Town of Mount Desert Planning Board
Minutes of (Tuesday) May 29, 2007
Board Members Present Public Present
Schofield (Sandy) Andrews III Sam Fox Becky Buyers-Basso
James R. Bright, Vice Chairman Noel Musson Charlotte Singleton
James Clunan, Chairman Greg Johnston
Gerard M. Miller, alt Roc Caivano
Joseph Tracy David Smith
Patti Reilly, Secretary Brian Reilly
Kim Keene, CEO; Margaret K. Porter, Recording Secretary
I. The meeting was called to order at 6:07 p.m.
II. The draft minutes from the April 23, 2007 meeting were unanimously approved as amended.
III. Public Hearings – Conditional Use Permits
A. NAME: Fox Family Long Pond, Ltd. Partnership
LOCATION: 204 Pretty Marsh Rd., Somesville
TAX MAP: 9 LOT 7 ZONE: SR5
PURPOSE: Section 4.10 Relocation of a Non-Conforming Structure.
SITE INSPECTION: 4:00PM
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 Bangor Daily News.
Site Inspection was attended by Chairman Jim Clunan, Jim Bright and CEO Kim Keene and reported by Jim Bright. There is an older cabin they want to move back to utilize all year. It is restricted by a stream to the right. There are trees between the house and the water. None of the trees have been cut, so the property is not unsightly from the water. Chairman Clunan adds that the land has a gentle slope to the ponds edge. CEO Keene says the septic design will be upgraded to a 1000 gallon tank, designed by the soil scientist. When the cabin is relocated, Mr. Fox’s daughter wants to fill the empty spot with plants that are native to the area, so it blends in to the land. Roc Caivano, Architect for the Foxes, gives a brief explanation of the plans. Mr. Andrews asks if the back of the building is going to be two stories. Mr.
Caivano replies that they are going to stay in the same foot print. The lot size is about six acres. Patti Reilly asks if the Foxes had any thoughts about moving back beyond the 75’ set back. Mr. Caivano replies that they would loose the visual of the pond. Mr. Bright comments on the existing vegetation, and how nicely buffered it is from the pond. Chairman Clunan asks Sam Fox to explain the septic system. Mr. Fox said that new tanks need to be installed and the existing field needs to be expanded. Mr. Fox also says that there will be clearing of some trees with regards to solar panels. Chairman Clunan asks about erosion control methods to be implemented during relocation of building and how much space between buildings. Mr. Tracy responds about 100 feet between buildings. Chairman Clunan asks if there has been any correspondence. No, replies CEO Keene. He then acknowledges that there is no public present. Mr. Clunan proceeds to read Section 4.10 of the Land Use Zoning
Ordinance.
MOTION TO APPROVE MADE BY Joe Tracy; SECONDED BY Jim Bright.
4.10 Nonconforming Structures: A nonconforming structure may be relocated within the boundaries of the lot on which the structure is located provided that the Planning Board finds that the proposed new location and design are more appropriate with regard to location, character and natural features; fencing and screening; landscaping and topography; traffic and access; signs and lighting; and potential nuisance, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant
demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules (rules), or that a new system can be installed in compliance with the law and said rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming. In determining whether the building relocation meets the set back to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and amount of vegetation to be removed to accomplish the relocation.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5/0).
IV. Pre-application – Sketch Plan
B. NAME: Robinson Lane Subdivision
AGENT: Greg Johnston, CES
LOCATION: Robinson Lane, Hall Quarry
TAX MAP: 7 LOT 84-1 ZONE: RW2
PURPOSE: Create a 4 lot subdivision.
SITE INSPECTION: 4:45PM
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection was attended by Chairman Jim Clunan, Sandy Andrews, Jim Bright and CEO Kim Keene and reported by Mr. Andrews. In the northeast direction of Acadia Mountain the elevation is steep & rough. Chairman Clunan asks if the Planning Board thinks that he should recuse himself, as he can see the property from his home. They agree that he has no conflict of interest. Greg Johnston from CES says that there was a previous application for this property. Some of the septic systems are in place, bringing up the property values. The grade of the road is very steep, so they plan on switching the road back and forth to lessen the slope. Buffers constructed 4 acres of no cutting or developments in this area. Comments at the site inspection about deed restrictions and penalties. View shed Homeowners Association makes restrictions ANP.
