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HomeMy WebLinkAbout2025-04-15 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, APRIL 15, 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 Ted Brush Ken Huhn Janet Sanborn Jonas (via Zoom) Citv Staff Present: Anja Collette, Planning Officer Jefferson Davis, City Engineer Grace Innis, Assistant Solicitor Brian Scannell, Planning Analyst Chair Perkins called the meeting to order at 7:00 P.M. OLD BUSINESS 1. Meeting Minutes — March 18, 2025 Member Huhn moved to approve the minutes of March 18, 2025, seconded by Vice Chair Boucher. Roll call vote conducted —all voting members in favor, none opposed. Motion passed. CHAIR INTRODUCTION Chair Perkins made his introduction, and noted that, as there are only six Board members in attendance, the applicants presenting at tonight's meeting have the option to postpone their application review until the next Board meeting. Charles Cole, applicant for 1593 Essex Street, presented to the podium and stated that he will proceed with application review at this meeting. Sara Caldwell, applicant representative for 915 Odlin Road, presented to the podium and stated that she will proceed with application review at this meeting. Sean Thies, applicant representative for 1105 Hammond Street, presented to the podium and stated that he will proceed with application review at this meeting. 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,April 15, 2025 NEW BUSINESS LAND DEVELOPMENT PERMITS 2. Land Development Permit — Flaq Lot — 1593 Essex Street — Map-Lot R52-002 - Land Development Permit Application — Site Development Plan for creation of a flag lot at property located at 1593 Essex Street, Map-Lot R52-002, in the Rural Residence & Agricultural District (RR&A). Owner & Applicant: Charles & Melissa Cole. Chair Perkins introduced the agenda item and asked for any potential conflicts of interest-there were none. Member Brush moved that the Board find that application was deemed complete on April 15, 2025, the applicant paid all applicable fees, the proposed project is creation of a Flag Lot, and the plat was reviewed by the Engineering Department and a written report was received from the City Engineer on April 8, 2025. Seconded by Member Bazinet. Roll call vote conducted -all in favor, none opposed. Motion passed. Applicant Charles Cole presented to the podium and gave an overview of the application. Chair Perkins asked the staff for comments - Planning Officer Anja Collette noted that there is a requested approval condition regarding the elevation of any future structure(s) on the subject property. Vice Chair Boucher asked if there is any concern regarding the existing pipeline easement on the subject property-Applicant Cole responded and clarified the terms of the easement and noted that he has been in contact with Bangor Natural Gas regarding any effects of future construction in regards to the pipeline. Chair Perkins asked if missing information for subsurface wastewater permit had been obtained - Planning Officer Collette responded and confirmed that it had. Perkins also asked if additional clarification could be added on the approval condition regarding any future construction in flood zone- Collette responded and confirmed that this could be added. Chair Perkins opened the public comments. Member of the public Andrea Oldenburg presented to the podium and expressed concern over the potential construction of multiple homes on the subject property. Applicant Melissa Cole presented to the podium and confirmed that only one single-family home is proposed for the subject property. Chair Perkins closed the public comments. Chair Perkins asked the Board for any questions or comments -there were none. Vice Chair Boucher moved that the Board find that based on Exhibit 2, the Project meets the requirements of Land Development Code §165-68B(1) and §165-68B(6), regarding minimum street frontage and minimum access strip width. Seconded by Member Huhn. Roll call vote conducted -all in favor, none opposed. Motion passed. P a g e 2�9 City of Bangor Planning Division Planning Board Meeting Minutes-Tuesday,April 15, 2025 Member Jonas moved that the Board find that based on Exhibit 2, the Project meets the requirements of Land Development Code §165-68B(3) and §165-68B(4), regarding the access strip not being used in the computation of the minimum area and dimensional requirements for the rear lot, and regarding the rear lot meeting the requirements of the district in which it lies. 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 Exhibit 2, the Project meets the requirements of Land Development Code §165-68B(5), regarding the requirement that only one tier of rear lots shall be permitted behind the tier of lots fronting on the street. Seconded by Vice Chair Boucher. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that based on Exhibit 2, the Project meets the requirements of Land Development Code §165-68B(7), regarding the requirements for lots in the Rural Residence and Agricultural District with access strips exceeding 200' in length. Seconded by Member Brush. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Brush moved that the Board find that based on Exhibit 2, the Project meets the requirements of Land Development Code §165-68B(9), regarding application plans being stamped by a professional land surveyor. 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, 9, and 10, the Project meets the requirements of Land Development Code §165-126F(1), 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 Jonas moved that the Board find that based on Exhibit 2, the Project meets the requirements of Land Development Code §165-126F(2), regarding compliance with existing zoning regulations regarding lot dimensions and areas. Seconded by Vice Chair Boucher. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that based on Exhibit 2, the Project meets the requirements of Land Development Code §165-126F(3-4), regarding the requirement for at least one side of a lot to abut a street and regarding the angle of side lot lines. Seconded by Member Bazinet. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Brush moved that the Board find that based on Exhibit 2 and 9, the Project meets the requirements of Land Development Code §165-126F(6), regarding the plat containing all information required in 165-126D(1- 8). 