Town of Mount Desert Planning Board Approved
Minutes of November 24, 2003 12-08-03
Board Members Present Public Present
Marc Sevigny, Chairman
Samuel M. Fox III
Joseph Tracy
Robert Coolidge, alt
Stephen Zirnkilton, alt
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 November 10, 2003 meeting were unanimously approved as circulated.
Town Manager MacDonald and Jerry Suminsby, Board of Selectmen liaison to the Ordinance Review Committee presented the Board with proposed amendments to the Subdivision Ordinance and Land Use Zoning Ordinance regarding Cluster (Open Space) Development. Board decided to have a special meeting 12/15/03 at 4:00 p.m. for holding a public hearing on the additional proposed amendments. Advertising will take place in the Bangor Daily News Saturday, November 29, 2003 and in the Bar Harbor Times Thursday, December 4, 2003. The Ordinance Review Committee will join the Planning Board for the public hearing.
IV. Public Hearings - Conditional Use Permits
A. NAME: Michael Panco
LOCATION: 15 Gray Farm Rd, Pretty Marsh
TAX MAP: 11 LOT: 67 ZONE: SR3
PURPOSE: seasonal ramp (18ft) and float (8ft x 12ft) for kayaks on Goose Marsh Pond
SITE INSPECTION: 2:45 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The members present are the voting members for this hearing.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Coolidge).
Mr. Panco reiterated his request.
Site Inspection reported by Dr. Fox. Mr. Tracy asked about complete dimensions of the structures. Dimensions were determined and noted on the application.
The Standards of Sections 3.4.14 and 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 4-0.
B. NAME: Otter Creek Properties, Inc./Jeff Katz, Agent
LOCATION: 12 Walls St, Otter Creek
TAX MAP: 33 LOT: 13 ZONE: VR1
PURPOSE: multi-family dwelling/3 units
SITE INSPECTION: 3:30 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The members present are the voting members for this hearing.
Chairman Sevigny acknowledged receipt of a letter from Derf McKeeton and Vivien Igras, distributed copies and asked that the letter be made a part of the record.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Coolidge/Fox).
Chairman Sevigny noted each application is reviewed on its own merits. He then referred to Subdivision Ordinance Section 3.1. Definition of Subdivisions, specifically “The term subdivision shall also include such developments as mobile home parks, multiple family dwelling(s)...which include 3 or more countable lots…”. 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]”. Is LUZO Section 6 Standards at least as restrictive as the
Subdivision Ordinance? Mr. Coolidge thinks not, as does Mr. Tracy. Therefore, a 3 unit dwelling would have to be reviewed as a subdivision. A 2 unit building would not require a Conditional Use Permit, nor would it be a subdivision; the CEO would simply issue a building permit.
Mr. Tracy expressed concerns about seasonal rentals – would the owner be willing to confine rental to year round and not allow seasonal subletting? Mr. Katz said yes, they hoped to target people working at the Jackson Laboratory.
Mr. Katz decided to withdraw this application. The owner may pursue options such as the 2 unit dwelling or applying for a subdivision.
C. NAME: Cheryl Shields/Emil Gagliardi, Applicant
LOCATION: 1 Firehouse Lane, Northeast Harbor
TAX MAP: 24 LOT: 108-1 ZONE: VC
PURPOSE: restaurant
SITE INSPECTION: 4:00 p.m.
D. NAME: Cheryl Shields/Melanie Schreiber, Applicant
LOCATION: 2 Firehouse Lane, Northeast Harbor
TAX MAP: 24 LOT: 108-1 ZONE: VC
PURPOSE: restaurant
SITE INSPECTION: 4:00 p.m.
Board agreed to hear both applications simultaneously.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The members present are the voting members for this hearing.
Chairman Sevigny acknowledged receipt of a letter from abutting property owners Nancy Brickley and Susan Stanley, distributed copies, and asked that the letter be made a part of the record.
Site Inspection reported by Mr. Coolidge. Board agreed the uses do not constitute a subdivision.
Mr. Gagliardi responded to the Brickley/Stanley letter. He does not see deliveries as an added problem. There will be beer and wine only, no bar. The proposed hours of operation are 3:00 p.m. to 10:00 p.m. Trash containers will be concealed. Seating requested, as shown on the application, for the restaurant would be a maximum of 52 inside and 62 outside. CEO researched seating capacity according to Life Safety 101 Code and it appears the maximum seating inside would be 45 if the area is 300 sq feet. Outside seating maximum would be 55.
Mr. Tracy expressed concerns about the lack of information on the application. He would like to see a plan-to-scale and have a definitive number for the seating plan. Signs were discussed; 32 sq. ft. aggregate allowed for each business.
MOTION MADE AND SECONDED TO APPROVE BOTH APPLICATIONS (Coolidge/Fox).
