Board Members Present Public Present
James Clunan, Vice Chairman Michael Russell
Heather Jones, Secretary Sam Coplon
Lisa Renault Marc Nighman
Joseph Tracy William (Nick) Burnett
Samuel M. Fox III, alt
Kim Keene, CEO; Hope Rowan, Assistant; Joelle Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m. by Vice Chairman Clunan.
II. The draft minutes from the January 24, 2005 meeting were unanimously approved as amended (Fox/Jones).
III. Unfinished Business
A. 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
Sign Plan & Mylar
Final Plan was presented for Board signatures.
IV. New Business
A. Michael and Jan Russell
Tax Map 27 Lot 21 Zone Village Residential 1
2 Sinclair Rd, Northeast Harbor
Subdivision Sketch Plan Review
Site Inspection: 3:45 p.m.
Vice Chairman Clunan attended the site inspection and gave the report. The lot is on the east end, south side of Sinclair Road which runs between Manchester and Millbrook Roads. Applicant is proposing 3 lots; the lot to the west has an existing structure and the proposed two lots to the east are wooded. The land is flat and woods quite thick. Land is snow covered, so he was not able to tell whether there are any wetlands. There isn’t much of a slope. The property is served by Town sewer and water. The street is fairly straight along the lot therefore any additional curb cuts should have good visibility.
Applicant Michael Russell was present at the meeting and described his proposal. Mr. Russell stated he and his wife have been coming to the island for 27 years and most recently owned a residence in Bar Harbor. They have developed a great affection for the area and hope to get a stake hold in Northeast Harbor. The existing frontage is 250 feet. The proposal is to allocate 100 ft road frontage to the lot with the existing structure, which is a four apartment structure, will be reduced to two condominiums. The remaining 150 ft of road frontage will be divided into two lots, each with over 12,000 sq ft. One of those lots will be developed for applicants use as a single family residence, and the other will also have single family dwelling. The existing structure will be renovated:
metal siding removed and replaced with shingles, some extraneous outside stairways will be removed, porches added, and the whole look will be that of a shingled cottage, as will the new structures. Each dwelling will have its own access from Sinclair Road. Existing pavement behind the building will be removed in favor of landscaping.
Vice Chairman Clunan spoke of the new Workforce Housing section of the Subdivision Ordinance and asked Mr. Russell if he had considered using it because it does provide for a density bonus. Mr. Russell said he had not, although he agreed with the concept.
Vice Chairman Clunan referred to the Subdivision Ordinance and reviewed the pre-application process. It’s up to Mr. Russell to take the next step. He hopes to be back in May 2005.
Mr. Tracy explained that the land subdivision process does not require such information as the changes to the building and parking area. Those areas are under the purview of CEO Keene.
B. Robert W. Patterson et al
Agent Samuel Coplon, Coplon Associates
Tax Map 10 Lot 192 Zone Rural or Woodland 2
Main St/Rt 102, Somesville
Subdivision Sketch Plan Review
Site Inspection: 2:30 p.m.
Vice Chairman Clunan and Lisa Renault attended the site inspection. Mrs. Renault reported while Board perused a large color plan presented by Mr. Coplon. They followed the old woods road from the existing house throughout the property to the proposed cul-de-sac. A few of the test pits were visible. The intent is to sell a few of the lots, to develop a few, and retain the remaining lots for now.
Marc Nighman and Nick Burnett were introduced by Mr. Coplon as two of the three current owners. Mr. Coplon addressed the Board as agent. Their hope is to only sell a few lots now to cover costs of the development. There are 11 new lots proposed with a new configuration of Mr. Nighman’s existing lot. Topography has been done; wetlands have been identified; home sites identified; and lot lines developed. The road configuration is still being studied. One plan is to come up the existing drive; the other is to come in north of the ledge outcropping, and Mr. Nighman would access from that road. Shared drives will be used where appropriate. Test pits have been done for each site. The lots are mostly wooded, consisting of mostly soft wood with some large pines and
intermittent hard wood. Denning Brook flows through the eastern third of the property by Route 102. There is a fairly steep drop off down to the brook. Also on proposed Lot 11 there is an old abandoned gravel pit that is not mapped. There are several level areas for home sites. Vice Chairman Clunan noted during the site inspection, they followed an old woods road and they didn’t have a chance to look at wetlands because they were covered with snow; nor did they see much of the steep places. He asked if the gravel pit is a big hole in the ground that fills up with water. There are areas that are scooped out; it is not used as a gravel pit. It is wooded and grown over. Vice Chairman Clunan asked if the sewer runs along the property. Mr. Coplon replied there is a sewer main that runs to the pump station (The pump station is north of the property). CEO Keene noted any lots within 200 feet are required by Town
ordinance to connect. Mr. Coplon said they prefer not to connect and if need be lots can be reconfigured. Mr. Tracy asked why the asymmetric cul de sac. Mr. Coplon explained it is his preference because he doesn’t like coming into the middle of a circle – he’d rather enter on the side. There is plenty of room to increase the size as necessary.
