Town of Mount Desert Planning Board Approved
Minutes of January 13, 2003 02-10-2003
Board Members Present Public Present
Marc Sevigny, Chairman David Bloomer Bobbi Burdick
Heather Jones, Secretary Gwendolyn Hopkins Sherri Alley
Samuel Fox Carroll Gordon Pat Coston
Joseph Tracy William McFarland Jim Russell
Robert Coolidge, alt Vicki Vandenburgh Bob Ruth
Paula Knudsen, alt. Otto Prugel David Irvin
James Clunan (6:09 p.m.) Carol Brodeur Mark Brodeur
Ted Bromage
Brent Hamor, CEO; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the November 25, 2002 meeting were unanimously approved as circulated. The draft minutes from the January 6, 2003 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits 6:05 p.m.
Board agreed to take item out of order:
C. Cheryl Agnese/Evan Contorakes & Russell Crider
LOCATION: 141 Main St, Northeast Harbor
TAX MAP: 24 LOT: 78 ZONE: VC
PURPOSE: re-establish a two-bedroom apartment on the lower level
SITE INSPECTION: 4:15 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Fox).
Site Inspection reported by Mr. Coolidge. The lower level is the basement. There was once an apartment in the basement. Ms. Carroll Gordon, representing Cheryl Agnese, reported that when Ms. Agnese bought the building, in 1985, there was an apartment in the basement. It was turned into a woodworking shop for personal use (not business), and then used as a storage area. Dr. Fox noted that the entry from Main Street is very narrow. He suggested the lower entrance at the back from Tracy Road should be listed as the address as a safety measure for E911 purposes. Mr. Tracy reminded the Board that its purpose for this review is the intent of allowing a residential use in a commercial zone. Mr. William McFarland spoke
on behalf of the buyers reiterating that very point.
The Standards of Section 6. of the LUZO, as amended March 5, 2002 were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
A. Gwendolyn Hopkins (Tabled from November 25, 2002)
LOCATION: 6 Music Hill Lane, Otter Creek
TAX MAP: 32 LOT: 9 ZONE: VR2
PURPOSE: Install 24 feet of stockade fencing over 6 feet in height
[At the November 25, 2002 meeting: It was confirmed the notice was published in the Bar Harbor Times. No conflict of interest was reported. The regular members present (Marc Sevigny, Heather Jones, and Samuel Fox) and alternate member Robert Coolidge are the voting members for this hearing. Site Inspection reported by Mrs. Jones. MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Coolidge/Fox).]
Mr. Tracy noted that he did not attend the site inspection and therefore withdrew from this hearing. Mr. Clunan noted he did not attend the first meeting on this matter and therefore withdrew also. The voting members for this hearing remain Marc Sevigny, Heather Jones, Samuel Fox and Robert Coolidge.
Dr. Fox reported on the site inspection again. The area of major concern is an inset to the southeast at ground level to the adjacent property - about 2 ft of an offset from the line of proposed fence. To continue the fence along that line would require a drop down which would be more like 8 ft in height. A dogleg to the southeast on the west end would create a fence that would have no height in excess of 6 ft. The dogleg would move the fence 2ft to the southeast of the proposed location and would permit more light into the adjacent property. And would not be much of visual impact from Hopkins property.
Mrs. Gwendolyn Hopkins was present and stated she did not know that the fence exceeded 6 feet, although she is aware of the dip and the 8 feet. As far as the tenant being able to see, Mrs. Hopkins had a large Maple tree removed to open the view. She has been in the apartment building and believes there is plenty of sun allowed in.
Chairman Sevigny asked Mrs. Hopkins her opinion about the dogleg idea. She noted that she would not be able to use her land on the other side of the fence and she has already spent a great deal of money on the fence. It was noted that the 8-foot portion is on the bottom of the fence. Mrs. Hopkins was asked if lowering a portion of the fence would meet her needs and she replied no. She has serious issues with the tenant. Dr. Fox stated that it is against the intentions of the LUZO to allow an 8-foot fence. Chairman Sevigny felt there was plenty of light allowed onto the property.
The Standards of Section 6. of the LUZO, as amended March 5, 2002, were reviewed and found to be in conformance, as noted on the application.
Discussion continued regarding benefits (or not) of dogleg. Mrs. Hopkins believes the view [window] in question is not overlooking the 8-foot section of fence.
A VOTE WAS CALLED AND THE MOTION CARRIED 3-1 (Dr. Fox voting against).
B. Brent and Elizabeth Carey
LOCATION: 12 Harborside Rd, Northeast Harbor
TAX MAP: 26 LOT: 10 ZONE: VRI
PURPOSE: 25 feet of fencing on east side and 75 feet of fencing on west side
SITE INSPECTION: 4:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection reported by Mr. Clunan. Owners wish to build two fences on the roadside (Harborside Road) of the property.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Jones/Clunan).
Bobbi Burdick, agent for the owner, further described the project in terms of grade and height of wall. Mr. Tracy pointed out that height is measured from existing grade. Mr. Coolidge asked how high is the wall on the east side – would it bother neighbors? Ms. Burdick replied that the wall is 2 ½ ft and fence 5 ft.
The Standards of Section 6. of the LUZO, as amended March 5, 2002 were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
Meeting recessed at 6:48 p.m.
Meeting reconvened at 6:53 p.m. in the Fire Chief’s office.
IV. Old Business
V. New Business
A. Richard Davis Irvin, Jr./Ober Mill Subdivision Phase Two/Tax Map 12 Lot 13
Subdivision Sketch Plan Review
Mr. Irvin presented the Board with a plan indicating the creation of 10 more lots. The left side of the plan is Indian Point Rd. and the right side is the Woods Road - extended as Woods Rd Lane. “Lot 14” is the remaining lands and includes Mr. Irvin’s new house. Mr. Irvin spoke to concerns of the Woods Road Association: the creation of a “through” road, over use of road, maintenance of road, and liability. He plans to leave the “crossroad” separate and not make it a connector.
VI. Meeting adjourned at 7:33 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 10, 2003 in the Meeting Room, Town Hall, Northeast Harbor.
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