HomeMy WebLinkAbout2005-05-17 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MAY 17, 2005 MINUTES Board Members Present: Robert Guerette, Chairman Ryan King Nathaniel Rosenblatt David Clark Hal Wheeler Laura Mitchell City Staff Present: David Gould James Ring Lynn Johnson News Media Present: Bangor Daily News Chairman Guerette called the meeting to order at 7:00 p.m. CONSENT AGENDA As no one wished to remove the item from the Consent Agenda, Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve the Consent Agenda and Mr. Wheeler seconded the motion. The Board voted 5 in favor and 0 opposed. The item approved is as follows: Item No. 1: Site Development Plan/Site Location of Development Act Modification approval to construct an unheated metal storage building over an existing concrete pad for the parking of fueling trucks at 92 Hayes Street in an Airport Development District. Maine Army National Guard, applicant. 2 PUBLIC HEARINGS Item No. 2: Conditional Use/Site Development Plan approval for a drive-thru car wash at the existing convenience store located at 322 Stillwater Avenue in a Shopping and Personal Service District. Leadbetter Realty Trust, applicant. Chairman Guerette opened the Public Hearing and explained that applicants and proponents would speak first, followed by opponents. The public hearing would be closed and then Staff would be asked to give its Staff report. Mr. John Frawley, represented the applicant, Mr. Jeff Leadbetter, who was also present at the meeting. Mr. Frawley explained that the applicant received conditional use and site development plan approval from the Planning Board in August, 2004 for a drive-thru car wash addition at this site. Mr. Frawley noted that the reason the applicant is back before the Planning Board now is that they are proposing a slight change in the layout and the appearance in the car wash addition. Mr. Frawley indicated that all other aspects of the plans are the same, including egress, parking layout, queuing and the availability of utilities. He noted that the only question that is related to this modification is if the proposed car wash building is compatible in architectural design with the rest of the neighborhood. The original car wash addition was for a 24’ x 36’ (864 sq. ft.) building that was to be attached to the southerly side of the existing convenience store. The new design is for a free-standing, 20’ x 40’ (800 sq. ft.) structure. The new structure would be separated from the convenience store by 4 feet. Another difference includes a hip roof (where a flat roof was proposed). The existing building has a hip roof. Mr. Frawley indicated that there is a large range of architectural styles along this area of Stillwater Avenue with the Acadia Hospital complex, apartment buildings and the Northern Mattress building, and that it is hard to select a specific architectural type that is not represented along this street. Mr. Rosenblatt indicated that while the design approved last summer was compatible with the architectural designs in the area, he was not sure that the new proposal was. Mr. Frawley said that if it was only compared with the existing convenience store then that might be true but he felt that when looking at the various styles of the buildings along Stillwater Avenue, that it would not detract from the general character of the neighborhood. Mr. Clark had questions regarding the four foot space between the buildings and whether the level of noise, and the hours of operation would be the same. Mr. Frawley indicated that this is no different than the model that was previously proposed. It will generate about the same amount of noise. The 3 noise happens when the door is open at the blower stage at the end of the wash. Mr. Frawley noted that the four-foot space will be open and nothing will be stored there as it is simply intended for a drainageway. He said that he did not foresee that customers would attempt to use it as there is no parking behind the building and no need for anyone to go down that way. Mr. Wheeler asked if this is a marketed, modular type of design with the length specified being the difference. Mr. Leadbetter indicated that it is and that the buildings now come in five-foot lengths, are double paned, and insulated. No one spoke in opposition. Chairman Guerette closed the Public Hearing and asked for staff comments. Acting Planning Officer Gould explained that this application is for Conditional Use and Site Development Plan approval to construct a self-standing car wash at an existing convenience store with gas service. Mr. Gould noted that when the applicant came in with a new design, Staff looked at the standards and it was obvious to Staff that some basis or decision relative to compatibility of the architecture needed to be made by the Planning Board. Mr. Gould said that all other elements of the plan are identical to what was approved before. The question is whether or not the new design is consistent with the architectural styles in this area, as the other one was. Mr. Gould pointed out that the Board needs to look at this broadly with the number of different architectural types in this area. He indicated that the Staff felt that this is not inconsistent with what one would expect to see in the commercial area of Stillwater Avenue in the vicinity of this convenience store. Staff recommended that the Board grant Conditional Use approval as well as Site Development Plan approval. Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve the conditional use request for 322 Stillwater Avenue, Leadbetter Realty Trust, applicant. Mr. Wheeler seconded the motion. Mr. Rosenblatt indicated that he appreciated that Staff flagged this as an issue for the Board to look at again. However, he disagreed that the criterion has been met. He said that he thought that the previous plan met the standards but this one does not. The Board voted four in favor and one opposed to the motion to approve the Conditional Use at 322 Stillwater Avenue. Mr. Clark then moved to approve the Site Development Plan for 322 Stillwater Avenue. Mr. Wheeler seconded the motion. The Board voted five in favor and none opposed to the motion approving the Site Development Plan at 322 Stillwater Avenue – Leadbetter Realty Trust, applicant. 4 Item No. 3 To amend the Land Development Code by changing a parcel of land located at approximately 975 Kenduskeag Avenue from Rural Residence and Agricultural District to Low Density Residential District. Said parcel containing approximately 18.75 acres. Paige Investments, LLC, applicant. C.O. # 05-147. The Public Hearing was opened by Chairman Guerette who asked for comments from the applicant. Mr. Carl Snow, the project manager representing the applicant, explained that the zone change request before the Board is for an area approximately 18.75 acres and located on Kenduskeag Avenue. Mr. Snow indicated that their plans are three-fold with the first phase being conditioned upon the zone change. The second phase of this plan would be to subdivide the property into three lots. The third phase, after the subdivision, would be to discuss options for attached residential units somewhat similar to the Orchard Hills development on Broadway. Mr. Snow indicated that the exact type of project and how it will be laid out is still in the planning stage but it was their intent to have low-density residential uses. Mr. Snow indicated that there is a pond and a small amount of wetland. He noted that the entire parcel is 150 acres and they are only purchasing approximately 10% of it and they will have the wetland delineated by professionals. Mr. Snow indicated that the applicant wishes to keep this project environmentally correct and tastefully done with high quality. Chairman Guerette asked what types of housing that the applicant proposed. Mr. Snow indicated that they are seeking advice from the real estate community and would have a better answer in the next two to four weeks. Chairman Guerette asked if any part of this project would be called low or middle-income family housing. Mr. Snow said that the homes would be for sale at market prices and that this is not being conceived as a low-income project, as he knew it. Mr. Rosenblatt had questions regarding the pond on this property. Mr. Snow indicated that it is located along Kenduskeag Avenue with part of it being in the City’s right-of-way. He noted that it was his understanding, after a discussion with a neighboring resident, that this is a man-made pond approximately 50 to 75 years old. He noted that he would like to clean it up and make it more attractive. He noted that he asked the DEP if they would like for him to clean it up but that there are a number of DEP rules that need to be addressed. He noted that the applicant has named this project Golden Pond. 5 Mr. Bill Esty, 172 Broadway, told the Board that Bangor needs new housing and having seen Mr. Snow’s developments in the past, he felt that he would do a good job. He noted that this is a beautiful site and the community greatly needs this type of housing. Mr. Duane Williams, a realtor who lives directly across the street from the proposed development also spoke in favor. He indicated that he had spoken with Mr. Snow about the proposal and said that people are looking for decent housing in an affordable price range. He said that he felt that the applicant’s proposal is a good plan. Chairman Guerette then asked for opponents. Ms. Linda Hunter who lives adjacent to the this site told the Board that they moved there 30 years ago because it was a rural agricultural area. She said that she is very concerned