Public Present
Rob Benson, Cristy Benson, Frank Roberts, Betsy Roberts, Chris Breedlove, C. H. Breedlove, Nancy Merchant, Robert Merchant, Mary Glass, Tom Glass, Seth Singleton, Don Chambers, Bob Barrows, Marilyn Chambers, Anne Barrows, Koula Spofford, John Spofford, Debbie Musetti, Bob Carter, Marian Pickarczyk, Jeannie Gilpin, George Gilpin, Barbara Williams, Noel Musson
Board Members Present
James Clunan, Acting Chairman; Schofield (Sandy) 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 6:00 p.m.
II. Public Hearings
Public Hearing- CONTINUATION:
A. Subdivision Approval Application # 001-2008
OWNER: 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.
Mr. Clunan explained that at the last meeting the Board had gone through Section 5 up to Section 5.14 where they ran into issues regarding ownership of the Old Echo Lake Road. Mr. Clunan then asked Mrs. Musetti if she had received that clarification yet. She stated that it was unclear and the attorneys were still looking into it. However, she was hoping to answer any questions the public may have regarding the proposal and hear their concerns so they could be accommodated. Several members of the public agreed that they would like to hear the proposal and voiced the following concerns. Mr. Chambers was interested in hearing more of the proposal as he believed he owned a portion of the road; Chris Breedlove wanted to hear more about the proposal as she had concerns regarding blasting and quarry contamination; Mr. Glass stated concern regarding
commercial use of the lots; Ms. Williams voiced concern regarding contamination of the quarries due to 6 new septic systems and the geography of Hall Quarry.
Mrs. Merchant raised a question of the current establishment being up to code. Mr. Clunan explained that would be a question of code enforcement and not relevant to this application.
C.H. Breedlove inquired as to the standards regarding cutting in forested areas. CEO Keene clarified the only standard regulated 25% within 25 ft of a Town Rd. Wetlands of significance require limited clearing within 75 ft of the wetland. However, as Mr. Andrews pointed out the Board could require a buffer for preservation.
Mr. Chambers then questioned the legality as the original business permit was to be on a 16 acre lot and would only leave 2 acres for the business. Mr. Tracy stated that would only having bearing if maintaining acreage was a condition on the original permit or the new lot size did not meet existing lot requirements. Mr. Chambers was also concerned with the lots being developed commercially after selling.
Mrs. Merchant also expressed concern regarding the population of Red Pine unique to the area and introduced a letter from Laura Smallidge which Chairman Clunan read a loud.
Chris Breedlove inquired as to whether the 75 ft setback on some ponds in the area would apply here. Chairman Clunan and CEO Keene clarified that none of the quarries qualified as wetlands of significance; they’re manmade and therefore not subject to setbacks.
After hearing the major concerns of the public, Chairman Clunan asked Debbie Musetti to present the proposal for the public. Mrs. Musetti simply stated that she had proposed a 6 lot subdivision of which each lot would be at least 2 acres. She further stated that CES had done a lot of work up there and she would like to hear all the concerns of the public to make sure all their worries are put to rest. She had made note of the road and water issues. Mrs. Musetti further stated that the proposal was to be residential only and further restrictions could be put in place.
Chairman Clunan cautioned the Board to carefully consider the impact of making subdivision standards stricter than the ordinance and banning home business. Mr. Andrews pointed out that the owner can place any restrictions they wish. Mrs. Williams explained that the intensity of the business was the concern. For example, babysitting or home accounting would not have the same impact as another construction company multiplied by six lots in regards to traffic, tar, runoff, septic, etc.
Chairman Clunan stated that such development would require a CUP and read from the standards. Mr. Andrews again noted that the owner could put deed restrictions on the property to prevent high intensity uses.
Chris Breedlove expressed concern for fractures that may cause surface infiltration, well contamination, drainage of quarries, etc due to blasting during construction. CH Breedlove further inquired as to any studies on the number of wells that can be placed on an aquifer. Chairman Clunan explained that there are no aquifers in this area but fissures instead. Mrs. Williams elaborated on the concerns regarding further water and sewer systems in Hall Quarry as looked at by the Comprehensive Plan Committee. She recommended public sewer and finding a water expert to further look into the unique characteristics of the area. Mr. Tracy pointed out that there were currently over 100 households in Hall Quarry and this subdivision was for 6 lots. He further pointed out that it’s only before the Board because it’s a subdivision which gives
them some control. However, if she was patient she could space out the land division waiting out the timelines and do whatever she wanted without the Planning Board. Mr. Barrows added that the blasting during development of Rte 102 had caused contamination and illness. Mrs. Williams confirmed this. Mr. Singleton an abutter of the Musetti’s on the West side of the property spoke up to thank the Musetti’s for being wonderful neighbors thus far and stated that he was mostly concerned with preserving the beauty and tranquility of such a unique place and was very pleased to hear Mrs. Musetti state that she would be happy to restrict the use to residential.
