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HomeMy WebLinkAbout2025-07-15 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, JULY 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 Trish Hayes Janet Sanborn Jonas City Staff Present: Anne Krieg, Development Director Jefferson Davis, City Engineer Grace Innis, Assistant Solicitor Sarah Maquillan, Planning Assistant Chair Perkins called the meeting to order at 7:00 P.M. OLD BUSINESS 1. Meeting Minutes — July 1, 2025 (Postponed) Chair Perkins confirmed that the approval of the last meeting's minutes will be postponed to the next meeting. 2. Adoption of Findings & Decisions for 200 & 210 State Street and 1205 Broadway Member Huhn moved to adopt the Findings & Decisions for 200/210 State Street and 1205 Broadway, seconded by Member Jonas. All voting members in favor, none opposed. Motion passed. NEW BUSINESS PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 3. Zone Chanqe — 509 Kenduskeaq Avenue - Map-Lot R34-031-A - Hiqh-Densitv Residential District (HDR)/Urban Residence 1 District (URD-1) to Hiqh-Densitv Residential District (HDR) - To amend the Land Development Code by changing a portion of a parcel of land, located at 509 Kenduskeag Avenue, at Map-Lot R34-031-A, from High-Density Residential District (HDR)/Urban Residence 1 District (URD-1)to High- 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 i5, 2025 Density Residential District (HDR) for the entire lot. Said area of land contains approximately 2.08 acres total and is more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: Executive Properties, LLC. Applicant Representative Randy Bragg, Carpenter Associates, presented to the podium and provided an overview of the proposed zone change. Chair Perkins asked staff for any comments —there were none. Chair Perkins asked Board members for any questions or comments. Member Jonas asked how many dwelling units currently exist on the property—Applicant Representative Bragg confirmed that there are currently 28 units, and the applicant is proposing to increase to 30 units. Member Brush asked to confirm that the property was previous an assisted living facility—Applicant Representative Bragg confirmed that it was. Chair Perkins opened the public comments —there were none. Public comments closed. Member Brush moved that the Board recommend to City Council that the proposal to amend the Land Development Code by changing a portion of a parcel of land, located at 509 Kenduskeag Avenue, Map- Lot R34-031-A, from High-Density Residential District (HDR)/Urban Residence 1 District (URD-1) to High-Density Residential District (HDR) for the entire lot ought to pass. Seconded by Member Bazinet. Roll call vote conducted —all in favor, none opposed. Motion passed. 4. Zone Chanqe — 1017 Union Street - Map-Lot R24-017 - Government & Institutional Service District (G&ISD)to Shoppinq & Personal Service District (S&PS) -To amend the Land Development Code by changing a portion of a parcel of land, located at 1017 Union Street, at Map-Lot R24-017, from Government & Institutional Service District (G&ISD) to Shopping & Personal Service District (S&PS). Said area of land contains approximately 0.22 acres total and is more particularly indicated on the map attached hereto and made part hereof. Applicant: Nathan Woodard. Owner: Encompass Health Maine Real Estate, LLC. Applicant Nathan Woodard presented to the podium and provided an overview of the proposed zone change. Chair Perkins asked staff for any comments —there were none. Chair Perkins asked Board members for any questions or comments. Member Jonas asked about potential encroachment on wetlands when applicant paves parcel in the future —Applicant Woodard confirmed that he has been in contact with the Maine DEP regarding this. Page 2 � 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i5, 2025 Chair Perkins asked about parking setbacks for the portion of the parcel for which the applicant is proposing a zone change—Applicant Woodard responded and clarified. Perkins asked for additional clarification regarding the Board's approval of the zone change in relation to the setbacks — Development Director Anne Krieg responded and clarified. Chair Perkins opened the public comments —there were none. Public comments closed. Vice Chair Boucher moved that the Board recommend to City Council that the proposal to amend the Land Development Code by changing a parcel of land, located at 1017 Union Street, Map-Lot R24- 017, from Government& Institutional Service District(G&ISD)to Shopping & Personal Service District (S&PS) ought to pass. Seconded by Member Huhn. Roll call vote conducted — all in favor, none opposed. Motion passed. PUBLIC HEARING — LAND DEVELOPMENT PERMITS 5. Land Development Permit— Maior Site Development— 108 Odlin Road — Map-Lot 002-009 _ Land Development Permit Application — Site Development Plan for proposed expansion of existing parking lot by 41 spaces, at property located at 108 Odlin Road, Map-Lot 002-009, in the Neighborhood Service District (NSD)/Urban Residence 1 District (URD-1)/Urban Service District (USD). Applicant/Owner: Bangor Elks Lodge. Chair Perkins introduced the agenda item and asked Board members for any potential conflicts of interest —there were none. Member Jonas moved that the Board find that the application was deemed complete on July 15, 2025, the applicant paid all applicable fees, and the proposed project is a Major Site Development. Seconded by Vice Chair Boucher. Roll call vote conducted —all in favor, none opposed. Motion passed. Applicant Representative Fred Marshall, Plymouth Engineering, and Jason Worster, Bangor Elks Lodge, presented to the podium and provided an overview of the application. Chair Perkins asked staff for any comments —there were none. Chair Perkins asked Board members for any questions or comments —there were none. Chair Perkins opened the public comments. James Tinker, member of the public, presented to the podium and asked for clarification regarding the location of the proposed project. Applicant Representatives Marshall and Worster provided clarification using the hard copies of the site plans — demonstrated to Tinker in-person. Chair Perkins asked for additional clarification regarding the accuracy of the survey on the site plans — Marshall and Worster responded and clarified. Page 3� 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i5, 2025 Christina Babin, member of the public, presented to the podium and expressed concern over development projects at the Bangor Elks Lodge affecting the property value of her home. Babin also expressed concern over the impact of development projects on drainage. Chair Perkins responded to Babin's comments and provided some clarification regarding the drainage, as well as what the Board has purview