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Planning Board Meeting Minutes - 01/23/06

Board Members Present           Public Present
James Clunan, Acting Chairman   Sam Fox         Sam Coplon
Heather Jones, Secretary                David Irvin             Merrill Elias
Joseph Tracy                            William Burnett Arthur Jacobs
Schofield (Sandy) Andrews III, alt      Brian Reilly
Patti Reilly, alt                       Jerry Suminsby

Kim Keene, CEO; Hope Rowan, Planning Assistant; Darcel Winslow, Recording Secretary

I.      The meeting was called to order at 6:00 p.m.

II.     The draft minutes from the January 09, 2006 meeting were discussed and it was decided that due to the sensitive nature of the Newlin application that the Public Hearing section of the minutes should be done verbatim. They will be revisited at the next meeting.

III.    Unfinished Business
A.      NAME:  Robert Patterson/Sam Coplon, agent
SUBDIVISION NAME:  Patterson Hill Subdivision
LOCATION:  Route 102, Somesville
TAX MAP:  10  LOT:  192  ZONE:  RW2
PURPOSE:  Completeness Review
        
        Chairman Clunan explained the purpose of a completeness review and asked Mr. Coplon to explain the events leading up to this date.
        Mr. Coplon explained that this application was started a year ago by submitting a sketch plan and walking the property with the Planning Board. The application was then put on hold to make sure they had the most reasonable plan and for due diligence on the architect’s part.
        Mr. Tracy asked Mr. Coplon why parts of the plan only show half of the lots, he explained that the lots look cut off.
        Mr. Coplon explained this was done intentionally because the parts that aren’t shown have no effect on the project.
        Mr. Tracy asked about set-backs around Denning Brook, and suggested that these set backs be shown on the plan.
        Mr. Coplon stated he will return with plans that are not cut off.
        Chairman Clunan stated that he sees some discrepancies in the covenants but will proceed with Sections 4.2.1 and 4.2.2 to see if the discrepancies are addressed therein.
        CEO Keene was asked to contact MMA Legal Services to check on whether the Planning Board can limit or not permit due to covenants.
        CEO Keene stated she would contact MMA, as asked.
        
The Standards of Sections 4.2.1 and 4.2.2 of the Subdivision Ordinance were reviewed, the application was found complete. A Public Hearing will be held on February 27, 2006.



IV.     A.      Discussion regarding the mapping of vernal pools.
Chairman Clunan began by asking Hope Rowan for the definition of a vernal pool.
It was described as ‘spring puddles’. He also asked if mapping of these vernal pools is essential. Ms. Rowan explained that it is part of proposed Legislation. She also explained that not all spring puddles would be mapped only those that are significant. This mapping would be done by volunteers and property owners would not be asked to pay for this service. It was added that if the legislature does enforce this, property owners very well may have to pay for this service in the future.
Several suggestions were discussed.
It was agreed that a letter would be written to the Board of Selectmen stating the Planning Boards recommendations for this mapping process. Mr. Andrews was asked to write the letter; Mrs. Reilly volunteered to help with that process.
It was also determined that Mr. Andrews will serve as liaison between the CPC/ORC and the Planning Board.


B.      Discussion of workshop concerning the Lehman letter requesting a change in zoning of their property.
After some time of general discussion regarding zoning changes and spot zoning, it was reconfirmed that an isolated lot can not be changed, a large section needs to be changed or it would be considered spot zoning, unless, Jerry Suminsby pointed out, there was an error on a lot’s zoning and it was zoned incorrectly. That is not the case here. The whole area is zoned the same way.
Mr. Andrews explained that the zoning only allowed division into two lots and since the family has three kids; they want the zone to change to enable them to give a lot to each of their kids, not because of a mistake in the zoning, He added that the Comprehensive Plan is currently in the process of being changed; this issue will have to wait until after those changes are made.
Chairman Clunan will write a letter to the Lehman’s regarding this discussion and the necessary waiting time for the new Comprehensive Plan to be put into place.
        

C.      Discussion of the ORC/CPC calendar and upcoming events and deadlines. Chairman Clunan explained that a time line had been sent to all members via email; a hard copy of this email was available for everyone at this meeting. A few questions were asked as far as deadlines were concerned and Ms. Rowan explained the deadlines she had been given by the State of Maine and the Hancock County Planning Commission. She stated that her absolute deadline to have things ready for the HCPC is September 1, 2006 and therefore she believes that the deadline for Planning Board and CPC/ORC to have things together should be in July.
Jerry Suminsby asked any and all available members of the Planning Board to come to the CPC/ORC meeting Wednesday January 25th at 4:00 P.M. Mr. Andrews offered to attend and to serve as a liaison for the information between the two Boards.
A workshop will be added to the Planning Board schedule on the agenda of 13 February 2006 and the items to be discussed will be for each member to pick three things they think did or did not work (in regards to the Comprehensive Plan) for the next meeting.

CEO Keene briefly brought up the Phillips project ongoing on Sea Street. She explained that the approved use has again changed and she wants to know if the Planning Board would like to revisit that approved application or leave it alone. The change is a proposed catering business now, instead of a restaurant.
After discussion, it was agreed that as long as Mr. Phillips can run the now proposed catering business under the restaurant guidelines he was previously approved for; the Planning Board sees no problem with the change.


V.      Meeting adjourned at 8:45 p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 13, 2006 in the Meeting Room, Town Hall, Northeast Harbor.