Mrs. Merchant then brought up the issue of traffic. She stated that the road was not designed to be so heavily traveled but was due to the four businesses currently located there. She further stated that the business traffic and employees commuting posed a risk for the children waiting for school busses.
Mrs. Musetti concluded by saying that she would let everyone know what was proposed before it was approved and would try to accommodate the concerns she’s heard tonight.
Mrs. Gilpin suggested using the existing road for the business to service the lots. Chris Breedlove suggested a winding road to reroute traffic through the business. Mr. Chambers suggested less road following the lot lines. Mrs. Musetti explained that by using “driveways” rather than roads they would have less impact on the land as well as abutting property.
Chairman Clunan thanked the public for their input and stated that the Board could not continue with the application without further understanding of the issues on Old Echo Lake Road. Mrs. Musetti could take tonight’s comments into consideration and return to the Board with a new proposal. Mrs. Musetti agreed.
Mr. Chambers asked if Mrs. Musetti would be willing to restrict the lots to residential development to ensure minimal septic size and impact which she stated she had no problem with. However, Mr. Tracy pointed out that limiting home occupation entirely was unnecessary. Mr. Andrews suggest restricting to residential and low-impact home occupations. Mr. Glass questioned the potential commercial development allowed by the current land use zoning which CEO Keene explained could be granted through a CUP.
Chairman Clunan closed the discussion until November 10, 2008, to allow the Musetti’s time to get the necessary answers from there attorney as well as to provide sufficient notice to the public.
III. The draft minutes from the July 14, 2008, meeting was postponed. The Board decided to try editing minutes via e-mail and only finalizing at the meetings.
Mr. Tracy declared that he would not be at the meeting on November 10, 2008 as he would be out of town.
IV. Workshop
Development of the Board’s understanding of issues for the coming year including scenic vistas, GIS mapping and Subdivisions.
Chairman Clunan recapped where the Board left off. Each member was to list their 5 favorite vistas which would be pooled and the Board would then choose ten to look at. As a fisherman, Mr. Bright was going to identify vistas visible from the water. There was brief discussion of Mr. Avila’s presentation on Echo Lake and water-view sheds. As not all Board members saw the presentation they requested the power-points be e-mailed for review. There was further discussion naming a few vistas and it was decided that the members would submit their lists and Chairman Clunan would consolidate them. The Board could then look at the characteristics of those vistas and use them with technological services such as GIS to define and identify other scenic vistas. There was discussion regarding obtaining a license for ARC Software vs.
hiring a consultant with a license as well as finding someone to maintain the data. Mr. Andrews pointed out that the Board needed to use the donation to address the Subdivision Ordinance as well as the scenic vistas and recommended having the Consultant help with that process. Chairman Clunan suggested working with Rothe on Vistas and the Subdivision Ordinance so that progress can be shown by the next Town Meeting without the intensity of the schedule kept while redrafting the LUZO. Mr. Andrews recommended that the Board review and discuss the information submitted by Mr. Rothe regarding subdivisions before bringing him back in. CEO Keene suggested looking at the Subdivision Ordinance in terms of rewording, format, and more defined procedures, more descriptive, building envelopes for preservation, etc. and organizing. Mr. Tracy suggested starting with a list from CEO Keene as she is the expert working with the ordinance on a daily basis. CEO Keene and Mr. Clunan agreed that a clear
checklist for completeness and procedure would be very helpful.
V. Other
A. Noel Musson asked the Board for clarification on the Ordinance regarding communal floats. The Board explained that the intent was not to exceed 800 sq. feet.
B. CEO Keene pointed out that at some point the Board would need to fine tune the new LUZO. CEO Keene also reported that the court found in favor of the abutter’s appeal in Ben Moore’s variance due to the format and location of the driveway section in the LUZO.
C. Mrs. Reilly posed a question regarding Best Management Practices regarding erosion and cutting along the road at the Rale’s job. She also suggested establishing a requirement of a CUP for projects over a certain square footage. The Board and CEO agreed. However, CEO Keene pointed out that it was currently within regulation and Al Jensen was a very conscientious contractor often going above and beyond and great to work with.
V. Meeting adjourned at 8:00 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, October 27, 2008 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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