Town of Mount Desert Planning Board Approved
Minutes of June 9, 2003 6/23/2003
Board Members Present Public Present
James Clunan, Vice Chairman Karen Kettlety Daniel Kimball
Heather Jones, Secretary Katie Bell Greg Johnston
Samuel M. Fox III Alex Kimball Thomas Leddy
Joseph Tracy Alice Carter Chris Wriggins
Robert Coolidge, alt Anthony Giunta
Stephen Zirnkilton, alt Linda Jonas
Brent Hamor, CEO; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m. by Vice Chairman Clunan.
II. The draft minutes from the May 27, 2003 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
A. APPLICANT: Linda B. Jonas
LOCATION: 3 Summit Rd, Northeast Harbor
TAX MAP: 26 LOT: 4-2 ZONE: Village Commercial
PURPOSE: Residential use in a commercial zone
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 and alternate member Mr. Coolidge are the voting members for this hearing.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Coolidge).
Site Inspection reported by Mr. Coolidge. The building was originally built as an office building and the current use is for offices. Board members looked at the proposed parking on Tracy Road behind the Kimball Shop; 5 spaces will be available.
Vice Chair Clunan asked if a sign would be needed. A sign would not be needed for the residential use.
Mr. Chris Wriggins summarized the changes as shown on the plans provided: the ground floor will be for retail space plus one commercial space; an elevator will be added; part of the second floor will remain offices; and a portion of the second floor along with the will be a townhouse. There will be some structural changes.
The Standards of Section 6. of the LUZO, as amended March 4, 2003, were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
IV. New Business
A. Linda B. Jonas/Agents James E. Patterson and Anthony J. Giunta, Esqs.
3 Summit Rd., Northeast Harbor Tax Map 26 Lot 4-2 Village Commercial
Submission of Subdivision Application
Attorney Giunta spoke on behalf of the applicant, Linda Jonas. He referred to State law as it pertains to subdivisions. He then reconstructed the history of the building beginning with its construction in 1988 followed by the conversion of the second and third floors to a Bed & Breakfast in April 1991. He concluded that the multi uses were grandfathered, particularly since the Town’s Subdivision Ordinance, Section 3.1 was not enacted until 1991; therefore a subdivision is not needed.
Mr. Tracy suggested that the proposed use would be less of an impact than the former B&B and office. Mr. Coolidge asked what uses are in the building now. Mrs. Jonas replied there are 8 suites with three tenants. Mr. Tracy asked without a subdivision? Yes, without. Mr. Coolidge wondered if the 5 year rule applies. Mr. Tracy thought that the proposed use would have less impact than what already exists and sees no need for a subdivision. Vice Chair Clunan noted that the Town’s Subdivision Ordinance provides for multi-unit projects. Attorney Giunta contended that those words not added until 1991 and that the Board approved the 7 unit B&B without subdivision approval. Vice Chair Clunan asked if the building has been in continuous use with separate tenants. Yes. Has any use been vacated for over 12/18 months? No. CEO explained why he thought a subdivision is needed. In 1988 there was one use; in 1991 it could have been the oversight of the Board not to require a subdivision
(unless the B&B was considered a single use?); the multi uses have not been in place for 20 years (to be grandfathered). CEO suggested it is not a matter of use, but number of units, and just because a subdivision wasn’t done, does not mean that one doesn’t need to be done now. Mrs. Jones expressed concerns about setting a precedent. Vice Chair Clunan and Mr. Tracy agreed that the proposed use would not create any more impact than the current use. Dr. Fox said he had somewhat the same feelings as Mrs. Jones; however the Subdivision Ordinance doesn’t necessarily provide guidance to the Board in its decision making process, in this instance. A review might be beneficial. Attorney Giunta maintained that the number of uses is grandfathered. Mrs. Jones and CEO agreed that the use is not grandfathered and that the uses were created over a period of time with no documentation of exactly when and how many. CEO quoted
from Maine law Title 30-A §4401 – 4407: “leased dwelling units [Town ordinance considers leased dwelling units same as commercial use] are not subject to subdivision review if the municipal reviewing authority has determined that the units are otherwise subject to municipals review at least as stringent as that required under this subchapter [Town Subdivision Ordinance]” and suggested the Board review this proposal under Section 6 of the Town Land Use Zoning Ordinance.
Board discussed at great length the advisability of reviewing the proposal under LUZO Section 6 and agreed that it could be considered as stringent as a subdivision review.
MOTION MADE AND SECONDED (Tracy/Jones) TO REOPEN THE ABOVE CONDITIONAL USE PERMIT APPLICATION UNDER SECTION III. A. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
A thorough discussion of the matter and further consideration of LUZO Section 6 resulted in the following motion and condition:
MOTION MADE AND SECONDED (Coolidge/Fox) THAT A SUBDIVISION REVIEW WAS UNNECESSARY BECAUSE THE BOARD FINDS AS STATED IN Maine law Title 30-A §4401 – 4407 THAT LUZO SECTION 6 IS AT LEAST AS STRINGENT AS THE SUBDIVISION IN RESPECT TO THIS APPLICATION; AUTHORIZATION CONDITIONAL TO APPROVAL OF A CONDITIONAL USE PERMIT FOR THE PARKING SPACES LOCATED AT TRACY ROAD, NORTHEAST HARBOR, MAINE. A VOTE WAS CALLED AND THE MOTION WITH CONDITION CARRIED UNANIMOUSLY.
V. Unfinished Business
A. Daniel M. Kimball/Agent CES, Inc.
Tax Map 24 Lot 126 Village Residential 2
Subdivision Application – Completeness Review
Greg Johnston, CES, Inc. spoke for Mr. Daniel Kimball and Kimball Farm LLC. This is a seven lot subdivision with 6 lots being developed, across from the Kimball Terrace Inn and will be served by public water and sewer. They are asking for input from the Board as far as the completeness of the application.
Board suggested obtaining a letter from the Fire Chief regarding the accessibility of the T-drive.
Board reviewed Sections 4.2.1, 4.2.2, and 4.2.3 of the Subdivision Ordinance and found the application to be complete with the exception of submission of the final plat plan with covenants. The application is now pending. The public hearing is scheduled for July 14, 2003.
VI. Meeting adjourned at 7:50 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, June 23, 2003 in the Meeting Room, Town Hall, Northeast Harbor.
| 
