Planning Board Meeting Minutes
April 11, 2011
Public Present
William C. Fernald, Robert B. Fernald, Carroll Fernald, Tom Fernald, Jean Fernald, Kirk Ritter, Chris Murray, Katrina Carter, and Noel Musson
Board Members Present
Sandy Andrews; Ellen Brawley, Chair; James Clunan, Vice Chairman; and Joseph Tracy
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. Public Hearings
Conditional Use Approval Application(s):
A. Conditional Use Approval Application #005-2011
OWNER(S): Mount Desert Yacht Yard Inc.
LEASEE: Morris Yachts
AGENT(S): Noel Musson, CES Inc.
LOCATION: 14 Harbor Drive, Northeast Harbor
TAX MAP: 26 LOT(S): 46 ZONE(S): SC – Shoreland Commercial
PURPOSE: Change of use from boat service/repair facility to a Marina.
Expand existing float system.
SITE INSPECTION: 4:00 PM
No conflict of interest was reported. Sandy Andrews, Ellen Brawley, James Clunan, and Joseph Tracy are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on March 30, 2011.
Site Inspection was attended by Chairman Brawley and Mr. Andrews and reported by Mr. Andrews. The site is located at the yard that Morris rents from Mt. Desert Yacht yard. The intent is to expand the use and add two 40’ floats to go off in a northeasterly direction from the existing floats. The drawing accompanying the application is a survey and is properly scaled.
Mr. Musson went over a change to the drawing that completes the connection. The project will change the use from boat storage and repair to include the rental of slips and marina services. The only physical change to the property would be the addition of two 40’ floats. Provision of fuel is not intended to be part of the proposal.
The applicant wants to include marina uses with the service operations. The marina uses from the LUZO were read by Chairman Brawley.
CEO Keene has had no discussion with or received any comments from the public.
It was reported that Harbormaster Murphy of the Northeast Harbor marina was approached with the plan by a representative from Morris Yachts and he had no problem with the change in services. Five or six years ago he asked that the floats be removed since they were constructed without the proper permissions. The harbor is no longer part of the Federal Navigation Project and is therefore no longer a federally regulated area.
MOTION TO APPROVE the application WAS MADE BY Mr. Tracy; SECONDED BY Mr. Clunan.
The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows: See attached checklist for CUA # 005-2011.
MOTION TO APPROVE with the stipulated conditions was MADE BY Mr.Clunan; SECONDED BY Mr. Tracy. (4-0)
A VOTE WAS CALLED AND THE MOTION TO APPROVE CUA# 005-2011 CARRIED UNANIMOUSLY (4-0).
III. Other Business
- 1112 Main Street, LLC – 1112 Main Street, Somesville – Tax Map 21 Lot 35 – Section 4.4 Non-conforming Uses Subsection 2 Resumption Prohibited – A request proposed for granting a one year extension of the non-conforming use of the property.
No conflict of interest was reported. Sandy Andrews, Ellen Brawley, James Clunan, and Joseph Tracy are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on March 30, 2011 and that abutters were notified as a courtesy.
The property is the site of the old Port in the Storm bookstore in Somesville. Mr. Tom Fernald reported to the board that they lost the tenant last year and that they have a few potentially interested tenants. According to the LUZO, the non-conforming use grandfathered status runs out at the end of April, 2011. The Fernalds are requesting that the Planning Board extend the grandfathering of the non-conforming use so that they can put a new tenant in the building.
Mr. Tracy clarified with other board members that if the use is a continuation (retail for retail), the Fernalds would not need to come before the board for approval. Mr. Clunan told the owners that an extension on the grandfathered use can only be done one time. It is important to not let the non-conforming use of the retail property lapse. If it does lapse, the grandfathering is lost forever unless the zoning was to change in the future.
MOTION TO APPROVE the extension of the permission to continue the non-conforming use of the property as a retail space for one year WAS MADE BY Mr. Tracy; SECONDED BY Mr. Clunan.
