| Joanne Cole |
Policy and practicality were front and center at the Planning Board’s December 5 meeting. David Trafford of Gloucester Hill Road was in the Meetinghouse with what had sounded like a straightforward proposition.
He and Cheryl Trafford had inherited a piece of property on Town Farm Road, David Trafford said, and are looking ahead.
“My wife and I have a homestead,” Trafford told the board. “We don’t need 16 acres of land. So my thought was, we were just going to divide it up and give it to our kids.”
That split would involve three lots—possibly four—putting the Traffords into subdivision territory and triggering specific requirements under New Gloucester’s zoning and subdivision ordinances and state law. Among them, an applicant or developer must establish up front that each of the proposed new lots will have legal access, at least two acres of good buildable land, septic-suitable soils, sufficient quality water and a fire protection plan.
Such requirements help municipalities manage subdivision development with an eye on its impact on neighbors, on the environment, on public services, on traffic. That said, not every proposed subdivision must comply. One exemption involves family transactions. Board Chair Doug McAtee read aloud the relevant provision in the Maine statutes: lots going to family members can be exempt, provided that the owner gifting the land has held it for at least five years.
The Traffords aren’t yet at five years owning the land, David Trafford said. Hence, a proposed subdivision called “Emery Estates” at Map 3 Lot 35, in the Rural Residential District and Groundwater Protection zone – and a preliminary conversation with the Planning Board.
As this was a pre-application conference and not yet formal review, the board took the opportunity to discuss the requirements that apply to a minor subdivision (four or fewer lots). The goal was to facilitate the review process by heading off potential problems at the pass. Several concerns emerged.
Regarding access, the Traffords had submitted a plan showing a new Lot 3 on Town Farm Road and Lots 1 and 2 bordering Pleasant Lane; no new roads would be built. Because Town Farm Road is a town road, access for Lot 3 was all set. But Pleasant Lane is not a public road. Do the Traffords have a legal right to use what amounts to a private driveway to access Lots 1 and 2, they wondered. And is Pleasant Lane the former Interurban? If so, that may involve complicated questions of rights and title.
Complicating the complications regarding Lots 1 and 2, under the ordinance a ‘driveway’ can only serve three or fewer dwelling units. More than three homes, and it becomes a “road” for purposes of the ordinance, board members advised. Pleasant Lane would need to meet town standards for width, turnaround, materials, and the like. The objective is to better facilitate access for fire safety apparatus.
Regarding minimum lot size, board members Don Libby and Steve Libby explained that each proposed lot must have at least two acres of “net residential acreage” – that is, two acres that are suitable for building after subtracting areas with low land, unsuitable soils, driveways and utilities, and other unbuildable conditions.
On the Traffords’ plan, Lots 1, 2 and 3 were given as 2.0 acres, 2.01 acres and 2.02 acres – in other words, right at the cutoff. Were those figures “net” acres after required deducts, they asked. In addition, one of the lots appeared to have less than the required 250 feet of frontage.
After about an hour’s discussion, David Trafford departed with a list of required items and issues to keep in mind as the family’s plans continue to take shape. Town Planner Kathy Tombarelli anticipates that Trafford will return to the Planning Board on December 19 to discuss next steps.
To view video of the Planning Board’s December 5, 2023, meeting, click here. Find links to meeting agendas and related documents on the Planning Board page at this link.
