Public Present
Ineh R. Walls, Norman Walls, Tom Lawrence, Storey Litchfield, Noel Musson, Nelson F. Goodwin Jr., Sam Fox, Dorothea Eiben, Katrina Carter, Chris Glass, Marilyn Damon, and David Irvin
Board Members Present
Sandy Andrews; Ellen Brawley, Chair, James Clunan, Vice Chairman, acting Secretary; Robert Ho; Jerry Miller; Joseph Tracy
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:03 p.m.
Public Hearings
Sandy Andrews; Ellen Brawley, James Clunan, Jerry Miller, and Joseph Tracy
are the voting members for this hearing.
II. Section 2.7 Amendments - A request for a zoning change on Tax Map 2 Lot 21 from
Rural Woodland 2 to Village Residential 2.
No conflict of interest was reported. Sandy Andrews; Ellen Brawley, James Clunan, Jerry Miller, and Joseph Tracy are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on 10/27.
Katrina Carter, speaking for Jack Katz, said that Mr. Katz is requesting that his plat be zoned as all the surrounding plats to VR2. This is the only parcel in the area zoned as it is. He would like to be in conformity to other similar lots and thinks that smaller lots would be more affordable for people to purchase in the event he ever decides to develop them.
The question as to why the property was zoned differently from the surrounding plats was posed. Mr. Andrews is guessing that the parcel was zoned this way because it is surrounded by the National Park.
Norman Walls, an abutter to Mr. Katz’s property, brought up putting a sewer system on the property. He can’t see how a septic system would work on Mr. Katz’s property. There are a lot of ledges and some wetlands. Mr. Walls is concerned about the sewer impact to his property. A septic system needs 20,000s q ft of area. Mr. Walls is concerned that Mr. Katz might divide the property into 32 1-acre parcels, each with a separate septic system, and the property can’t handle that. There is a chance that the current sewer system could come through the property, but the ledges would most likely present a problem.
Mr. Tracy is not comfortable rezoning the entire property without a soil scientist doing a study with regards to sewer systems and possible development. Mr. Miller said he wouldn’t want to make a decision without seeing the property. Mr. Andrews would want a detailed survey in addition to a soil scientist.
Ms. Carter requested that the board put into writing what they would like from Mr. Katz so that the Planning Board could make a decision or recommendation to the Board of Selectmen (BOS). Ms. Keene stated that Mr. Katz would be restricting himself to the possible land uses should the zone change be approved. VR2 eliminates many commercial uses.
Noel Musson suggested to the board that when you’re looking at zoning change important considerations are the character of the area you’re looking to change, what’s surrounding it, and what the comprehensive plan says about the area. How do you want Otter Creek to grow? He said the details regarding the property come later, that the generalities are what needs to be addressed at in this point in time.
The board said that they would table a decision on this matter until they receive the following documents from Mr. Katz:
• a letter of Intent concerning the use of the 32 acre parcel
• Soil Suitability Analysis- available through Hancock County Soil Survey
• Wildlife Habitat Report/Map study for a protected area (IFW habitat around the wetlands),
• Detailed USGS Topical Map of the property
III. Section 4.3.1.(3) – Non-conforming Structures – Foundation Replacement. A new foundation constructed under a non-conforming structure, must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board.
Owner(s): William Bullitt, Edith B. Ryan, Henry Bullitt & James B. Bullitt IV
Applicant(s): Donna & David Reis
Property Location: 40 Fern Way, Mount Desert
Tax Map: 9 Lot: 10-1
Zoning: SR5
Sandy Andrews; Ellen Brawley, James Clunan, Jerry Miller, and Joseph Tracy are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on 10/27 and 11/23.
MOTION TO APPROVE MADE BY Mr. Andrews; SECONDED BY Mr. Miller.
Mr. Musson gave a quick overview. The site is situated on Long Pond and has very mature growth surrounding the dwellings and along the shore. The area is unique in that there are not a lot of cleared openings to Long Pond. The two dwelling units are old and are supported by wooden posts which are rotting and need to be replaced. The owners would like to replace the foundation with a cross wall foundation. To move the dwellings would actually disturb and destroy much of the natural site as it currently is. The owners want as little interference to the property and buildings as possible. To move the structures would require significant changes to the land because several trees would have to be cut down to move them behind the 75’ setback.
