Board Members Present Public Present
Marc Sevigny, Chairman Greg Johnston, CES
James Clunan, Vice Chairman Daniel Kimball
Heather Jones, Secretary
Samuel M. Fox III
Joseph Tracy
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 July 14, 2003 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
A. NAME: Burr Family Residential Trust
LOCATION: 4 Huntington Rd, Northeast Harbor
TAX MAP: 24 LOT: 124 ZONE: Village Commercial
PURPOSE: 88 feet of 8 ft high fence
SITE INSPECTION: 5:40 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 Mrs. Jones. The fence has been in place for a month or so. The finished side is facing the applicant’s property; however, the abutter has submitted a letter stating he has no objection. The purpose of the fence is to discourage children from entering the abutter’s worksite and to conceal the worksite from the Burr property for the sake of the renters.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Jones).
Dr. Fox expressed concerns about allowing the unfinished side of the fence to face the abutter’s property. It may not be healthy for the Board’s function to bend the rules. Mr. Tracy disagreed saying he doesn’t care to interfere between mutually agreeable owners/abutters. Mr. Clunan referred to LUZO Section 3.4.7 “The structural side of the fence shall not face the public view.” -. there really isn’t a “public” in this case. Chairman Sevigny noted that the finished side of the fence “faces” the road [public view].
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. Unfinished Business
A. OWNER – The Kimball Farm, LLC
SUBDIVSION NAME – Kimball Farm
APPLICANT/Representative – ces, inc.
Map 24 Lot 126, Village Residential 2 Zone
Huntington Street, Northeast Harbor
Submittal of Final Plat Plan for Planning Board signatures
Mr. Johnston, representative from CES, Inc., reported that the final plat is not ready because in accordance with the LUZO Section 3.6 Note (d), Kimball Farm LLC as owners of all adjacent lots, would like to enter into agreement to reduce the building setback distances from 15 feet to 10 feet for structures on Lots 1 through 6 in locations as highlighted on the plan presented with the request, and that would become the Final Plat Plan if the request is approved. Mr. Kimball explained the architect has suggested a type of housing with eves that have an extended overhang. Chairman Sevigny stated that his interpretation of Note (d) is that common ownership does not constitute being an abutter and the setback restrictions may not be waived. Board discussed the issue at length and agreed to have the CEO ask MMA
Legal Services for an opinion: analysis of LUZO Section 3.6 Note (d) can common owners of lots nullify the restrictions on set backs. Board agreed that once the opinion is received the CEO will notify CES, Inc. and the Final Plat Plan may be submitted for signing – depending on the placement of lot lines.
V. New Business
A. Dr. Fox initiated a discussion about fences greater than 6 feet high. He believes it is disruptive of appearance and community sense to allow 8 foot high fences, particularly in the more densely populated villages. He requested that ORC review the LUZO language concerning fences and recommended that property owners should not erect solid fences greater than 6 feet high, particularly when houses are adjacent. Mr. Clunan said doesn’t like fences either, but the Board does have to abide by the LUZO. Chairman Sevigny cited specific areas of the LUZO that are used regarding fences and said he believes there is sufficient language in the LUZO. He said the Board does not necessarily set precedents with its decisions on fences – decisions are on a case
by case basis.
B. Mrs. Jones brought up the subject of after-the-fact Conditional Use Permit applications and wondered if a higher fee should be charged. Chairman Sevigny noted that this subject has been discussed in the past and he has recently talked with the CEO about them. Chairman Sevigny favors a civil approach – most people just don’t realize the permit is needed.
Mrs. Jones also asked about Scott Baltz’s mail box on the corner of Pretty Marsh Rd and Route 102/Main Street, Somesville – it has obstructed the view for right hand turns, and it appears to be used solely for “advertising”. It is her understanding that he actually receives his mail at the Post Office. CEO reported that the mail box has been moved back once; it may be that there is a second request for it to be moved again. As for the “advertising” and non-use of the box, there is nothing in the CEO’s jurisdiction for removal of the box; however, there may be cause under Federal law if the use could be construed as fraud.
VI. Meeting adjourned at 7:10 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, August 25, 2003 in the Meeting Room, Town Hall, Northeast Harbor.
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