A VOTE WAS CALLED AND THE MOTION TO APPROVE the extension of the non-conforming use CARRIED UNANIMOUSLY (4-0).
Mr. Clunan wondered if there is anything that can be done about properties that are eyesores. CEO Keene stated that the town can’t regulate or require the upkeep of properties unless it is written into the ordinance.
The Higgins property located on S&H Lane was discussed. The property is in foreclosure and the bank will be taking over the vegetation requirements.
Chairman Brawley brought up the revitalization committee meeting scheduled for next Monday. It was publicized that members of the board would be attending the meeting. Mr. Andrews said he would attend and Ms. Keene said she would be attending as well.
Mr. Clunan brought up the 3-sided sign at Main Street Variety to CEO Keene’s attention to see if it is within the LUZO limitations on signage.
IV. Workshop
Vistas and Views: Discussion of the list of candidates for the vistas and views ordinance.
The board began a discussion of how to approach the creation of an ordinance. The consensus was that a list of areas that an ordinance would apply to would need to be designated and included in an ordinance and that they would need to be plotted on a map. Mr. Rothe sent sample vista/view ordinances from other towns in ME and Mr. Andrews thought they should be re-circulated for review by the other board members. The work has already been done by other towns and we could use them as a starting place. Copies will be made and distributed to other board members. CEO Keene also had a copy of the Scenic Assessment Handbook from the State Planning Office’s Maine Coastal Program. Copies of this handbook will also be made and distributed to board members.
Chairman Brawley read an article about a town in Virginia that denied cell phone towers and were sued by a communications company for violating the federal telecommunications act. The federal court decided in favor of the town based of the fact that their zoning rules were written in such a way as to give residential areas protection from industrial applications (such as cell phone towers). In the case of the Virginia town, cell phone towers are allowed only by “special exception” permit similar to our Conditional Use permit. The permits take into consideration lot size, setback requirements, and the effect that a project might have on the surrounding area. Mr. Andrews commented that our ordinance already has these items as well as height restrictions for structures. Chairman
Brawley read the LUZO pertaining to the height of a tower.
Looking for a place to begin work on the ordinance, the question was brought up: Are we only to be concerned with views from a public road? Mr. Musson suggested putting these proposed locations on a map as a place to start. Mr. Andrews thought the town should hire a consultant in regards as to how to proceed. Mr. Tracy thought the board could use ordinances from similar towns as a place to start.
Mr. Clunan wondered if there was a place to put in CUA permits stating that the board would take into consideration scenic views and come up with standards to apply to it. Mr. Musson brought up Ridgeline standards as an example. The town also needs standards for fields and water bodies. Other needs to be addressed are items listed in the comprehensive plan pertaining to slopes greater than 25% and/or atop ridgelines. (pg. 74 Comprehensive Plan; Implementation Strategies) The town only has stormwater guidelines for slopes greater than 25%; there are no visual guidelines for regulating development with regards to the visual impact of a project near or afar.
Mr. Tracy and Mr. Andrews pointed out that the idea is not to confiscate the land but to allow owners to enjoy their land and their views with minimal impact to the views from other areas by the public. These could include height restrictions, non-reflective materials, colors that blend, architecture, etc.
Mr. Tracy encouraged the board to stop by a see an example of a scenic vista that is no longer available due to a land owner obstructing the view. The view disappeared about 25 years ago because the owner put up a 6’ blockade fence which blocks the view. The location is south of Somesville by the pump station looking out towards the little island in Somesville Harbor. He said it’s a tragedy that the view is no longer available to the public. It was noted that views also disappear from natural tree growth.
V. The draft minutes from the March 14, 2011 meeting were unanimously approved.
A MOTION to approve the minutes from the March 14, 2011 meeting as amended was MADE BY MR. Clunan; SECONDED by MR. Tracy. (4-0).
A VOTE WAS CALLED AND THE MOTION TO APPROVE the March 14, 2011 minutes CARRIED UNANIMOUSLY. (4-0)
VI. Meeting adjourned at 8:06 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 25, 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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