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Home My WebLink About2026-03-17 Planning Board Minutes �� : � � �� d. �� .� �� CIT� �� BANGC�R. r�.a,N�Ir�� rvrsr�� PLANNING BOARD TUESDAY, MARCH 17, 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 Trish Hayes Greg Hobson Ken Huhn Ross Whitford City 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 — March 3, 2026 Member Huhn moved to approve the minutes of March 3, 2026, seconded by Vice Chair Jonas. All voting members in favor, none opposed. Motion passed. 2. Adoption of Notice of Decision for 570 Stillwater Avenue Member Huhn moved that the Board adopt the Notice of Decision for 570 Stillwater Avenue. Seconded by Member Hobson. Roll call vote conducted — all voting members in favor, none opposed. Motion passed. NEW BUSINESS 3. Public Information Session on Changes to City's Land Development Code to Comply with State Laws Chair Boucher introduced the agenda item. Planning Officer Anja Collette reviewed a slideshow presentation outlining upcoming changes to the City's 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,March i�, 2026 Land Development Code to comply with new State laws. Chair Boucher asked if there are aspects of the State laws that the City is already in compliance with, or areas where the City is exceeding what the State is requiring — Planning Officer Collette responded and clarified. Member Huhn and Chair Boucher asked about the new training requirements for Planning Board members — Planning Officer Collette responded and discussed. Chair Boucher opened the public comments. Member of the public Jeff Gray presented to the podium and asked about the Planning Board's authority regarding the design of new structures -- Planning Officer Collette responded that the Board could recommend to Council the adoption of an ordinance regulating design and also noted that the new land development code may also include design standards for several zones. Member of the public Brian Ames presented to the podium and expressed concern regarding the State's new density requirements and less restrictive parking requirements. Ames also recommended maintaining the current setback and buffer requirements to mitigate the potential negative impacts of increased density. Planning Officer Collette responded that developers often put in more parking than what the City requires due to market demands and that other dimensional controls like setbacks, buffers, and impervious area requirements would not be changing and would be the main controls on density in the different zones. Member of the public Debra Garcia presented to the Board via Zoom and expressed opposition to the new State requirements. Garcia also questioned how much housing development is or is not needed in the area. Chair Boucher closed the public comments. PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS 4. Zone Chanqe — 26 Walter Street — Map-Lot 025-143 — Urban Service District (USD) to Urban Residence 2 District (URD-2) - To amend the Land Development Code by changing a parcel of land, located at 26 Walter Street, Map-Lot 025-143, from Urban Service District (USD) to Urban Residence 2 District (URD-2). Said area of land contains approximately 0.11 acres total and is more particularly indicated on the map attached hereto and made part hereof. Applicant/Owner: NAHA LLC. Chair Boucher introduced the agenda item. Member Huhn moved to table this item until the applicant returned to the meeting, seconded by Member Hobson. Roll call vote conducted —all in favor, none opposed. Motion passed. Applicant Gael Taty returned to the meeting via Zoom and provided an overview of the proposal. Chair Boucher asked staff for any comments — Planning Officer Anja Collette reminded Board members to P a g e 2� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March i�, 2026 assess whether this proposal aligns with the Comprehensive Plan or not. Chair Boucher asked the Board for any questions or comments. Vice Chair Jonas asked about the size of the lot being less than 5,000 square feet— Planning Officer Collette responded that there's a provision in the Code that if a lot is within a certain percentage difference from the minimum lot size, the Code Enforcement Officer can treat it as if it meets the minimum size. Chair Boucher opened the public comments —there were none. Public comments closed. Applicant Taty noted that the garage will likely need to be demolished and asked about permitting requirements —Chair Boucher responded and clarified that the Taty should discuss this with Code Enforcement. Member Huhn 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 26 Walter Street, Map-Lot 025-143, from Urban Service District(USD)to Urban Residence 2 District (URD-2)ought to pass. Seconded by Member Hobson. Roll call vote conducted —all in favor, none opposed. Motion passed. PUBLIC HEARING — LAND DEVELOPMENT PERMITS 5. Land Development Permit — Flaq Lot — 141 Kittredqe Road — Map-Lot R60-011-C - Land Development Permit Application for proposed creation of a flag lot at 141 Kittredge Road, Map- Lot R60-011-C, in the Rural Residence & Agricultural District (RR&A). Applicant/Owner: Jesse Nicholson. Chair Boucher introduced the agenda item. Applicant Jesse Nicholson presented to the podium and provided an overview of the