Planning Board Meeting
Town Meeting Room, Northeast Harbor
May 9, 2011
Public Present
Mike Musetti, Frank Gott, Mike Doty, and Dana Haynes
Board Members Present
Ellen Brawley, Chair; James Clunan, Vice Chairman; and Robert Ho, alt.
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:02 p.m.
II. Public Hearings
Conditional Use Approval Application(s):
A. Conditional Use Approval Application #007-2011
OWNER(S): Somes Sound View, Inc.
AGENT(S): Michael & Debbie Musetti
LOCATION: 5 Spinnaker Way, Hall Quarry
TAX MAP: 8 LOT(S): 148
ZONE(S): R2/SC – Residential 2 & Shoreland Commercial
PURPOSE: Section 3.4 – Filling and earth moving of > 50 cubic yards & 6B.7 Excavation or Filling.
SITE INSPECTION: 2:30PM
No conflict of interest was reported. Ellen Brawley, James Clunan, and Robert Ho are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on April 27 and May 4, 2011.
The CEO reported that no correspondence or comments have been received from the public.
Site Inspection was attended by Ms. Brawley and Mr. Clunan; reported by Mr. Clunan as follows. They walked through the campsite for tents. Mr. Musetti showed the board members where the sites and roads need to be touched up and leveled. The amount of fill is over 50 cubic yards and will be spread out over the site. None of the fill will be within 75’ of the shore. In some of the lower sites, Mr. Musetti will be adding wood chips as well as the fill. There are also some large rocks in the area. Hay bales, mulch, and wood chip berms were evident in the inspection and have been placed to retard erosion and sedimentation.
Mr. Clunan asked why they are seeing this as a CUA instead of an amendment. CEO Keene explained that the campground is operating as a grandfathered non-conforming use that never had a CUA since it was operating under its current use prior to the zoning which rendered the property non-conforming. Therefore, this request falls under its own CUA. Mr. Clunan confirmed that the request is permitted within the R2 zone.
Ms. Keene stated that she wanted to amend the ordinance so that this amount of fill/excavation would fall under her jurisdiction.
MOTION TO APPROVE MADE BY Mr. Ho; 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 # 007-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).
III. Conditional Use Approval Application(s) – Amendment(s):
A. Conditional Use Approval Application #008-2011
OWNER(S): Henry R. Abel Co., LLC
AGENT(S): James M. Doty & Frank O. Gott
LOCATION: 5 Abels Lane, Mount Desert
TAX MAP: 8 LOT(S): 78-2
ZONE(S): SC – Shoreland Commercial
PURPOSE: Section 5.5 – An Amendment to a previously approved
Conditional Use Permit #94-33
SITE INSPECTION: 3:30PM
No conflict of interest was reported. Ellen Brawley, James Clunan, and Robert Ho are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on April 27 and May 4, 2011.
The CEO reported that no correspondence or comments have been received from the public.
The site Inspection was attended by Ms. Brawley and Mr. Clunan; reported by Mr. Clunan as follows. The sketch provided by the applicants indicates where there is a small well-house (well 22). The proposed building will be located at this site and will include access to the well from within. The grade between this site and building number 10 is very steep (building 10 is 15’-20’ lower than the proposed site). The site is fully rip rapped and does not appear to have moved since the original structure was built; the site appears to be very stable. As far as the view from the road, a person would only notice the new structure if they looked sharply to their left from Rt. 198 as they pass. The pine trees that are currently growing will obscure the view within a couple of years.
MOTION TO APPROVE MADE BY Mr. Ho; 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 Amendment # 008-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).
B. Conditional Use Approval Application #009-2011
OWNER(S): Dana R. Haynes
LOCATION: 24 Sylvan Rd., Northeast Harbor
TAX MAP: 25 LOT(S): 51-1
ZONE(S): VC –Village Commercial
PURPOSE: Section 5.5 – An Amendment to a previously approved
Conditional Use Permit #99-36
SITE INSPECTION: 4:30PM
A potential conflict of interest was reported by Mr. Clunan; he stores his car at Haynes Garage but feels he can be unbiased. The other board members felt that he could be unbiased in this hearing. Ellen Brawley, James Clunan, and Robert Ho are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on April 27 and May 4, 2011.
The CEO reported that no correspondence or comments have been received from the public.
Site Inspection was attended by Ms. Brawley and Mr. Clunan; reported by Mr. Clunan. The proposed project will be an addition to an existing building where the old automobile graveyard used to be. The site is level. There is an 8’ drop off to forested wetlands which have some stumps. The only filling would be to level the back corner. There will be some erosion control fencing and hay bales put in during construction. No exterior lighting is proposed on this new building. CEO Keene pointed out that lighting is required under the electrical code for an egress used by pedestrians.
CEO Keene reported that Mr. Haynes had an auto graveyard permit under a CUA at one time. He is no longer using the location in this manner and would like to use the space for boat and auto storage.
MOTION TO APPROVE MADE BY Mr. Ho; 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 Amendment # 009-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE with the condition that specifications for exterior lighting under 6A.6 be submitted to CEO CARRIED UNANIMOUSLY (3-0).
IV. Workshop
Vistas and Views: Discussion of the list of candidates for the vistas and views ordinance.
Discussion on the candidates is tabled for another meeting. Mr. Clunan suggested that they schedule a specific workshop meeting without other agenda items and try to work on this issue soon so that some substantial work can be done by the end of summer. The CEO agreed to send an email for availability of the meeting room and suggested meeting times. Board members will respond with their availability so that a meeting can be scheduled and proper notice placed in the local paper.
Mr. Ho suggested that Mr. Clunan and Ms. Reilly get together to go over the material and create an agenda in order to make a workshop more efficient. The board is not sure of Ms. Reilly’s availability and therefore Mr. Clunan and Ms. Brawley will do the pre-workshop review.
Mr. Clunan also suggested that they take the list of views and prioritize them. Ms. Brawley said that so many of the views are part of the national park and are already protected.
Mr. Clunan suggested that the board try to create legislation specifically to regulate the “village-type” areas (Somesville, Northeast Harbor, and Seal Harbor) to maintain a feeling of town character. For example the village of Somesville once had a requirement for uniformity in the exterior appearance of their buildings (white with black shutters).
Mr. Ho suggested that the character of a town evolves. The villages are not the same as they were in the 1800’s. It is the nature of towns to evolve and change. It’s up to the board to manage how they evolve or change.
V. Other Business
Board members Clunan and Ho have expiring terms this month. The board discussed if they wanted to be re-appointed for another three-year term. Mr. Ho is concerned about his summer schedule and how he will be able to meet the commitments of the position. Mr. Ho agreed to a re-appointment with the condition that he may have to step down at some point in the future. Mr. Clunan must discuss with his wife before committing to another term.
The CEO brought up the amount of applications that come before the board that fall under their jurisdiction where they might revert approval to her, especially on inland uses (such as fences and fill). Mr. Ho suggested that the board dedicate a meeting to discuss these items.
VI. The draft minutes from the April 11 and 25 meetings were not approved due to lack of a quorum for those meeting dates.
VII. Meeting adjourned at 7:45 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, May 23, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
James Clunan, Secretary Pro-tem
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