Town of Mount Desert
Planning Board Meeting Minutes
September 24, 2007
Board Members Present
James Clunan, Chairman, James R. Bright, Vice Chairman, Patti Reilly, Secretary,
Schofield (Sandy) Andrews III
Public Present
Frank E. Jordan, Jean Fosillo, Kenn Chandler, Carroll Fernald, Lyana Votey, Steve Votey, Geraldine Harris, Grace Jordan, Patricia Jordan, John Harris, Elaine Neville, Gary Neville, Jim Black, Alison King, Cheryl Carr, Marion Carr and Becky Buyers-Basso
Kim Keene, CEO; Danielle R. Goodwin, Recording Secretary
I. The meeting was called to order at 6:02 p.m.
II. The draft minutes from the September 10, 2007 meeting were unanimously approved as amended. MOTION TO APPROVE MADE BY Patti Reilly; SECONDED BY Schofield Andrews (4/0)
III. Public Hearings - Conditional Use Permits
A.
NAME: Christine H. Alfaro
AGENT: Gary & Elaine Neville - Permit Consultants
LOCATION: 88 Sargent Drive, Northeast Harbor
TAX MAP: 5 LOT: 56 ZONE: SR2
PURPOSE: Section 3.4.6 Excavation or filling greater than 50 cubic yards in a
12 month period with slopes greater than 4:1 or within 100 feet from the High
Water Mark of a water body.
SITE INSPECTION: 5:15PM
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.
Site Inspection was attended by James Bright, Schofield Andrews, and James Clunan and reported by Schofield Andrews.
The property is on the East side of Somes Sound slightly North of Valley Cove. The land is wooded with a new house being built to replace the existing one. The land comes down and drops off to the beach with approximately 20ft steep banks. Fallen trees and diminishing raw soil embankments are clear signs of an ongoing erosion problem which needs attention. Mr. Andrews also felt that due to the especially scenic nature of the lot, as it is located right on the shore of Somes Sound, special attention should be paid to ensure the scenic integrity of the area is not disturbed. Mr. Andrews added, it is obvious that someone has tried over the years to treat the erosion problem by dumping old wood, etc. over the ravine but it's clearly not doing the job.
Chairman, Clunan asked Mr. Neville to explain his plans for the area to deal with the
erosion problem. Mr. Neville submitted photographs to the board illustrating the erosion problem. He then replied that according to the DEP the project is exempt from the Army Corp of Engineers reviewing as it is above the high water mark and that this project was under more scrutiny by the DEP in that the application process required more than standard permit by rule or two-way permit application and took 6-8 months for the application and approval from the DEP. Mr. Neville referred to the lot plan in the Boards possession showing the site of the old house and confirmed that is where the new house was being built which must have also fallen under shoreline review. He subsequently described the complexity of the lot as it contains erosion along the entire 230 feet of the property, wooded areas, wood debris and a salt marsh making
it a challenging site. He proposed to the owners and architect, Keith Kroger that all the site work be done from the shore side as opposed to land access in order to decrease impact on the woods and trees in the area. He suggested using a barge to bring in equipment and stone and using crane and timber mats to protect the vegetation. As much as possible, they plan to follow the natural line of the existing slop using filter fabric behind placed stones to prevent fines from further washing through during high tides or storms. In addition, they plan to mimic natural shelf effect in the banking, bring in loam in to revegetate the area, remove leaning and structurally deficient trees on slope to prevent additional erosion. To rebuild the banking they suggest a 4 to 8 foot band of stone to retain soil and resist sliding effect especially until revegetation takes place. He suggested a dark stone which was successfully used on several other shoreline projects on
Cranberry Island and Southwest Harbor as from the water it seems to blend in to the shoreline better than lighter stone. On the upland they would use an organic excelcier mat for erosion control (which looks like coconut shavings) seeded with white clover to start revegetation and hold the soil. The owner also agreed to DEP's request to plant out with native plant pockets.
Mrs. Reilly questioned which plant species or salt water marsh species would be planted to prevent further erosion or destruction of the salt marsh as noted in DEP permit and if there were any provisions regarding responsibility of controlling exotic species if they did show up. Mr. Neville responded that nothing would be planted in the marsh itself but salt tolerant species such as pine, spruce, bayberry, roses etc. would be planted in surrounding area and that they had not considered controlling exotic species but the landscape portion would be designed by the architect.
Mr. Andrews poses the question of whether this proposal will in fact prevent erosion or encourage it as sometimes the case in such situations. While that is a possibility, Mr. Neville feels due to the relatively infrequent wave action the project would be beneficial.
Mr. Andrews expressed concern that there was no planting plan included in the proposal which he felt was important in maintaining the scenic integrity due to the sensitive location. Mr. Neville responded that they had done several other projects in town and a landscape and planting design was not required, but thought the owners would provide one if requested. Chairman, Clunan posed the question and CEO, Kim Keene confirmed that the original building plan for the house did not include a planting guide.
After further discussion and Chairman Clunan review of Sec 6. Land suitability, etc. the Board decided it needed more detailed information regarding the planting plan for the natural landscaping in the disturbed area and a provision for exotic/ invasive species and revegetation with native plants.
MOTION TO TABLE APPLICATION pending receipt of Mr. Kroger's planting plan for the natural landscaping in the disturbed area and a provision for exotic/ invasive species MADE BY Mr. Schofield Andrews; SECONDED BY Mrs. Patti Reilly.
A VOTE WAS CALLED AND THE MOTION TO TABLE CARRIED UNANIMOUSLY (4/0).