application. Chair Boucher asked Board members for any possible conflicts of interest —there were none. Vice Chair Jonas moved that the Board find that the application was deemed complete on March 17, 2026, the applicant paid all applicable fees, the proposed project is the 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 March 10, 2026. Seconded by Member Whitford. Roll call vote conducted —all in favor, none opposed. Motion passed. Chair Boucher asked staff for any comments —there were none. Chair Boucher asked the Board for any questions or comments— there were none. Chair Boucher opened the public comments —there were none. Public comments closed. Page 3 � 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March i�, 2026 Member Brush 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 Hobson. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes 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 Member Huhn. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hobson 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 Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Brush moved that the Board find that, based on Exhibits 2 and 10, 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 Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Jonas moved that the Board find that, based on Exhibit 2, the Project meets the requirements of Land Development Code §165-68B(9), regarding flag lot plans being stamped by a professional land surveyor. 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, 4, and 10-11, 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. Member Hobson 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 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 §165-126F(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 Whitford. 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 4, the Project meets the requirements of Land Development Code §165-126F(6), regarding the plat containing all information Page 4� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March i�, 2026 required in §165-126D(1-8). 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 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 Hayes. 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 Flag Lot, and therefore grants the Land Development Permit for the proposed Project. Seconded by Member Whitford. Roll call vote conducted — all in favor, none opposed. Motion passed. 6. Land Development Permit — Major Site Development and Major Preliminary Subdivision — 2645 Broadwav — Map-Lot R11-013 - Land Development Permit Application — Major Site Development and Major Preliminary Subdivision approval for development of 26 residential rental units (13 duplex buildings) with associated parking & access drive at property located at 2645 Broadway, Map-Lot R11-013, in the Rural Residence & Agricultural District (RR&A) and Contract Shopping & Personal Services District (S&PS*). Applicant/Owner: Steel Magnolia, LLC. Chair Boucher introduced the agenda item and asked for any possible conflicts of interest — there were none. Vice Chair Jonas moved that the Board find that the application was deemed complete on March 17, 2026, the applicant paid all applicable fees, and the proposed project is a Major Site Development and Major Preliminary Subdivision. Seconded by Member Hobson. Roll call vote conducted — all in favor, none opposed. Motion passed. Applicant Representative Aimee Young, Plymouth Engineering, presented to the podium and provided an overview of the application. Chair Boucher asked staff for any comments —there were none. Chair Boucher asked the Board for any questions or comments. Vice Chair Jonas asked for clarification about USFs — City Engineer Jeff Davis responded and clarified that this stands for underdrained soil filters. Planning Officer Anja Collette provided clarification regarding one of the standards in the Findings & Decision. Chair Boucher opened the public comments —there were none. Public comments closed. Page 5� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March i�, 2026 Member Hobson moved that the Board find that, based on Exhibits 2, 10, 11, and 35, the applicant satisfied Land Development Code §165-33.1's requirements surrounding Erosion and Sediment Control. 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 applicant satisfied Land Development Code 165-65's requirements regarding yard space for group buildings. 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 Exhibit 2, the applicant satisfied Land Development Code 165-68's requirements for lot frontage. 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, the applicant satisfied Land Development Code §165-66 requiring a greater setback and a buffer yard between uses in the Shopping & Personal Service District (S&PS) and any residential district. 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 Exhibit 2, the applicant satisfied Land Development Code §165-72 regarding the required number of parking spaces, §165-73's requirements regarding parking space location and screening, and §165-74's requirements regarding parking lot design, construction, and maintenance. Seconded by Member Hayes. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Hobson moved that the Board find that, based on Exhibits 2, 10, 11, 14, 16-18, 22-25, 31, 32, 33, and 35, the applicant satisfied Land Development Code §165-79 and §165-80, requiring adequate utility service, including water, sewage disposal, electricity,fire protection, provision for stormwater runoff, and lighting. 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 and 25, the applicant satisfied the Land Development Code § 165-81 requiring appropriate lighting and prevention of light trespass, in accordance with regulations on intensity, direction, and height. 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 the Land Development Code §165-83 requiring adequate electrical services. 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, 9-10, 26, 32, 33, and 35, the applicant satisfied the Land Development Code§165-84 requiring provisions for surface water and storm drainage. Seconded by Member Hobson. Roll call vote conducted — all in favor, none opposed. Motion passed. Page 6� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March i�, 2026 Member Hobson moved that the Board find that, based on Exhibit 2, 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 Hayes. Roll call vote conducted —all in favor, none opposed. Motion passed. Vice Chair Jonas moved that the Board find that, based on Exhibits 2, 4, 7, 10-16, 24, 26, 28, 29, and 31-33, the applicant satisfied Land Development Code §165-128C(1)'s requirement that the subdivision shall meet the State of Maine guidelines for subdivision approval contained in 30-A M.R.S.A. § 4404. 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 applicant satisfied Land Development Code§165-128C(2)'s requirement that the plat shall conform to existing zoning regulations regarding lot dimensions and areas. Seconded by Member Hayes. 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 §165-128C(6)'s requirement that all proposed streets shall provide connection with existing streets, §165-128C(7)'s requirement regarding the angle of street intersections, and §165- 128C(10)'s requirements regarding street grades. 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 Land Development Code §165-128C(13)'s requirements regarding the number and spacing of access drives. Seconded by Member Hobson. Roll call vote conducted — all in favor, none opposed. Motion passed. Member Huhn moved that the Board find that, based the findings made in Subsection 1 through 4 above, the preliminary plat contains all required information in §165-128C. 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 made in Part 3 of Section IV of this document, the applicant satisfied Land Development Code §165-114A's requirement that the Project meets the subdivision criteria established under 30-A M.R.S.A. §4404, as it shall be amended, and the requirements of Article XVIII of the Land Development Code. Seconded by Vice Chair Jonas. Roll call vote conducted —all in favor, none opposed. Motion passed. Member Hayes moved that the Board find that, based on Exhibits 2 and 34, 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 from the site to any public right-of-way are reasonably necessary and safe. 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, 10-11, and 32-36, the applicant satisfied Land Development Code §165-114D's requirements regarding minimizing adverse effects from Page 7� 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March i�, 2026 stormwater runoff and ensuring adequate stormwater collection capacity. 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 and 25, the applicant satisfied Land Development Code §165-114E's requirement that the proposed outdoor lighting is designed to avoid unreasonable light pollution. Seconded by Member Huhn. 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 §165-114F's requirements for screening, landscaping, and tree preservation. Seconded by Vice Chair Jonas. 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§165-114G's requirement that the location of the buildings meet all required setbacks and are situated to avoid unreasonable adverse effects on adjacent properties or public rights-of-way. Seconded by Member Hobson. 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 32-35, the applicant satisfied Land Development Code §165-114K's requirement that the development meets the standards of 38. M.R.S.A. §420-D(1), as amended and the standards of the Department of Environmental Protection regulations, Chapters 500, 501, and 502, as they may be amended from time to time. Seconded by Member Hayes. 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 Major Preliminary Subdivision and therefore, the Board grants the Land Development Permit for the proposed Project, with the condition that the project receives final subdivision approval. Seconded by Member Hobson. Roll call vote conducted — all in favor, none opposed. Motion passed. OTHER BUSINESS 7. Follow-Up from Last Meeting Planning Officer Anja Collette discussed the role of climate change in planning. 8. Follow-Up/Thoughts on Land Use Plan Updates Planning Officer Anja Collette mentioned that staff will likely be receiving the first draft of the Land Use Plan updates soon. Meeting adjourned at 8:34 pm. Page 8 � 9 City of Bangor Planning Division Planning Board Meeting Minutes —Tuesday,March i�, 2026 Respectfully submitted, Sarah Maquillan, Development Assistant Planning Division Page 9 � 9