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HomeMy WebLinkAbout1989-06-26 89-299 ORDERo>undl aarnon Dam June 20 1989 Item No. 89-299 Itm/Subjem: Approving Final Plot—Hillbrook Subdivision parpomiblo Verrho t: Planning Division Commmdry: The Planning Board at its meeting of June 19, 1989, held a public hearing on the above final subdivision plan. Dr, Frederick Oldenburg, owner of the property, spoke in favor of the proposed subdivision. John Merrill, Outer Essex Street, spoke in opposition. Be asked the Board to continue this item to allow him more time to review this with DEP officials. Mrs. Marie Aresunault, 1673 Essex Street, told the Board that she was conaereed that this project would have an adverse affect upon her property values. The Board voted 5 to 0 in favor of a motion to approve the final subdivision plan as-submitted. rHTe and Manapol Commend: p ^ p U.�+,a„e-c oJ 'se -AS. rr,o..Y�^�a-<✓� Associated Information: Sudpt Apposed: £Leve Dura" Lepel Amoral; Introduced For ®Fadap . ❑First Heading Par _of_ Referral 89-299 Aesgucdio CouncOor England, June 26, 1989 CITY OF BANGOR (TITLE.) Mrbgrr ..........._. Appcne" Final flat - 8allb ook Subdivision ...... By the City CaummU of Bu City of Bangor ORDERED.. TUT the final subdivision plan for Millbrook Subdivision being located on Outer Essex Street and consisting of 20 Into, having been reviewed. by the Planning Hoard and found to be in general conformance with Local subdivision laws and State of Maine Statutes, Title 3e, Section 4956, be approved, aublect to meeting the requirement for the provision of improvement guarantees in accordance with the provisions of Chapter X1I, Article 8, of the Laws and ordinances of the City of Burger. 89-299 -IN CITY WMCIL O R D E R June 26, 1989 Passed 'Title, Approving Final Plat - tlillbxaok Subd' CI CLBRR...................................... .............. 4............................ - �yo ` d Councilman I 89-299 rl<' Y r Y CITY OF BANGOR APPLICATION FOR FINAL FLAT APPROVAL NAME OF SUBO 89-299 NAME OF APPLICANT: RILLBROOR PARTNERS 2487 Ohio Street Bangor , Ne. 207-947-TI54 Address Telephone NAME OF OWNERIFDIFFERENT THAN DATE OF PRELIMINARY PLAN APPROVAL: 16A" NAME OF ENGINEER OR LAND SURVEYOR PREPARI RG PLAN: Stan Plvnva GENERAL INFORMATION: fY TOTAL ACREAGE: 1L.5 NUMBER OF LOTS OR LIST ANY MAJOR CHANGES TO THIS PLAT SINCE IT RECEIVED PRELIMI MARY TYPE OF SUBDIVISION: MINOR: MAJOR: DEVELOPMENTAL: Signe[ore o App (i As ZONE: In in accordance with Chapter XII, Article 6, Section 1.3 of the Subdivision Ordinance the following processing fees will be charged: Minor Subdivision (fewer than 5 lots and no public sewer and no public street construction( . . . . . . . . . . . $40.00 1. Maior Subdivision IS lots or More or public -sewer or public street construction 1',-$50:00 plus $10.00 per lot over 4 — -- lots and $S.'010, pei lot over 9 lots. Advertising Pee for any public hearing for subdivision approval $45,00 89-299 item Nm. 2i Final Plan approval Outer Essex Street - Millbrook Partners A. applicant requests sinal plan approval for a 20 lot cubdivi- n located on Outer Essex Street. This item was continued at the Boards last meeting to allow the applicant mope time to develop the construction plans satisfactory to the City Engineer's Office. b. The City Engineer's office indicates the plans are not i order at this time. Staff would recommend the Board continue this item to their next regularly scheduled meeting. gq.aY f FINDINSS OF FACT AND ORDER 38 M.R.S.A. SECTION 489 MUNICIPAL REVIEW OF SUBDIVISIONS CITY OF BANGOR, MAINE Applicant Name: Hillbrook Partners Site Location of Location. Bangor, Maine Development Act Project Maine: Hi ilbrock Subdivision File #:SLODR BGR 00001 Findings of Fact and Order Pursuant to the provisions of Title 38, M.R.S.R., Sections 483 and 489, and Title 36, M.R.S.R., Section 49.56, the City of Bangor has considered the application of Hillbrook Partners with its supportive data, staff s ary, agency r scomments, (comments from the pub- lic, public hearing transcript), and other related materials on file and finds the following facts: 1. PROJECT DESCRIPTION: A. Suulma'Y: Applicant proposes to subdivide 76.6 acres of a 304 acra parcel into 20 single family house lots locatedOn Outer Essex Street, Bangor. B. History of Project: Prior use of this Faisal was rural agricul- tural use. C. Current Use of Site: The site is presently unused. 2. TITLE., RIGHT OR INTEREST: Applicant has warranty deed on the en- tire 304 acre parcel. 3. FINANCIAL CAPACITY: Applicant, Hillbrook Partners have obtained a bank commitment for financing the project. In addition, each at the partners has made f1 n ial commitment to the development of the project through theHillbrook Partners Partnership Agreement. 