Town of Mount Desert Planning Board
Minutes for November 13, 2007
Public Present
Jerry Suminsby; Sydney Roberts Rockefeller; Becky Buyers-Basso; Tom Martin- HCPC;
Michael Blaney- Acadia National Park
Board Members Present
James Clunan, Chairman; James R. Bright, Vice Chairman; Schofield (Sandy) Andrews III; Joseph Tracy; Patti Reilly, Secretary;
Rich Rothe- Rothe Associates; Kim Keene, CEO and Danielle Goodwin, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from October 9, 2007 and October 22, 2007 were unavailable. The draft minutes from November 5, 2007 were postponed to the end of the meeting.
III. Public Hearings were also postponed until later in the meeting.
IV. Old Business
The Board interviewed Planning Consultant Candidates Rich Rothe of Rothe Associates and Thomas Martin of Hancock County Planning Commision.
V. Conditional Use Permit(s)
NAME: Louise & Andres Roomet
AGENT: Burdick & Associates Landscape Design - Bobbie Burdick
LOCATION: 2 Asticou Hill Trail, Northeast Harbor
TAX MAP: 5 LOT: 3-2 ZONE: VR2
PURPOSE: Fences or walls that exceed Code Enforcement Officer's authority.
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
Site Inspection was attended and reported by Joe Tracy who explained the location of the fence. Chairman Clunan inquired as to the slope of the land. To which Mr. Tracy responded that the retaining wall currently there was 6 ft from the road at its narrowest point and the trees were located approximately 2 ft from the roadway therefore a fence could go on either side of the trees.
Chairman Clunan introduced the submitted pictures which the Board reviewed and discussed amongst themselves. He then asked if the purpose of the fence was to protect the trees. Mr. Tracy agreed that the fence was to protect the trees but also to cut down on headlight intrusion and he would not approve of location in front of the trees.
Sandy Andrews questioned the location of the Right of Way for the abutting property as there are regulations for distance from a ROW. Mr. Tracy responded that the ROW was at the edge of the roadway and suggested tabling the application until a survey is provided showing the location of the ROW, Mr. Andrews seconded.
Bobbie Burdick expressed concern for the excessive traffic and service vehicles hitting trees and running over the plants. Mr. Bright suggested cutting down the trees but Ms. Burdick explained that they aid in the privacy of the garden.
Mr. Tracy was concerned with going against the ordinances already in place. Mr. Andrews agreed that without knowing where the fence would be on the property in relation to the ROW they couldn't be sure and suggested to the Board that they wait for a survey.
Mr. Bright inquired as to the regulations and recalled a parameter of 6 ft from the ROW.
Chairman Clunan then read section 3.4.1 of the Land Use Zoning Ordinance:
7. Fences and walls: A solid fence (as opposed to a rail or similar fence) or wall, more than four (4) feet in height, measured vertically from the ground directly beneath the fence or wall, shall require either a Code Enforcement Officer or a Conditional Use Permit. Such fences or walls shall not unduly restrict scenic views. The structural side of the fence shall not face the public view.
1. A Code Enforcement Officer Permit may be issued for solid fences or walls up to six (6) feet in height provided that:
a. A setback of six (6) feet is maintained from roads, sidewalks, and right-of-ways.
b. It does not obstruct highway visibility.
c. A plan for vegetative screening, in the six (6) foot setback area, is provided that produces a minimum of twenty (20) percent cover of the fence or wall area. The plan must be implemented and maintained.
2. Fences or walls that do not meet the above criteria shall require a Conditional Use Permit from the Planning Board.
After further discussion among the board members and Ms. Burdick about the possibility of using boulders, it was concluded that a decision couldn't be made until a survey was provided showing the ROW.
MOTION TO POSTPONE APPLICATION until Ms. Burdick provides a survey with the ROW MADE BY Mr. Tracy; SECONDED BY Mr. Andrews.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5/0).
VI. New Business
Acadia National Park Conservation Easement Proposal.
Chairman Clunan asked the Board if they wanted to write an opinion to Mr. Steele. Mr. Tracy replied, "no comment."
Mr. Andrews posed several questions including whether or not there would be tent platforms, a dedicated island trail for public access and a porta-potty. Mr. Blaney responded that the Maine Coast Heritage Trust owns the property and did intend to put tent platforms and two storage buildings, it would be on an island trail and although there would not be a porta-potty there would be a primitive toilet.
Chairman Clunan asked what a hacking box was and if fishing would be allowed. Mr. Blaney explained that hacking boxes are homes where small birds to grow up and fishing would be allowed. Chairman Clunan then looked to the Board and Mr. Tracy for any questions.
MOTION TO respond "no comment" MADE BY Mr. Tracy; SECONDED BY Mr. Bright.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED (4/1).
VII. Other
A. The draft minutes from the November 5, 2007 meeting were unanimously approved as amended.
B. At 8:55 PM the Board announced an executive session for the purpose of discussion the two planning board consultant candidates under Section 1 MRSA Title 405, Subsection 6, Subsection A.
The Board returned from executive session under Section 1 MRSA Title 405, Subsection 6, Subsection A at 9:10 PM.
MOTION TO recommend hiring Rothe Associates MADE BY Mr. Andrews; SECONDED BY Mr. Tracy.
A VOTE WAS CALLED AND THE MOTION CARRIED (4/1).
VIII. Meeting adjourned at 9:25 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday December 10, 2007 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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