Mount Desert Planning Board Meeting Minutes
March 14, 2011
Public Present
Michael Phillips, Katrina Carter, David Irvin, Greg Johnston, Mike Astle, Carol Hamor, Arron Gray, and Story Litchfield
Board Members Present
Sandy Andrews; Ellen Brawley, Chair, James Clunan, Vice Chairman; Robert Ho; and Joseph Tracy
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:02 p.m.
II. Public Hearings
Section 4.6 - Functional Land Division:
OWNER(S): Thomas D. & Marjorie Lehrman
AGENT(S): Greg Johnston – G.F. Johnston & Associates
LOCATION: 50 Manchester Road, Northeast Harbor
TAX MAP: 25 LOT(S): 21 ZONE(S): SR2 – Shoreland Residential 2
PURPOSE: Section 4.6 - Functional Land Division
SITE INSPECTION: 3:00PM
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 2, 2011.
Site Inspection was attended by Mr. Andrews, Mr. Clunan, and Ms. Brawley and reported by Mr. Clunan. The property is located on 50 Manchester Road. There is a large dwelling structure on left. On the right-hand side behind the stream and shrubs is a bungalow. The lot is a non-conforming lot with curtialge/lawn area. The structures existed long before the current ordinance was put in place.
MOTION TO APPROVE the functional land division MADE BY Mr. Andrews; SECONDED BY Mr. Tracy.
The Standards of Section 4.6 of the LUZO, as amended May 4, 2010 were reviewed as follows:
- Section 4.6.1: The dwelling units located on the property all predate the adoption of this Ordinance Predate the ordinance 4.6.1
MOTION MADE that the criteria of LUZO Section 4.6.1 is met BY Mr. Andrews; SECONDED BY Mr. Tracy.
VOTE WAS CALLED AND THE MOTION THAT THE CRITERIA HAS BEEN MET CARRIED UNANIMOUSLY. (4-0)
- Section 4.6.2: The structures located on the property were separately occupied and used at the time of the adoption of the current Ordinance.
MOTION MADE that the criteria of LUZO Section 4.6.2 is met BY Mr. Andrews; SECONDED BY Mr. Tracy.
VOTE WAS CALLED AND THE MOTION THAT THE CRITERIA HAS BEEN MET CARRIED UNANIMOUSLY. (4-0)
- Section 4.6.3: The proposed use (residential) reflects the nature and purpose of the use prevailing when the zoning legislation took place. The use of both buildings has been in residential use by one family since before the current zoning took place.
MOTION MADE that the criteria of LUZO Section 4.6.3 is met BY Mr. Andrews; SECONDED BY Mr. Tracy.
VOTE WAS CALLED AND THE MOTION THAT THE CRITERIA HAS BEEN MET CARRIED UNANIMOUSLY. (4-0)
- Section 4.6.4: No change in the quality, character, or degree of the use will be created.
MOTION MADE that the criteria of LUZO Section 4.6.4 is met BY Mr. Andrews; SECONDED BY Mr. Tracy.
VOTE WAS CALLED AND THE MOTION THAT THE CRITERIA HAS BEEN MET CARRIED UNANIMOUSLY. (4-0)
- Section 4.6.5: The current use is not different in kind in its effect on the neighborhood. There is no change proposed.
MOTION MADE that the criteria of LUZO Section 4.6.5 is met BY Mr. Andrews; SECONDED BY Mr. Tracy.
VOTE WAS CALLED AND THE MOTION THAT THE CRITERIA HAS BEEN MET CARRIED UNANIMOUSLY. (4-0)
A VOTE WAS CALLED AND THE MOTION TO APPROVE the functional land division CARRIED UNANIMOUSLY. (4-0)
III. Conditional Use Approval Application #003-2011
NAME: A & E Investors, LLC
Aaron & Erin Gray
LOCATION: 121 Main Street, Northeast Harbor
TAX MAP: 24 LOT(S): 86 ZONE(S): VC – Village Commercial
PURPOSE: Section 3.4 – 1 & 2 Family Dwellings
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 2, 2011.
Site Inspection was attended by Mr. Andrews, Mr. Clunan, and Ms. Brawley and reported by Mr. Clunan. The space to be converted is at the back of the store and to the left. There appears to be a separate building, but in fact it isn’t separate. There are two office spaces that are vacant.
The applicant wishes to convert the office spaces to two residential apartments. There are already multiple apartments over the store. Currently there are seven existing apartments within the existing building. On the lower level there is one apartment, storage, and office space for the store. The application is for a change of use of the space from office and storage to residential.