4. TECHNICAL ABILITY: Applicant has retaineo professional se from various qualified individuals, to incl Ude: a registeredpr aofes- nalengiOmer, a ental s nLiet, certified soil scientist, registered land surveyor, e and a licensed site evaluator. 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EROSION AND SEDIMENTATION CONTROL: Applicant has provided a erosion and sedimentation plan to mitigate the impacts of any Sol movement during the construction of the proposed project. The plan includes temporary sedimentation measures for a [doming construction to limit sedimentation i ietnuraralnagesways. rheplan alen provides for permanent econtrol measured to include riprapped areasr seeding and sedimentation ponus. The a e and sedimentation plan was prepared by a reyietereu professional engineer. 13. SURFACE WATER QUALITY: in& proposed development veriot part o a lake watershed. The proposed development does Include v ire which has be developed to have a minimal alteratinnstream tothe existing stream charmer. 14. GROUNDWATER G11ALiTY/QUANTITY: The proposed project will not be located on a same and travel deposit. The low density development s propmad should provide+or sufficient ground water quantity f r Ibis 20 residential lute proposed. Groundwater testing has''hown a good supply available and deafen of oil -Site waste disposal syotame ° state plumbing code regulations should maintain the groundwater quel'- ty. No hydrogeologic assessment w<ss indicated as necessary. It. PUFFER STRIPS Applicant has provided 25' buffer .trips along the intermittent sores::: and around the existing pond. 16. 4ISTORIC S1TE5: The Maine Historical Preservation Commission has Gated that the prroprevd project will riot have an adverse impact on any wisteria, architectural, or archaeological site. U'NU'SUAL NATURAL AREAS: l'ue Office of Comprehans-ive Planning ll 'Me Oepa.^tment of Economic and Community D e' imprnent has reviewed the :.:n_rArre specice.1,5ted in thisare n the Critical Areas proyram or the N tma_ Hortoge pro - gran: data oases. 17. SCENIC CHARACTER: The propos"ai to ose 20 si.rgle family house should riot have an adverse impact or:athe colonic chararter of thi- gr ea. 12. WILDLIFE AND FISHERIES: Applicant's proposal should have amini- ampact on the existing wildlife and 'i-heries in this a -he Critical Areas Program and the Natural Heritage Program do not indi- cate any r endangered species in this a The proposed pond reconstruction, dredging, and wetland preservation should provide for habitat 5or wildlife which would be present. 19. SOILS: Applicant has retained a Certifietl Soil Scientist to pre- pare a medium intensity soil survey to i ga instite suil cundl- at the proposed development site. in addition to the soil analysis, a ental scientist w retained to map areas which w identified as wetlands, Comment was received from trip Department of Human Services nn discrepancy letlesyl Foil survey and site evaluators test pits. Also noted were e di.ec^epancies 'iu the textural classification and soil y *iledescriptions. 20. WASTEWATER DISPOSAL: All lots in the proposed development have been sail teatetl by Cite evaluator=. and meet m state stan- dards for c -site waste disposal, Applicant's appLcation con- tains suit test pit logs. Given the alae OF the lots no hydroiog- .c assessment was required. 21. MAINTENANCE OF COMMON FACILITIES/PROPERTY: '.he Millbrook Partners Hos Homeowners As _ration has provided for the n ntenance of common !ilitiThe Homeowners Associat£on Bylaws are included In the apPlecatiml. 22. NOISE: The proposed 20 lot subdivision should not POse any ad- verse mdse impact. e3. ODORS: NO s mt Project imparts for odors have bean identi- fied which Would be associated with a 20 let subdivision. 22. ALTERATION OF CLIMATE/WATER VAPOR: IF ia riot anticipated that there will Lre any alteration of climate or zagni4icant water vapor emission. 25. ACCESS TO DIRECT SUNL.16HT: E n the large i and dried sstriCions or' building locatio ons 1t i notka lily that any PrcWerty wouldnot [lave_di.