Public Present
Tom Benson; Mike Musetti; Debbie Musetti; Sharon Musetti; Frederick Fraley
Board Members Present
James Clunan, Vice Chairman; James R. Bright, Chairman; Schofield Andrews III; Joseph Tracy; Gerard M. Miller, alt; Patti Reilly, Secretary
Kim Keene, CEO; Danielle Goodwin, Recording Secretary
I. The meeting was called to order at 6:03 p.m.
II. The minutes were postponed until after the public hearings.
III. For the benefit of Mr. Benson, the Board decided to postpone the CUA until after the completeness review.
Subdivision Completeness Review
A. NAME: Michael Musetti
AGENT: Debbie Musetti
LOCATION: 49 Hall Quarry Rd., Hall Quarry
TAX MAP: 7 LOT: 1-1 ZONE(S): R2
PURPOSE: 6 Lot Subdivision
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
Chairman Bright proceeded to review the Section 4.2 Formal Application Procedures Sections 4.2.1 into 4.2.4 from the Subdivision Ordinance and noted the corrections and additions that would be needed for the public hearing.
Mr. Andrews suggested restricting where houses would be built to leave as much land untouched as possible. After brief discussion, the Musetti’s and Board members agreed with the notion but decided that the soil testing and topography would keep the construction fairly confined.
Mr. Clunan recommended looking at the Stormwater standards in the new LUZO including vegetative buffers and impact on neighbors concerning runoff as the application used the old ordinance. Mrs. Keene noted that the Musetti’s engineer Mr. Musson of CES, Inc. was aware of the new LUZO standards.
Mr. Benson went through Section 4.2.3 Information on Subdivision with the Board pointing out items on the plan.
As stated in Section 4.2.4.a the Board reviewed Section 5 General Requirements of the Subdivision Ordinance and decided to review Section 6 at the public hearing.
There was a bit of discussion regarding vegetative buffers and preservation of the land’s natural beauty and vegetation. There was also discussion as to testimony ensuring adequate water supply. The Board found that 5.13 and 5.14 were not applicable. The Board agreed that the application could be accepted as complete with the following notations provided before the next meeting:
4.2.1.2 Written authorization for Debbie to act as agent in Mr. Musetti’s absence
4.2.2.1 Corrected book and page number to B2704 P86
4.2.2.6 Names of abutters within 1000 feet
4.2.2.9 Change to state “drilled wells” (name of drilling Co. not needed)
4.2.3.11 Note the existing septic system location for the shop on the plat
4.2.3.13 Show corrected current abutter, Mr. Glass, on the plat
Mr. Benson further stated that he would correct the map number on note #1 and per Mrs. Keene’s advice would delete note #7.
Mr. Musetti asked if adequate information was provided for water systems. Mr. Bright responded that what they had was satisfactory thus far. However, if there were public concerns the Board may require further evidence.
MOTION TO FIND THE APPLICATION COMPLETE WITH SAID STIPULATIONS MADE BY MR. TRACY; SECONDED BY MRS. REILLY.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED (4/1 Clunan).
Mr. Clunan was concerned with the old Section 6 being filled out in the original application and wanted to make sure Debbie understood that she needed to answer the questions for the new Section 6 at the public hearing.
Mr. Andrews again suggested that the Musetti’s consider limiting where potential buyers can build and land to be left untouched in order to ensure the least impact on the natural beauty of the land and pointed out that it could actually add value to the lots.
Conditional Use Approval Application (s)
A. Conditional Use Approval Application # 014-2008
NAME: Somes Sound View Inc
AGENT: Debbie Musetti
LOCATION: 86 Hall Quarry Rd, Mt Desert
TAX MAP: 008 LOT: 148 ZONE(S): Shoreland Commercial
PURPOSE: 3.4 Boat Marina- kayak and canoe rentals
SITE INSPECTION: 3:30 PM
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
The site inspection was attended by all Board members. Mr. Tracy reported that this would be an after–the-fact permit and there was not much to see. They saw where the boats were launched and stored. The paved ramp had been long used for sailboats, canoes and kayaks and there was no sign of erosion.
MOTION TO APPROVE MADE BY MR. ANDREWS; SECONDED BY MR. TRACY.
After discussion of the definition of a “marina” and testimony from the owners, Sharon Musetti and Mr. Fraley, that the use predates the ordinance the Board agreed that it was grandfathered.
MOTION TO EXCEPT EXPERT TESTIMONY FROM MR. FRALEY, MRS. MUSETTI AND MR. MUSETTI THAT THE CAMPGROUND HAD RENTED CANOES PRIOR TO MARCH 6, 1978 AND WAS THEREFORE GRANDFATHERED MADE BY MR. ANDREWS; SECONDED BY MR. TRACY.
A VOTE WAS CALLED AND THE MOTION WAS UNANIMOUSLY APPROVED. (5/0)
Debbie Musetti therefore withdrew the application.
MOTION TO WITHDRAW PRIOR CUP APROVAL MADE BY MR. ANDREWS; SECONDED BY MR. TRACY.
A VOTE WAS CALLED AND THE MOTION WAS UNANIMOUSLY APPROVED. (5/0)
MOTION TO APPROVE WITHDRAWAL OF APPLICATION MADE BY MR. TRACY; SECONDED BY MR. ANDREWS.
A VOTE WAS CALLED AND THE MOTION WAS UNANIMOUSLY APPROVED. (5/0)
IV. The draft minutes from the April 14, 2008; April 17, 2008; April 28, 2008; May 12, 2008; June 23, 2008 meetings were unanimously approved as amended.
V. Meeting adjourned at 8:45 PM. The next scheduled meeting/public hearing(s) is at 6:00 PM, Monday, September 9, 2008 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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