CEO Keene reported that she had only one query about the application. Rick Fuest reviewed the application and spoke to Mr. Gray. He was satisfied and had no problems with the proposed changes.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Andrews.
The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows: See attached checklist for CUA # 003-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (4-0).
IV. Section 5.5 Amendment to a Conditional Use Approval:
Conditional Use Approval Amendment #004-2011
OWNER(S): D.P. Coyne, Michael Phillips & Kathleen Bollman
AGENT(S): Mike Astle – Haynes Brothers
LOCATION: 11 Sea Street, Northeast Harbor
TAX MAP: 24 LOT(S): 101 ZONE(S): VC – Village Commercial
PURPOSE: Section 5.5 – Amendment to a Conditional Use Approval –
Expansion of Restaurant use.
SITE INSPECTION: 4:45 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 2, 2011.
Site Inspection was attended by Mr. Andrews, Mr. Clunan, Ms. Brawley, and Michael Phillips and reported by Mr. Andrews.
The site of the restaurant is located on Sea Street just up the street from the Town Office. The applicant plans to convert the part of the building currently used by Bella Spa and replace it with a bar and additional dining area. There will be no exterior change. Discussion between the Mr. Phillips and the Planning Board ensued as to whether there would be seating on the west terrace. Mr. Phillips said it would be use only in an overflow seating situation where there was a larger party that could not be accommodated within the restaurant. The west terrace could be used as exterior seating for up to 16 patrons; the additional indoor seating would be for 9 seats at the bar for a total of 25 additional seats.
CEO Keene stated that the original CUP was approved for 32 seats with no food served outside after 9pm. There has been no noise or disorderly conduct complaints since the restaurant opened 5 years ago. Mr. Phillips said that in the past, the west terrace has been used as a place for patrons to wait for their table and people have used it in the neighborhood as a place to rest in a garden area.
MOTION TO APPROVE MADE BY Mr. Andrews; SECONDED BY Mr. Tracy.
The Standards of Section 5.5 of the LUZO, as amended May 4, 2010 were reviewed as follows: See attached amendment for CUA # 004-2011.
A MOTION TO ADD CONDITIONS of no more than nine additional seats inside and sixteen outside on the western patio TO THE ORIGINAL MOTION TO APPROVE MADE BY Mr. Andrews; SECONDED BY Mr. Tracy.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (4-0)
V. Other Business
Dave Irvin - Ober Mills Subdivision Lot Merger Plans
The signing of revised subdivision plan Map 12 Lot 13-15, Map 12 Lot 13-19, and Map 12 Lot 13-16 into a single lot per Section 5.13.2 of the Subdivision Ordinance.
On November 8th , 2010, the Planning Board determined that no public hearing is necessary to combine the three lots in the Ober Mills Subdivision located on Map 12, Lot 13-15, Lot 13-16, and Lot 13-19 into one lot.
A MOTION to approve the signing of the subdivision plat plans to combine the three lots was MADE BY Mr. Clunan; SECONDED BY Mr. Tracy.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (4-0)
Board members, Sandy Andrews, Ellen Brawley, James Clunan and Joseph Tracy signed the revised plat plans for the Ober Mills Subdivision.
The board reminded Mr. Irvin to go to the registry of deeds to record the change within 90 days.
Ms. Reilly’s Resignation/Leave of Absence
Chairman Brawley emailed Ms. Reilly with the suggestion that she take a leave of absence until August. Ms. Reilly enthusiastically accepted the suggestion and will take the leave of absence.
A MOTION accept a leave of absence until August from Ms. Reilly was MADE BY Mr. Tracy; SECONDED BY Mr. Andrews.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (4-0)
Written notification will be sent to the Board of Selectman to tell them that the Planning Board has offered Ms. Reilly a leave of absence until August and that she has accepted.
VI. The draft minutes from the January 13 and 24, 2011 and meetings were unanimously approved.
A MOTION to approve the minutes from the January 13, 2011 meeting as AMENDED was MADE BY Mr. Clunan; SECONDED by Mr. Andrews.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (3-0; Tracy absent).
A MOTION to approve the minutes from the January 24, 2011 meeting as WRITTEN was MADE BY Mr. Clunan; SECONDED by Mr. Andrews.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (4-0)
VII. Meeting adjourned at 7:50 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, March 28, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Signature on file in Town Office.
James Clunan, Secretary Pro-tem
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