Board Members Present Public Present
Marc Sevigny, Chairman Frank Gott Mike Doty
James Clunan, Vice Chairman Leslie Spurling Glen Merchant
Heather Jones, Secretary Hope Rowan Noel Musson
Joseph Tracy Sarah Hinckley Joelle Nolan
Lisa Renault
Samuel M. Fox III, alt
Kim Keene, CEO; Barbara Williams, Assistant; Tammy Gordon, Recording Secretary
I. The meeting was called to order at 6:00 p.m. by Vice Chairman James Clunan.
II. The draft minutes from the January 10, 2005 meeting were unanimously approved as amended.
Mr. Sevigny assumed the Chair.
III. Public Hearings - Conditional Use Permits
A. NAME: Henry R. Abel & Co LLC
LOCATION: 408 Sound Dr, Mt Desert
TAX MAP: 8 LOT: 78-2 ZONE: Shoreland Commercial
PURPOSE: Build new boat storage building
SITE INSPECTION: 3:15 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection attended by Mrs. Jones, Dr. Fox and Mr. Clunan, and reported by Mr. Clunan. Proposed building site is at Abel’s boatyard where the land slopes steeply down to the shoreline. About two thirds of the way down is an open space where soil and rocks have been removed, and used for improvements to the shoreline, a few years ago, which the Board permitted. Now there is an open space that looks like an old quarry pit. The area is relatively flat and a few pieces of machinery are stored there. There is already a concrete pad in place on the west side. There are no trees in the area and the actual space where the building would go is level with a high bank behind it, and large building up on the bank. The
diagram is clear. A discussion of the prior permit and what was permitted led Mr. Tracy to speak to the history of the proposal. He described two purposes: create rubble rock for shoreline and future site for this building. Some Board members (Clunan, Fox, Jones) remember discussion of a building for this space; however, it was larger, L-shaped, and would have connected with the existing building. CEO Keene checked the file and found nothing about the building, only a permit for rip-rap. Mr. Tracy recalled the applicants saying there will probably be a building at this location because no quarrying is allowed. But this is not a quarry; it is simply using the leftovers of their own material for site preparation.
Mr. Frank Gott, agent for the applicant, described the building size as 50 ft x 51 ft with a 40 ft x 41 ft concrete apron in front of the building. It will be located in front of existing building and the peak will be about 18 ft below the peak of the existing building. Roof and building are painted brown to blend in. This building won’t be heated and will be used to store wooden boats.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Clunan/Fox).
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 condition is applied to 6.4 Erosion Control: the Board requires that the applicant use Best Management Practices.
A VOTE WAS CALLED AND THE MOTION WITH THE ADDED CONDITION CARRIED UNANIMOUSLY 5-0.
B. NAME: ARMGO, LLC/Peter O’Neill
LOCATION: 12 Dodge Point Rd, Seal Harbor
TAX MAP: 1 LOT: 13-1 ZONE: Shoreland Residential 2
PURPOSE: Construction of pile supported pier with seasonal ramp and float
SITE INSPECTION: 2:30 p.m.
Board discussed who comprises ARMGO, LLC and what interest Peter O’Neill has in the property. Glen Merchant, property manager, stated that George and Abby O’Neill are the owners of the property and they are ARMGO, LLC. Peter O’Neill is overseeing the project and has been authorized by ARMGO, LLC to do so. Noel Musson, CES, and agent for the applicant, referred to the Deed of Partition included with the application that shows Peter O’Neill as the Managing Member of ARMGO, LLC. There seemed to be some confusion as to who is the owner.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. However, Mr. Clunan stated that he is a member of an organization located across the street from the applicant. He has no bias and Board found no objection to Mr. Clunan participating in the hearing. Board noted how pleased it is with the presentation of the application. The regular members present are the voting members for this hearing.
Site Inspection attended by Dr. Fox, Mr. Clunan, Mrs. Renault, and Mrs. Jones and reported by Dr. Fox. As described on the application, the request is for the construction of a pile supported residential pier with a 3 ft x 45 ft seasonal ramp and 12 ft x 24 ft seasonal float. The proposed pier will be shared by two adjacent property owners and will be serviced by electricity and seasonal fresh water from an existing cottage on site. They viewed the area the pier would extend. Dimensions meet the LUZO guidelines (Section 3.4.14) for piers and docks. The length of the pier, 206 ft, is within the allowable maximum length of 225 ft; the length all permanent structures, 137 ft, complies with the maximum allowable length of 150 ft; the
ramp and float (non-permanent structures) length of 69 ft is within the allowable maximum of 75 ft; the width of the pier walkway, 5 ft, and of the ramp, 3 ft, are within the allowable maximum of 6 feet each; and the float, 288 sq ft, complies with the maximum of 400 square feet for a single lot float.
Mr. Musson said the design of the pier is situated within a natural vegetative break on the shoreline to minimize impact. It is located on the southeastern side of the property in close proximity to an existing easement from the abutting parcel that will share the pier. The intent is to keep a low profile. There can be quite a bit of wave action in the area and that was taken into consideration with the design. Both pile and crib were considered. In this instance, it is Mr. Musson’s opinion that the pile design has less impact. The footprint of a granite crib would be more than the piles. Dr. Fox related that at mean low, low water there will be five feet on the sea side of the float and 4 ft on the shore side; these conform to the guidelines of less than 6 ft on sea side. Also the end of the pier is approximately 40 feet from the lot line, which is more than the 25 ft requirement. The land end of the pier does not have vegetation; there should be minimum disturbance of
vegetation.
