Board Members Present Public Present
Marc Sevigny, Chairman, arrived late Robert A. Taylor
James Clunan, Vice Chairman, arrived late Katrina Carter
Joseph Tracy Alice G. Carter
Heather Jones, Secretary Keating Pepper
Lisa Renault William Hayden
Samuel M. Fox III, alt Karol Hagberg
Bruce J. Riddell
David P. Blanchard
Chad E. Blanchard
Doug Hodgdon
Kim Keene, CEO; Tammy Gordon, Recording Secretary
I. Call to order 6:02 p.m. by Dr. Fox, who acted as Chair. Mr. Sevigny will resume Chairmanship when he arrives.
II. MOTION MADE AND SECONDED (Tracy/Jones) TO APPROVE THE DECEMBER 13, 2004 MINUTES AS AMENDED. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 4-0.
MOTION MADE AND SECONDED (Tracy/Jones) TO AMEND THE NOVEMBER 22, 2004 MINUTES, AS FOLLOWS, TO INCLUDE MOTIONS THAT WERE NOT MADE:
MOTION MADE AND SECONDED (Jones/Renault) TO APPROVE ROBERT FALT’S APPLICATION FROM NOVEMBER 22, 2004. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 4-0.
MOTION MADE AND SECONDED (Jones/Renault) TO APPROVE NANCY HO’S APPLICATION FROM NOVEMBER 22, 2004. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 4-0.
MOTION MADE AND SECONDED TO ADJOURN THE NOVEMBER 22, 2004 MEETING SO SELECTMEN COULD CONVENE, STATE ITS NEW LOCATION, AND ADJOURN ITS MEETING. A VOTE WAS CALLED AND THE MOTION TO ADJOURN CARRIED UNANIMOUSLY 4-0.
The Planning Board reconvened with Mr. Sevigny as Chair.
A VOTE WAS CALLED AND THE MOTION TO AMEND THE NOVEMBER 22, 2004 MINUTES CARRIED UNANIMOUSLY 4-0.
III. Public Hearings
Proposed amendments to the Land Use Zoning Ordinance
Mrs. Jones and Mr. Clunan attended the Warrant Meeting on December 14, 2004 to present the proposed changes to the Subdivision Ordinance and LUZO.
Heather reports:
Section 3.5 of the Luzo, Permitted Use, currently has language regarding Planned Unit Developments (PUD’s). The proposed amendment would change that language to Cluster and Workforce Subdivisions. Districts would change R1 and R2 from N/A to C; SR1, 2, 3, 5 from N/A to X; RW2 & 3 from N/A to C; VC from N/A to C; SC, C, and RP to N/A and X.
Section 3.5 of the LUZO, Dimensional Requirements for Districts, states “see note g” for VC in the title under the minimum lot size. Section C, D, and E currently shows N/A. The proposed amendment would change the N/A’s to “see note g” for further clarification.
A proposed amendment would change the LUZO Workforce Housing definition from “housing that is more economically viable…” to “housing that is economically viable…”:
Proposed amendments to the Subdivision Ordinance:
A proposed amendment to Section 4.2.2.6 of the Subdivision Ordinance would remove the words in parenthesis “show on Plat”.
Section 4.5.2.1 of the Subdivision Ordinance would become Section 4.2.4 as it would flow better, and Section 4.5.2.2 would be renumbered to 4.5.2.1
Section 5.7.3.1 of the Subdivision Ordinance would refer to Section 3.6 instead of 3.5
A proposed amendment would change all instances of the word “pavement” to “road” in Section 5.14.2 of the Subdivision Ordinance when referring to the outer edge and inner edge.
Section 5.16 of the Subdivision Ordinance is currently titled “Cluster Subdivision Development”. The proposed amendment would read “Cluster and Workforce Subdivision”. Section 5.16.1 would read “Cluster and Workforce Subdivision” to be consistent with the title.
Section 5.16.2.1 would add “and Workforce” to read “Cluster and Workforce Subdivision” in the first line.
