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HomeMy WebLinkAbout2025-07-01 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, JULY 1, 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 Ted Brush Jonathan Boucher Trish Hayes Ken Huhn Janet Sanborn Jonas Citv Staff Present: Anja Collette, Planning Officer Grace Innis, Assistant Solicitor Anne Krieg, Director of Development Chair Perkins called the meeting to order at 7:00 P.M. OLD BUSINESS 1. Meeting Minutes — June 3, 2025 Member Huhn moved to approve the minutes of July 3, 2025, seconded by Member Jonas. All voting members in favor, none opposed. Motion passed. NEW BUSINESS PUBLIC HEARING — LAND DEVELOPMENT PERMITS 2. Land Development Permit — Minor Subdivision Modification and Maior SLODA Modification — 1205 Broadwav — Map-Lot 061-196 - Land Development Permit Application — Minor Subdivision Modification and Major SLODA Modification for the division of the existing lot into two separate parcels, of 5.2 and 3.1 acres each, at property located at 1205 Broadway, Map-Lot 061-196, in the Shopping & Personal Services District (S&PS). Applicant/Owner: Trott Commercial Properties, LLC. Chair Perkins introduced the agenda item and noted that the applicant has the right to postpone application review due to only six Board members being present. Applicant Agent Sean Thies, Haley 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,July i, 2025 Ward, presented to the podium and confirmed that they will move forward with application review at this meeting. Chair Perkins asked staff for clarification as to why this application is considered a minor subdivision modification — Planning Officer Anja Collette responded and clarified the difference between minor and major subdivision modifications. Member Jonas moved that the Board find that the application was deemed complete on July 1, 2025, the applicant paid all applicable fees, the proposed project is a Minor Subdivision Modification and Major SLODA Modification, and the plat was reviewed by the Engineering Department and a written report was received from the City Engineer on June 24, 2025. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Applicant Agent Thies presented to the podium and provided an overview of the application. Chair Perkins asked staff for any comments — Planning Officer Collette pointed out the recommended approval conditions. Applicant Agent Thies asked for clarification regarding recording the recommended easement—Collette responded and clarified. Chair Perkins opened the public comments —there were none. Public comments closed. City Engineer Jefferson Davis presented to the Board via Zoom and noted that the Engineering Department will work on the stormwater easement language with the applicant, and will handle recording it at the Registry. Member Huhn moved that the Board find that, based on Exhibits 2, 5, 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 Brush. 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 Project satisfies the requirements of Land Development Code §165-126F(2-5) regarding conformance to required lot dimensions and area, one side of every lot abutting an existing improved public street, side lot lines being at right angles to straight street lines, and corner lots having adequate width to permit required building setbacks from both streets. 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 Exhibit 2, 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 Member Hayes. 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 Part 1 of Section IV of this document, as well as Exhibits 2, 5, and 10, the Project satisfies the requirements of Land Development Page 2 � 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i, 2025 Code §165-114A regarding subdivisions. 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, 5, and 8-11, the Project satisfies the requirements of Land Development Code §165-114J regarding meeting the provisions of 38 M.R.S.A. § 484 and Department of Environmental Protection regulations, Chapters 371-373, 375-377, and 500. Seconded by Member Jonas. 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 Minor Subdivision Modification and Major SLODA Modification, and therefore, the Board grants the Land Development Permit for the proposed Project, with the condition that the stormwater utility easement to the City be finalized with the City and recorded at the Registry of Deeds within 90 days of Planning Board approval. Seconded by Member Jonas. Roll call vote conducted — all in favor, none opposed. Motion passed. 3. Land Development Permit— Minor Site Development, Minor Subdivision, and Conditional Use— 200 & 210 State Street— Map-Lots 048-256-A and 048-256 - Land Development Perm it Application — Minor Site Development, Minor Subdivision, and Conditional Use for the addition of residential units and reconfiguration of parking at property located at 200 & 210 State Street, Map-Lots 048-256-A and 048-256, in the Urban Service District (USD). Applicant: Brett Soucy. Owner: Bernard Miller. Chair Perkins introduced the agenda item and noted that the applicant has the right to postpone application review due to only six Board members being present. Applicant Agent Jon Stewart, Plisga & Day, presented to the podium and confirmed that they will move forward with application review at this meeting. Member Jonas moved that the Board find that the application was deemed complete on July 1, 2025, the applicant paid all applicable fees, the proposed project is a Major Site Development, Minor Subdivision, and Conditional Use, and the plat was reviewed by the Engineering Department and a written report was received from the City Engineer on June 24, 2025. Seconded by Vice Chair Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Applicant Agent Stewart presented to the podium and provided an overview of the application. Chair Perkins asked staff for any comments — Planning Officer Collette pointed out the recommended approval conditions. 