Town of Mount Desert
Planning Board
Minutes July 10, 2006
Board Members Present Public Present
Schofield (Sandy) Andrews III Alison King Michael Ross
James R. Bright, alt Alice Carter Katrina Carter
James Clunan Greg Johnston Ben Moore
Heather Jones, Chairman Chris Moore Michael Phillips
Gerard M. Miller, alt Eben Salvatore
Joseph Tracy
Patti Reilly, Secretary
Kim Keene, CEO; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the June 26, 2006 meeting were unanimously approved as amended.
IV. New Business
A. NAME: Acadia Gateway LLC
AGENT: Greg Johnston, CES
LOCATION: Schoolhouse Ledge, Northeast Harbor
TAX MAP: 5 LOT: 23-1 ZONE: R2
PURPOSE: Proposed 4 lot subdivision of 8.6 acres.
Mr. Bright asked to be recused due to the fact he and his wife will benefit financially from this endeavor, if approved.
Mr. Greg Johnston, P.E., CES, Inc. was present and explained part of the purpose tonight is to discuss the access to the lots. Schoolhouse Ledge Road is considered a 20 foot wide right of way; also there is a 20 foot wide right of way (ROW) access to the property. He asked the Board if there have been situations and/or applications in the past that may allow additional housing with a limited ROW access. He has had preliminary discussions with the Fire Chief regarding similar situations in Town.
From the pre-application information provided, maps and plans were consulted. Manchester Road was corrected to Millbrook Road. Board looked at the location of the existing ROW, in relation to Millbrook Road and Schoolhouse Ledge; the lay of the land; and, abutters and surrounding uses (trails, golf course). The ROW is not currently in use. There are utility poles and sewer lines. Attorney Michael Ross presented plan dated 1901showing the ROW, and an original plan for Schoolhouse Ledge.
The issue is that the Subdivision Ordinance requires the ROW to be 50 feet wide. However Section 6.1 Waiver and Modifications refers to special circumstances/extraordinary hardships allowing the Board to waive certain provisions.
A lengthy discussion followed regarding safety and environmental issues, and the Comprehensive Plan and orderly growth. Attorney Ross wondered if it would make any difference if the ROW requirement was only 45 feet. And to the suggestion of sectioning off and selling a lot every 5 years, it was agreed that takes away from the planning aspect. From the discussion of road safety issues, Board agreed it would want the Fire Chief to appear before the Board to answer questions. Mrs. Jones expressed concerns that Schoolhouse Ledge Road can't meet the 16 foot width with 3 foot shoulders.
In a review of the lots and different means of access, it was determined that there is another ROW that might be used. CEO Keene suggested having no more than 2 lots accessed by ROW, thereby making it a driveway. Another lot could be accessed by Schoolhouse Ledge Road, and another by the other ROW. Mr. Bright reasoned that by allowing something like this, it could penalize future owners, and could open the Town to lawsuits. CEO Keene withdrew her suggestion stating she did not realize there were abutters. Abutters were identified. It was not known if the abutters have rights to the ROW. But they do have access to the road.
Mr. Johnston said they will do more research.
III. Public Hearing Conditional Use Permit Applications
Mr. Wade was still not in attendance; therefore, Board addressed item III. B.
B. NAME: Michael Phillips/Dominic Coyne/Kathleen Bollman
LOCATION: 11 Sea Street
TAX MAP: 24 LOT: 101 ZONE: VC
PURPOSE: To modify second floor of multi-use building; creating 2 dwelling units.
Mr. Michael Phillips was present to explain the request. In one of the amendments to the original application, they mistakenly requested 2 bedrooms on the second floor instead of dwelling units. Originally they had 5 on-site parking spaces designated for residential dwelling units, although there were 7 spaces on the property. Currently there are 6 on-site parking spaces and 2 would be required for the dwelling units. Chairman Jones described the additional 10 off-site spaces and 3 on-site that Planning Board required. Mr. Phillips said he thought the Board required 2 of the 3 for residential, but did not require any for commercial. CEO Keene has reviewed file and summarized: There was no recorded discussion of on premises parking, only the 10 off-site spaces. When asked if he
plans to rent the dwelling units, Mr. Phillips replied no; they will be used by summer help and him. After further discussion of general parking issues within the Town, including previous concerns from citizens that another restaurant in the area would adversely impact the Town parking lot, Mr. Bright cautioned against passing something that isn't going to be enforced. Mr. Phillips was asked if employees use the off-site parking spaces and walk to the restaurant, and he replied no. Mr. Phillips argued it would be difficult to dictate who could park where and when, especially regarding the Town parking lot. Chairman Jones stressed that parking is an issue in Northeast Harbor. Again the question of what is enforceable and who would enforce. Mr. Phillips said the users of his building do not use the Town parking lot for overnight parking.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Andrews.
Board reviewed LUZO Section 5.7 which states: An amendment to a Conditional Use Permit may be issued by the Planning Board only:
1. in conformity with the procedural and substantive requirements set forth in Sections 3 and 6;
2. on finding that there have been significant changes of conditions or circumstances; and
3. when justified by a statement of findings of fact and reasons.
Section 5.7.1 Section 3 and Section 6 Board finds that the application has met the requirements and is no more impactful.
5.7.2 Board finds that the applicant has changed application to clarify use, is no more impactful, and meets the requirements 2 parking spaces on premises.
5.7.3 the Board finds that the applications is no more impactful than existing use.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
A. NAME: David Wade III
LOCATION: Richardson Avenue
TAX MAP: 33 LOT: 36 ZONE: VR2
PURPOSE: Services 2
Applicant not present.
CEO Keene explained the purpose of the application. Mr. Wade is in the process of building a house for his daughter who does arts, crafts and makes jewelry. CEO Keene explained to Mr. Wade that the use was more of a Home Occupation. Mr. Wade felt they needed a sign larger than allowed by Home Occupation (2 square feet). Services 2 allows a 32 foot square sign. Board noted retail sales are not allowed in the VR2 zone. Board determined it does not agree with the Services 2 classification and asked CEO Keene to encourage the applicant to come in and talk with Board.
IV. Meeting adjourned at 7:15 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, July 24, 2006 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly
Secretary
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