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Planning Board Meeting Minutes - 02/13/06

Board Members Present           Public Present
James Clunan, Acting Chairman   Jerry Miller
Heather Jones, Secretary
Schofield (Sandy) Andrews III

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

I.      The meeting was called to order at 6:08 p.m.

II.     The draft minutes from the January 23, 2006 meeting were unanimously approved as amended.

MOTION made and seconded to table the verbatim minutes until a future meeting. (Jones/Andrews)

III                     The verbatim minutes from the January 09, 2006 meeting were tabled until the next meeting.

IV.     New Business
A.              Discussion: Regarding MMA letter on covenants.
        
CEO Keene explained her point of view on this matter. It is up to the road association to be sure that the land owners follow their own covenants. Code enforcement does not enforce covenants. She offered to research what the appropriate wording should be for the ordinance.
Mr. Andrews thought it may be unconstitutional to approve or deny based on restrictive covenants.
CEO Keene indicated she would seek an opinion from MMA as to the wording to be added to the ordinance.
Mrs. Jones was worried about the ordinance interfering with the comprehensive plan.


B.      Discussion: Two positions being vacated on Planning Board. (Renault/ Sevigny)

                An email was received by Mary (Lisa) Renault stating that she will not to be able to attend Planning Board meetings. Acting Chairman Clunan explained that he returned an email to Lisa asking her to submit a letter to the Board of Selectman, officially resigning from the Planning Board. This will leave a vacant seat on the Board as an alternate member.

                He then explained the permanent opening on the Planning Board being vacated by Chairman Sevigny. He then introduced Mr. Jerry Miller as one of the candidates as a Planning Board member.
                Acting Chairman Clunan asked him several detailed questions regarding his interest in the Planning Board and questions referring to his past experiences.
He then asked Mr. Miller if he would be prepared to start as soon as the Board of Selectman accepted him.
                Mr. Miller stated he could start as soon as he is able.
                
                MOTION made and seconded (Jones/Andrews) to recommend Jerry Miller to the Board of Selectmen for the open regular seat on the Planning Board. The vote was unanimous.

                Acting Chairman Clunan, next addressed David Irvin’s application offering the data that was presented on the application. The application was reviewed and discussed among the Board members. Several questions, such as those asked of Mr. Miller were discussed and remain unanswered as Mr. Irvin was not present at this meeting to answer any questions.
                Mrs. Jones indicated she would not support Mr. Irvin’s application as a Planning Board member and Mr. Andrews stated that he did not know Mr. Irvin.
                Mr. Clunan suggested tabling this discussion to a future date as Mr. Tracy has first hand knowledge of Mr. Irvin’s past experiences; he also is absent from this meeting; Chairman Clunan believes that Mr. Tracy would support this application.
All members were in agreement with this suggestion. This item will be discussed at a future meeting. No action taken.

MOTION made and seconded to table this discussion to a future meeting. The vote was unanimous.
                
                Acting Chairman Clunan then stated that Celeste Law has also submitted an application to become a Planning Board member. A short discussion followed referring to the Board of Selectmen meeting minutes of 01/17/2006. The Board of Selectmen (Mr. Smallidge) had explained at that meeting that an appeal by Ms. Law had recently been rejected and he thought she could be perceived as having a grudge or agenda; she has shown no previous interest until this time.
                The Planning Board members agree with the Board of Selectmen on this matter and will not recommend Ms. Law as a member.
                No action taken.

        C.      Acting Chairman Clunan explained a problem that he noticed in the community; a sign on the roof of the Somesville Library extends above the roofline; based on the LUZO, this is not permitted.
                CEO Keene read from the LUZO the signage language and expressed her views and suggestions.
                A short discussion followed; CEO Keene will follow up on this matter.
                No action taken.
                


V.      Unfinished Business
        A.  Draft letter to Mrs. Lehman.

                The letter was read and discussed by the Board; all agreed the letter was very well written and only two date corrections were made. Darcel will make the corrections and send it back to Chairman Clunan for approval and signature before mailing.

