Board Members Present Public Present
Heather Jones, Acting Chair Chris Spruce Kelly Brown Sam Coplon
Joseph Tracy Barbara Reed Morhead Kennedy H. Wheeler
Schofield (Sandy) Andrews III James Reed Robert Pyle Brian Reilly
Patti Reilly, alt Frederick Brown Syd Roberts Rockefeller Terry Towne
Jerry Miller, alt Thomas Brown Gunner Hansen Dr. Sam Fox
Stewart Brecker Barbara Williams
Kim Keene, CEO; Hope Rowan, Assistant; Darcel Winslow, Recording Secretary
I. The meeting was called to order at 6:00 p.m. by Mrs. Jones.
II. The draft minutes from the February 27, 2006 meeting were unanimously approved as amended.
It was requested that the Patterson item on the agenda be taken out of order and be heard first this evening. It was agreed to and heard out of order.
Patterson Hill Subdivision/ Sam Coplon, agent
SUBDIVISION NAME: Patterson Hill Subdivision
LOCATION: Route 102, Somesville
TAX MAP: 10 LOT: 192 ZONE: RW2
PURPOSE: Modification to an existing previously approved subdivision plan; to re-route sewer line location.
Sam Coplon, agent explained that the original plan shows the sewer running down the east side of Route 102, they now are requesting a change be made to have the sewer run down the west side of the street. The decision has been made because there is a force main which is located on the east side of Route 102 and because on the west side the project will have less impact on traffic flow. He stated from a connection stand point, there is no difference at all.
MOTION made and seconded to accept the change to existing subdivision plan to re-route the sewer. (Tracy/Andrews)
Mrs. Jones asked CEO Keene if she had confirmed the 4 conditions regarding this application.
CEO Keene indicated that she had confirmed all four.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (4-0)
Jerry Miller has not been sworn in; therefore he will abstain from voting this evening on all matters.
III. Public Hearing
Conditional Use Permits
A. NAME: Fredrick and Rebecca Brown/ Tom and Kelly Brown
LOCATION: 104 Main Street Northeast Harbor
TAX MAP 26 LOT: 58 ZONE Village Commercial
PURPOSE: To operate a specialty coffee and ice cream shop.
No conflict of interest was reported, Mrs. Jones indicated that she was friends with the Browns’ but feels she can be unbiased in the proceedings. It was confirmed that the public hearing notice was in the Bar Harbor Times.
Site Inspection was attended by Mrs. Jones, Mr. Andrews and CEO Keene and reported by Mr. Andrews. He reports that this is a small building located on Main Street that has been there a long time. The Browns will be turning this building into an ice cream shop; currently there are two spots allocated for employee parking.
MOTION made by Mr. Tracy to approve the application. (Seconded by Mr. Andrews)
Mrs. Kelly Brown reports that they plan to have a specialty coffee and gelato shop that would seat no more than eight people. The hours of operation will be Monday through Saturday 7 am-8pm and Sunday 8am-8pm. They plan to be a seasonal business currently but may decide to remain open year round. They will have only a manager and 2 employees other than themselves and expect more foot traffic than sit down patrons.
The Standards of Section 6 of the LUZO, as amended March 8, 2006, were reviewed and found to be in conformance, each section was voted on individually and all found in favor unanimously. The application was found in conformance.
A VOTE WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. (4-0)
B. NAME: Northeast Harbor Library
LOCATION: 1 Joy Road, Northeast Harbor
TAX MAP: 26 LOT: 1 ZONE: VR1
PURPOSE: To amend existing CUP numbers 1985-2 and 1989-5
To demolish the existing NE Harbor Library except for western end (Mellon Room)
and replace with new structure
Site Inspection was attended by Mrs. Jones, Mr. Andrews and CEO Keene and reported by Mr. Andrews. He explained that the existing building sits on the corner of Summit and Joy Roads; they plan to demolish the existing building except for one part and replace it with a much larger, more efficient building. The new building will cover more of the lot than the existing building.
Stewart Brecker, architect for the project, presented a 75 page plan, he went over each section of the plan that would be in the jurisdiction of the Planning Board. He explained that the present building has a 9000’ square foot footprint and the proposed building will have a 10680’ square foot footprint; most of the additional space is coming from the proposed second floor of the building. He stated he has been working for several months with Public Works Director Tony Smith on the development of the plan and have worked out all of the concerning items.
MOTION made by Mr. Tracy to approve the application. (Seconded by Mr. Andrews)
Sydney Roberts Rockefeller was concerned about the timing of demolition and salvaging some of the old building.
Mr. Brecker explained that they are saving what they can.
Robert Pyle explained that some parts are being salvaged for the third time. Other parts are already in storage awaiting the new building.
The Standards of Section 5.7 of the LUZO, as amended March 8, 2006, were reviewed.
