Board Members Present Public Present
Heather Jones, Chairman Edward Gould, atty Gwen Hopkins
James Clunan, Vice Chairman Dick Vander Zanden Jane Smith
Schofield (Sandy) Andrews III Lynn Wehfritz Richard Walls
Patti Reilly, Secretary Carol Williams Michael Phillips
Jim Bright, alt Lynn Hand Robert Mace
Jerry Miller, alt Nat Fenton Tom Benson
Tony Smith Michael Olson
Greg Johnson Don Gooding
Steve Caromile Dave Ashmore
Kim Keene, CEO; Hope Rowan, Assistant; Darcel Winslow, Recording Secretary
I. The meeting was called to order at 6:10 p.m.
II. The draft minutes from the May 8, 2006 meeting were unanimously approved as amended.
III. Public Hearing
Conditional Use Permit
A. NAME: D.P. Coyne, Michael Phillips, Kathleen Bollman
LOCATION: 11 Sea Street, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: VC
PURPOSE: Amendment- To add a unit by converting existing garage into retail space.
SITE INSPECTION: 5:40 P.M.
No conflict of interest was reported. The regular members present and Mr. Bright are the voting members for this hearing. (Mr. Miller not voting)
Site Inspection was attended by Mr. Andrews, Mrs. Reilly Mr. Bright, and Mr. Clunan and reported by Mr. Clunan. He explained the garage is on the East side of the main building; the applicant wants to use the garage for off premise activity.
MOTION to approve by Mr. Andrews; seconded by Mr. Bright.
Michael Phillips explained they are proposing to convert a one car garage into retail space they plan to use this building for retail flower sales along with wine and cheese sales. He explained the Maine liquor laws and explained the issue of the laws to obtain an off premise liquor license. Currently and previously permitted by this Board, the property houses a to-go shop, a day spa, an office and a residential unit.
Mr. Clunan asked Mr. Phillips if this proposed change will effect his parking needs.
Mr. Phillips explained that they currently have 3 spaces in the front, they have a concrete
pad for a three car garage that is used for parking and they lease additional space from
Dana Haynes. This change will not change the staffing numbers and the area in question is less than 100 square feet of space.
CEO Keene brought up two concerns, first, the parking spaces allotted for the previously approved use; those spaces were already counted as needed space for the previous approved uses and second Mr. Phillips now states that the space upstairs will be used as two apartments; this has not been approved. If he is proposing apartments, he will need to come back before the board again.
Mr. Phillips stated that for now they are just asking for what is on this application; they will do whatever necessary to comply when the time comes for the other space in question.
The Standards of Section 6 of the LUZO, as amended March 8, 2006, and Subdivision Section 5.13.1-5.13.3 were reviewed and found to be in conformance, the application was found in conformance.
Unfinished Business
A. NAME: Frank Newlin; RJ Vander Zanden, agent
LOCATION: Off Harborside Road, Northeast Harbor
TAX MAP: 26 LOT: 38-1 ZONE: SR1
PURPOSE: To complete findings of fact as instructed by the ZBOA on Section 6.6 only.
FINDING OF FACTS SECTION 6.6 COMPATIBILITY
The Board finds that,
1. Physical size: The Board finds that the application is compatible in physical size as required in Section 3.14.7 of the LUZO but is not compatible in relation to its surroundings. VOTE: 3-1
2. Visual Impact: The Board finds the application is compatible in terms of its visual impact to its surroundings. VOTE 3-1
3. Proximity to other structures: The application is not compatible in its proximity to other structures due to its impact on the safety of navigability of waters in the area. VOTE 4-0
4. Density of Development: The application is not compatible with density of development due to impacts on the safety of navigability in the already densely developed area. VOTE 4-0
These findings are to be submitted to the Zoning Board of Appeals.
B. NAME: Michael Olson
LOCATION: 1, 2 and 3 Cemetary Lane -Otter Creek
TAX MAP: 32 LOTS: 11,12,13 ZONE: VR1
PURPOSE: Continued from 04-11-06; Application for CUP for Animal Husbandry and Hoofed Livestock
SITE INSPECTION: 5:15 P.M.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection was attended by CEO Keene, Mrs. Reilly, Mr. Clunan, Mr. Bright, Mr. Andrews, and Mrs. Jones and reported by Mr. Andrews.
Mr. Andrews explained that this property is off Cemetery Lane in Otter Creek. The applicant has applied for an Animal Husbandry and Hoofed Livestock Conditional Use Permit. The area where the proposed pig pen will be placed is as far away from Mr. Olson's house as possible but as close to his neighbors property as possible. The slope of the land is towards the neighbors as well.
MOTION to approve by Mr. Bright; seconded by Mr. Andrews.
Mrs. Jones asked Mr. Olson to explain what it is he wants to do.
Mr. Olson stated he is proposing a 50 foot by 50 foot pig pen and a chicken pen in the stated location. He is proposing to have 3 pigs and 12 chickens.
Richard Walls, an abutter to Mr. Olson's property asked the Board to explain to him what the zoning is on Mr. Olson's lot. He explained that the wells in this area were contaminated once before many years ago due to pigs on the property that Mr. Olson now owns. If this permit is granted, the abutters would like the Board to explain who is responsible for fixing the contaminated wells and land should it become contaminated again. Mr. Walls explained that the Board would be granting this permit knowing that this problem has occurred in the past.
