Board Members Present Public Present Sam Fox
James Clunan, Acting Chair Evelyn Wehrfritz David Irvin
Heather Jones, Secretary Janet Smith Gwen Hopkins
Joseph Tracy Kathy Branch Richard Walls Sandy Andrews Bob Falt Michael Olson
Garry Blanchette Jim Bright
Scotty Hopkins Cheryl Mack-Hopkins
John Brushwein, acting CEO; Darcel Winslow, Recording Secretary; Hope Rowan, Assistant
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the March 27, 2006 meeting were unanimously approved as amended.
III. Public Hearing
Conditional Use Permit Application
A. NAME: Michael Olson
LOCATION: 1, 2 and 3 Cemetery Lane -Otter Creek
TAX MAP: 32 LOTS: 11,12,13 ZONE: VR1
PURPOSE: Animal Husbandry and Hoofed Livestock
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection was attended by Mr. Andrews, Mrs. Jones, Mr. Brushwein and Chairman Clunan and reported by Mrs. Jones. The group walked all three properties and Mr. Olson showed them the approximate area that he plans to keep livestock on.
Mr. Andrews stated that the proposed livestock area is as far away from Mr. Olson’s house as it can be, but relatively close to a neighbor’s house.
Chairman Clunan added that the area is wooded but is being cleared; there is lots of slash.
John Brushwein, acting CEO, explained that the application does not indicate the exact location; this information should be in the application, to ensure the Planning Board and the public can see precisely what is being proposed. This is an incomplete application.
Richard Walls an abutting property owner explained that in the late 1950’s, a neighbor in that area had pigs. He explained that people’s wells were contaminated and it took six months to clear up. There were no ordinances in affect at that time, but there are ordinances in affect now and the abutters are very concerned; they are all downhill.
Mr. Tracy asked about wells in the neighborhood. The neighbors present indicated they had wells that ranged in depth from 60-130 feet.
Chairman Clunan stated this may not conform to Standard 6.10 under nuisances.
Gwen Hopkins asked the Board if the public will be able to speak at the meetings following this one on this matter.
Ms. Hopkins was assured the public will be able to speak.
Mrs. Jones stated this application should not have been sent to the Planning Board; it is an incomplete application. Information such as how many, sizes, dimensions, etc. needs to be included; this is unsatisfactory. Section 6 of the LUZO needs to be used as a guide and each section needs an explanation of how it is in conformance.
Mr. Olson stated that he will retrieve a copy of the LUZO from Darcel at the Town office.
MOTION: To table the application until May 8, 2006. Seconded by Mr.Tracy.
VOTE: A vote was called to table the application until May 8, 2006; the vote was unanimous in favor.
Subdivision Application
B. NAME: Estate of Elwin Hodgdon, Evelyn Wehfritz, P/R
AGENT: Tom Benson, PLS
LOCATION: Indian Point Road, Pretty Marsh
TAX MAP: 11 LOT: 94 ZONE: RW2/RW3
PURPOSE: Sketch plan review
A set of plans was offered for the Board’s review. The Board explained in detail to the applicant that a much more complete plan would be needed. Mr. Tracy explained that all dimensions including roadways must be indicated on the plan.
The Brendun Wood subdivision lots, abutting the proposed subdivision need to be labeled by the owners of record. They were instructed to go through Sections 4.2.1 through 4.2.3 and Section 5 of the LUZO. It was explained that a second site inspection will need to be done prior to the next meeting.
The applicant explained that they will try to have the information available for the May 22nd meeting.
IV. New Business
A. NAME: Elliman Neighborhood LLC
LOCATION: 30 Neighborhood Road, Northeast Harbor
TAX MAP: 23 LOT: 17 & 19 ZONE: VR1
PURPOSE: Modification to an existing previously approved subdivision plan; to re-route sewer line location.
CEO Keene stated that because this is only a modification to an existing approved subdivision; only Section 5.13 is an issue.
Bob Falt for Elliman, LLC, explained that Ben Moore and then CEO Keene have found that the intended route of the sewer is not in fact located in the best possible spot. This is back before the Board as the intended space differs from what they were previously approved for. The now requested location will have the least possible amount of impact
on the surroundings and on traffic flow.
MOTION made by Mr. Tracy to approve the new location of the sewer for Elliman Neighborhood Subdivision. Seconded by Mrs. Jones.
VOTE: To approve was unanimous in favor.
C. Amendment to the Reorganization of the Town of Mount Desert Planning Board as amended March 4, 1997.
Paragraph 2D. Vacancies
Current wording…
When there is a permanent vacancy, the municipal officers shall within sixty (60) days of its occurrence appoint a person to serve for the unexpired term. A vacancy shall occur upon the resignation or death of any member, or when a member ceases to be a voting resident of the Town. The Board of Selectmen may remove members of the Planning Board by unanimous vote, for cause, after notice and hearing.
Paragraph 2D. Vacancies
To be changed to…
A permanent vacancy shall occur when a member’s term expires, upon the resignation or death of a member, or when a member ceases to be a voting resident of the Town.
When there is a permanent vacancy, the Planning Board shall within (30) days nominate a person, or persons, to serve the vacated term. The municipal officers within (30) days of receiving the nomination shall act upon the nomination to fill the vacated term. The Board of Selectmen may remove members of the Planning Board by unanimous vote, for cause, after notice and a public hearing.
D. Applications for appointment to the Planning Board
1. David Irvin 2. James Bright 3.Celeste Law
Selectman, Kathy Branch asked the Board how many vacancies there are on the Planning Board and whether the vacancies are for regular or alternate members.
Chairman Clunan explained that currently there is one vacancy. He asked Mr. Irvin and Mr. Bright to please explain why they would like to be nominated for the Planning Board.
David Irvin:
Mr. Irvin stated he has three reasons, civic payback; this is a good town, and he would be good at it. He stated he has lots of history with the ordinance and with the history of the town. He served on the Planning Board previously for 10 years and has served on both the Comprehensive Plan Committee and the Ordinance Review Committee.
Sam Fox spoke in favor of Mr. Irvin being nominated.
James Bright:
Mr. Bright stated that he has had successful experience as well as unsuccessful experience with the Planning Board; he also believes civic payback is important and looks forward to the Comprehensive Plan Committees changes for the Town.
Celeste Law:
Celeste Law was not present at this meeting. A short discussion followed regarding the Board of Selectmen previously not recommending her for the Planning Board.
MOTION: Made by Chairman Clunan to nominate David Irvin to the Board.
VOTE: 2-1-1 Jones opposed; Andrews abstained from voting.
MOTION: Made by Mr. Andrews to nominate both Mr. Irvin and Mr. Bright to the Board of Selectmen and let them decide which will become the Planning Board member.
VOTE: The vote was unanimous.
IV. Meeting adjourned at 7:45 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, May 8, 2006 in the Meeting Room, Town Hall, Northeast Harbor.
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