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HomeMy WebLinkAbout2009-12-15 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF DECEMBER 15, 2009 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes Paul Bolin, Alternate Member Doug Damon John Miller Nathaniel Rosenblatt Andy Sturgeon Miles Theeman City Staff Present: David Gould Bud Knickerbocker Peter Witham Chairman Brown called the meeting to order at 7:00 p.m. NEW BUSINESS Item No. 1: Final Subdivision Plan Revision approval to add a third lot to an approved two-lot cluster subdivision plan located at 1331 Essex Street in a Rural Residence and Agricultural District. Jean Strom Benson and John Andrew Benson, applicants. Mr. Dick Day with Plisga & Day represented the applicants. Mr. Day indicated that after reviewing the Staff recommendation memorandum with the applicants they concurred with the comments on the lack of perpendicular lot lines to Essex Street and the lack of 2’ contours. They requested that the Board waive the requirement for providing 2’ contours on the plan as it would be very costly to do due to the size of the parcels and to waive the requirement that lot lines be perpendicular to Essex Street. Planning Officer Gould explained that this is a request for Final Subdivision Plan approval for a revision to an approved subdivision plan which falls within the 2 Penjajawoc Marsh Overlay District. This carries with it a requirement that any subdivision which occurs within this district must be a cluster subdivision. A cluster subdivision allows one to create smaller lots but requires that one set aside 30 percent of the subdivision as permanent open space. When this was previously before the Board, the applicant set aside 30 percent of the lot area as open space by easement. Since that division occurred the owners have found another buyer for the bulk of the parcel (potentially Bangor Land Trust) which is a triangular piece which runs to the rear of the lot, thus the need to amend the approved subdivision. The additional lot meets the standards as a buildable lot. It is the intent of the applicant that the open space that was done by easement now meets the category of “open space reservation.” This allows someone to set aside open space today with the understanding that if in the future more development of the original parcel is done, that that open space would count to meet that standard. Mr. Gould indicated that lot lines in a subdivision are required to be perpendicular to the street except when existing lot lines are not and that there is a provision that 2’ contours be included on the plans. In this case, this is a very large parcel with no particular development proposed. Staff felt that it does not warrant the additional expense to go out and get additional topographic information for land that is largely going to be set aside as open space. Also, the Ordinance requires that lot lines be perpendicular to streets. Because the original lot lines of this parcel weren’t perpendicular to make them perpendicular would result in odd shaped parcels. Mr. Sturgeon suggested adding a note on the final plan to make it clear that this is an “open space reservation.” Mr. Rosenblatt felt that there should be notes on the plan indicating a waiver of the contours and lot lines and that any motion include approval of the “open space reservation.” Mr. Rosenblatt moved that the Board waive the requirement that the lot lines be perpendicular with the street, waive the requirement that the plan indicate 2’ contours, and accept the contours as shown on the plan. Mr. Sturgeon seconded the motion which passed by a vote of 7 to 0. Mr. Rosenblatt then moved that the Board grant Final Subdivision Plan revision approval for the property located at 1331 Essex Street for Jean Strom Benson and John Andrew Benson, applicants, with the condition that the plan be amended to indicate that the open space depicted on the plan is reserved for subsequent divisions so that no additional open space is required in connection with subsequent divisions. Mr. Sturgeon seconded the motion. Mr. Gould suggested that this is added to the plan and that it cite (Section 165.108.2) to give more clarity. The Board voted 7 to 0 in favor. 3 Item No. 2: Update on Special Committee on Comprehensive Planning activities. Mr. Rosenblatt discussed with the Board the activities to date of the Special Committee on Comprehensive Planning. Mr. Rosenblatt distributed and discussed an interim report of the work done by the Committee and indicated that the Committee’s goal is to generate a concise, easy to read document that will be useful in guiding decision making. Mr. Rosenblatt indicated that the Committee intends to develop policy recommendations and develop a document that will enable the Committee to solicit meaningful public comment during the first part of 2010. He noted that the draft working document will be shared with the Planning Board and City Council for comment. Chairman Brown thanked Mr. Rosenblatt and Mr. Damon for their involvement on the Committee. Mr. Theeman asked what the timetable is for creating the draft document. Mr. Rosenblatt indicated that it is the Committee’s hope to have a draft document done by the end of the summer. The deadline in the Council Order is December 31, 2010. He would expect that he would be updating the Board again in March 2010. Chairman Brown volunteered her expertise in technical writing. Mr. Gould asked the Board to keep in mind issues and challenges. The Board deals with the issues first hand and members learn what tends to work and what does not work because of their unique perspective. When the document is prepared the Board will be able to see how certain aspects work. It will be fair for the Board to challenge the new Comprehensive Plan and ask for guidance on some issues and offer suggestions as to whether or not they think a concept will work or won’t work. Other Business Mr. Gould asked the Board Members to think about potential issues and/or City concerns that they would like to bring forth as a discussion item for a January Agenda. APPROVAL OF MINUTES Item No. 3: Planning Board Approval of Minutes. Chairman Brown noted that the Minutes of the December 1, 2009 Meeting were ready for consideration. Mr. Barnes moved to approve the Minutes of the December 1, 2009 Planning Board Meeting. Mr. Theeman seconded the motion. The motion carried by a vote of 7 to 0. There being no further items for discussion, the meeting was adjourned at 7:28 p.m.