Ms. Brawley asked Ms. Keene for her judgment in regards as to whether the current placement of the structures is good where they are. Ms. Keene said that the hill begins at the base of the cabins and that it is a good idea to keep them where they are. To move them into conformity would in fact result in the type of damage to the natural surroundings that everyone wants to avoid. The new owners want to preserve the property and to repair the structures while maintaining the character of the property and buildings. The only improvements would be to the utilities/plumbing.
Nelson Goodwin Jr., potential contractor, stated that the new owner intends to get the older of the two cabins placed on the historical registry, further confirming the intent of the new owners to disturb the property and dwellings as little as possible.
Both Mr. Tracy and Mr. Andrews think there should be a site inspection before they make the kind of decision this hearing is requiring. Due to the time constraints associated with the Boards’ decision, the Board discussed approving the request subject to a site inspection. Site inspection is scheduled for 8:30am November 9, 2010. Mr. Tracy, Mr. Andrews, Ms. Brawley, and Mr. Ho have agreed to attend the site inspection.
FINDING OF FACT: Subject to site inspection, the location of the hill and large trees make moving the two dwellings back behind the 75’ setback line difficult, more damaging, and impractical.
MOTION TO APPROVE FINDING OF FACT MADE BY Mr. Andrews; SECONDED BY Mr. Miller. (5-0)
CONCLUSION OF LAW: The dwelling meets the standards of 4.3.3. The structures and new foundations will be placed such that the set back requirements are met to the greatest practical extent.
MOTION TO APPROVE CONCLUSION OF LAW MADE BY Mr. Andrews; SECONDED BY Mr. Miller. (5-0)
MOTION TO APPROVE SUBJECT TO A SITE INSPECTION TO CONFIRM THE FOREGOING FINDING OF FACT AND CONCULSION OF LAW MADE BY Mr. Andrews; SECONDED BY Mr. Miller. (See attached confirmation of site inspection dated November 9, 2010.)
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
Section 4.3.3 – Non-conforming Structures – Reconstruction or Replacement
Owner: Charles A. Watson Jr.
Location: 10 Wildwood Rd., Seal Harbor
Tax Map: 31 Lot: 49
Zoning: VR 1
No conflict of interest was reported. Sandy Andrews; Ellen Brawley, James Clunan, Jerry Miller, and Joseph Tracy are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times. 10/27 and 11/23. No correspondence from the public received.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Miller.
Mr. Musson gave a quick overview. The original building has been donated to the fire department for training. The assessing department assessed the value at $0 due to the degraded condition of the building. The planner did try to move the rebuilding footprint as far back from all setbacks as possible. The building envelope on the lot is very small, making it difficult to put a conforming structure in (10,000 sq ft lot). The dwelling was built prior to the current setback requirements for the road, the stream, and the side boundaries. The plan for the dwelling replacement calls for the building to be moved further back onto the lot, putting the structure within the front and side setbacks.
Mr. Andrews asked which is the less damaging setback to non-conform with. Ms. Keene said that you cannot trade one non-conformance for another. Mr. Musson stated that one non-conformance is eliminated and the other is reduced.
FINDING OF FACT:
1. Will be conforming to the side setbacks
2. Will be conforming to the front setback, whereas the prior structure was not
3. The new building will be less non-conforming with respect to the stream setback
4. Board has determined that a site inspection is not necessary
MOTION TO APPROVE FINDING OF FACT MADE BY Mr. Andrews; SECONDED BY Mr. Miller. (5-0)
CONCLUSION OF LAW: The dwelling meets the standards of 4.3.3. The Structures and new foundations will be placed such that the set back requirements are met to the greatest practical extent.
MOTION TO APPROVE CONCLUSION OF LAW MADE BY Mr. Andrews; SECONDED BY Mr. Miller. (5-0)
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
IV. Conditional Use Approval Application(s):
A. Conditional Use Approval Application # 018-2010
OWNER(S): Richard D. Irvin Jr.
LOCATION: Woods Road, Mount Desert
TAX MAP: 12 LOT: 13-29 ZONE(S): SR5/RW3
PURPOSE: Section 3.4 – Public Utilities – Electric Wind Turbines
SITE INSPECTION: 4:00PM
No conflict of interest was reported. Sandy Andrews; Ellen Brawley, James Clunan, Jerry Miller, and Joseph Tracy are the voting members for these hearings. It was confirmed the notice was published in the Bar Harbor Times.10/27 and 11/3
Site Inspection was attended by Jerry Miller, Jim Clunan and Ellen Brawley and reported by Jerry Miller.
