Town of Mount Desert Planning Board Approved
Minutes of August 25, 2003 09-08-2003
Board Members Present Public Present
Marc Sevigny, Chairman Jeff Crafts Chris Farley
James Clunan, Vice Chairman Steve Caromile Holly Manheim
Heather Jones, Secretary Brian Shaw Basil Mahaney
Samuel M. Fox III Connie Shea Timothy Thomas
Joseph Tracy Alice Carter Tammy Thomas
Robert Coolidge, alt Katrina Carter Jessica St Amand
Stephen Zirnkilton, alt Robert Pyle Roger St Amand
Brent Hamor, CEO; Barbara Williams, Assistant; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the July 28, 2003 meeting were unanimously approved as circulated.
III. Unfinished Business
IV. New Business
A. Virginia S. Phelps/Agents Roger & Jessica St. Amand
Tax Map 25 Lot 15
Subdivision Sketch Plan Review
Mr. St. Amand presented the Board a sketch of the proposed lot division of the Phelps’ property showing a 3 lots division. CEO explained that the property is in the Shoreland Commercial Zone. Abutting properties are Shoreland Residential One (SR1). However, lots across the street are Village Residential One (VR1). Board discussed the various zoning requirements, particularly as they relate to buildable lot size. Reference was made to LUZO Section 3.6 Note (g): “Primary residential use in a Commercial District must meet the dimensional requirements of the adjacent residential district”. The St. Amands suggested that since the proposed lots are more than 250 feet from the shoreland the proposed lots could qualify for a zone change to Shoreland Residential 1 or Village
Residential one. Zoning change would have to go through the proper channels of Town Meeting and any suggestion of spot zoning would have to be avoided. Board discussed possibility that there could be more than one adjacent district, and does the Board have the flexibility to decide which one applies. Board requested that CEO question MMA on this issue. A guest house would be allowed, as the zoning now stands.
Board will visit the site individually prior to the next meeting.
B. Brian D. Shaw/Agent CES, Inc.
Tax Map 9 Lot 10-2
Subdivision Sketch Plan Review – Long Pond Vista
Jeff Crafts and Steve Caromile, CES, Inc. representing Brian Shaw/Long Pond Vista as agents described the proposal as part of the Farnum Subdivision approved in June 2002. Long Pond Vista is the southern most lot and proposed division of 6 lots. Test pits have been done and show suitable septic on all lots. There will be a cul-de-sac (Vista Way) with private drives to lots on water. Three lots are in Shoreland Residential 5 Zone and 3 are in Rural Woodland2. Road frontages discussed: Shoreland Residential 5 requires 150 feet on the road, and Rural Woodland 2 requires 175 feet.
Site Inspection 4:30 September 8, 2003
C. Timothy Thomas
Tax Map 25 Lot 111-3
5 Lyman Lane, Northeast Harbor
Discussion: closure of Lyman Lane at Church Road intersection
Timothy Thomas was present and gave the Board a packet of information containing a letter and portions of the October 2002 Lyman Lane Subdivision. The letter, purportedly from Lyman Lane residents, suggests installing an unlocked gate at the west end of Lyman Lane, rather than blocking the road. Mr. Thomas described the problem as one with vehicular traffic, not pedestrian.
Letters from Fire Chief Farley and Lyman Lane resident Joanne Robbins were acknowledged. Both letters pointed out safety issues caused by the road blockage, and the fact that blocking the road violates the subdivision plan.
Mr. Robert Pyle stated there are at least 6 deeded right-of-ways for the egress and ingress in Lyman Lane. He reiterated concerns about safety and described an “attack plan” developed by the Fire Department using Lyman Lane. Chief Farley confirmed the plan is still in place. CEO suggested the use of speed bumps; however, they may not be a good idea for safety vehicles. Mr. Basil Mahaney a firefighter here and in southern Maine noted he has been in fire trucks and ambulances traveling over speed bumps. He said they are a deterrent to safety. When asked if he has objection to a gate, even unlocked, Chief Farley said yes he does object, in part due to the time it takes to open one in an emergency. Mr. Pyle commented that the problem of vehicular traffic may disappear once
the school construction is done.
Board agreed to uphold CEO’s order to remove all barriers that are preventing travel over Lyman Lane. The barriers are in violation of subdivision application and cause safety hazards.
Mr. Thomas asked about the application process for a subdivision revision, the use of speed bumps, and for ideas how to alleviate use of Lyman Lane by the public. Board gave Mr. Thomas an overview of the subdivision revision process and referred him to the CEO for more detail. There was a lengthy discussion of speed bumps. Most of the Board and Chief Farley agreed that speed bumps would impede the ability of the Fire Department, Police Department, and Ambulance Service to provide safety services. The use of signs of either/both ends of the road was suggested as a method of deterring public use.
D. Meeting Dates
Discussion: September meetings are currently scheduled for the 15th and 29th;
Consider changing to 8th and 22nd – Board agreed to change dates back to its normal schedule of 2nd and 4th Monday of the month.
E. Heather Jones announced that she will be unavailable for the November and December meetings due to the impending birth of her second child. Board will make use of alternate members.
V. Meeting adjourned at 7:50 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, September 8, 2003 in the Meeting Room, Town Hall, Northeast Harbor.
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