Town of Mount Desert Planning Board APPROVED
Minutes of March 31, 2003 04/14/2003
Board Members Present Public Present
James Clunan, Vice Chairman Jim Robinson
Heather Jones, Secretary Sydney Roberts Rockefeller
Samuel Fox Jaylene Roths
Joseph Tracy Jerry Suminsby
Robert Coolidge, alt Dave Irvin
Paula Knudsen, alt. Stan MacDonald
Brent Hamor, CEO; Barbara Williams, Assistant; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:01 p.m. by Vice Chairman Clunan.
II. The draft minutes from the March 17, 2003 meeting were unanimously approved as circulated.
III. Public Hearings - Conditional Use Permits 6:05 p.m.
A. Continued from March 17, 2003
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
CEO Hamor reported that the application has been withdrawn.
IV. Unfinished Business
A. Maine Municipal Association (MMA) Response to Subdivision questions
Mr. Coolidge referred to MMA’s suggestion that the Subdivision Ordinance be made clearer. Board discussed “Answer #3” and its relevancy to a recent question regarding lot division. Members agreed that each new proposal would have to be taken case by case, at least until the issue is clarified within the ordinance. Ms. Williams asked if the Board wanted the Ordinance Review Committee to address the issue and the answer was yes.
V. New Business
A. Mt Desert Island Historical Society
Map 21 Lot 6, 1119 Main Street, Somesville and
Map 8 Lot 50, 373 Sound Drive
Request for MDOT signs for the Somesville Museum and Sound School House Museum
It was noted that this is not a public hearing and is being addressed per LUZO Section 8.4.5. The signs are permitted with the approval of the Board of Selectmen on the recommendation of the Planning Board. Voting members will be the regular members present and Mrs. Knudsen.
Ms. Roths reiterated the request and explained the intent is to improve visibility with two locations and three signs: two signs just after Village Park Road in Somesville (just before the Somesville One-Stop) and one sign at the intersection of Routes 233 and 198 (RA Corner). She said signs are no longer allowed at the head of the Island per directive from the town of Trenton. The locations proposed already have other MDOT signs. She also explained that MDOT advised the multiple applications, even though only 3 signs and 2 locations are the goal.
MOTION MADE AND SECONDED (Fox/Tracy) TO RECOMMEND TO THE BOARD OF SELECTMEN THAT THEY APPROVE THE MDI HISTORICAL SOCIETY’S APPLICATION FOR UP TO 3 SIGNS IN 2 LOCATIONS WITHIN THE TOWN OF MOUNT DESERT. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
B. Mt Desert Community Trust
Request for Workshop with Planning Board, discussion
Mr. Coolidge recused himself from the Board because he is involved with the Mt. Desert Community Trust.
Mr. Dave Irvin introduced this as an informal discussion in anticipation of what The Trust might do. He commented that there are areas of the LUZO and Subdivision Ordinance that are silent on some issues, and conflicting on others. The Trust is considering a commercially zoned property in town for a multi family housing project. They realize they would need CUP for residential use. Although this would mean higher density than usual they want to work with the character of the community.
Mr. Clunan asked if the area currently contains multifamily dwellings. Mount Desert Housing Authority on Maple Lane and a building with two apartments and a retail store are adjacent.
The Trust also has an opportunity to purchase property in Somesville. Mrs. Jones asked if there has been any consideration of the Ripple Pond tract? Mr. Suminsby replied not yet, “it’s not going anywhere”; there are other properties that they would rather pursue at this time.
Mr. Tracy asked for clarification of where the property is located in Northeast Harbor; it was identified as the old Solari paint shop on Rock End Road.
Ms. Rockefeller noted the importance of working together and the need for a concept for creative opportunities in housing. Mr. Suminsby said the current survey shows a desire for workforce housing; however zoning is often a stumbling block. He used his experience in Jackson Hole as an example. He suggested that zoning be put in place first, then do the projects.
Mr. Clunan asked if there are parts of the LUZO that the Trust is specifically concerned about? Mr. Irvin said, using the Solari lot as an example, in evaluating commercially zoned property for residential use the LUZO (3.6 Dimensional Requirements/Note (g)) requires that the use meet the dimensional requirements of the adjacent residential district. Do we look to adjoining zones – to the lot itself? or zone? There was considerable discussion of zoning requirements, dimensional requirements, and the relation to single, two, and multi family dwellings. It was noted that the Solari lot has a right-of-way down the middle of the lot. The ordinance is unclear about multifamily dwellings. Suminsby asked what is easier to administer an immediate zoning change or working with/toward a
comprehensive plan.
Mr. Irvin asked how Board feels about a Special Town Meeting for the purpose of ordinance changes. Vice Chairman Clunan asked what do surveys tell us? Ms. Williams said the response to cluster housing is favorable – at least 2/3rds in favor; as was town support for affordable housing. Mr. Irvin suggested the use of contract zoning which would be a case-by-case basis. Districts for areas of villages was mention. Mr. Irvin referred to Subdivision Ordinance Section 5.7.3.2 Non-land subdivisions (multiple units within a single structure): Overall net density shall not exceed two dwelling units per minimum lot size in the district. He believes this contradicts the LUZO and would stop this project dead in its tracks. Mr. Coolidge referred to LUZO Section 3.6. Note (g) and
wondered how it could be interpreted. Mr. Irvin referred to LUZO Section 2.9 and noted that it is specific to one and two family dwellings, but not multi.
Mr. Irvin said he also sees the ordinance silent on parking. Ms. Rockefeller suggested that parking issues in the Town need to be addressed – she believes alternatives to parking “right in front of the building” need to be explored along with expanded areas of overnight parking. She also referred to the Day Mountain subdivision as an example as to what has been done with current rules and suggested using it as a model of what might be done with ordinance changes.
Mr. Tracy suggested the immediate abutter of the Solari property, Mr. Robinson, might want a chance to speak. Mr. Robinson said his property abuts at back of the Solari lot and that the right-of-way through it is only 4 inches from the building. He is in favor of affordable housing. He is losing a good employee because he can’t find local affordable housing in town.
Vice Chairman Clunan asked Mr. Irvin if any red flags appeared from this discussion and he replied no. Mr. Stan MacDonald suggested the Trust would produce more attractive housing than what is commonly thought of as low-income housing. He doesn’t see NIMBY as a problem. Mr. Suminsby thought if the Trust starts small with good thought out projects, contract zoning might be acceptable.
Vice Chairman Clunan asked if it was worth getting an opinion from MMA on contradictions of LUZO and Subdivision. Mr. Irvin thought it important as to how the question was asked. CEO Hamor and Mr. Irvin will work on the question; Board members are encouraged to contribute their thoughts.
VI. Meeting adjourned at 7:47 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 14, 2003 in the Meeting Room, Town Hall, Northeast Harbor.
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