The Standards of Section 6.1 through 6.5, 6.7, 6.8, and 6.9 of the LUZO, as amended March 4, 2003, were reviewed and found to be in conformance, as noted on the application. Section 6.6 and 6.10 to be revisited regarding density.
Application tabled until December 8, 2003.
III. Public Hearing – Proposed Amendments to Land Use Zoning Ordinance and Subdivision Ordinance
Although the Public Hearing was advertised to begin at 6:05 p.m., it was postponed to later in the meeting – no one was present to make comment.
The Public Hearing opened at 8:25 p.m. There being no public present and no public comment, the Public Hearing closed at 8:26 p.m.
MOTION MADE, SECONDED (Fox/Coolidge) AND UNANIMOUSLY CARRIED TO RECOMMENDED THE PROPOSED CHANGES TO THE LAND USE ZONING ORDINANCE AND SUBDIVISION ORDINACE AS PRINTED [copy to be made a part of this record].
V. Unfinished Business
None presented
VI. New Business
None presented
VII. Meeting adjourned at 8:30 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, December 8, 2003 in the Meeting Room, Town Hall, Northeast Harbor.
[Land Use Zoning Ordinance]
Article ??. Shall the Inhabitants of the Town of Mount Desert amend the Land Use Zoning Ordinance (LUZO) of the Town of Mount Desert as set forth below?
Section 3.5 Permitted, Conditional, and Excluded uses by District
Article ??. Shall the Inhabitants of the Town of Mount Desert amend the Land Use Zoning Ordinance (LUZO) of the Town of Mount Desert as set forth below?
6.9 Preserving the Town's Character: The proposed use shall be consistent with protecting the general character of the Town, conserving the natural beauty of the area and shall not tend to change the historical or cultural character of the neighborhood. Such use shall be similar to a use specified as P, CEO or C in Section 3.5 and shall be in accord with the Comprehensive Plan.
[Subdivision Ordinance]
Article ??. Shall the Inhabitants of the Town of Mount Desert amend the Subdivision Ordinance of the Town of Mount Desert as set forth below?
4.2.1 Information on the Applicant
1. Name of applicant (oOwner)
2. Name of Applicant agent (if other than owner) with attached authorization for agent by owner.
3. If Applicant is a corporation, state whether the corporation is licensed to do business in Maine, and attach copy of Secretary of State's Registration.
4. Name of Applicant's authorized representative and authorization.
5. Name, address, and number of Registered Professional Engineer, Land Surveyor, or Planner.
6. Address to which all correspondence from the Board should be sent.
7. What interest does the Applicant have in the parcel to be subdivided (option, land purchase contract, record ownership, etc.)?
8. What interest does the applicant have in any property abutting parcel to be subdivided?
9. State whether preliminary plat plan covers entire, contiguous holdings of owner.
Article ??. Shall the Inhabitants of the Town of Mount Desert amend the Subdivision Ordinance of the Town of Mount Desert as set forth below?
4.6 Submission of Final Plat Plan
4.6.1 Within 6 2 months of the date of Completeness Review as set forth in Section 4.4 above, the end of the Public Hearing in 4.5 above, the subdivider shall submit the Final Plat Plan to the Board. Failure to submit the Final Plat Plan within the designated time period shall require the submission of a new subdivision application, unless such delay is caused by the applicant complying with Section 5.2.
Article ??. Shall the Inhabitants of the Town of Mount Desert amend the Subdivision Ordinance of the Town of Mount Desert as set forth below?
5.14 Street Design and Construction
5.14.1 Widths of rights_of way for road construction shall be not less than fifty (50) feet. The design and construction of all streets and roads shall be in accordance with the State Aid Road Specifications of the State of Maine Department of Transportation. Where an access road from a public road or highway is required to serve 3 or more lots, said access road shall be in accordance with the standards given below:
Street Construction Standards
Minimum Right of Way Width 50 ft
Minimum pavement road Width 16 18 ft
Minimum Grade .5%
Maximum Grade* 12 10%
Minimum Centerline Radius 150 ft
Minimum Tangent between Curves of reverse alignment 50 ft
Roadway Crown 1/4 in/ft Minimum Angle of street intersection** (degrees) 75
Maximum Grade within 75 ft of intersection 2%
Minimum curb radii at intersections 14 15 ft
Minimum R/O/W radii at intersections 10 ft
Minimum width of shoulders (each side) 3 ft
Minimum thickness of material after compaction 18 in
Street Materials:
Aggregate Sub_base Course (Maximum Sized Stone 4 in)
Crushed Aggregate Base Course 3 in
Hot Bituminous Pavement _ Total Thickness 2 in
_ Surface Course 1 in
_ Base Course 1 in
* Maximum grade may be exceeded for a length of 100 feet or less, upon approval of the Planning Board
** Street intersection angles shall be as close to 90 degrees as feasible but no less than the listed angle.
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