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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday, January 20, 2004 <br /> 6:00 o'clock p.m. <br /> (#04-2971 HICKORY FINE HOMES INC.,3220 AND 3240 WATERTOWN ROAD, <br /> LOT LINE RE-ARRANGEMENT—Continued) <br /> 1990 configuration due to Shoreland restrictions) and to allow for slight revisions in <br /> potential house locations. The new plat is subject to `front lot/back lot' area and setback <br /> standards which were also not in effect in 1990. <br /> Gaffron pointed out that the application is incomplete pending a grading plan and design <br /> for the driveway and creek crossing, which requires a number of variances. It is staff's <br /> intent to review the variances and subdivision concurrently, as they rely on each other for <br /> viability. <br /> Gaffron explained that, prior to adoption of the Shoreland Ordinance in February 1992, <br /> Orono did not have a specific setback requirement from tributary streams or creeks, and at <br /> best a 26' wetland setback was likely the only setback enforced for structures. <br /> Furthermore, the City had no hardcover limitation applicable to tributaries. The City had <br /> enforced a 75' septic system setback from creeks and wetlands since the late 1970's; tested <br /> sites for Lot 1 were accepted at less than a 75' setback. <br /> Since the original subdivision was created prior to the 1994 adoption of"front lot/back lot" <br /> standards (Sections 78-1370 and 82-256), the existing lots aren't subject to these special <br /> setback and area requirements,but because new lots are being created, the subdivision will <br /> be subject to those standards. The impacts include: <br /> - Lot 1 as a back lot must meet a 3 acre minimum(it does); <br /> - Lot 1 is subject to 150% of the standard setbacks. <br /> -Access to Lot 1 must be via a 30' driveway outlot(as proposed) <br /> - Lot 2 is subject to a 50' side street setback from the driveway outlot, rather than a <br /> 30' side setback. <br /> Gaffron summarized the Regulatory Impacts as follows: <br /> 1. The 968' OHWL along the creek is the contour from which setbacks should be <br /> measured for this property. The key OHWL setbacks that affect development of the site <br /> are: <br /> - 100' structure setback from OHWL <br /> - 75' septic setback from OHWL <br /> - no hardcover allowed within 75' of OHWL <br /> Areas below the OHWL will not count toward lot area calculations. <br /> The lot dry/wet areas and the OHWL setbacks as shown by the surveyor appear to <br /> be acceptable. <br /> Wetland delineations and the OHWL determination have established boundaries which <br /> have a somewhat limiting effect on the buildable area, especially of Lot 1, due to non- <br /> buildability of wetland and the 26' setback requirement. <br /> PAGE 21 of 53 <br />