Mrs. Reilly mentions the new comprehensive plan will cover this issue. Not to slip under the new restrictions. Would like to work together and make some solutions for this application. The rate of how the water leaves the area needs to be controlled. “rain garden” plantings build up of road to help divert storm water run off. Emergency vehicles need to pass. Can road width be less? Mr. Tracy asks why not 9 lots? Mr. Johnston replied more septic systems & driveways etc. Mr. Tracy also asked about the cul-de-sac layout. Mr. Andrews asked about separate owners of buildings on shared land, Condos? Mr. Johnston replied the application is for a subdivision, meeting all requirements. Shared septic systems, 4-5 bedrooms. Mrs. Reilly asked what if the systems fail? Houses sold by size, where they are located. Chairman Clunan asks about gravity. Mr. Miller asked Mr. Johnston if he could bring some kind of a visual aide like Google earth to the next meeting? In summary
for next meeting, Mr. Johnston was asked to be prepared to answer questions on: View control issues, grade run off, slopes greater then 20%, visual aides, utilities for each house, number of houses, Bill LaBelle’s original soil tests, flagging sites, upgrading Robinson Lane, widening of right-of-way to 50’ and safety issues. Mr. Tracy says that the Board needs to follow the LUZO strictly.
V. New Business
1. The out come of the April 14th 2007 Zoning Board of Appeals meeting
Susan Stanley and Nancy Stanley Brickley reads decision 5.9? Attorneys for abutters are taking this to court. No 30-day notice given. Wrong property was used for abutters.
2. Real Estate Signage for lots with no public frontage
Do we want to change the ordinance on this issue? Mrs. Reilly asked about the impact on sales with signage on the road. Mr. Andrews comments that sometimes it works against the seller. The decision is to leave the ordinance as is.
3. Mount Desert Island Historical Society request of Signage
Charlotte Singleton is here representing the Mount Desert Island Historical Society. They would like to have Maine DOT signs installed giving directions to the Museum School House. One on at the end of Eagle Lake Road. One at the head of the island, and one at the lights in Somesville. The Planning Board recommends that the Board of Selectman make the decision for the permit. Chairman Clunan reads section 8.4.5 of the LUZO on sign regulations.
8.4.5- Directional signs on roadsRoads: directional signsides within the Town of Mount Desert are permitted for any church, school, library, museum, or similar public facility with the approval of the Board of Selectmen on the recommendation of the Planning Board.
MOTION TO APPROVE MADE BY Jim Bright; SECONDED BY Patti Reilly
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5/0).
4. Developments on Steep Slopes
Chairman Clunan asks Mr. Andrews about steep slopes. The Comprehensive Plan will
Propose limiting development on steep slopes. Jerry Suminsby says that building in
these areas will change the Town’s character. It’s the only place left to develop.
Concerns about safety issues for fire/ police.
Kim has a question for the Board. There is a caretaker on Long Pond that wants to move a temporary dock to the other side of the point. The Board determined that they would need to come to the Board of an amended CUP or new CUP application.
The removal of PUD from Section 3.3 in the Subdivision Ordinance. Keeping the definition, but losing the PUD language. To be taken to Town Meeting. Mr. Tracy moves that CEO Keene change the language.
VI. Meeting adjourned at 8:45 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, June 11, 2007 at the Seal Harbor Fire Station, Seal Harbor.
These Minutes are done from sketchy notes and from memory.
The recorder was not on for this meeting.
Respectfully submitted,
Patti Reilly, Secretary
Jennifer L. McWain[Marker]
Deputy Clerk
Town of Mount Desert
21 Sea Street
P.O. Box 248
Northeast Harbor ME 04662-0248
Telephone (207)276-5531
Fax (207) 276-3232
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