over, and recommended that the applicant work with Babin on her concerns as any development projects may move forward. Jennifer Miller, member of the public, presented to the podium and expressed additional concerns regarding the use of the property, as well as echoing some of Babin's concerns. Public comments closed. Member Brush moved that the Board find that, based on Exhibits 2 and 6, 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 Huhn moved that the Board find that, based on Exhibits 2 and 9, the applicant satisfied Land Development Code§165-72 requiring adequate parking spaces including ADA-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 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 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. Vice Chair Boucher moved that the Board find that, based on Exhibits 2 and 6, 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 Brush. Roll call vote conducted—all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibit 2 and 9, the applicant satisfied Land Development Code §165-114.F's requirements for landscaping and species type. Seconded by Member Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Brush 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. Seconded by Vice Chair Boucher. Roll call vote conducted — all in favor, none opposed. Motion passed. Page 4� 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i5, 2025 6. Land Development Permit — Conditional Use — 35 Queen Citv Boulevard — Map-Lot R08-006 - Land Development Permit Application — Conditional Use for permit extension for mining activity, at property located at 35 Queen City Boulevard, Map-Lot R08-006, in the Urban Industry District (UID). Applicant/Owner: Queen City Mining, LLC. Chair Perkins introduced the agenda item and asked for any conflicts of interest—there were none. Vice Chair Boucher moved that the Board find that the application was deemed complete on July 15, 2025, the applicant paid all applicable fees, and the proposed project is a Conditional Use. Seconded by Member Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Applicant Representative Aimee Young, Plymouth Engineering, presented to the podium and provided and overview of the application. Chair Perkins asked staff for any comments —there were none. Chair Perkins asked the Board for any questions or comments. Member Brush expressed some concern regarding confirmation that the recommended approval conditions have been met—Applicant Representative Young and Development Director Anne Krieg responded and clarified. Applicant Randy Gardner, Queen City Mining, presented to the podium and provided additional clarification. Chair Perkins asked for clarification regarding the expiration of the most recent permit — Applicant Representative Young and Development Director Krieg responded and clarified. Perkins asked whether the board should backdate their approval to the permit's expiration date—Krieg and Assistant Solicitor Grace Innis confirmed this. Chair Perkins also asked about wetlands mitigation — City Engineer Jefferson Davis responded that the Maine DEP is monitoring this. Perkins expressed concern that no confirmation of this was provided to the Board — Davis responded that the Board could condition approval on receipt of a confirmation from Maine DEP that said monitoring is occurring. Perkins expressed additional concern regarding the timeline for excavation and wetlands mitigation — Applicant Gardner responded and clarified. Perkins echoed his concerns and asked the applicant for a reasonable deadline by which the mitigation could be completed — Gardner responded that this is somewhat unpredictable. Discussed at length with Perkins. Davis recommended requesting an updated letter from the soil consultant. Perkins suggested an approval condition that the City receive an updated letter from the soil consultant regarding the progress of wetlands mitigation, and that this be readdressed at the time of the next permit renewal in three years. Member Jonas provided an additional suggestion that the consultant's letter be provided to the Maine DEP for comment. Chair Perkins opened the public comments —there were none. Public comments closed. Page 5 � 7 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i5, 2025 Member Huhn moved that the Board find that, based on Exhibits 2, 8, 11, and 12, the applicant satisfied Land Development Code §165-32.A's requirement that the use is not seriously detrimental to the neighborhood and 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. Vice Chair Boucher moved that the Board find that, based on Exhibit 2 and 11, 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, with the condition that the applicant remedy the current encroachment into the setback adjacent to the Bangor Water District property at Map-Lot R08-006-B within 60 days of Planning Board approval. 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 Exhibits 2, 8, 11, and 12, 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 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 12, the applicant satisfied the Land Development Code §165-84 requiring adequate provisions for surface water and storm drainage. 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 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 Huhn moved that the Board find that, 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 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 12, 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. Vice Chair Boucher 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 Page 6 � � City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,July i5, 2025 that would impede the granting of the permit. 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 12, 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. Member Brush moved that the Board find that, based on Exhibits 2, 9, and 12, 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 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 4, 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, with the conditions that the applicant provide a document within 60 days of this meeting confirming both the progress of wetland mitigation and that it will be completed within three years, and that this permit will be dated as of the expiration date of the most recent permit. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed. OTHER BUSINESS 7. Follow Up on Thoughts on Land Development Code/Land Use Plan Chair Perkins confirmed that the Board has received a technical report on the Land Development Code/Land Use Plan updates. Development Director Anne Krieg and City Engineer Jefferson Davis provided an update regarding the move back to City Hall. Meeting adjourned at 8:22 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 7� 7