about what a project of this size would do to the neighborhood. She noted that with the increase in population (from the potential number of houses/units) it could have an environmental impact with a loss of habitat for deer and turkey that depend on the pond. She noted that Kenduskeag Avenue is a narrow street and she expressed her concern about the traffic impact. She said that this project would completely change the nature of the neighborhood that they have enjoyed for many many years. Mr. William Green who lives across from the proposed development, said that the zoning in this whole area is a little spot here and a little spot there. He asked that before anything is approved that the Board look at the entire area and not just the 18 acres that the applicant is requesting to be changed. Mr. Galen Furge, of 970 Kenduskeag Avenue, told the Board that he has lived at this residence for 60 years. He noted that traffic has mushroomed year after year and that there is more traffic on Kenduskeag Avenue than on Broadway. He said that he has to wait 10 minutes now to get out of his driveway. Mr. Furge noted that the pond is right across the street from his property and that beavers put the brush around the pond. As no one else spoke in opposition, Chairman Guerette closed the Public Hearing and asked for Staff Comments. Acting Planning Officer Gould indicated that the applicant is requesting a zone change for a parcel of land containing approximately 18.75 acres from Rural Residence and Agricultural District to Low Density Residential District. He noted that this 18.75 acre parcels comes from a larger 150 acre parcel. Presently, the Rural Residence and Agricultural District requires that single-family residences be sited on a parcel containing 1.5 acres because that parcel would be served by a private well and an on-site waste disposal system. The Low Density Residential District is intended for residential use that will be serviced by public sewer and water. The minimum lot size goes 6 down to 12,000 for a single dwelling. Mr. Gould explained that the Low Density Residential District does have some other options for development such as a attached residential units on a parcel that has a minimum of 5 acres. Units while attached would all have their own outside access. Acting Planning Officer Gould indicated that the City’s Comprehensive Plan’s Land Use Concepts Map and Zoning Policy Maps indicate residential use for this area. Because this change to Low Density Residential is consistent with the City’s Comprehensive Plan, Staff recommended that the Planning Board make a positive recommendation to the City Council. Mr. Rosenblatt asked what additional approvals the applicant would need to obtain. Acting Planning Officer Gould said that it would depend on what type of development that they choose. If the applicant proposes to subdivide the parcel into 3 or 4 lots, then the applicant would be required to obtain Planning Board Approval. If the applicant proposes to build something other than single- family houses then they would need to come to the Planning Board for Conditional Use and Site Development Plan Approval and they would have to look at environmental issues, traffic, stormwater issues and meet the conditional use standards. Mr. Rosenblatt asked about environmental issues. Mr. Gould noted that the Department of Environmental Protection is the primary entity that looks to protect natural resources. Mr. Wheeler asked Mr. Gould to discuss the permitted and conditional uses in the Rural Residence and Agricultural District. Mr. Gould noted that in the Rural Residence and Agricultural District conditional uses include kennels, broadcasting towers and quarries. Mr. Wheeler noted that these types of conditional uses may not be considered as compatible with the existing residences than the one proposed. Mr. Gould added that the Rural Residence and Agricultural District isn’t just for residential use and it allows a wide variety of uses that occur out in rural areas. Mr. Clark asked if the applicant will have to come back for another zone change if they wish to develop the remaining land. Mr. Gould indicated that at this time the request before the Board is only to change 18 acres. The City’s Land Use Policy Map proposes that low density residential use be largely developed on the Kenduskeag Avenue side and that high density residential uses be developed closer to Broadway. Chairman Guerette asked for a motion. Mr. King moved to recommend approval to the City Council of the zone change request at approximately 975 Kenduskeag Avenue from Rural Residence and Agricultural District to Low 7 Density Residential District and as contained in C.O. # 05-147. Mr. Wheeler seconded the motion. The Board voted 5 in favor and 0 opposed to recommending approval