Town of Mount Desert Planning Board APPROVED
Minutes of March 17, 2003 03-31-2003
Board Members Present Public Present
Marc Sevigny, Chairman April Merchant
James Clunan, Vice Chairman Connie Shea
Heather Jones, Secretary Jeff Crafts
Samuel M. Fox III Jim Parker
Joseph Tracy Lydia Lyman
Robert Coolidge, alt
Paula Knudsen, alt
Brent Hamor, CEO; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:02 p.m.
II. The draft minutes from the February 10, 2003 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
A. NAME: Linda B. Jonas, owner; April Merchant & Lydia Lyman, applicants;
Constance Shea, agent
LOCATION: 3 Summit Road, Northeast Harbor
TAX MAP: 26 LOT: 4-2 ZONE: VC
PURPOSE: Residential use of commercially zoned property
SITE INSPECTION: 5:30 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. Also in attendance were Mrs. Knudsen, Mrs. Jones, and Dr. Fox. Mr. Clunan noted that there is a second means of egress on the second floor that is proposed to become residential.
Mrs. Shea spoke on behalf of the applicants. Currently half of the second floor is office space. Applicants would like to use the other half of the second floor and the entire third floor for a single-family residence. There are direct means of egress from each floor. There is enough room to the left (west) of the building for one parking space.
Mrs. Jones noted that currently there are three businesses leasing space in the building and they use the parking places in front of the building. Mr. Tracy suggested that the proposed change doesn’t necessarily change the parking configuration. Chairman Sevigny initiated a discussion of the potential parking problems if the single-family residence consisted of 2 adults and 2 teenagers, all with vehicles. Mr. Tracy noted that historically parking has been a problem with this building. It is unusual to have no parking for a public building. Mr. Clunan referred to LUZO Section 6.8 Standards for uses and Issuance of Permits. Highway Safety: “Sufficient off-street parking shall be available.”
Mr. Tracy said he would like to review the history of this building, particularly prior Board review.
Mrs. Shea noted, making it very clear that the problem is the applicants’ and not the Board’s, that there is a time constraint with the Purchase & Sale Agreement – it calls for an April 15, 2003 closing date. She also reiterated that Mrs. Merchant and her family would live on half of the 2nd floor and the entire 3rd floor. At a later date Mrs. Merchant may open a salon using half of the first floor. Although there is space at the back of the building for parking, it may not be cost effective to use.
Mr. Tracy wondered if the current use of the building is in violation of the current Conditional Use Permit.
MOTION MADE AND SECONDED TO TABLE THIS APPLICATION UNTIL MARCH 31, 2003 (Tracy/Fox). Board requested CEO to provide it with relevant information regarding the history of the building use. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
IV. Unfinished Business
A. Membership
Chairman Sevigny asked about the procedure for re-appointment to the Planning Board. Mrs. Nolan explained that the Board of Selectmen will make the appointments prior to April 1, 2003. Mrs. Knudsen reported that she will be stepping down from the Board due to personal health issues. With regret, and appreciation for her service, the Board recognized Mrs. Knudsen’s resignation. Members were encouraged to suggest names for a new alternate member.
B. MMA Response to questions regarding subdivisions
Mr. Coolidge asked that this be placed on the March 31, 2003 agenda for discussion.
C. Annual Town Meeting
Mr. Clunan suggested that the Board as a whole use a meeting [or workshop] to prepare itself for any Warrant Articles it recommends.
V. New Business
A. Daniel M. Kimball/Agent Jim Parker, CES, Inc.
Tax Map 24 Lot 126 Village Residential 2
Subdivision Sketch Plan Review
Accompanying Mr. Parker was his associate Jeff Crafts. Mr. Crafts will likely be the agent at future meetings. Mr. Parker distributed copies of the sketch plan of a subdivision that Mr. Kimball and Mr. Mahaney hope to develop. The plan shows 6 lots with about ½ acre each. The road will be private; however water and sewer will be public. The intent is to keep the houses “in the woods” and away from the field.
The plan indicated the private road servicing the lots would end in a “T”, rather than the usual cul-de-sac. This led to a lengthy discussion of why and how and possible options. Mr. Tracy noted that historically he doesn’t remember the Planning Board granting a subdivision of this size without the use of a cul-de-sac.
Site inspection was set for 5:30 p.m., March 31, 2003.
B. Ordinance(s) Review
Chairman Sevigny requested that the Ordinance Review Committee compare the setbacks in the LUZO and Subdivision Ordinance to ensure they do not conflict. He also asked if the waiver of setbacks by abutting property owners (LUZO Section 3.6 Note d) is an issue for ORC – no. CEO Hamor asked if the Board was concerned about having definitions in the LUZO that did not refer to any part, specifically, of the LUZO. He referred to the definition of “turnout area”. Board agreed that although the words “turnout area” do not appear in the LUZO, they are referenced indirectly by animal husbandry.
VI. Meeting adjourned at 7:17 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, March 31, 2003 in the Meeting Room, Town Hall, Northeast Harbor.
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