Public Present
Weeza Matthais, M.J. Penn, Kay Stevens-Rosa, and Augusto Rosa
Board Members Present
Sandy Andrews; Ellen Brawley, Chair, James Clunan, Vice Chairman; Robert Ho
Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:07 p.m.
II. Public Hearings
Conditional Use Approval Application (s)
A. Conditional Use Approval Application # 019-2010
OWNER(S): Maitland Jade Penn
LOCATION: 3 Chessie Way, Pretty Marsh
TAX MAP: 11 LOT: 117 ZONE(S): R1
PURPOSE: Section 3.4 – Services II (wholly enclosed) canine hydrotherapy
SITE INSPECTION: 3:00PM
The board recused Chairwoman Ellen Brawley from this hearing due to a personal relationship with the applicant. No other conflicts of interest were reported. Sandy Andrews, James Clunan, and Robert Ho, are the voting members for this hearing with James Clunan acting as chairman. It was confirmed the notice was published in the November 24, 2010 Bar Harbor Times.
The site Inspection was attended by Mr. Andrews and Mr. Clunan and reported by Mr. Andrews. The site is located off Pretty Marsh Road west of Acadia National Park by Big Round Pond. The building housing the facility is approximately 175 feet off the road encircled by trees. The facility is wholly enclosed inside a building and there are no neighbors close by.
During the site inspection, Mr. Clunan questioned the level of noise the equipment produces that runs the pool. At 100 feet from the building you could barely hear the motors running, it was like a low hum. It was further noted that there are no neighbors in the vicinity.
Four letters in support of the proposed facility were introduced. It was noted that no letter of opposition by neighbors had been sent in.
Ms. Penn asked to redefine from Service - Canine Hydro Therapy to Service - Canine Warm-Water Swim Training. (pg 3 of application) The change on the application was noted and Ms. Penn initialed the change as requested by the board.
MOTION TO APPROVE MADE BY Mr. Andrews; SECONDED BY Mr. Ho.
MOTION TO AMEND the name of the services to Canine Warm Water Swim Training MADE BY Mr. Andrews; SECONDED BY Mr. Ho.
MOTION CARRIED UNANIMOUSLY (3-0).
The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows: See attached checklist for CUA # 019-2010.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0). (Ho/Andrews)
Non-conforming Structure(s):
A. 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): Sargent Head, LLC (corrected name)
Stephen Stroud and Mayra Bonilla
AGENT: Augusto Rosa and Kay Stevens Rosa, A4 ARCHITECTS
PROPERTY LOCATION: 19 Corning Way, Northeast Harbor
TAX MAP: 22 LOT: 008
ZONING: SR3
SITE INSPECTION: 4:00PM
Discussion ensued as to whether this hearing could take place because a representative of the owner did not attend the site inspection. The board concluded that as agents, Mr. and Mrs. Rosa would be able to answer for the owner and that they are familiar with the site.
Sandy Andrews, Ellen Brawley, James Clunan, and Robert Ho are the voting members for this hearing. It was confirmed the notice was published in the November 24, 2010 Bar Harbor Times.
The site Inspection was attended by Mr. Andrews and Mr. Clunan and reported by Mr. Andrews. The location of the site is the old Corning house at the end of Corning Way. The structure is a very large and old house. The frame is constructed partially of masonry and partially wood. Parts of the house are behind the 75‘ setback; the service wing does not meet the setback requirements.
The house is situated on land that is almost flat and the service wing is built on a ledge. There is a narrow stand of trees between the house and the ocean; the trees are approximately 30’ away from the house.
Because of its age the house has historic value. Built in1886, it is one of the oldest homes in Northeast Harbor. This project is intended to restore the house and gardens to their original state. No heavy equipment will be used. The project will be hand excavated from the inside. A silt fence will be installed along the shoreline to eliminate run-off.
MOTION TO determine that the setback requirement is met to the greatest practical extent MADE BY Mr. Andrews; SECONDED BY Mr. Ho.
FINDING OF FACT: To move the wing behind the 75’ setback would be impractical and would alter the character of the building. Additionally, moving the service wing would not be in keeping with the town’s commitment to preserve the town’s character and maintain the historical and/or cultural character of the neighborhood. Leaving the service wing where it is meets the setback requirement to the greatest practical extent.
MOTION TO APPROVE THE FINDING OF FACT MADE BY Mr. Ho; SECONDED BY Mr. Clunan. (4-0)
CONCLUSION OF LAW: The dwelling meets the standards of 4.3.1. The structure and new foundation will be placed such that the set back requirements are met to the greatest practical extent.
MOTION TO APPROVE THE CONCLUSION OF LAW MADE BY Mr. Ho; SECONDED BY Mr. Clunan. (4-0)
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (4-0).
III. Other Business
• Mr. Clunan brought two items up as concerns:
1. Complaint from abutting property owner regarding the filling on property located on Map 8 Lot 97. Nature of the complaint is that the filling on the lot has resulted in flooding/drainage problems on the abutting property. Also when the owner of said property was issued a conditional use permit (CUP#025-2007) a condition was placed on the permit to “reserve as much as possible of existing vegetative screening along Rt. 198, and to vegetate around the fill area in such a manner as to preserve the natural appearance of the area.” To date, no new vegetation has been planted around the fill area as required by the condition of the permit.
2. Complaint from a neighbor of property located at Map 10 Lot 101-005 on Parker Farm road in Somesville. The Nature of the complaint is that construction equipment is being stored at the location. The complainants don’t want to file a formal complaint due to fears of retaliation. Questions as to possible restrictions on how many and types of equipment can be stored in the open on the property. According to the LUZO, storage of construction equipment is prohibited everywhere except RW1 and 2 (3-8pg). RW1 and 2 must have CEO approval.
It was determined that these complaints should be reported to the Code Enforcement Officer and that Ms. Keene would follow up.
• The board members discussed whether the meetings should be moved earlier during the winter months, rather than meeting at 6pm. The board members present agreed that they could try meeting at 5pm for the winter, except for the workshop meetings, which will remain at 4pm. Ms. Brawley will send an email out to absent members to get their feedback and if in agreement, the board will address finalizing the decision at the 1/10/11 meeting.
• Also discussed was the possibility that an absent board member be teleconferenced in for meetings, like the presentation by Mr. Hodgetts via oovoo at the 12/8/10 workshop meeting. Ms. Brawley will send an email out to absent members to get their feedback on the teleconferencing and check with Ms. Reilly to see if this would work for her.
IV. The draft minutes from October 25th and November 8, 2010 meetings were unanimously approved as amended. MOTION TO APPROVE BY Mr. Andrews; SECONDED BY Mr. Ho. APPROVED (4-0)
The October 12th, 2010 minutes have not been approved due to lack of a quorum. These minutes will be placed on the agenda for 1/10/11 for approval.
V. Meeting adjourned at 7:28 p.m. The next scheduled meeting/public workshop is at 4:00 p.m., Wednesday, December 15th, 2010 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
James Clunan, Secretary Pro-Tem
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