of the zone change request to the City Council. Item No. 4: To amend the Land Development Code by changing parcels of land located at 927, 931, 943, 939, and 759 Broadway and a portion of 58 Hillside Avenue from High Density Residential District and Contract Government and Institutional Service District to Shopping and Personal Service District. Said parcels containing approximately 4.85 acres. Varnbro, Inc., Atlantic Investments, Inc., Broadway Dental Associates, PA., John Tozer and Laura Reidy, and Varnbro Corporation, applicants. C.O. # 05-148. It was noted that the applicants had requested that this item be withdrawn. Item No. 5: To amend the Land Development Code by changing a parcel of land located at 1017 Union Street from High Density Residential District to Shopping and Personal Service District. Said portion of a parcel containing approximately 2.7 acres. The Fore C’s LLP/Fore C’s Corporation, applicants. Chairman Guerette opened the Public Hearing and asked for comments from the applicant. Mr. Michael Clendenning, representing the applicant, The Fore C’s LLP/Fore C’s Corporation, told the Board that this is a request for a zone change for a 2-acre parcel of land on Union Street. The applicant proposes to use this area for an outdoor recreation facility for golf practice and baseball practice. Their business, Golf Country, is currently located in the Airport Mall that is located across the parking lot from this parcel. This 2.7 acre parcel is part of the larger Airport Mall parcel which is zoned Shopping and Personal Service District. Mr. Clark asked the applicant where this piece of land is located and how the applicant proposes to access it. Mr. Clendenning indicated that the property runs between the businesses along Union Street and abuts the Sunbury Village property. Mr. Clendenning said that he had talked with owner of the Airport Mall about a future right-of-way at the light that currently enters Airport Mall going around McDonald's to a new parking lot beside the Airport Mall. Dr. Rick Bruns, 371 Union Street, indicated that he has a keen interest in golf, is an avid golfer, and wished to speak in favor of this proposal. 8 As no one else spoke, Chairman Guerette closed the Public Hearing and asked for Staff comments. Mr. Gould explained that this request is for a zone change from High Density Residential District to Shopping and Personal Service District for a 2.7 acre triangular shaped parcel. This is basically an adjustment of the zone boundary as this property lies in between the juncture of High Density Residential zoning and Shopping and Personal Service zoning. This parcel is undeveloped at this time and abuts the Sunbury Retirement project. In looking at this parcel, the Staff review indicated that at one time this parcel ran all the way to Ohio Street and was later split into two pieces. The division line did not match the existing zoning at that time. The Land Use Policy Map calls for commercial zoning in this area and it would not be extending the commercial area more than was intended. This rezoning would make the entire Airport Mall lot Shopping and Personal Service District. Because it is consistent with Comprehensive Plan and that it is a small adjustment, Staff recommended that the Planning Board make a positive recommendation to the City Council. Mr. Guerette asked what the length was of the widest portion of the lot. Mr. Clendenning indicated that it was roughly 100 feet. Mr. Rosenblatt moved to recommend to the City Council approval of the proposed zone change from High Density Residential District to Shopping and Personal Service District at 1017 Union Street as indicated in C.O. # 05-149. Mr. Clark seconded the motion, which passed by a vote of 5 to 0. Item No. 6: To amend the Land Development Code by changing part of parcels of land located on Virginia Lane from General Commercial and Service District to Low Density Residential District. Said part of parcels containing approximately 3.4 acres. Hampden Home Builders, applicant. C.O. # 05-150. Chairman Guerette opened the Pubic Hearing and asked for comments from the applicant. Mr. Dick Day, representing the applicant, Hampden Home Builders, noted that both Bob and Tricia Quirk were also present to answer questions. Mr. Day indicated that the applicant had purchased additional land behind Virginia Avenue and added that land to existing approved lots in order to make them larger. Mr. Day indicated that the reason for this zone change is that at the time the applicant was before the Board for preliminary subdivision plan modification approval to the Rolling Meadows Subdivision, it was pointed out that the zoning on the rear of the lots on the westerly side of Virginia Lane was General Commercial and Service District zoning. At that time, the Planning Board suggested that the applicant rezone the rear portion of these lots in order to make them consistent with the entire Rolling Meadows Subdivision. 