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 the findings made in Parts 1 and Part 2 of Section IV of this document, the Project satisfies the requirements of Land Development Code §165-114A regarding subdivisions. Seconded by Member Bazinet. Roll call vote conducted -all in favor, none opposed. Motion passed. P a g e 3�9 City of Bangor Planning Division Planning Board Meeting Minutes-Tuesday,April 15, 2025 Member Brush moved that the Board find that the project meets the requirements for a Land Development Permit for a Flag Lot, and therefore grants the Land Development Permit for the proposed Project, with the condition that if any structure is built on the lot within a flood hazard area, it will need to be constructed with the lowest floor, including the basement, at least 1 foot above the 100-year flood elevation. Seconded by Member Huhn. Roll call vote conducted -all in favor, none opposed. Motion passed. 3. Land Development Permit — Conditional Use — 915 Odlin Road — Map-Lots R10-001, 001- A, -002-A, 003, & -008-B - Land Development Permit Application — Conditional Use for extension of previously approved quarry permit, at property located at 915 Odlin Road, Map- Lot R10-001, 001-A, -002-A, 003, & -008-B, in the Urban Industry District (UID). Applicant/Owner: Eurovia Atlantic Coast, LLC. Chair Perkins introduced the agenda item and asked for any potential conflicts of interest- Member Bazinet noted that he is listed as the contact for one of the abutting properties, but noted that that property is owned by his father and clarified that he has no business interests in the application or subject property. Member Huhn moved that Member Bazinet does not have any conflict of interest, seconded by Member Brush. Assistant City Solicitor Grace Innis confirmed that she does not have any comments or concerns regarding this. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that application was deemed complete on April 15, 2025, the applicant paid all applicable fees, and the proposed project is a Conditional Use. Seconded by Member Bazinet. Roll call vote conducted - all in favor, none opposed. Motion passed. Applicant representative Sara Caldwell, Eurovia Atlantic Coast, 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. Chair Perkins asked about one of the lot lines on the site plan, and noted that the 100' setback is not noted. Applicant representative Caldwell responded that the abutting property at this lot line is also owned by the applicant, so this setback was not required to be shown. Planning Officer Collette confirmed this. Chair Perkins asked about the expiration date of the previous permit, and whether the approval of this extension should be made retroactive to the expiration date in February 2025- Planning Officer Collette responded and confirmed that this could be done. Chair Perkins opened the public comments -there were none. Public comments closed. Vice Chair Boucher moved that the Board find that, based on Exhibits 2 and 11, the applicant satisfied Land Development Code §165-32.A's requirement that the use is not seriously detrimental to the neighborhood and P a g e 4�9 City of Bangor Planning Division Planning Board Meeting Minutes-Tuesday,April 15, 2025 would not be detrimental to the adjacent waterways, and that the permit will not seriously lower air quality according to standards promulgated by the State Department of Environmental Protection, Air Quality Bureau. 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 Exhibit 2, the applicant satisfied Land Development Code §165-32.B's requirement that no excavation shall be permitted within 50 feet of a right-of-way line of an existing or approved street, or within 100 feet of a property line. Seconded by Member Brush. Roll call vote conducted -all in favor, none opposed. Motion passed. 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 Member Huhn. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2 and 11, the applicant satisfied the Land Development Code §165-84 requiring adequate provisions for surface water and storm drainage. Seconded by Member Boucher. 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 Part 1 of Section IV of this document, the Project meets the requirements of§165-96.B for a use within UID (Urban Industry District). Seconded by Member Bazinet. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Boucher moved that the Board find, subject to findings that the standards in Part 4 have been met, and based on the findings made in Part 1 of Section IV of this document, the Applicant has met the standards for a quarry in UID (Urban Industry District). Seconded by Member Huhn. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2 and 11, 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. Member Jonas moved that the Board find that, based on the findings made in Parts 1-3 of Section IV of this document, 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 Huhn. Roll call vote conducted - all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 4 and 11, the project will not create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets. Seconded by Member Brush. 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 11, the proper operation of the Page 5�9 City of Bangor Planning Division Planning Board Meeting Minutes-Tuesday,April 15, 2025 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 Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibit 2, 4, and 6, 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 intensity of site use. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that the project meets the requirements for a Land Development Permit for a Conditional use, and therefore grants the Land Development Permit for the proposed Project, retroactive to the ending date of the last permit. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. 