Vice Chairman Clunan asked about workforce housing. Mr. Coplon said they had talked a great deal about it; however there are a couple of challenges with this project. One is the financial hurdles that the applicants have to develop the property; second, the property is in tree growth and will be taken out which adds an extra burden; third, it is a fairly expensive road to build given the terrain and length. There is not a lot of benefit in looking at the density bonus. It was explored but there is not a lot to gain because there is so much expensive road to be built. Unfortunately, in this case, it just didn’t fit. Vice Chairman Clunan asked if that meant the incentive isn’t sufficient the way the ordinance is written. Mr. Coplon said the thinks the ordinance is good
the way it is; it gives flexibility. The challenge is to make it work as often as possible; however there are places it won’t.
Mr. Tracy referred to a 100 foot no cut zone along highway since it is a wooded area. Mr. Coplon said they haven’t talked about it; however they have discussed types of appropriate restrictions and restraints especially regarding Denning Brook. He agreed it would enhance the value. However, they need to consider the area of setbacks for septic.
Mr. Coplon noted they have started looking at what building limitations and restrictions would be appropriate. Mr. Burnett said they are considering a paved road and buried power lines. Mr. Tracy suggested careful consideration about limitations for the subdivision. Oftentimes the restrictions placed become exclusionary and the people in the subdivision have fewer rights than those outside. Mrs. Jones suggested, regarding houses, since there is a maximum anyway, if one is stated in the subdivision requirements it could encourage people to strive for the maximum.
CEO Keene asked for an explanation of the wetlands located above Denning Brook. Mr. Nighman said he was surprised that area was marked as wetlands; he has traversed the area often; there is moisture and moss, but is a drainage area.
DEP requirements were discussed. Mr. Coplon said they will try to permit the whole thing at one time rather than request a Permit by Rule. The road will be a Tier One. They are just starting the engineering process.
C. Samuel Coplon, Coplon Associates
Lukens Property, 28 Sargeant Drive, Northeast Harbor
Tax Map 5 Lot 50 Zone SR2
Mr. Coplon reported that he has been asked to help with a question regarding this property. The property is approximately 2 acres with 3 existing cottages, all residential use. One cottage is down by the water, one in the middle, and the third is a converted garage. These have been in the family for a very long time. They want to build, to accommodate the growing family, a new house on the property. The cottage by the water has a lot of sentimental value. They would like to build a regular house in the middle of property. Can they relocate a nonconforming use? Can they combine a couple of the cottages? Currently there are 3 dwellings on property zoned 2 acres (current zoning would allow only one dwelling). Mr. Coplon believes these units are grandfathered.
They have looked into a functional division of the property; there would be 3 lots drawn around the 3 structures. CEO Keene said because the lot falls within shoreland for every single family dwelling on the lot, dimensional requirements must be met for each. If that was the case, 6 acres and 250 feet shorefront for each dwelling would be needed (as stated in the LUZO). CEO Keene noted the lot is already nonconforming; the ordinance does not address the relocation of nonconformity in the lot so she could not permit the change. She wrote to Maine Municipal Association Legal Services referring to LUZO Section 4.2 Non Confirming Uses and the next to last sentence “A nonconforming use of land shall not be extended beyond the area already allocated to such use unless a Conditional Use Permit is approved by the Planning Board”. If they reduce the number of cottages from three to two, it would become less nonconforming. Planning Board
could allow by Conditional Use Permit. Dr. Fox asked how far back from the shoreline would the new structure be. Mr. Coplon was unsure. Dr. Fox described a similar situation that occurred when Terry Towne was CEO. There were two small cottages on a 6 acre lot zone Shoreland Residential 5 off Pretty Marsh Road. Mr. Towne’s take on it was if the kitchen was decommissioned in one of the cottages, since they were grandfathered for two residences, they could build a large second residence. Mr. Coplon said this is the same idea. CEO Keene stated this has come before the Board because it is an extension of the use – expanding it – which cannot be relocated within the lot. They did not realize there was a third building until the owners pointed it out. Mr. John Brushwein, Assessor, is not aware of the third building. If owners choose to proceed, Mr. Coplon will return with a Conditional Use Permit Application and
site plan. CEO Keene suggested the site plan show that one of the buildings will be converted to a garage/guest house with no kitchen and demolition of the existing cottage with new plan for rebuilding.
D. Michael Phillips
Tax Map 24 Lot 101, 11 Sea St, Northeast Harbor
CEO Keene informed the Board that the plans for the building/property have changed from the approved subdivision. The size of the proposed building has been substantially reduced. There is a 14 ft x 34 ft, 2 story addition on the back (replacing a portion removed). The uses remain mostly the same; however the office space has been reduced from 6 offices to one. There is still a restaurant, wrap around porch, and second floor retail. The original proposal used most of the lot space; now there will be little changed. He still has 10 off street parking spaces at Dana Haynes. On site there will be 3 parking spaces instead of 5. No parking under the building. There will be a single bedroom, but no residence/dwelling. CES will present a new site plan for Board to
review and sign. Mrs. Jones asked about the location of the porch and outdoor lighting and dining due to previous conditions applied. CEO Keene believes the change won’t affect this.
V. Meeting adjourned at 7:05 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 28, 2005 in the Meeting Room, Town Hall, Northeast Harbor.
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