^ect acre. ight. BASED or the above finding fact, 'es Cit/ or Bangor makes TNe f011nw- _:conclusions: A. The applicant ha Provided a t3 xal capacity araC technical ability to meet z water��o �ution control stan- dards i that ap PliCant her, a commitment ending i tito- Lion to ='unit 'the prO]a-t and applicaen nt he,, retained ProTssioal =cVa-'.ise it prepaNng the application. II The applicant has made adequate provisions for solid waste di=.epos- all provided un -site disposal of materials t conformance wit" State of Maine Laws regarding on-site waste disposal. TM1e applicant has made adequate provisions for the tart, OF o Offensive odors, and the s uins arid mot It mance of suit l c er it arid atl healthful water supplies n that a test well has inlicateal an abundant healthful supply i.. available. C. The applicant has mass adev,ate Provision For trafficvent of all types into, oat of or within the tleme velopnt area in Chat the street system is designed to handle the atir :instrid traffic and marteight isaances at t%w_ lot er recti ons are above the tlzsiretl mim - mam standards. C. The applicant bile made adequate prvvis-iron -er fitting this develop - into the i rstir:g rattiest n - ent and the deharmoniously vxlnpmentw not adversely affect e Stine Usen, soonerchis— better j, o ral hesournmr, in BANGOR sort ire neighboring m cipal- ities ie that the propnted development is a low Density r siden- tial development which provides a 13 ac -e common area which will. be unGevelvped. E. The proposed development willbuilt on soil types which are .eltabie to the nature of 'Ube uoderin ing prcvtde6 that the appli- ant follows the guideline's provided in the sohl scaenu ets recom- mendation. F. The proposed tlevelziner t will not pose a li ee ablhe" that ae!arge to a G19n1ficant ground water- shunter will QyLh- III ,-list the proposdervelnpmenh t n hot end and gravel ed andiron and the der siLy of development'is veryInw TTEREFORE, the City of Bangor APPROVED WITH THE ATTACHED CCIVGPIEN3 THE APF'-ICAI'ION OF RILLERO^N PARTNERS subdivide 76.6 a Into 20 lots. fury ogle f ily e sidencs. in F}�R. SANMaen in, adde'rdarn:e witF 'ire Following euntlitinnsl 1. The Stantlard :additions of Approval, a copy Of whvch In a..ached. e. 1d aJ,ilCon tie arty specific e _ Control s described nil this Order (the applicant ands in) shall take .all r s - nary actions to ensure that (iTi,sher, their, lis) activities 0- those of (his, her, their its) agents do not result in noticeable of soils an the site during the construction and opera- tion of the project covered by this approval. 3. Applicant shall make application and gain approval for other associated activities from the Department of Environmental Protec- tion for which the City of Bangor has no authority to grant. Such items to include stream alterations, pond dredging, and any other activity associated with the proposed development which the De- partment of Environmental Protection deems required. DONE AND DATED AT SANOOR, MAINE THIS Jr DAY OF sa�/a.>6. Y, 1989. BANGOR PLANNING BOARD BY Pau Sventl en, vice Chairman November ], 1989 A True Copy, AtteaC L/arLG/1 Arf ��ia...� —� cxclex� STANDARD CONDITIONS STRICT CONFORMANCE WITH THE STANDARD AND SPECIAL CONDITIONS OF THIS APPROVAL 15 NECESSARY FOR THE PROJECT TO MEET THE STATUTORY CRITERIA FOR APPROVAL. 1. This approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals and supporting documents is subject to the review and approval of the Municipality prior to implementation. Further subdivision of proposed lots by the applicant or future owners is specifically prohibited, without prior approval by the Municipality, and the applicant shall include deed restrictions to this effect. 2. The applicant shall secure and comply with all applicable Federal, State and local licenses, permits, authorizations, conditions, agreements, and orders, prior to or during construction and operation as appropriate. 3. The applicant shall submit all reports and information requested by the Municipality demonstrating that the applicant has complied or will comply with all conditions of this approval. All preconstruction terms and conditions must be met before construction begins. 4. Advertising relating to matters included in this application shall refer to this approval only if it nates that the approval has been granted WITH CONDITIONS, and indicates where copies of these conditions may be obtained. 5. Unless otherwise Provided in this approval, the applicant shall not sell, lease, assign or otherwise transfer the development or any portion thereof without prior written approval of the Municipality where the purpose or consequence of the transfer is to transfer any of the obligations of the developer as incorporated in this approval. Such approval shall be granted only if the applicant or transferee demonstrates to the Municipality that the transferee has the technical capacity and financial ability to comply with conditions of this approval and the proposals and plans contained in the application and supporting documents Submitted by the applicant. 