Town of Mount Desert Planning Board Approved
Minutes of October 27, 2003 11/10/2003
Board Members Present Public Present
James Clunan, Vice Chairman Connie Shea Kelly Brown
Heather Jones, Secretary Brian Shaw Sarah Dunbar
Samuel M. Fox III Eve Harrison Mary Elizabeth Renault
Joseph Tracy Jeff Crafts Joe Renault
Robert Coolidge, alt Stephen Caromile Chris Moore
Stephen Zirnkilton, alt Lucas Dunbar Michael Phillips
Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the October 14, 2003 meeting were unanimously approved as circulated.
III. Public Hearings – Subdivision Application 6:05 p.m.
A. OWNER – Brian D. Shaw
SUBDIVSION NAME – Long Pond Vista
APPLICANT/Representative – ces, inc.
Map 09 Lot 10-2, Shoreland Residential 5 and Rural Woodlands 2 Zone
Ripples Road, Beech Hill Site Inspection 3:00 PM
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 Robert Coolidge are the voting members for this hearing.
Jeff Crafts, CES, Inc., reported that the final plat is ready in draft form for tonight’s meeting.
Mr. Coolidge asked if there are any restrictive covenants and Mr. Crafts replied there are none.
LAND USE ZONING ORDINANCE STANDARDS OF SECTION 6.:
6.1 EXPERT TESTIMONY The Board finds testimony from CES, Inc. and owner Brian Shaw complies.
6.2 LAND SUITABILITY The Board finds presentation by CES, Inc. adequately complies. Lots include adequate area suitable for house construction purposes; topography is generally conducive to residential construction; use is low density residential development; soils are suitable.
6.3 SANITARY STANDARDS The Board finds material provided by the applicant regarding subsurface disposal to be in conformance with All Maine State standards.
6.4 EROSION CONTROL The Board finds the application to be in compliance. Best Management Practices will be followed as noted on Proposed Site Plan (C2).
6.5 VEGETATION The Board finds application in compliance. As noted on Proposed Site Plan (C2), tree removal shall be in accordance with Town of Mount Desert Standards and Maine State Shoreland Zoning Act.
6.6 COMPATIBILITY The Board finds the application in compliance.
6.7 IMPACT ON TOWN SERVICES The Board finds the proposed subdivision shall not unduly burden any Town Services as described in this section.
6.8 HIGHWAY SAFETY The Board finds the proposed subdivision will not cause unreasonable highway or public road congestion or unsafe conditions.
6.9 PRESERVING TOWN’S CHARACTER The Board finds the application is in compliance.
6.10 NUISANCES The Board finds the application is in conformance with this section.
MOTION MADE AND SECONDED (Coolidge/Fox) TO APPROVE THE SUBDIVISION APPLICATION AS PRESENTED. A VOTE WAS CALLED AND THE MOTION CARRIED 5-0.
IV. Unfinished Business
V. New Business
A. Michael Phillips
Tax Map 24 Lot 101 Village Commercial Zone
11 Sea Street, Northeast Harbor
Subdivision Building Sketch Plan Review
Mr. Coolidge recused himself as a representative of Mr. Phillips. Mr. Phillips explained the project as a multi-purpose building with several commercial, residential, and office spaces. Currently planned are 5 - 7 parking spaces behind the building. One of the commercial uses will be in the basement/grade level. The first level will house a tearoom and gourmet provisioning retail store. Building will be in local, traditional wood siding. The existing building will be removed. The lot size is approximately 8000 square feet. The current plan calls for 75% coverage with 5 ft setbacks. Offices & retail uses are permitted. However, residential and restaurant uses need Conditional Use Permits. The first step is to apply for a Conditional Use Permit (CUP) for
the residential use. Mr. Phillips asked the Board for guidance concerning parking since there are not clear guidelines in the LUZO. Parking may affect how many residential units are planned. Mr. Phillips noted he has the potential of obtaining a lease for more parking spaces if needed. Mr. Coolidge initiated discussion concerning the proposed building height. Due to the slope of the land, it would be easy to exceed the 40 feet height limit by 8 to 12 feet. Mr. Tracy suggested that by measuring from each point the excess might be limited to 4 to 8 feet. Mr. Phillips noted that the residential space might be used as a Bed & Breakfast which could alleviate some of the parking spaces. There is a probability of three separate CUP applications: residential use in a commercial district, restaurant, and height variance. B&B would mean the need for a 4th CUP.
B. Thomas Brown, Joseph P. Renault III, Lucas Dunbar
Tax Map 11 Lot 108 Rural Woodland 3 Zone
Pretty Marsh, Mount Desert
Subdivision Land Sketch Plan Review
Joe Renault spoke for the applicants and described the proposal as a land subdivision, dividing the existing lot into 6 lots. He noted there is currently a road to the lots. There will be a right-of-way to each parcel. Board could see no obvious problems. The next step for the applicants is to obtain the Subdivision Ordinance and submit an application.
C. Proposed LUZO & Subdivision Ordinance changes
Board decided to hold a Public Hearing on proposed changes at its regularly scheduled meeting 11/24/03. Joelle and Robert will provide the wording for the proposed changes.
VI. Meeting adjourned at 7:23 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, November 10, 2003 in the Meeting Room, Town Hall, Northeast Harbor.
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