HomeMy WebLinkAbout2013-06-04 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JUNE 4, 2013
MINUTES
Board Members Present: Andy Sturgeon, Chairman
Paul Bolin
Charles Boothby
Doug Damon
John Kenney
Wayne Mallar, Alternate Member
John Miller
Julie Williams
City Staff Present: David Gould
Chairman Sturgeon called the meeting to order at 7:00 p.m.
NEW BUSINESS
Item No. 1: Final Subdivision Plan Revision approval to amend the lot lines of
Lot 13B in the Fairways Subdivision in an Urban Residence One
District. Nathaniel S. and Virginia K. Putnam and Jon and Nancy
Dawson, applicants.
Member Williams disclosed that while she has no direct financial interest in the
subdivision she is a relative of one of the applicants.
Mr. Bolin made a motion that Member Williams had a conflict due to her relationship
with the applicant. Mr. Damon seconded the motion. The Board voted 5 to 2 in favor of the
motion that Ms. Williams should be excused from voting.
Chairman Sturgeon indicated member Mallar could vote on this item in the absence of
member Williams.
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Mr. Sturgeon asked the applicant or their representative to give the Board a brief
overview of the proposal. Jonathan Pottle, Esquire, indicated he represented Nathaniel S. and
Virginia K. Putnam. The plan before the Board indicated that a portion of the formerly
retained land held by the developers was conveyed to the owners of lot 13A. These revised
plans were prepared such that it would accurately reflect that in the Registry of Deeds.
Mr. Mallar asked if the 60-foot buffer that was indicated on the plan was conveyed in
the deed. Attorney Pottle indicated it was not a restriction in the deed, but he was anticipating
that the designation on the subdivision plan would suffice. Mr. Mallar was concerned that the
people may be confused as to what the intent was and where the buffer should be located.
Chairman Sturgeon noted in his many years in survey work it seemed clear to him what the
intent was.
Planning Officer David Gould explained that the Planning Office raised the two issues of
eliminating the retained land as it had become very small and extending the buffer concept to
the area of retained land as it will no longer be designated as retained. Mr. Gould noted that
the Planning Office has had a long standing position that a developer may designate land as
retained, but that land cannot be developed as it is not a parcel within the subdivision. In the
Fairways instance the land had a significant area of freshwater wetland which rendered it not
easy to develop, so it was designated as retained. As the lots were built adjacent lot owners
had some desire for additional space so portions of the retained land were conveyed to them.
At this point the remaining land is less than 3,000 square feet. So they chose to merge it with
a lot on Silver Road.
Mr. Kenney noted that if the buffer is related to the subdivision then it would not apply
to the retained area whether it is conveyed to an abutter or not. Mr. Kenney suggested that
the note on the plan that indicated that the buffer would apply to both parcels was likely
inaccurate and it should only apply to the portion that is labeled as 13-B.
Mr. Gould indicated if the Board wanted that change they could approve the plan with a
condition and Staff would direct the applicant to amend the note on the plan and resubmit it
for the Board to sign.
Mr. Bolin moved to approve the revised Final Plan for the Fairways Subdivision Lot 13-B
and retained land with the condition that the note as to the 60-foot buffer be limited to the
land being added to lot 13 being designated as 13-B only and not the retained land being
conveyed to the abutter on Silver Road. Member Boothby seconded the motion, and the
Board voted 7 to 0 in favor.
Ms. Williams rejoined the Board.
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APPROVAL OF MINUTES
Item No. 2: Planning Board Approval of Minutes.
Chairman Sturgeon indicated that the Minutes of the May 7, 2013 Meeting were in
order. Mr. Bolin moved to approve the Minutes as written. The motion was seconded by
Member Miller. The Board voted 7 to 0 in favor.
Other Business
Planning Officer Gould noted that the Planning Consultant for the Third and Main
Project will be doing a presentation soon which the Planning Board will be invited to attend.
Planning Officer Gould noted that the plan has a wide variety of recommendations dealing with
commercial and residential development in the project area.
There being no further items for discussion, the meeting was adjourned at 7:32 p.m.