Section 5.16.2.2 adds clarification to that definition: beginning with the sentence “Workforce Housing will use the entire parcel” then adding “for calculating density (i.e. including wetlands and steep slopes).”
Mr. Sevigny stated that the reason for the amendments is to make the documents easier to use.
Mrs. Jones will make copies of her document with the proposed changes for John Brushwein and Joelle Nolan to ensure that we are working from the same document since several changes were discussed at the Warrant Committee Meeting on December 14, 2004 and presented tonight at the Public Hearing.
Subdivision Applications
A. NAME:~ Haynes Bros LLC
LOCATION:~ 40 Sylvan Rd, Northeast Harbor
TAX MAP:~ 25~~~~ LOT:~ 54~~~~ ZONE:~ Village Commercial
PURPOSE:~ Multi unit building subdivision
SITE INSPECTION:~ 3:30 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present, and alternate Dr. Fox, are the voting members for this hearing.
Dr. Fox, Kim Keene and Mr. Clunan attended the site inspection.
Site Inspection reported by Dr. Fox. Dr. Fox had previously visited the site and recommended approval.
Robert A. Taylor asked about Board members present at the site inspection and about notification. Mr. Taylor stated he had no objections to the application.
LUZO Section 6 Standards:
The Board finds that the application is in compliance with Section 6.1 of the LUZO, as amended March 2, 2004.
The Board finds that the application is in compliance with Section 6.2 of the LUZO, as amended March 2, 2004.
The Board finds that the application is in compliance with Section 6.3 of the LUZO, as amended March 2, 2004.
The Board finds that the application is in compliance with Section 6.4 of the LUZO, as amended March 2, 2004.
The Board finds that the application is in compliance with Section 6.5 of the LUZO, as amended March 2, 2004.
The Board finds that the application is in compliance with Section 6.6 of the LUZO, as amended March 2, 2004.
The Board finds that the application is in compliance with Section 6.7 of the LUZO, as amended March 2, 2004.
The Board finds that the application is in compliance with Section 6.8 of the LUZO, as amended March 2, 2004.
The Board finds that the application is in compliance with Section 6.9 of the LUZO, as amended March 2, 2004.
The Board finds that the application is in compliance with Section 6.10 of the LUZO, as amended March 2, 2004.
MOTION MADE AND SECONDED (Fox/Renault) TO APPROVE THE APPLICATION.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0
The Board signed the mylar.
Conditional Use Permit Applications
B. NAME:~ Sailing Bartlett Narrows Nominee Trust
AGENTS:~ Bruce John Riddell and David Blanchard
LOCATION:~ 12 Narrows Rd, Mount Desert
TAX MAP:~ 11~~~~ LOT:~ 33~~~~ ZONE:~ Shoreland Residential 3
PURPOSE:~ Shoreland stabilization and planting
SITE INSPECTION:~ 2:30 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported.
The regular members present, and alternate Dr. Fox, are the voting members for this hearing.
Dr. Fox, Mrs. Jones, Kim Keene and Mr. Clunan attended the site inspection.
Site Inspection reported by Mrs. Jones: There is approximately 400 feet along the shore that they want to stabilize. Some work was previously done, and they want to match it. They want to take away some of the larger rocks and add more pockets of plantings so it looks natural. They will also be planting vegetation.
Mr. Tracy stated that this is the nicest presentation he’s seen while being on the Board. Mr. Tracy recommended that Ms. Keene keep a copy of the presentation to show applicants what the Board likes to see.
Bruce J. Riddell stated that they would ensure the quality of the stone and plants. The DEP permit was received and the proposed work is approved. Mr. Riddell stated that they hope to begin working in March or April, or sooner if possible. Their goal is to start in March and end in April or May.
MOTION MADE AND SECONDED (Fox/Jones) TO APPROVE THE APPLICATION.
