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Planning Board Meeting Minutes - 06/14/10
Public Present
David Burr, Katrina Carter, Tina Hawes, Robert Ho, Benjamin King, Lynn King, and Sumner Rulon-Miller

Board Members Present                   
Ellen Brawley, Chair, James Clunan, alt Secretary & Vice Chairman; Joseph Tracy; Gerard M. Miller

Kim Keene, CEO; Claire Woolfolk, Recording Secretary


I.      The meeting was called to order at 6:02 p.m.  The regular members present are the voting members for this hearing.  

II.     Public Hearings

        Conditional Use Approval Application(s):

A.      Conditional Use Approval Application #009-2010
OWNER(S):  Benjamin L. & Lynn C. King
LOCATION:  34 Main Street, Seal Harbor
TAX MAP:  30 LOT: 15-1 ZONE(S):  VR1
PURPOSE:  Section - 3.4 – Non-Commercial Animal Husbandry - Keeping of Livestock – Chickens
SITE INSPECTION: 4:30PM

No conflict of interest was reported. It was confirmed the notice was published in the Bar Harbor Times.

Site Inspection was attended by Mr. Clunan and Ms. Brawley and reported by Mr. Clunan.

The main house is on located on Main Street in Seal Harbor on the northern edge of the property line.  The garden and lawn flattens out for about 200’ behind the house.  There is a stream behind the property more than 75’ away from the proposed coop site, so run-off is not an issue.  The yard is fenced on all sides.

Mr. Tracy questioned the chosen design for maximum number of chickens.  The coop is designed for up to 6 (six) chickens and the Kings have no intention of having more than 6 (six) chickens at any given time.  The chickens will have a coop and a run with total allocated space of 4’ X 14’.  Mr. Tracy questioned if the Board needed to state the number of chickens each time an application came up for Keeping of Livestock and the other Board members said yes.  

A neighbor, Ms. Hawes, had no problem with the Kings raising chickens, but wanted to be sure that the odor would be controlled.  The Kings said they planned to use cedar shavings on the floor of the coop which the chickens would naturally turn to compost and control any strong odors.  They would clean the coop every few weeks to a month to further to control the odor.  Ms. Hawes was fine with the proposal, as long as it works.

MOTION TO APPROVE MADE BY Mr. Miller; SECONDED BY Mr. Tracy

The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows:   See attached checklist.

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (4-0)

Mr. Miller motioned to change order of the agenda to Meet and Greet the candidates prior to hearing the subdivision.  The Board and candidates agreed and the order of the agenda was changed.

III.    Meet & Greet Applicant(s) for potential Board appointment.  

Applicants, Mr. Robert Ho and Mr. Sumner Rulon-Miller, were present and questioned by the Board as to their qualifications, experience, and availability to serve, and reason for interest in serving.  

Ms. Brawley said the Board would discuss and make their recommendation for the Board of Selectmen at the next meeting. (EB)

IV.     Subdivision(s):

David Burr & Holly Cozzi-Burr – 6 Gilpatrick Lane & 7 Maple Lane – land merger  with abutters as defined in Title 30-A § 4401 (D) (6).

No conflict of interest was reported.  It was confirmed the notice was published in the Bar Harbor Times.

The recommended amendments to the submitted application have been completed and the changes were found to be as the Board suggested on May 10, 2010.

MOTION TO APPROVE MADE BY Mr. Miller; SECONDED BY Mr. Tracy

The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows:   See attached checklist.

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY Mr. Miller / Mr. Tracy (4-0)  

The plat was signed by all voting members in attendance.

V.      The draft minutes from previous meetings were approved as follows:

•       April 12, 2010 -- unanimously approved without a quorum with members present due to the resignation of Mr. Bright and the unavailability of Mr. Andrews for matters of a personal nature (Mr. Miller/Ms. Brawley) (2-0)
•       April 26, 2010 -- unanimously approved without a quorum with members present due to the resignation of Mr. Bright and the unavailability of Mr. Andrews for matters of a personal nature (Mr. Clunan/Ms. Brawley) (2-0)
•       May 10, 2010 -- unanimously approved as amended (Mr. Miller/Mr. Clunan) (3-0)
•       May 24, 2010 -- unanimously approved (Mr. Miller/Mr. Clunan) (4-0)
A motion that the Board discusses the prospective candidates now and makes their recommendation to the Board of Selectmen (BOS) was made by Mr. Clunan and seconded by Mr. Miller.

Discussion ensued and a vote was called to recommend to the BOS that Mr. Ho be appointed to the Planning Board carried unanimously. (4-0)

Mr. Clunan will write a short note to the BOS with the recommendation that Mr. Ho be appointed to the Planning Board.

Ms. Keene read an email she received (and forwarded to Mr. Tracy) from Dalen Mills regarding the Town of Mt. Desert’s ordinance on signage.  Mr. Mills questioned the intent of the ordinance with regards to placing multiple real estate signs on a property he is trying to sell.  The property has frontage on two roads (Hall Quarry and Rt. 102) and Mr. Mills wanted to place a sign on each road, however due to the ordinance which only allows one sign per property; he is unable to do so.  After a brief discussion, the board did not find a need to change the ordinance and felt that one sign is adequate and in keeping with the intent of the ordinance.

VI.     Motion to adjourn the meeting at 7:46. p.m.  (Mr. Miller/Mr. Clunnan)  The next scheduled meeting is at 6:00 p.m., Monday, June 28, 2010 in the Meeting Room, Town Hall, Northeast Harbor.      

Respectfully submitted,




James Clunan, Secretary Pro-tem


Attachments:    1.  CUA #009-2010 (King) Checklist
                2.  Subdivision (Burr) Checklist