Chairman Sevigny asked about the proximity of the pier to any moorings in the area. Mr. Musson presented a larger plan and replied that he had met with the Harbormaster several times during the planning process to ensure they would not be in a mooring field. He pointed to a mooring on the plan that is within 73 ft of the pier and noted it is not a legal mooring and will be removed. The closest mooring is about 165 ft. Mr. Tracy asked if the applicant is happy with the size of the float and Mr. Musson replied yes. Mr. Clunan referred to the site diagram provided and the reference line to “lighthouse”; it is actually a day marker on Bunker’s Ledge. The plan will be corrected.
Dr. Fox noted that application has been made to the DEP and ACOE, but no response has yet been received. Mr. Musson said that is correct. Usually he would obtain these permits first; however because this goes below the mean low water mark, it does not qualify for a Permit by Rule. Application must be made for a full NRPA permit that takes a lot longer.
No comments from the public.
Chairman Sevigny led the review of the LUZO Standards of Section 3.4.14 Marine Structure Performance; they were found to be in conformance, as noted on the application.
The Standards of Section 6 of the LUZO, as amended March 2, 2004, were reviewed and fund to be in conformance, as noted on the application. There was a lengthy discussion about the owner, applicant, and agent. Chairman Sevigny requested a letter of authority from the owner giving Mr. Musson permission to act as agent. Mr. Musson thought that had been done with the Deed of Partition and letter of authorization by Peter O’Neill. According to Mr. Merchant, George and Abby O’Neill are ARMGO, LLC and the owners. Mr. Musson stated he has no problem obtaining a letter of authorization. In regards to 6.6 Density, Mr. Clunan noted there are not a lot of piers in Seal Harbor; therefore, this is an increase in density. Chairman Sevigny noted there are at least two others on the
plan, one of which is substantial in size with a boathouse. Comparatively speaking, this is a lot less of an impact.
MOTION MADE AND SECONDED (Tracy/Renault) TO APPROVE THE APPLICATION.
Mr. Tracy stated he is confident that Peter O’Neill is the proper authority to grant Mr. Musson permission to act as agent. In looking at the Deed of Partition, Peter O’Neill is described as the managing member of ARMGO, LLC. Chairman Sevigny would still like to have a letter of authority. Mr. Musson said that would be no problem.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0 WITH THE FOLLOWING CONDITIONS: 1. Best Management Practices will be used; 2. a Letter of Authorization for Mr. Musson to act as agent; and 3. approval contingent upon receipt of DEP and ACOE permits.
IV. Unfinished Business
None presented.
V. New Business
A. Bobby Williams introduced Hope Rowan as an applicant for the job of Planning Assistant that Bobby is vacating. Ms. Williams is asking for the Board’s support. Ms. Rowan gave a brief history of her background. She completed her Masters in Planning at College of the Atlantic a year ago with a thesis based on using conservation as a means of dealing with growth. She has a lot of GIS experience and has done maps for the Town of Blue Hill. Although she currently lives in Deer Isle, she plans to move to this area soon. She asked what her role would be. Chairman Sevigny suggested she would participate on the Ordinance Review Committee, and perhaps chair it, and work with the Comprehensive Plan. Mr. Clunan asked if the Town is up against State
deadlines for the rewrite of the Comprehensive Plan. Ms. Williams said yes. We are past the deadline for funding; will need to renegotiate with Fred Landis our representative. We will ask for an extension. Ms. Williams will work with Ms. Rowan to bring her up to speed. Also, Ms. Williams hopes to remain a member of the ORC. It was the consensus of the Board, on the recommendation of Bobby Williams, that the Town hires Hope Rowan as liaison to the ORC and Comprehensive Plan Committee. The Planning Board endorses to the Board of Selectmen and Town Manager, Ms. Rowan’s application as Planner for the Town of Mount Desert.
B. Otter Creek Properties/Evan Contrakes/Jeff Katz, agent
12 Walls St, Otter Creek
Tax Map 33 Lot 13 Village Residential 1
Subdivision 3 dwelling units
CEO Keene presented a revised draft plan showing the addition of a signature block. The issue of the 20 ft setback from the road was discussed. According to the deed Otter Creek Properties does not own to the road. From the property line to the front façade is 20 ft. The old foundation is shown. The current building is not any closer than the former building. From the road to the front façade, it meets the 20 ft setback. CEO approves. Board agreed. Final plan will be presented to Board for signing.
C. Heather Jones asked about Best Management Practices as they relate to erosion control. There are guidelines and CEO oversees. Ms. Jones also asked if, in situations such as the pier application earlier this evening, the Board should be requesting the Harbormaster’s opinion in writing. Board agreed to ask only as necessary, rather than making it a mandate.
VI. Meeting adjourned at 7:32 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 14, 2005 in the Meeting Room, Town Hall, Northeast Harbor.
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