The Standards of Section 6. of the LUZO, as amended March 2, 2004 were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
C.~ NAME:~ Donald & Karol Hagberg
LOCATION:~ 98 Ripples Rd, Mount Desert
TAX MAP:~ 18~~~~ LOT:~ 13~~~~ ZONE:~ Shoreland Residential 2
PURPOSE:~ Excavation and fill within 100 ft of water body
SITE INSPECTION:~ 3:00 p.m.\
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present, and alternate Dr. Fox, are the voting members for this hearing.
Mr. Clunan, Dr. Fox, Ms. Keene and Mrs. Jones attended the site inspection.
Site Inspection reported by Dr. Fox: The applicants want windows in the east basement area to let in light; and to put in drainage on the north and east side of the house. At the same time, they would like to inspect the septic tank.
Karol Hagberg stated that she has lived there since 1996 and would like to put in a vapor barrier because of increasing dampness. Mrs. Hagberg stated that she sent in the DEP permit on December 8th and that Jay Robbins will do the work.
Mrs. Hagberg and Ms. Keene will discuss the windows at a later time.
MOTION MADE AND SECONDED (Fox/Jones) TO APPROVE THE APPLICATION.
The Standards of Section 6. of the LUZO, as amended March 2, 2004 were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
D.~ NAME:~ Ignacio Pessoa/Doug Hodgdon
LOCATION:~ 164 Pretty Marsh Rd, Mount Desert
TAX MAP:~ 17~~~~ LOT:~ 5-1~~~~ ZONE:~ Shoreland Residential 2
PURPOSE:~ Excavation and fill within 100 ft of water body
SITE INSPECTION:~ 2:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present, and alternate Dr. Fox, are the voting members for this hearing.
Mrs. Jones, Dr. Fox, Kim Keene and Mr. Clunan attended the site inspection.
Site Inspection reported by Dr. Fox: There are problems with water runoff from the north and west side underneath the supports for the cabin. They want to replace the foundation and divert runoff from the uphill side and also make repairs to the deck. Dr. Fox stated that it’s readily apparent that if there is no management the runoff will cause problems.
This is an after the fact application, work has begun. Mr. Tracy states that the fees for after the fact applications will soon be raised.
Sixteen yards of fill will be added to area; the applicant will file a DEP permit and use best management practices.
MOTION MADE AND SECONDED (Fox/Jones) TO APPROVE THE APPLICATION.
The Standards of Section 6. of the LUZO, as amended March 2, 2004 were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
IV. Unfinished Business
A. Signage for Pectic Seafood in Hall Quarry: Ms. Keene will send MMA a letter with a picture of the mailbox and ask directly if it is a sign or if it is not a sign. MMA stated that the Town’s LUZO Section 8.7 does not authorize the Town to enforce federal or state regulations.
Ms. Keene spoke to Sue Mills who changed her mind and didn’t think the mailbox was a sign.
V. New Business
A. NAME:~ Lois D. Hamor
AGENTS:~ G. Keating Pepper and/or Michael L. Ross, Esquire
LOCATION:~ Mount Desert
TAX MAP:~ 10~~~~ LOTS:~ 123-3 & 4
PURPOSE:~ Oak Ridge Woods Subdivision
Presentation of duplicate amended plan dated October 15, 2002, for Board signatures.
Keating Pepper reported that two years ago the Board approved an amendment to the Subdivision Plan and at that time no cul-de-sac was required. The attorney did not record the plan so it expired 90 days later. The only change is that the cul-de-sac has been removed.
MOTION MADE AND SECONDED TO SIGN THE AMENDED PLAN.
The Board signed the plan.
Keating Pepper asked if signing a new plat opened up a new 30 day appeal period and Mr. Sevigny stated that it did.
A VOTE WAS CALLED AND THE AMENDMENT WAS UNANIMOUSLY APPROVED 5-0.
VI.~~~~~Adjournment
Meeting adjourned at 8:22 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, January 24, 2005 in the Meeting Room, Town Hall, Northeast Harbor.
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