4. Land Development Permit — Maior Site Development, Conditional Use, and SLODA Modification — 1105 Hammond Street — Map-Lot R18-008-E & -008-H - Land Development Permit Application — Major Site Development, Conditional Use, and SLODA Modification for proposed changes to the site layout, including relocation of fuel islands, parking reconfiguration, expansion of carwash drive-thru lane, and a 300sqft building addition, at property located at 1105 Hammond Street, Map-Lot R18-008-E & -008-H, in the General Commercial & Service District (GC&S). Applicant/Owner: R.H. Foster Energy, LLC. Chair Perkins introduced the agenda item and asked for any potential conflicts of interest—there were none. Member Huhn moved that the Board find that application was deemed complete on April 15, 2025, the applicant paid all applicable fees, and the proposed project is a Major Site Development, Conditional Use, and SLODA Modification. Seconded by Vice Chair Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed. Applicant representative Sean Thies, Haley Ward, presented to the podium and gave an overview of the application. Chair Perkins asked the staff for comments— Planning Officer Collette noted that there is a requested approval condition that the two subject lots be combined. Member Jonas asked about the vegetated buffer requirements for the west side of the subject property— Applicant representative Thies responded and clarified that the existing vegetated buffer would be maintained, and that if additional vegetation ended up being required, this would be done. Planning Officer Collette confirmed this. Chair Perkins asked whether there are more fuel pumps on the lot than were shown on the original approved site plan —Applicant representative Thies responded and clarified that there are only four fuel pumps on the lot, which were all shown on the original approved site plan. Perkins also asked whether the requested P a g e 6�9 City of Bangor Planning Division Planning Board Meeting Minutes-Tuesday,April 15, 2025 approval condition should have a deadline- Planning Officer Collette responded and confirmed that this is not required, but that the decision letter would note that this is requested prior to obtaining a building permit. 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. Member Huhn moved that the Board find that, based on Exhibits 2, 12, and 20, 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 Boucher. Roll call vote conducted - all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2 and 20, 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 Brush moved that the Board find that, based on Exhibits 2 and 20, 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 Huhn. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 17, and 26, 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, 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, 16, and 18, the applicant satisfied the Land Development Code §165-84 requiring provisions for surface water and storm drainage. 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 and 20, the applicant satisfied §165-135 of the Land Development Code regarding impervious surface ratio and buffer yards. Seconded by Member Huhn. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on the findings made in Parts 1 and 2 of Section IV of this document, the Project meets the requirements of§165-102.B for a use within the GC&S (General Commercial & Service District). Seconded by Member Huhn. Roll call vote conducted - all in favor, none opposed. Motion passed. P a g e 7�9 City of Bangor Planning Division Planning Board Meeting Minutes-Tuesday,April 15, 2025 Member Huhn moved that the Board find that, subject to findings that the standards in Part 5 have been met, the Applicant has met the standards for a Conditional Use (§165-9). The Board also finds, based on review of Exhibit 2 and 20, that the project meets the specific requirements in §165-102.D for a gasoline service station and drive-in business. Seconded by Vice Chair Boucher. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Jonas moved that the Board find that, based on Exhibits 2 and 20, 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 Bazinet moved that the Board find that, based on Exhibits 2, 16, and 18, 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 Boucher. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2 and 20, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping, tree preservation, and species type. 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 and 20, the applicant satisfied Land Development Code §165-114.G's requirements for building location and setbacks. Seconded by Member Bazinet. Roll call vote conducted - all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on the findings made above in this document and exhibits 2, 9-16, and 18-19, the applicant satisfied Land Development Code §165-114.J, regarding compliance with 38 M.R.S.A. § 484 and applicable Department of Environmental Protection regulations, which includes Chapters 371, 372, 373, 375, 376, 377 and 500. Seconded by Vice Chair Boucher. 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 3 and 4 of Section IV of this document, as well as based on review of Exhibit 2 and 20, 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 Brush. Roll call vote conducted -all in favor, none opposed. Motion passed. Member Bazinet moved that the Board find that, based on Exhibits 2, 8, and 20, the project will not create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets. Seconded by Member Huhn. Roll call vote conducted -all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibits 2, 8, 16, 18, 20, and 26, the proper operation of the conditional use will be ensured by providing and maintaining adequate and appropriate P a g e 8�9 City of Bangor Planning Division Planning Board Meeting Minutes-Tuesday,April 15, 2025 utilities, fire protection, drainage, parking and loading and other necessary site improvements. Seconded by Member Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibit 2 and 8, 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 intensity of site use. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. Applicant representative Thies presented to the podium to request clarification regarding the timeline for the approval condition, as building permit may not be required for the site improvement portion of the project. Chair Perkins and Planning Officer Collette agreed that it would be acceptable to require that the condition be met within 60 days of Planning Board approval. Member Jonas moved that the Board find that the project meets the requirements for a Land Development Permit for a Major Site Development, Conditional Use, and SLODA Modification, and therefore grants the Land Development Permit for the proposed Project, with the condition that Map-Lots R18-008-E & -008-H be combined within 60 days of Planning Board approval on April 15, 2025. Seconded by Member Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 5. Follow Up on Thouqhts on Land Development Code/Land Use Plan No comments from Board members or staff. Meeting adjourned at 8:09 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division P a g e 9�9