9 No one spoke in opposition. Chairman Guerette closed the Public Hearing and asked for staff comments. Acting Planning Officer Gould indicated that the zone change request before the Board is to rezone approximately 3.4 acres from General Commercial and Service District zoning to Low Density Residential District zoning. Mr. Gould noted that the Board is aware that this area represents the rear portion of several proposed lots in the Rolling Meadows Subdivision. At the time of preliminary plan consideration, there was discussion as to what was the best way to handle those split zoned residential lots. The Board concluded that it was in the best interest to rezone the back portion of the lots to Low Density Residential (the same zoning as on the front portion of the lots). Staff recommended that the Board make a positive recommendation to the City Council. Mr. Rosenblatt moved to recommend to the City Council that the zone change request for property on Virginia Lane as contained in C.O. #05-150 be approved. Mr. King seconded the motion. The Board voted 5 in favor and 0 opposed to recommending approval of C.O. # 05-150. Item No. 7: To amend the Land Development Code by changing parts of parcels of land located at 577 Ohio Street from Government and Institutional Service District to Urban Residence 1 District. Said parts of parcels containing approximately 10,000 square feet. Mt. Pleasant Catholic Cemetery Association, applicant. C.O. # 05-151. The Public Hearing was opened by the Chairman who asked for comments from the applicant. Mr. John Frawley, representing Mt. Pleasant Catholic Cemetery Association, spoke in favor of the proposed zone change request. Mr. Frawley explained that the property in question is a single-family, two-story house built on the property in 1945. It is surrounded by undeveloped cemetery land. At some point, the City rezoned this residential property to Government and Institutional Service District. Two years ago, the applicant purchased the property to either protect the cemetery or for use as a rental property. The applicant tried unsuccessfully to have the house moved. An analysis was done regarding the capacity of Mt. Pleasant Cemetery. There are 121.5 acres of good developable land. With cremations on the increase, they estimate that they have enough land area to last the cemetery for 300 years. Because there is not a pressing need for this property the Cemetery Association would like to recover their investment. 10 Mr. Frawley indicated that there has been an offer on the property with the condition that it be rezoned back to residential in order for the property to be properly zoned for residential use. Mr. Rosenblatt said that this is a unique circumstance and certainly an understandable request. Mr. Rosenblatt asked if there were any plans to sell further property along Ohio Street. Mr. Frawley noted that the property is owned by the Roman Catholic Diocese of Portland and so far they have been reluctant to sell any of the land. Mr. King asked if there was any buffering for this property. Mr. Frawley noted that the lot is fenced where it abuts the Cemetery. No one spoke in opposition. Chairman Guerette closed the Public Hearing and asked for comments from Staff. Mr. Gould indicated that Mt. Pleasant Cemetery Association is requesting a zone change from G & ISD to URD-1 for a 10,000 sq. ft. parcel located at 577 Ohio Street. Mr. Gould said that this appears to be an older single-family residential building surrounded by the cemetery. Because it is a residential use in the Government and Institutional Service District it is a nonconforming use in the district. This would cause the property owner a number of practical difficulties when trying to build a deck or obtaining a mortgage. Mr. Gould indicated that the zone change to URD-1 is consistent with the City’s zoning policy and the land use policy and is the appropriate zoning district for this residential use. Staff recommended a positive recommendation to the City Council. Mr. Wheeler moved that the Planning Board recommend to the City Council approval of the zone change for property owned by Mt. Pleasant Cemetery Association from G & ISD to URD-1 as contained in C.O. # 05-151. Mr. Rosenblatt seconded the motion. The Board voted 5 to 0 in favor of the motion recommending approval. Item No. 8: To amend the Land Development Code by changing a parcel of land located at 541 Maine Avenue from Government and Institutional Service District to Shopping and Personal Service District. Said parcel containing approximately one acre. City of Bangor, applicant. C.O. # 05-152 Mr. Rod McKay, Director of Economic and Community Development, represented