The Standards of Section 6 of the LUZO, as amended March 8, 2006, were reviewed and voted on individually as follows,
6.1 unanimous 4-0
6.2 unanimous 4-0
6.3 unanimous 4-0
6.4 unanimous 4-0 Found not applicable
6.5 unanimous 4-0 Found not applicable
6.6 unanimous 4-0
6.7 unanimous 4-0
6.8 unanimous 4-0
6.9 unanimous 4-0
6.10 unanimous 4-0
The application was found to be in conformance.
A VOTE WAS CALLED TO APPROVE THE APPLICATION, the vote was unanimous.
IV. New Business
A. NAME: Island Housing Trust/ Sam Coplon, agent
SUBDIVISION NAME: Ripples Tract Neighborhood
LOCATION: Off Beech Hill Road, Somesville
TAX MAP: 10 a portion of LOT: 48 ZONE: VR2
PURPOSE: Sketch Plan of proposed 15 lot subdivision.
Sam Coplon introduced himself, Chris Spruce and Sydney Roberts Rockefeller who were all present at the meeting to answer any questions the Board or the public may have.
Mr. Coplon explained that the Town gave 9.9 acres to Island Housing Trust in 1984-1986 for an affordable housing project. Soil tests and test wells were done and then the project died. He went on to explain that 1-2 years ago, the project became part of the MDI Tomorrow planning effort. A suitable parcel was chosen, the 10 acre parcel was then voted on at the 2005 Special Town meeting. He explained that they picked a piece that was close to town and able to have gravity fed sewer.
The lots will have shared wells and a community parking areas. The parking areas will have carts for homeowners to use to bring their groceries, etc. to their homes.
Mr. Miller asked where the homeowners will put their snowmobiles, ATV’s, boats and such.
Mr. Coplon said that it still unknown.
Mr. Tracy stated that he feels as it stands, the parking is inadequate.
Traffic concerns were raised and Mr. Coplon explained that the Traffic Committee is looking at those issues including the left turn onto Beech Hill Road. A Home Owners Association was also questioned and it was stated that plowing and maintenance should be carefully looked into.
Mr. Coplon stated it will be a couple of months before he will be submitting an application to the Planning Board.
B NAME: Maine Coast Partners, LLC/ Sam Coplon, agent
SUBDIVISION NAME: Babson Hill
LOCATION: Along Babson Creek, east of Route 102
TAX MAP: 10 LOT: 152 ZONE: R2 and RW3
PURPOSE: Sketch Plan of proposed 14 lot subdivision with possibility to subdivide further.
Sam Coplon explained that this project has three partners; a development partner, a conservation partner and Maine Coast Heritage Trust. Brian Reilly from Maine Coast Heritage Trust explained that 7 ½ acres was given to Maine Coast Heritage Trust for affordable housing.
Mr. Coplon explained that Maine Coast Partners, LLC is proposing a 14 lot subdivision and conservation land on this parcel. The lot sizes will range in size from 2-13 acres and they are proposing a 2800’ foot long road with a cul-de-sac to accommodate emergency vehicles. All of the homes will be single family homes; this will not be an affordable housing project. The wetlands have been mapped and topography has been done.
Maine Coast Partners, LLC will be asking for a waiver of the ordinance stating they must connect to town sewer if within 1500 feet. They will be asking the Board not to have to connect to the existing town sewer system.
Jim Reed, an abutter to the property, indicated that the property has a lot of rocky areas that go up and down to form gullies that could be considered wetlands. And he is concerned that if not connected to town sewer, his property could be affected by private septic systems.
Bobbie Williams also stated that with no further restrictions to not subdivide, there could be 30 or more lots up there; the town sewer requirement should not be waived; they should be required to tap into town sewer. It would have less impact on abutting property.
Mr. Tracy asked why not just connect to the town sewer.
Mr. Coplon explained the significant cost incurred by connecting to the Town sewer. It
would cost upwards of $100,000.
Mr. Tracy stated he did not feel that the price was too much; it would cost less than what they will make off one lot.
Mr. Coplon explained if they are forced to connect to town sewer they will most likely be proposing more lots.
A lengthy conversation regarding extraordinary hardship followed. The Planning Board noted that they did not feel this qualifies as extraordinary hardship.
Mr. Tracy explained that he would be more likely to accept more lots than to waive the sewer requirement.
Mr. Coplon stated he will come back before the Board with a new sketch plan when he is ready.
V. Discussion:
A letter was received by CEO Keene from Michael Olson for permission of the Planning Board to allow bike and kayak rentals from this property located (Map 32 Lot 12) on the corner of Cemetery Lane and Otter Creek Drive. The zoning for this lot is VR2.
The Board spent a significant amount of time trying to find where this type of activity could fit into the LUZO requirements of the zoning; they could not classify the activity. Therefore the activity is not permitted.
Hope Rowan invited all Planning Board members to attend the CPC meeting on April 12 at 5:30P.M.
VI. Meeting adjourned at 9:15 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 10, 2006 in the Meeting Room, Town Hall, Northeast Harbor.
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