the Board find that, based on Exhibits 2, 11, and 15, the applicant satisfied § 165- 96C(10) of the Land Development Code regarding requirements for marijuana uses in relation to building location, distance to other building uses, and connection to utilities. 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, 11, and 15, 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 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 15, 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 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, 11, and 15, the applicant satisfied Land Development Code §165-114.G's requirements for building location and setbacks. Seconded by Member Jonas. 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, and therefore grants the Land Development Permit for the proposed Project, with the condition noted in Section IV, Part 1, Finding #4 of this document. Seconded by Member Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 6. Follow-Up on Thouqhts on Land Development Code/Land Use Plan Chair Perkins introduced the agenda item, and Planning Officer Collette confirmed that she is preparing a memo to summarize the public feedback that has been received thus far. Chair Perkins asked Planning Officer Collette to give an overview of her recent presentation to City Council regarding zoning and non-conforming properties —Collette did so. Vice Chair Brush asked if there is any intention to eliminate the URD-1 zone — Planning Officer Collette responded that this is not likely and provided additional clarification. Chair Perkins commented on some of the changes and differences in zoning philosophy over the last thirty years —discussed with Planning Officer Collette and Board members. Member Boucher commented on different types of housing and whether there is a way to adjust allowances in certain zones to increase equity—discussed with Planning Officer Collette and Board members. Page �� 8 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, December i�, 2024 Planning Officer Collette commented that there is no evidence that having multi-family properties in a neighborhood decreases surrounding property values. Member Jonas added that she feels it is more detrimental to have vacant properties than multi-family properties in a neighborhood. Chair Perkins commented on the preservation of city character— discussed with Planning Officer Collette and Board members. Chair Perkins and Planning Officer Collette confirmed plans for the first meeting in January. Member Jonas asked if the slideshow presentations from consultants could be provided to Board members — Planning Officer Collette responded that this will be done in the future. Meeting adjourned at 8:26 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 8 � 8