the City on this zone change request at 541 Maine Avenue adjacent to Airport Plaza and City’s Recycling Center. This parcel will be the new home of Bangor Radiator Shop which is being relocated from the corner of Main and Cedar Streets to accommodate the construction of the new Police Station. Mr. 11 McKay said that the change from Government and Institutional Service District (G & ISD) to Shopping and Personal Service District (S & PS) is consistent with the Comprehensive Plan and with the zoning in the area and adjacent to the property. Chairman Guerette asked if this was a land swap to relocate Bangor Radiator. Mr. McKay noted that the City has entered into a Purchase and Sales with Bangor Radiator but in essence it is an exchange. No one spoke in opposition, and the Public Hearing was closed. Chairman Guerette asked for comments from Staff. Acting Planning Officer Gould indicated that this zone change request is to change a one-acre parcel of land located on Maine Avenue from Government and Institutional Service District (G & ISD) to Shopping and Personal Service District (S & PS). The request is consistent with the City’s Land Use Plan that indicates commercial use as the underlying policy. Because this request is consistent with the Comprehensive Plan, Staff recommended that the Board make a positive recommendation to the City Council. Mr. Clark moved to recommend approval of the zone change request at 541 Maine Avenue, City of Bangor, applicant from G & ISD to S & PS in accordance with C.O. # 05-152. Mr. Rosenblatt seconded the motion, which passed by a vote of 5 to 0. Item No. 9: To amend the Land Development Code by changing a parcel of land located at 258 Main Street from Contract Urban Industry District and General Commercial and Service District to Downtown Development District. Said parcel containing approximately 7,500 square feet. City of Bangor, applicant. C.O. # 04-153. Chairman Guerette opened the Public Hearing and asked for proponents. Mr. Jim Ring, City Engineer representing the applicant, explained that the City of Bangor is requesting a zone change from Contract Urban Industry District and General Commercial and Service District to Downtown Development District located at 258 Main Street. Mr. Ring explained that the City of Bangor is acquiring this parcel in conjunction with the new Police Station project. Mr. Ring indicated that this proposed change is also consistent with the zoning on adjacent parcels in the block. No one spoke in opposition to this request. Chairman Guerette closed the Public Hearing and asked for Staff comments. Mr. Gould indicated that this 12 proposal is to rezone 7,500 sq. ft. of land located at 258 Main Street from Contract Urban Industry District and General Commercial and Service District to Downtown Development District. This parcel was rezoned in 1994 to Contract Urban Industry District to accommodate an expansion of Bangor Radiator. The adjacent parcel is now the site for the new Bangor Police Station. This particular parcel is proposed for inclusion in the Police Station site. In order for the zoning to be uniform and consistent, the City is seeking to rezone the parcel to Downtown Development District. Mr. Gould indicated that DDD is consistent with the zoning in the general area and will help to facilitate the Police Station Development as is the desire of the Citizens of Bangor. Staff recommended a positive recommendation to the City Council. Mr. Rosenblatt moved to recommend to the City Council that the zone change request at 258 Main Street from Contract Urban Industry District and General Commercial and Service District as per C.O. # 05-153 be approved. Mr. Wheeler seconded the motion. The Board voted 5 in favor and 0 opposed to recommending approval of C.O. # 05-153. APPROVAL OF MINUTES Item No. 10: Planning Board Approval of Minutes, Consideration of the Minutes was deferred to the end of the meeting. NEW BUSINESS Item No. 11: Final Subdivision Plan/Site Location of Development Act approval of Phase II of the Church Woods Subdivision located off of Church Road in a Rural Residence and Agricultural District. Lavallee & Ide, Inc., applicant. Chairman Guerette asked for comments from the applicant. Mr. James Manzer of Ames A/E represented the applicant, Lavallee & Ide. Mr. Manzer explained that this project received Preliminary Subdivision Plan approval on March 1, 2005. He noted that the plan layout is essentially unchanged for the Final Plan for Phase II. Both Phase I and Phase II need to be approved under the Site Location of Development Act. Mr. Manzer noted that there was a question regarding wells and septic systems and that those issues have been addressed to the satisfaction of the Planning Staff. Mr. Rosenblatt asked what the plan was for the ownership of the open