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HomeMy WebLinkAbout2026-02-03 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, FEBRUARY 3, 2026, 7:00 P.M. COUNCIL CHAMBERS, 1ST FLOOR OF CITY HALL 73 HARLOW STREET MEETING MINUTES Board Members Present: Chair Jonathan Boucher Vice Chair Janet Jonas Ted Brush Justin Cartier Trish Hayes Greg Hobson Ken Huhn Ross Whitford Citv Staff Present: Matt Altiero, Planning Analyst Anja Collette, Planning Officer Jefferson Davis, City Engineer Grace Innis, Assistant Solicitor Chair Boucher called the meeting to order at 7:00 P.M. OLD BUSINESS 1. Meeting Minutes — January 20, 2026 Member Huhn moved to approve the minutes of January 20, 2026, seconded by Member Brush. All voting members in favor, none opposed. Motion passed. 2. Adoption of Notice of Decision for 861 Broadway — 861 Broadway, LLC and Map-Lot R21-009 — Pushaw Road — John Karnes Vice Chair Jonas moved that the Board adopt the Notices of Decision for 861 Broadway—861 Broadway, LLC and Map-Lot R21-009 — Pushaw Road —John Karnes. Seconded by Member Brush. Roll call vote conducted — all voting members in favor, none opposed. Motion passed. NEW BUSINESS PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 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, February 3, 2026 3. Amending the Land Development Code, Section 165-139 Development Requirements to allow short-term rentals in tiny home parks and amending the Short-Term Rental Licenses Code, Section 254-4 Licensing to add a cap for short- term rentals in tiny home parks and manufactured home parks. Chair Boucher introduced the agenda item. Planning Officer Anja Collette presented to the Board and provided several reminders about maintaining clear audio at the meetings. Collette then provided an overview of the proposed amendment. Vice Chair Jonas asked about tiny home parks where some or all of the homes are privately owned. Planning Officer Collette responded that these would be treated the same way as a condominium building —there wouldn't be a cap on the number of rentals in the building/development, but there would still be a cap on the number per owner/operator. Chair Boucher opened the public comments—there were none. Public comments closed. Member Huhn moved that the Board recommend to City Council that the proposal to amend the Land Development Code by amending the Land Development Code, Section 165-139 Development Requirements to allow short-term rentals in tiny home parks and amending the Short-Term Rental Licenses Code, Section 254-4 Licensing to add a cap for short-term rentals in tiny home parks and manufactured home parks ought to pass. Seconded by Member Whitford. Roll call vote conducted — all in favor, none opposed. Motion passed. PUBLIC HEARING — LAND DEVELOPMENT PERMITS 4. Land Development Permit — Minor Site Development and Conditional Use — 57 Banqor Mall Boulevard — Map-Lot R61-015 - Land Development Permit Application — Minor Site Development and Conditional Use for the renovation of an existing 4,128sqft commercial building with a drive-through service and associated site improvements at a property located at 57 Bangor Mall Blvd, Map-Lot R61-015, in the Shopping and Personal Service and Stream Protection districts (S&PS/SP). Applicant/Owner: Jason Cole. Chair Boucher introduced the agenda item and asked the Board for any potential conflicts of interest — there were none. Member Huhn moved that the Board find that the application was deemed complete on February 3, 2026, the applicant paid all applicable fees, and the proposed project is a Minor Site Development and Conditional Use. Seconded by Member Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Applicant Representative Tanner Reif presented to the Board via Zoom and provided an overview of the application. Page 2 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February 3, 2026 Chair Boucher asked staff for any comments. Planning Officer Anja Collette provided an overview of the proposed approval conditions. Chair Boucher asked the Board for any questions or comments. Alternate Member Cartier asked about the maintenance of the private drive at the subject property — Applicant Representative Reif responded that this does not fall under the applicant's scope. City Engineer Jefferson Davis clarified that this is a private drive not maintained by the City. Cartier asked if more research could be done regarding the ownership of this drive — City Engineer Davis responded that the applicant did own part of the drive according to the site plan and that abutters further up the drive owned their respective parts of the driveway. Planning Officer Collette clarified that this cannot be considered in land development approval and that any issues customers encountered with the road would fall on the property owner. Vice Chair Jonas asked for clarification regarding trip counts for the traffic movement permit — City Engineer Davis responded and clarified. Chair Boucher asked for clarification regarding the proposed approval conditions — Planning Officer Collette responded and clarified. Vice Chair Jonas asked for additional clarification regarding the inclusion of these conditions in the review standards —Collette responded and clarified. Chair Boucher opened the public comments—there were none. Public comments closed. Member Brush moved that the Board find that, based on Exhibits 3 and 11, the applicant satisfied §165- 33.1 of the Land Development Code requirements surrounding Erosion and Sediment Control. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Jonas moved that the Board find that, based on Exhibits 2 and 7, the applicant satisfied §165- 72 of the Land Development Code requirements of required number of parking spaces for a restaurant, §165-73's requirements for parking area location and screening and §165-74's requirements of design, construction and maintenance. 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 3, 5, and 9, the applicant satisfied §165- 79 of the Land Development Code requirements for providing adequate utility services and §165-80's requirements for using public water and sewerage services when possible, and §165-83's requirements regarding providing adequate electrical service. Seconded by Member Hobson. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibits 2, 7, 17, 18, and 20, the applicant satisfied§165-81's requirements of providing adequate outdoor lighting and preventing light trespass and pollution. Seconded by Member Brush. Roll call vote begun—Vice Chair Jonas opposed and asked about the handling of this standard due to it being addressed in the approval conditions. Planning Officer Page 3� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February 3, 2026 Collette and Assistant City Solicitor Grace Innis responded and clarified. Roll call vote finalized — 5 in favor(Members Brush, Hayes, Huhn, and Hobson and Chair Boucher), 2 opposed (Vice Chair Jonas and Member Whitford). Motion passed. Vice Chair Jonas and Member Whitford clarified that their vote is due to not feeling that the standard is presently met. Chair Boucher asked for additional clarification regarding the approval condition pertaining to this standard — Collette responded and clarified. Member Hayes moved that the Board find that, based on Exhibits 3, 5, and 11, the applicant satisfied §165-84 of the Land Development Code requirements regarding providing adequate storm drainage and stormwater offset and §165-86's requirements on compliance with sewer regulations. Seconded by Vice Chair Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2, 5, 7, and 10, the applicant satisfied § 165-135 of the Land Development Code regarding impervious surface ratio and buffer yards. Seconded by Member Hobson. 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 this document, the Project meets the requirements of§ 165-101 B for uses within the Shopping and Personal Service District (S&PS). 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 Exhibit 2, the Project meets the requirements of §165-101 D(4) for drive-in businesses uses within the Shopping and Personal Service District (S&PS). Seconded by Vice Chair Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Jonas moved that the Board find that, based on Exhibits 2, 5, 7, 11, and 16, the applicant satisfied Land Development Code§165-114B's requirement that the proposed parking and loading layout are arranged in a reasonable and safe configuration and §165-114C's requirement that all proposed access drives are reasonably necessary and safe. Seconded by Member Hobson. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2, 3, and 11, the applicant satisfied Land Development Code §165-114D's requirement that the proposed development will not have unreasonable adverse effects on abutting or downstream properties or protected resources such as wetlands, lakes, streams or brooks, and that all downstream channels or municipal stormwater collection systems have adequate capacity to carry the flow without significant negative effects. 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 Exhibits 2, 7, 17, 18, and 20, the applicant satisfied Land Development Code §165-114E's requirements that all outdoor lighting shall be designed, installed and maintained to avoid unreasonable adverse effects from light pollution, with the condition that the building-mounted exterior lighting fixtures be downward facing and full cut-off in compliance with the City's Code. Seconded by Member Hobson. Roll call vote conducted — all in favor, none opposed. Motion passed. Page 4�9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February 3, 2026 Member Brush moved that the Board find that, based on Exhibits 2, 5, 7, and 10, the applicant satisfied Land Development Code §165-114F's requirements for landscaping. Seconded by Vice Chair Jonas. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Hobson moved that the Board find that, based on Exhibits 2, 3, and 11, the applicant satisfied Land Development Code §165-114H's requirements regarding preventing unreasonable adverse environmental impacts and §165-1141's regarding preventing unreasonable adverse impacts on nearby water resources. 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 Parts 1-4, the applicant satisfied Land Development Code§165-9A(1)'s requirements on not requiring a variance of development or other standards. Seconded by Member Brush. Roll call vote conducted — all in favor, none opposed. Motion passed. Vice Chair Jonas moved that the Board find that, based on Exhibits 2, 5, 11, and 16, the applicant satisfied Land Development Code §165-9A(2)'s requirements of not creating 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 the findings in Parts 1-4 of Section IV of this document, the applicant satisfied Land Development Code §165-9A(3('s requirements for providing and maintaining adequate and appropriate utilities, fire protection, drainage, parking and loading and other necessary site improvements. Seconded by Member Hobson. Roll call vote conducted—all in favor, none opposed. Motion passed. Member Hobson moved that the Board find that, based on Exhibits 2 and 5, the applicant satisfied Land Development Code §165-9A(4)'s requirements on the proposed use being appropriate for the location in which it is sought. Seconded by Member Hayes. Roll call vote conducted — all in favor, none opposed. Motion passed. Vice Chair Jonas moved that the Board find that the project meets the requirements for a Land Development Permit for a Minor Site Development and Conditional Use and therefore, the Board grants the Land Development Permit for the proposed Project with the following conditions: 1. The applicant must provide evidence of an approved Maine DOT Traffic Movement Permit prior to construction. 2. The proposed building-mounted light fixtures meet the standards in §165-81 and §165-114E. 3. That modified plans be submitted to the Planning Division within 30 days of approval that show new light poles on the subject property to illuminate the area that is currently being illuminated by poles on the adjacent property, and that show that the light fixtures will be full cut-off and downward facing in compliance with the City's Code. Page 5 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February 3, 2026 Seconded by Member Hobson. Roll call vote conducted — all in favor, none opposed. Motion passed. 5. Land Development Permit — Maior Site Development and Planned Group Development — Odlin Road — Map-Lots R10-010-A & R10-010-B - Land Development Permit Application — Major Site Development and Planned Group Development for the construction of two 250 foot by 60 foot warehouse facilities, each with 10 individual warehouse units with a single, shared driveway at a property located on Odlin Rd, Map-Lot R10-010-A & R10-010-B, in the Urban Industry District (UID). Applicant/Owner: Bernard Holdings, LLC. Chair Boucher introduced the agenda item and asked the Board for any potential conflicts of interest — there were none. Member Huhn moved that the Board find that the application was deemed complete on February 3, 2026, the applicant paid all applicable fees, and the proposed project is a Major Site Development and Planned Group Development. Seconded by Vice Chair Jonas. Roll call vote conducted — all in favor, none opposed. Motion passed. Applicant Representative Justine Drake presented to the podium and provided an overview of the application. Chair Boucher asked the Board for any questions or comments. Member Huhn asked about the proposed shared electrical service — Applicant Representative Drake responded and clarified. Vice Chair Jonas asked about the direction of drainage—Applicant Representative Drake responded and clarified. Chair Boucher asked staff for any comments. Planning Officer Anja Collette noted that the standard regarding yard space for group buildings should not be considered with this application. Vice Chair Jonas asked about the purpose of the proposed bathroom facilities—Applicant Representative Drake responded and clarified. Planning Officer Collette provided an additional clarification regarding the proposed use and discussed with Jonas. Chair Boucher opened the public comments—there were none. Public comments closed. Member Brush moved that the Board find that, based on Exhibits 2, 11, and 17, the applicant satisfied §165-33.1 of the Land Development Code regarding best management practices of Erosion and Sediment Control. 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, February 3, 2026 Member Hayes moved that the Board find that, based on Exhibit 2, the applicant satisfied §165-68 of the Land Development Code regarding minimum lot frontage. Seconded by Member Hobson. 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 §165-69 of the Land Development Code regarding the requirements for planned group developments. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Jonas moved that the Board find that, based on Exhibits 2, 5, and 15, the applicant satisfied §165-72 of the Land Development Code regarding the required number of parking spaces, §165-73's requirements regarding parking area location and screening, and §165-74's requirements regarding parking area design, construction and maintenance. Seconded by Member Hobson. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibits 2, 5, and 17,the applicant satisfied§165- 79 of the Land Development Code regarding providing the necessary utility services required, §165-80's requirements regarding providing adequate water and sewerage services, and 165-83's requirements regarding providing adequate electrical service. 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, 5, and 10, the applicant satisfied§165- 81 of the Land Development Code regarding providing adequate lighting and preventing light pollution and trespass. Seconded by Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Jonas moved that the Board find that, based on Exhibits 2, 5, and 18, the applicant satisfied §165-82's requirements regarding having adequate fire protection. Seconded by Member Hobson. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based on Exhibits 2, 5, 9, 11, and 17, the applicant satisfied §165-84 of the Land Development Code regarding adequate storm drainage and stormwater offset, §165- 85's requirements regarding anticipated type and volume of sanitary flows and §165-86's requirements regarding compliance with sewer regulations. 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 Exhibits 2 and 22, the applicant satisfied § 165- 135 of the Land Development Code regarding height limits, floor area ratio, impervious surface ratio, and buffer yards. Seconded by Member Hobson. 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 Parts 1 and 2 of this document, the Project meets the requirements of§ 165-96.C(1)for uses within the Urban Industry District Page ��9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February 3, 2026 (UID). Seconded by Member Hobson. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2 and 17, the applicant satisfied Land Development Code§165-114.B's requirement that the proposed parking and loading layout are arranged in a reasonable and safe configuration and §165-114C's requirement that all proposed access drives are reasonably necessary and safe. 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, 11, and 17, the applicant satisfied Land Development Code §165-114D's requirement that the proposed development will not have unreasonable adverse effects on abutting or downstream properties or protected resources such as wetlands, lakes, streams or brooks, and that all downstream channels or municipal stormwater collection systems have adequate capacity to carry the flow without significant negative effects. Seconded by Member Hobson. 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 10, the applicant satisfied Land Development Code §165-114E's requirements that all outdoor lighting shall be designed, installed and maintained to avoid unreasonable adverse effects from light pollution. Seconded by Vice Chair Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Jonas moved that the Board find that, based on Exhibit 2, 5, 14, and 15, the applicant satisfied Land Development Code§165-114F's requirements for landscaping. Seconded by Member Hobson. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hobson moved that the Board find that, based on Exhibit 2, the applicant satisfied Land Development Code §165-114G's requirement for the building setbacks and location to avoid unreasonable adverse effects on adjacent properties or public rights-of-way. Seconded by Member Whitford. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2, 11, and 17, the applicant satisfied Land Development Code §165-114K's requirements regarding site plans needing approval under the provisions of 38 M.R.S.A. §420-D, as amended. Seconded by Member Hobson. 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 and Planned Group Development and therefore, the Board grants the Land Development Permit for the proposed Project. Seconded by Member Brush. Roll call vote conducted —all in favor, none opposed. Motion passed. OTHER BUSINESS 6. 2022 Comprehensive Plan Implementation Update Page 8 �9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday, February 3, 2026 Planning Officer Anja Collette provided an update on the recently proposed Code amendment regarding Major Arterial definitions. Collette also provided an update on the implementation of the 2022 Comprehensive Plan. Vice Chair Jonas expressed gratitude for the formatting of the report on implementation. Chair Boucher asked about major implementation activities — Planning Officer Collette noted the upcoming Land Development Code update and that it would implement many of the Comprehensive Plan strategies. 7. Follow-Up/Thoughts on Land Use Plan Updates No discussion. Meeting adjourned at 8:12 pm. Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 9 � 9