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
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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.
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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.