08-21-2017 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 21,2017 6:30 o'clock p.m. Tera White stated they also back up the driveway to make that turn and that they have encountered people coming down the hill as they are backing up. White commented they would now be adding two other families with possible multiple drivers,which would add to the congestion. Jay White commented there are safety concerns associated with that. White stated since it will not be a public road so the City is not considering making any improvements. White noted there is no agreement concerning the driveway and that he would ask the Planning Commission to consider whether it would be better for only one home to be built. White stated in their view adding two home would not be safe. As it relates to the outlot, White stated that will end up being a private shared driveway off of their driveway and not dedicated as a public road. White commented he is not sure if a variance is needed or how it works, but the subject lot has no hardship. White stated the access should go directly to the setback and that they are using the outlot to create the two homes and that there will be a lot of hardcover in the impact area. William"Frenchie"Dampier, 3550 Ivy Place, stated he has spoken with several neighbors who have a concern about an overly cozy relationship between the Mayor and this developer and that they feel powerless to do anything. Dampier stated the common question that came up was why the maximum profit for the developer is the overriding interest rather than maintaining the community's interest. Dampier stated as he understands it,the developer has a contingency agreement with the owners, and should the Planning Commission not approve this,he has nominal costs in the project. Dampier stated they have ignored the fact that everybody who lives on Ivy Place,with the exception of the Whites, live within the 130-foot sight setback. Dampier stated if they are allowed to build within 75 feet, it would preclude him and everybody else who has adhered to that sight setback from ever having a view of the lake. Dampier indicated he has a little over 135 feet from the front of his house to the lakeshore and that he had to give up eight feet in order to build his house back in 1998. Dampier stated he is familiar with the sightline setback rules and that everybody else has adhered to that 135 feet setback over the years. Dampier stated if they are allowed to put two houses in there at the 75-foot line, it will change the character of the neighborhood permanently. Dampier questioned whether they would all then be allowed to move forward. Dampier noted he also found out recently that15 feet of the street belongs to him and that he can use that 15 feet to justify building closer to the lakeshore. Dampier commented it is going to be a never-ending battle unless another approach is taken to developing this land. Dampier stated it is not a hardship for somebody to build a house with a compromised setback but it is just not as profitable. Dampier stated as has been mentioned,the point of the peninsula has always been wetlands. Dampier stated if it has been defined as 168 square feet,that's fine,but that he knows it has been much bigger than that over his lifetime. The flood water coming down the hill does turn that whole point into a pond, which causes the developer to have to raise the land. That, in turn,will cause drainage problems for the neighbors. Dampier expressed a concern about how many dump truck loads it will take to raise the elevation of the land and how many trucks will be going up and down the road. Dampier stated the road is not rated for heavy trucks and that it has less than two inches of paving in spots. If heavy traffic is allowed on the road, the road will crumble. Dampier stated at a bare minimum, if this is allowed and barging is not required,the City should demand some type of surety bond or warranty to ensure that any damage to the road will be addressed by the Page 12 of 25