The site is a wooded lot on a sloping hill. Some of the hill will be cleared to accommodate three wind turbines. The nearest neighbor is over 1,000 feet away, through the woods.
Mr. Irvin explained that the property consists of 120 acres and that he would like to build a year-round residence and to have the wind turbines create power for the residence. He explained the two types of turbines: one type is what the COA put up on their Beech Hill farm property which is an example of horizontal propulsion and the second type is what the Pemetic Elementary School put up in Southwest Harbor which is an example of vertical propulsion. The vertical turbines produce noise at 6 decibels, which is less than the horizontal turbines, though the decibel level of the horizontal bases systems are not overtly noticeable. The height for the proposed turbines is less than the average telephone pole, which is 40feet. The wind generator would only be 35 feet high.
Correspondence from the public: Letter from Ted Bromage with positive feedback and an article from Sam Fox relating to wind turbine issues and stating concerns by his daughter, Elizabeth Fox, who is a shore abutter (distance to her property is estimated to be 800-900’ by Mr. Fox). Mr. Irvin presented the board with two letters he received in the mail from Helen Saxenian and Alan Sprague supporting his efforts.
Mr. Clunan reviewed the material submitted by Mr. Fox from Wikipedia and said the Board can only look at the application as respects to the generators being a nuisance which causes harm.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Miller.
The board discussed the application and heard from the public:
Sam Fox has four children that own property abutting Mr. Irvin’s lot and while supporting “alternate sources of energy,” they have concerns. He requested that a more accurate measurement of the distance to the abutting properties be made. Mr. Fox also suggested that the town create an ordinance that addresses the effect of wind turbines on humans and perhaps other animals. He pointed out the pediatrician letter submitted by his daughter via email and stated that he does not subscribe to Dr. Pierpont’s position. Mr. Fox commended Mr. Irvin for limiting the amount of trees to be cut. He recognized that Mr. Irvin could have removed additional trees to create more of an opening to farm the wind. Mr. Fox asked that the board consider approval with the condition that the trees not be removed
between the turbines and his daughter’s property, leaving a buffer to reduce the potential noise level to the properties below him
Dorothy Eiben is concerned about noise, but thinks that it is unlikely she would hear the noise based on the statements from the manufacturer regarding decibel levels produced by the windmills. Ms. Keene has had no complaints about the windmill put up on the Beech Hill Road. Ms. Eiben asked about possible recourse should the board pass the application and they later find out that it is noisy. Mr. Irvin said that he intends to be a good neighbor and would do his best to work out any unforeseen issues with his neighbors, call him if there’s a problem. The board responded that she should also contact Ms. Keene.
The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows: See attached checklist for CUA # 018 -2010.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
V. MOTION TO APPROVE THE DRAFT MINUTES FROM THE October 20, 2010 meeting as amended was MADE BY Mr. Miller; SECONDED BY Mr. Andrews.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
VI. Other Business
Act on a request to combine 3 lots within the Ober Mills Subdivision Lots 1A (Map 12 Lot 13-15), 1B (Map 12 Lot 13-19) & 2 (Map 12 Lot 13-16) into a single lot per Section 5.13 of the Subdivision Ordinance.
Based on the discussion during the previous meeting, the board has to decide if this issue requires a public hearing.
MOTION that no public hearing is necessary to combine 3 lots within the Ober Mills Subdivision Lots 1A (Map 12 Lot 13-15), 1B (Map 12 Lot 13-19) & 2 (Map 12 Lot 13-16) into a single lot per Section 5.13 of the Subdivision Ordinance was MADE BY Mr. Andrews; SECONDED BY Mr. Tracy.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY (5-0).
MOTION TO APPROVE THE combining of the 3 lots within the Ober Mills Subdivision Lots 1A (Map 12 Lot 13-15), 1B (Map 12 Lot 13-19) & 2 (Map 12 Lot 13-16) into a single lot per Section 5.13 of the Subdivision Ordinance was MADE BY Mr. Tracy; SECONDED BY Mr. Andrews.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
VII. Meeting adjourned at 8:59 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, December 13, 2010 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
James Clunan, Acting Secretary
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