        B.  Discussion: LUZO changes for 2007 Town Meeting with recommendations from CEO Keene.
        
                CEO Keene explained to the Board her recommendations and the reasons behind each of them. Her concerns were not only her own, but those that she has received from others, as well.
                
                Mr. Andrews explained that he understands Mrs. Keene’s suggestions on driveways, but he believes the Town should set the standards at the minimum amount necessary for emergency situations. He feels the absolute minimum width should be in the ordinance; no more. He does not agree with slashing in such great widths. No one was exactly sure what the exact minimum was but CEO Keene will speak with the fire chief for more input on this matter.
                
                Subdivision road widths were further discussed regarding the minimum width for emergency service vehicles.
                
Culverts and their necessity were discussed briefly, and all were in agreement with the change CEO Keene is suggesting.

Section 3.6- regarding written boundary allowances was discussed next, this Section of the LUZO should be removed CEO Keene explained, this is not legal. MMA has instructed the Town that this is against State Law; getting letters from neighbors allowing variances to the LUZO shall not be permitted. This item will be discussed further at a later time. No action taken.

Cooking facilities and their definitions were discussed and CEO Keene explained her feeling on this matter and the problems she, as CEO runs into. The definition of rental house vs. guest cottage was discussed and the classifications of what kitchen facilities are. No action taken.

Mrs. Jones suggested that Board members meet with developers regarding affordable housing and invite them to come before the Board and explain their views and hear the general public opinion. It seems affordable housing is not getting the attention it should.
Chairman Clunan suggested picking a date for this invitation to be arranged.
A date of May 22, 2006 was chosen; a public notice will need to be run.
Media coverage and public attention was discussed and decided to be
                necessary to get an adequate amount of public participation.
Mrs. Jones suggested a mass mailing of sorts and Mrs. Rowan suggested, calling everyone you think should be at the meeting.
No action taken.

C.      Update from Mr. Andrews and Ms. Rowan regarding work of the Comprehensive Plan Committee.
                
Ms. Rowan explained the work they have been doing in reference to the Vernal Pool mapping and Mr. Andrew’s letter to the Board of Selectmen was read.
Acting Chairman Clunan suggested referring to this as a census; he believes that this will make people more willing to participate. He believes the public will be more acceptable of this if they don’t feel forced into it. A few minor corrections were suggested to Mr. Andrew’s letter; these will be made and the letter then forwarded to Chairman Clunan and Darcel for placement in permanent files and for distribution.

Mrs. Rowan explained the CPC/ORC is now meeting weekly and they are pushing to try to get through all of the policies. Enclosed in the Planning Board packets were economic policies and goals.
Chairman Clunan had a comment on page 5; item 4; how much money comes here from the Government? What is the percentage of government monies paid to our residents; our baby boomers, by pensions, etc. This portion of people makes up a great amount of the population. The amount of volunteer time these retirees put in to various organizations is enormous.
Ms. Rowan explained they have discussed historic and architectural policies; parks and recreation has been looked at, but it seems we don’t seem to be lacking on those policies given the area we live in.
The area historical society was brought up and discussed lightly.
Mr. Miller stated that they have Somesville pretty well inventoried but nothing to speak of in Mount Desert.
Mrs. Jones commented on the healthy foods portion of the policies but thought this was something that was already being addressed.
                Mr. Clunan applauded Ms. Rowan and the work of the CPC/ORC on this project.

Acting Chairman Clunan asked if the CPC/ORC has discussed expanding the current sewer service.
Ms. Rowan explained that this has been discussed but nothing firmly decided on. They hope to further discuss at the next meeting.
Mrs. Jones suggested inviting Public Works Director Tony Smith to the meetings that the sewer expansion is discussed.
Ms. Rowan agreed and stated she had planned to invite Mr. Smith already.
Again the work of the CPC/ORC was applauded by all.

VI.             Meeting adjourned at 7:55 p.m.  The next scheduled meeting/public hearing(s) is Monday, February 27, 2006 in the Meeting Room, Town Hall, Northeast Harbor.