space. Mr. Manzer indicated that the applicant has decided to form a 13 homeowners association to handle this open space, in this and subsequent phases. Chairman Guerette noted that there had been some past discussions concerning the sewer and septic systems in these lots leaching into ground water. He asked Mr. Manzer to expand on this and how it will be eliminated. Mr. Manzer indicated that there is one aquifer located in the northeastern quadrant of the City of Bangor. This property is at least 4,000 feet from that aquifer and, from a scientific standpoint, he said that he did not feel that there was a danger of septic systems reaching that aquifer. Mr. Gould indicated that the applicant is requesting approval of two applications, one for Final Subdivision Plan approval of Phase II and Site Location of Development Act approval of both Phase I and Phase II of the Church Road Subdivision. Mr. Gould noted that at the time of Preliminary Subdivision Plan approval of Phase II, there was discussion regarding groundwater issues, water, and deer yards and he noted that most of these details have been addressed by the applicant. The deer wintering area is adequately protected and two buffer strips are included on two adjacent lots. The total size is 77.8 acres with 29 lots ranging in size from 1.5 acres to 4.5 acres with 8.78 acres of open space, a large part being wetland and forested wetland, deer wintering habitat, and protected area. There is a portion of wetland in the subdivision that the applicant proposes to fill and has obtained a permit for that filing. In conjunction with a requirement of the Department of Inland Fisheries and Wildlife, the applicant has made provision for the protection of the deer yard. The 2,450-foot roadway meets the City’s minimum road standards for grades, cross-sections, and stormwater details. Staff finds the details of the plan are complete and cover all the questions that were raised. The applicant has provided a solution to the ownership of the buffer through a Homeowner’s Association. If that is amenable, Staff would recommend that the Board approve with the condition that City Solicitor get a copy of the proposed homeowner's association so that the City will have that as part of this application to give guidance of ownership and protection of the deer yard. Staff also recommended that the Board also approve the final subdivision with the standard condition of approval on Phase II subject to a suitable improvement guarantee within 120 days of approval. Mr. Gould indicated that the Board needed to make two separate motions for the Final Plan approval of Phase II and the SLODA approval on both Phase I and Phase II. Chairman Guerette had a question regarding what kind of process would need to be done in order to do something creative like building a ballfield within the open space if the Homeowner’s Association decided to do so. Mr. Gould 14 indicated that if the buffers were to be amended, then the applicant would need to come back before the Board with an amended plan. Mr. Rosenblatt moved to grant Final Subdivision Plan approval of Phase II of the Church Woods Subdivision with the condition that the applicant provide to the City Solicitor a suitable improvement guarantee within 120 days of approval and that the applicant provide to the City Solicitor’s Office copies of paperwork documenting the Homeowner’s Association created for the ownership of the open space. Mr. Clark seconded the motion, which passed unanimously. Mr. Rosenblatt then moved to grant Site Location of Development Act approval for the Church Woods Subdivision Phases I and II with the condition that the applicant provide to the City Solicitor’s Office copies of paperwork documenting the Homeowner’s Association created for the ownership of the open space. Mr. King seconded the motion. The Board voted 5 in favor and 0 opposed to the motion for approval with condition. APPROVAL OF MINUTES Item No. 10: Planning Board Approval of Minutes. Chairman Guerette noted that there were three sets of Minutes that needed Planning Board approval, the regular Planning Board Meetings of April 19, 2005 and May 3, 2005 and the Planning Board Workshop meeting of March 29, 2005. Mr. Rosenblatt moved to approve all three sets of Minutes. Mr. Clark seconded the motion. The Board voted 5 in favor and 0 opposed to approving the Minutes of the April 19, 2005, May 3, 2005 and March 29, 2005 Meetings. OTHER BUSINESS The Board discussed the agenda for the next Comprehensive Plan Update Workshop on Tuesday, May 24, 2005. Mr. Gould indicated that the next topic for discussion would be the Economic Development Planning Element and that Staff would be mailing out materials to the Board prior to the meeting. As there was no further business, the meeting was adjourned at 8:55 p.m.