6. if the construction or operation of the activity is not begun within two years, this approval shall lapse and the applicant shall reapply to the Municipality for a new approval. The applicant may not begin construction or operation of the development until a new approval is granted. Reapplications for approval shall state the reasons why the development was not begun within two years from the granting of the initial approval and the reasons why the applicant will be able to begin the activity within two years from the granting of a new approval, if granted. Reapplications for approval may include information submitted in the initial application by reference. ]. If the approved development is not completed within five years from the date of the granting of approval, the Municipality may reexamine its approval and impose additional terms or conditions or prescribe other necessary corrective action to respond to significant changes in circumstances which may have occurred during the five-year period. 8. A copy of this approval must be included in or attached to all contract bid specifications for the development. 9. Work done by a contractor pursuant to this approval shall not begin before the contractor has been shown by the developer a copy of this approval. (2/81) Revised November 1, 1979 ce9a1 Department Date November 2, 1989 M1O: Russ McKenna City Clerk FRIR: Terri Coxe RE: Hillbnook Subdivisio Enclosed for filing in the City's records, please find a copy of a "Subdivision Improvement Guarantee and Real Property Escrow Agreement, dated October 38, 1989,between the City of Bangor and Hillbrook Partners regarding the above subdivision. T.C. to Enclosure SUBDIVISION IMPROVEMENT GUARANTEE AND REAL PROPERTY ESCROW AGREEMENT This Agreement is entered into as of this 3J,4 day of 1989, by and between HILLBROOM PARTNERS, a Maine general partnership with a place of business in Bangor, County of Penobscot, State of Maine (hereinafter SUBDIVIDER) and the CITY OF BANGOR, aunicipality situated in Bangor, County of Penobscot, State of Maine (hereinafter CITY). RECITALS 1. SUBDIVIDER has submitted a subdivision plan to CITY for final approval under CITY'S Subdivision Ordinance, which approval was obtained from the Bangor City Council on June 26, 1989. 2. Article 8 of said Subdivision Ordinance requires that a subdivider provide the CITY with an improvement guarantee to ensure completion of the required improvements in a subdivision. 3. The required improvements for the proposed subdivision consist of the construction of a street and storm drainage system.The City Engineer has reviewed and approved the cost estimate for the construction of said improvement. 4. SUBDIVIDER has proposed utilising the real property escrow improvement guarantee option authorized by Article 8, Section 3.2 of said Ordinance. NOW, THEREFORE, inconsideration of the foregoing recitals and the obligations oftheparties hereunder, it is understood and agreed as follows: 1. SUBDIVIDER las, simultaneously with the execution of this Agreement, executed and delivered to the CITY Warranty Deeds conveying to the CITY fee simple title to the following described premises located in Bangor, County of Penobscot, State of Maine! (1) Lots Numbered 13, 14, 15, 16, 17 and 18 as shown On the "Final Plan of Hillbrook Development" dated March 29, 1989, revised June 6, 1989 and August 16, 1989, prepared by Plisga & Day, Land Surveyors, to be recorded in the Penobscot County Registry of Easels. (2) Read areas depicted as Fox Hollow and Trillium Trail on said Plan. For SUBDIVIDER's source of title for the foregoing real estate, reference may be had to the deed from William P. Jinks and Mary P. Jinks to Hillbrook Partners, dated December 15, 1988, recorded in said Registry of Deeds in Volume 4364, Page 225. 2. The aforesaid deeds are to be held in escrow by the CITY as rity for the satisfactory completion by SUBDIVIDER, or its agents successors, or assigns, of the street and storm drainage improvements as approved by CITY's Planning Board. 3. All construction and materials shall conform to the approved subdivision plan and the ordinances and requirements of the CITY, and all construction shall be completed in a good and workmanlike manner. During the course of the work, SUBDIVIDER shall coordinate the construction activities with CITY's Engineer to provide CITY with an opportunity to conduct periodic Inspections of the work In progress. 