B.
. OWNERS NAME: Frank E. Jordan, Trustee
APPLICANT: Finlay B. Matheson II (Potential Buyer)
AGENT: Kenn Chandler
LOCATION: 23 Lower Dunbar, Seal Harbor
TAX MAP: 31 LOT: 87 ZONE: VR1
PURPOSE: Section 4.10 Relocation of a Non-Conforming Structure.
SITE INSPECTION: 4:15PM
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.
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.
Site Inspection was attended by James Clunan, James Bright and Schofield Andrews and reported by James Bright.
As shown on application, there is presently a shed on the back corner of the property. The shed is currently in non-compliance as there was no zoning at the time it was situated. They would like to move the shed forward approximately 17 to 20 feet and adjoin to the house to create more living space. While the proposal to move the shed and put a foundation under it will make it more conforming it would still be in noncompliance. The house is currently non-conforming, the proposed breezeway would be conforming and the new location of the shed would still be in non-compliance but would be set back from the property line an additional 1.5 feet for a total of 3 feet.
The board discussed the plan for relocation and decided that in order to attain the 'expert testimony' required in the ordinance they would like to see the new location of the shed staked out. Mr. Chandler suggests preparing the wording to state the completed project would be within a certain amount of feet from the property line as the property was currently under a purchase and sale agreement with a deadline of Oct. 25th. The board discussed and seemed to agree on granting a conditional permit subject to CEO, Kim Keene's onsite approval once staked out.
The next question is whether or not they have permission from the abutters as Town ordinance, footnote D may allow a variance to be granted or nullified by the neighbors. Chairman, Clunan read footnote D for the record and asked for comments from the public. Abutter, Cheryl Carr expressed concern that moving the shed forward would cause the snow the build up between the houses and not leave enough room for plowing which would increase her existing problem with water runoff flooding her basement. Cheryl and Gerldine Carr also expressed concern that it would be too close to the kitchen window and they really didn't want the shed moved there. Abutter, Steve Votey also expressed concern with redirecting water runoff to his house. After further discussion of the water runoff situation, plowing and possible fences, the Board seemed to agree that
the abutters' runoff issues were not the responsibility of the prospective buyers, the Mathesons.
After considerable discussion and debate of whether Footnote D or Section 4.10 would apply with reference to Section 3.6 and 4.8 and whether it should go the Appeals board or not, Chairman, Clunan stated that he believed the first sentence of Section 4.10 gave the board the authority and responsibility to deal with non-conforming structures that are moved and has precedence over note D.
MOTION TO APPROVE THE APPLICATION MADE BY Mr. Schofield Andrews; SECONDED BY Mr. James Bright.
Chairman, Clunan began by stating the following findings of fact for the board:
1. The board finds that the proposed new location of the structure is further from the property line than where the shed is now.
2. The applicant proposes to join the shed and the house by a new structure which is less than 30% of the floor area of the combined structures.
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, (1/3)
character and natural features; (1/2/1)
fencing and screening; landscaping and topography; traffic and access; signs and lighting; (Not Applicable) .
and potential nuisance, (3/0/1)
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. (Not Applicable)
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.
The Board finds that the proposal to move the shed and join it to the principal structure makes the overall new structure more non-conforming. (3/1)
After further discussion considering the lot size, layout options and desires of the prospective buyers the Mathesons, Mr. Clunan calls for a vote on the findings with respect to the main motion.
A VOTE WAS CALLED AND THE MOTION TO APPROVE FAILED (1/3)
C.
. NAME: Carroll G. Fernald
LOCATION: 6 Chauncey Somes Lane, Somesville
TAX MAP: 10 LOT: 89 ZONE: VR2
PURPOSE: Section 5.13 Subdivision Plan Revision After Approval
(Subdivision approved November 28, 2005)
SITE INSPECTION: 3:00PM
Mr. James Bright recused himself due to business dealings of his spouse in which he stood profitable gain. It was confirmed the notice was published in The Bar Harbor Times
Site Inspection was attended by Mr. James Clunan and reported by Mr. James Clunan.
The land is relatively level and slopes slightly. Carroll has dug up some of the pavement and there are now bushes there. Carroll explained the reason for digging up the pavement and the encroachment was due to confusion with the property line as the neighbors' contractor moved the stake. So when they ran the lines for the driveway the measurements were off. She also explained that in 2006 when the driveway was put in there were no set backs, but since they had disturbed it in 2007 she now had to comply with the new setbacks so she had it removed. Carroll does have abutters' permission to leave the garage where it is but needs the board to acknowledge that it meets the setback approval and remove the parking easement.
MOTION TO APPROVE the removal of the parking easement formerly located on lot #3 MADE BY Mr. Schofield Andrews; SECONDED BY Mr. James Clunan.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED
UNANIMOUSLY (3/0).
D.
Consider a request from Celeste Law for a zoning change from R1 & RW2 to R1. (Tax Map 9 Lot 93)
Petitioner, Celeste Law was not present. The board reviewed the map provided and posed a few questions regarding the zoning history of the lot, abutter input, spot zoning policies and reason for the request. After discussion the board decided they needed more information and would have CEO, Kim Keene write a letter to Celeste Law advising her of requirements to bring her request before the board.
OTHER BUSINESS
E.
After considerable discussion regarding how to proceed with the $75,000 donation to the town for a planning consultant, the board decides to have Mrs. Patty Reilly research possible candidates and draft a cover letter and RFP (request for proposal) to send to selected candidates.
IV. Meeting adjourned at 9:10 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, October 9, 2007 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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