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. Page 3� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i, 2025 Member Brush moved that the Board find that, based on Exhibit 2, the applicant satisfied Land Development Code §165-72 requiring adequate parking spaces and a minimum of 1 handicapped accessible space. 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 Exhibits 2 and 5, 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. Chair Perkins asked about the choice to use propane vs. natural gas —Applicant Agent Stewart responded and clarified. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2, 5, and 20, the applicant satisfied the Land Development Code § 165-82 requiring adequate fire protection. Seconded by Member Huhn. 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 the Land Development Code §165-83 requiring adequate electrical services. 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 10 and 19, 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 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 Part 1 of Section IV of this document, as well as Exhibits 2 and 5, the Project meets the requirements of § 165-92B for uses within the Urban Service District (USD). Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibits 2 and 5, the applicant satisfied the use conditions for a mixed residential and commercial use, including lot area requirements for residential units, impervious surface limit, and affordable housing density bonus applicability. 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 Part 2 of Section IV of this document, as well as Exhibits 2 and 5, the Project satisfies the requirements of a minor subdivision, including compliance with State statute 30-A M.R.S.A. § 4404, conformance to existing zoning regulations, and the inclusion in the subdivision plat of the information required in §165-126D of the Land Development Code where applicable. Seconded by Member Brush. 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 Part 3 of Section IV of this document, the applicant satisfied the requirements of Land Development Code §165-114.A, regarding Page 4� 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i, 2025 compliance with 30-A M.R.S.A. § 4404. 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 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. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibit 2, 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 Brush moved that the Board find that, based on the findings made in Part 2 of Section IV of this document, as well as based on review of Exhibit 2, the project meets the standards and use conditions of the district in which the property in question is located, the Urban Service District (USD), 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 Huhn moved that the Board find that, based on Exhibits 5 and 8, the project will not create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets. 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 findings made in Part 1 of Section IV of this document, as well as Exhibits 2, 5, 19, and 20, that 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 Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Boucher moved that the Board find that, based on Exhibit 5, 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 Member Jonas. 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 Major Site Development, Minor Subdivision, and Conditional Use, and therefore grants the Land Development Permit for the proposed Project with the following conditions: • That an affordable housing agreement is executed with the City according to the requirements of Article XXI of the Land Development Code, and that the agreement is recorded at the Registry of Deeds prior to issuance of a Certificate of Occupancy, Page 5 � 6 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i, 2025 • That a deed to combine Map-Lots 048-256 and 048-256-A be recorded at the Registry prior to issuance of a building permit, and • That the water line to the primary building on Map-Lot 048-256 be upsized in accordance with Bangor Water District standards and subject to Water District approval prior to issuance of a Certificate of Occupancy. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 4. Follow Up on Thoughts on Land Development Code/Land Use Plan Chair Perkins noted that the technical report on the Land Development Code updates will be forthcoming in the next month or so. Planning Officer Collette provided additional details regarding the timeline. Chair Perkins commented on a particular section of the existing Code that Board members have had difficulty interpreting. Discussed with Planning Officer Collette. Member Jonas commented that it is difficult to find the dimensional tables in the current digital Code. Planning Officer Collette responded that this will likely be addressed during the update process. Discussed with Jonas and Chair Perkins. Member Jonas expressed appreciation for City staff. Meeting adjourned at 7:53 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 6 � 6