Town of Mount Desert
Planning Board Meeting Minutes
Town Hall Meeting Room, Northeast Harbor
July 7, 2011
Public Present
Ellen Kappes, John Wright, Gerald Berlin, Story Litchfield, Moorhead Kennedy, Peter Roy, Melanie Mourino, and Philip Heckscher
Board Members Present
Ellen Brawley, Chair; Robert Ho; and Gerard M. Miller, alt
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 # 018-2011
OWNER(S): Charles Woodward
AGENT(S): Melanie Mourino, Surry Gardens
LOCATION: 37 Peabody Drive, Northeast Harbor
TAX MAP: 3 LOT(S): 58-1 ZONE(S): SR2
PURPOSE: Section 6B.8 – Fences and Walls
SITE INSPECTION: 3:30PM
No conflict of interest was reported. Ellen Brawley, Robert Ho, and Gerard M. Miller, are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on June 29, 2011. Mr. Miller will act as secretary for this hearing.
Site Inspection was attended and reported by Ms. Brawley. The applicant is closing off a u-shaped driveway and making it more secluded. The applicant would like to put the fence as close to the road as allowed (which is 39 feet from the center line as stated in the LUZO). There is already a fence of similar construction on the other side of the property.
A MOTION TO FIND THE APPLICATION COMPLETE AND TO APPROVE WAS MADE BY Mr. Ho; SECONDED BY Mr. Miller.
Public comments: Story Litchfield, abutter, is concerned about the impact on visibility for her to exit her driveway on the north side of the proposed fence. The fence is to be approximately eight feet tall, including the 18” of lattice on top of the fence. Ms. Mourino stated that the fence would be back from the road by about 20’, so that road visibility should not be impacted when Ms. Litchfield exits her driveway. The board took a look at the plans to determine exactly where the fence would go and determined that placement would not affect her visibility. Ms. Litchfield confirmed that she understood the positioning of the fence.
The Standards of Section 6 of the LUZO, as amended May 3, 2011 were reviewed as follows: See attached checklist for CUA # 018-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).
B. Conditional Use Approval Application # 019-2011
OWNER(S): Philip H. Heckscher
LOCATION: 31 Jordan Pond Road, Seal Harbor
TAX MAP: 31 LOT(S): 55 ZONE(S): VR1
PURPOSE: Section 6B.8 – Fences and Walls
SITE INSPECTION: 4:30PM
No conflict of interest was reported. Ellen Brawley, Robert Ho, and Gerard M. Miller, are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on June 29, 2011. Mr. Miller will act as secretary for this hearing.
No public comments or correspondence were presented.
The site Inspection was attended and reported by Ms. Brawley. The neighbor on the north side has rebuilt a house on the abutting property and has complained that they can now see his laundry line. They would like a fence erected to obscure the view of the laundry line. The cost of the fence is to be shared between the neighbors. The fence will divide the properties between the neighbor’s front yard and the applicant’s back yard. The fence is to be 8’ high X 40’ long.
A MOTION TO FIND THE APPLICATION COMPLETE AND TO APPROVE WAS MADE BY Mr. Ho; SECONDED BY Mr. Miller.
Mr. Heckscher stated that he might amend the design to be staggered zig-zag sections, but the height will remain as stated in application. Board members said that the configuration of the fence line is not an issue, but rather the height of the fence is what the hearing is for.
The Standards of Section 6 of the LUZO, as amended May 3, 2011 were reviewed as follows: See attached checklist for CUA # 019-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).
III. Other Business
A possible revision to a previously approved subdivision known as “Prays Meadow”, Tax Map 12 Lot 31-4.
Chairman Brawley said the item has come before the board for them to determine if a public hearing is needed to approve a possible revision to the previously approved subdivision known as Prays Meadow. Chairman Brawley’s position on the matter is that since the subdivision is more than 5 years old, it doesn’t come under the present planning board’s jurisdiction.
Peter Roy, Attorney for Moorehead Kennedy, clarified the history of the subdivision by stating that the subdivision was originally approved in June 1987, revised in October 1987, and again in June 1988. These were all minor changes and recorded at the Registry of Deeds in Ellsworth. Then about a year later, another change was made to the subdivision but was never recorded at the Registry, but was found in the Town’s file. It currently doesn’t meet the requirements of the LUZO, nor did it when the subdivision was approved. The planned revision will bring the lot into conformance with the present LUZO by increasing the road width/frontage by adding a cul-de-sac.
CEO Keene clarified that the the only question needing to be addressed at this meeting is whether a public hearing is necessary to sign off on the amended plans according to Section 5.13.2 of the Subdivision Ordinance.
Chairman Brawley read Section 5.13.2 of the Subdivision Ordinance.
…If the revision involves the creation of additional lots or units, or extends the boundaries of the subdivision, a public hearing shall be required. Otherwise the Board shall determine if a public hearing is required.
Since the planned revision does not involve any of the referenced changes, she didn’t think that a public hearing would be required. Mr. Miller said the only reason to have a hearing would be to anticipate future amendments to the lot and to make sure the abutters had due process.
Mr. Berlin said that the neighbors had not been notified of this meeting and were therefore not present to state their position. CEO Keene said that the determination of a hearing does not require public notice. Mr. Miller said it was not a secret event and that the neighbors are aware of the proposed changes. The concerns of the neighbors are that Mr. Kennedy may decide to further subdivide his lot. CEO Keene said that under the LUZO, Mr. Kennedy could apply for another division, but if the other neighbors in the subdivision didn’t want further divisions, they would need to amend their subdivision covenants, to reflect that. Covenants are not part of the town’s ordinance.
Ms. Keene said that the LUZO was amended in (ref. Footnote (m) pg. 3-15) May 2011 to allow an owner to have a road through an existing lot to meet the frontage requirements. Chairman Brawley stated that a hearing is not necessary to allow an owner to extend a road and cul-del-sac onto his property in order to make it a conforming lot. Mr. Ho agreed.
Mr. Ho motioned that no public hearing is necessary to approve the amended plan. Mr. Miller seconded. A VOTE WAS CALLED AND THE MOTION CARRIED 3-0.
A discussion ensued as to whether the Board should sign the plans without a public hearing. Mr. Miller stated that he preferred that public notice be provided to the abutters prior to the signing of the documents. Mr. Ho felt that he would like input from the town’s attorney regarding the possible ramifications of signing the plans without a public hearing.
Ms. Brawley thought that after discussion the Board should reverse the previous vote. It was determined that the original vote would stand and that CEO Keene will consult with the Town attorney to see if the documents can be signed without public notice given the circumstances of potential objections.
CEO Keene called (7:20pm) James W.B. Collier, Attorney during the CUA hearings and reported to the Board. Attorney Collier said that the board followed the ordinance and voted that no public hearing is necessary; therefore you can go ahead and sign the plans so that it can be recorded. However there could be an appeal from the property owners who didn’t have an opportunity to be heard and that an appeal would go straight to court. Mr. Miller pointed out that neighbors were in attendance this evening and that they could have made a statement, but did not. One raised his hand and then put it back down. Chairman Brawley looked at them to see if they had any questions, but neither of them said anything.
Mr. Miller wanted to be sure that if he signed the plans, the applicant would be required to come before the board should he decide to further divide the property. It was confirmed that Mr. Kennedy would have to come to the Planning Board to further divide his property.
The board members present signed the plans so that they could be recorded at the Registry of Deeds.
V. Meeting adjourned at 7:25 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, July 25, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Gerard M. Miller, Secretary Pro-tem
| 