Gwen Hopkins the neighbor closest to Mr. Olson's proposed pig-pen, stated that she may need to dig a new well on her property and that she is a diabetic and must walk everyday. She does not want to take walks smelling someone pig pen, and said, "not to mention the bugs and flies this will bring". She explained that Mr. Olson has hundreds of feet of land and does not understand why he insists on placing this pig pen 10 feet from her back yard. "It is un-neighborly".
Mr. Clunan read aloud from the Maine State Manure Utilization Guidelines regarding manure field stacking sites. Based on these guidelines it was suggested to Mr. Olson that he needed to hire a qualified professional to develop site specific setbacks for the pig pen and manure field stacking sites. When asked what the exact slope of the proposed site is, it was stated by Mr. Walls that the slope was 12%.
Mrs. Jones explained to Mr. Olson that he needs to submit a specific plan, with locations, sizes, etc. all in place.
Mr. Olson asked the Board where they would like him to put his pig pen and if the Board objected to the pigs, would they please still consider the chickens.
It was then explained to Mr. Olson that the Board does not tell anyone where or where not to put something; the applicant applies for something in a certain place and the Board either approves or denies what it is the applicant specifically applies for, with or without conditions. Mr. Olson was urged by Mrs. Jones to withdraw the hoofed livestock portion of his application. She explained that CEO Keene could come to Mr. Olson's to help him determine where the best location for a pig pen or chicken house would be.
Mr. Olson asked if the Board was telling him to withdraw the chicken part of the application as well.
Mr. Andrews stated that because the application was for two things, it would be cleaner if he [Mr. Olson] withdrew and started over with a chickens only application.
Mrs. Jones asked Mr. Olson if it was acceptable to him to withdraw.
Mr. Olson stated it obviously was not optional so it has to be acceptable.
APPLICATION WITHDRAWN.
C. 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
SITE INSPECTION: 3:00 P.M.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection was attended by Mr. Clunan, Mrs. Jones, Mr. Andrews and reported by Mr. Clunan. He explained that this road is accessed over a right of way which he believes it to be Fire Road 820. There are some steep spots and the land rolls up and down. They walked in to where the cul-de-sac will be located which is right behind Brendun Woods Subdivision. The parcel also abuts Acadia National Park property to the east.
Tom Benson showed the Board where the road will be and indicated there may be some issues crossing wetlands. There is a stream they plan to cross with a culvert and the area
is heavily wooded; a couple of vernal pools possibly exist on Lot number 5. A 50-75 foot buffer is planned and the DEP has issued a brook crossing permit; the wetland areas are noted on the plans. Right of way and storm drains were also pointed out to the Board. The stream runs across Don Denning's land and then to the ocean. Greg Johnston from CES will be assisting Mr. Benson with this project.
A formal application and fees will be submitted to the Town. A completeness review will be scheduled at that time.
No action necessary.
New Business
A. NAME: Estate of Joseph T. Musetti
AGENT: Nathaniel Fenton & Personal Representative
LOCATION: Westerly and Easterly sides of Hall Quarry Road
TAX MAP: 19 LOT: 12, 17-1 and 19 ZONE: SR2/ R2
PURPOSE: Functional Land Division
No conflict of interest was reported. The regular members present and Jerry Miller are the voting members for this hearing.
Mr. Fenton explained that this land and buildings was willed to the parties by Mr. Musetti. They would like to divide the land these buildings sit upon. Each building and the land surrounding it was described and discussed. Lots 1-8 were divided between grand daughters and daughter-in-laws of Mr. Musetti. One lot (lot # 3, east side) is to be sold.
All of the structures on the separate lots predated the adoption of the LUZO except Mr. Musetti's residence (lot # 3). No use differing in quality or character in degree is being created. The current use of the cottages, being seasonal rentals, and the use of Mr. Musetti's residence are not different in kind in its effect on the neighborhood.
The Standards of Section 4.11 of the LUZO, as amended March 8, 2006, were reviewed and found to be in conformance, the application was found in conformance.
A final plan will be submitted to the Town for signatures.
B. NAME: Brian Hamor/ Tall Pines Subdivision; CES agent
LOCATION: Route 102, Somesville
TAX MAP: 20 LOTS: 2-1 & 2-2 ZONE: VR2
PURPOSE: Sketch plan review of workforce housing subdivision.
SITE INSPECTION: 4:00 P.M.
Site Inspection was attended by Mr. Clunan, Mr. Bright, Mrs. Jones and Mr. Andrews and
reported by Mr. Clunan.
Steve Caromile, CES agent explained the sketch plan to the Board. He described this project as a workforce housing subdivision. It is located on Route 102 in Somesville and the land totals 2.6 acres. He explained the subdivision will be serviced by two 16 foot wide driveways and private wells and septic systems. There are 7 proposed houses within this division and Mr. Caromile stated that they could choose to have 10 if they wanted to.
The Board questioned the safety of the driveways off of Route 102 and the density of the area; this proposed subdivision will abut another subdivision known as Patterson Hill. Tony Smith offered a great deal of concern and input to this proposal and had many questions for Mr. Caromile.
A formal application and applicable fees will be submitted to the Board.
IV. Meeting adjourned at 10:10 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, June 12, 2006 in the Meeting Room, Town Hall, Northeast Harbor.
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