4. SUBDIVIDER shall complete the required improvements by not later than June 26, 1991. Upon completion of the improvements, the SUBDIVIDER shall file with the City Engineer: (a) a statement from SUBDIVIDER that all required improvements have been completed in strict compliance with all applicable construction standards, laws and ordinances, and the approved subdivision plan and that the SUBDIVIDER knows of no defects from any cause in the improvements; and (b) a statement from SUBDIVIDER's attorney that the improvements and the land upon which the improvements are situated are free and clear of any encumbrance or lien. 5. If the improvements have not been completed to the satisfaction of the CITY by June 26, 1991, then the City Engineer shall notify SUBDIVIDER in writing of the defects and of CITY's intent to exercise its rights under this Agreement. If the work is not completed within 30 days after receipt of said notice, the CITY may record the aforesaid deeds, thereby placing title to the road area and lots in the CITY. Provided, however, that CITY shall only record the deeds to such number of lots as may be necessary, in the opinion of the City Engineer, to ensure completion of the improvements. CITY may also undertake to complete said improvements and to sell the lots, or any portion thereof, o such terms and conditions as it, r its Sole discretion, n deems appropriate. Before selling any of the lots, however, CITY shall give SUBDIVIDER written notice of any intended sale, which notice shall include the terms and conditions of the sale and the name of the intended purchaser. SUBDIVIDER shall have the option of purchasing the lots upon the same terms and conditions as stated in the notice. Provided, however, that SUBDIVIDER gives written notice of its exercise of said option to CITY within 30 days from SUBDIVIDER's receipt of the notice of sale from CITY. CITY shall apply any proceeds from such a sale, lees expenses, to the costs incurred by it to complete the required improvements. In the event that such proceeds are insufficient to cover the costs of CITY so incurred, SUBDIVIDER shall reimburse CITY for any shortfall within fifteen days from the date of an invoice for the same. If SUBDIVIDER falls to reimburse CITY as aforesaid, SUBDIVIDER agrees that in addition to the amount due, it shall also be liable to pay any costs incurred by CITY to collect said monies, including but not limited to court costs, sheriff's fees, and reasonable attorney's fees. In the event that the proceeds from the sale of the lots, or any portion thereof, less expenses, exceed the costs incurred by CITY to complete the required improvements, CITY shall pay said excess amount to SUBDIVIDER. 6. Until such time s the CITY executes and delivers a release of its interest in the premises under this Agreement, SUBDIVIDER shall not mortgage, sell, agree to sell, or otherwise encumber or convey any interest in the premises. I. CITY agrees to release lots from this Agreement and to return the deeds therefor to SUBDIVIDER in proportion to the progress of SUBDIVIDER towards completion of the improvements. Provided, however, that CITY'S obligation hereunder i conditioned upon a determination by the City Engineer, in his sole discretion, that the work to date has been completed in a satisfactory manner and that the lots remaining in escrow are sufficient to secure completion of the remaining work. 8. Within 30 days after receipt of the statements required by Paragraph 4 above, CITY shall release the lots from this Agreement and shall return the deeds held in escrow therefor to SUBDIVIDER or shall notify the SUBDIVIDER, in writing, of any defects in the Improvements. Provided, however, that CITY shall not be obligated to release the lots until SUBDIVIDER provides an improvement guarantee, in one of the forms authorized in Article 8, Sections 3.1 to 3.5 of the Subdivision Ordinance in an amount equal to 108 0£ the estimated cost of the Improvements. 9. SUBDIVIDER acknowledges that CITY shall not be obligated to consider acceptance of the improvements in the Subdivision as public ways until such time as the CITY is satisfied that they have been completed in strict compliance with the foregoing requirements. 30. This Agreement shall be binding on SUBDIVIDER and CITY, their respective successors, heirs, and assigns. IN WITNESS WHEREOF, the SUBDIVIDER and the CITY, acting through its City Manager, have caused this Agreement to be duly executed as of the day, month and year first above written. HILLBROOK PARTNERS By Witness Frederick A. 0ldenb4r gr M.O. Its Partner CITY OF BANGOR By: �.. l V. 4 Wil ass V ItsEdward Ci A. Barrett Its City Manages STATE OF MAINE Penobscot, as. 0'4G 30 , 1989 Then personally appeared the above named Frederick A. Oldenburg, in his capacity as a partner of Hillbrook Partners, and acknowledged the foregoing instrument as his free act and deed in said capacity and the free act and deed of said Hillbrook Partners. Before me, �ln-vu¢�✓✓. �4 Natazp-enblc/Attorney t i.ax Printed Some: %ii ..xn .4. 24sre// STATE OF MAINE Penobscot, ss. November 2 , 1989 Then personally appeared the above named Edward A. Barrett, in his capacity as City Manager for the City of Bangor, and acknowledged the foregoing instrument as his free act and deed in said capacity and the free act and deed of the City of Bangor. Before me, A. Notary Public/A££arA6y-a£- aw Printed Name: Tgrri lcd cow NY crmmvnc. I.pnea Je..¢mbn, 22, 1089