Public Present
David Ashmore, Dan Falt, Noah Hodgetts, Kathleen Miller, Stephanie Kelley-Reece
Board Members Present
Sandy Andrews; Ellen Brawley, Chair, James Clunan, Vice Chairman; Robert Ho; Gerard M. Miller, alt; Joseph Tracy
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:03 p.m.
II. Public Hearings
Conditional Use Approval Application(s):
A. Conditional Use Approval Application # 020-2010
OWNER(S): Daniel James Falt
LOCATION: 7 Forest Lane, Northeast Harbor
TAX MAP: 24 LOT: 21 ZONE(S): VC/VR1
PURPOSE: Section 3.4 - Single Family Dwelling
SITE INSPECTION: 3:00PM
No conflict of interest was reported. Sandy Andrews; Ellen Brawley, Chair, James Clunan, Vice Chairman; Robert Ho; Joseph Tracy are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on December 29, 2010.
Site Inspection was attended by Mr. Miller, Mr. Clunan, Mr. Andrews, and Ms. Brawley. As reported by Mr. Clunan, the structure is a 22 x 20 foot building located behind the owner’s barn/workshop. There was another building near the location that has burned down. The property is located in the VC district and is surrounded by other larger residential buildings.
Mr. Falt would like to change of use of the structure from a workshop currently under construction to a single family dwelling. Village Commercial zoning requires single family dwellings to come before the Planning Board.
MOTION TO APPROVE MADE BY Mr. Clunan; SECONDED BY Mr. Ho .
The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows: See attached checklist for CUA # 020-2010.
A VOTE WAS CALLED AND THE MOTION TO APPROVE WITH NO CONDITIONS CARRIED UNANIMOUSLY (5-0).
III. Subdivision Approval Application
Subdivision Sketch Plan:
David Burr – 6 Gilpatrick Lane & 7 Maple Lane – land merger with abutters as defined in Title 30-A § 4401 (D) (6).
Mr. Burr needs to go through the approval process again since the prior approval wasn’t filed within 90 days. The board members found that nothing has changed and that the process should continue to the next phase.
Mr. Andrews MOVED that the board find there are no changes to the application, the sketch plan is complete, and that the applicant move forward to the next phase which is the completeness review; Seconded by Mr. Tracy. APPROVED (6-0)
IV. Workshop
Presentation by Noah Hodgett and discussion of Restore NEH's proposed LUZO language.
Mr. Andrews interprets the email from the Maine Municipal Association as allowing the town to use the proposed footnote, essentially creating the “subzone”. Mr. Hodgetts presented language he suggests for the footnote and the list of lots that the footnote would apply to.
Insert language from Noah here.
(See attached map provided by Mr. Hodgetts; Restore NEH.)
A discussion ensued whether the language proposed by Mr. Hodgetts should pertain only to the YELLOW highlighted lots on the map or include other properties such as those in GREEN. The board decided to include all YELLOW highlighted lots and SR Tracy as the main business district for which the footnote would apply.
Mr. Andrews brought up for discussion the unintended consequence of a business property that abuts a residential property and that the business owner could build right up to the property line. He suggested adding language to the footnote so that the setback reverts to the original 5’ setback on a boundary bordering residential property.
Ms. Kelley-Reece, owner of Colonel’s, stated that, as a business owner on Main Street, their interest in the 0’ setback is to eliminate the “alley-way” look and present the appearance of uniform construction without alleys.
Ms. Keene suggested that this item be put this on the warrant as a separate article for the May 2011 Town Meeting. Mr. Hodgetts must present the revised wording and notices should be sent to the effected residences.
V. Other Business
The Historical Society would like to put up banners in celebration the 250th anniversary of the European settlement of the island. Banners are permitted in the LUZO, but the Historical Society want them up for the whole year. Due to the duration and number of banners to be displayed, the board suggested that the Historical Society present their plan to the Board of Selectmen (BOS) for approval. The Planning Board will recommend that the BOS allows this in accordance with LUZO definitions and that any banner found to be a nuisance be removed.
MOTION to recommend to the BOS the display of banners by the Historical Society for the remainder of the year with the stipulation that any banner found to be a nuisance be promptly removed by Mr. Ho; SECONDED by Mr. Andrews. APPROVED (5-1) (Miller- no)
CEO Keene, said the Ambulance Service is looking to relocate to another location and would the board consider it falling under Services 3 (not wholly enclosed). The town’s attorney, Mr. Collier, recommends this classification because they would be adding a garage to the end of the medical building. The board discussed applying Services 3 vs. Services 2 (wholly enclosed) and determined that this would fall under Services 2, since the ambulance would be within an enclosed garage, just as a vehicle would be for an electrician, carpenter, etc. and that the permit would fall under the CEO’s jurisdiction.
MOTION to find that the use of the ambulance service is similar to Services 2 by Mr. Andrews; SECONDED by Mr. Clunan. APPROVED (5-0)
VI. Approval of Minutes
The minutes from October 12 and December 13, 2010 meetings were unanimously approved as amended.
MOTION to approve the minutes from the October 12, 2010 meeting as amended by Mr. Clunan; SECONDED by Mr. Miller. APPROVED (4-0)
MOTION to approve the minutes from the December 13, 2010 meeting as amended by Mr. Clunan; SECONDED by Mr. Ho. APPROVED (4-0)
VII. Meeting adjourned at 7:28 p.m. The next scheduled meeting is at 4:00 p.m., Thursday, January 13, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
ORIGINAL SIGNATURE ON FILE IN TOWN OFFICE
Sandy Andrews, Secretary Pro-tem
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