Board Members Present Public Present
Marc Sevigny, Chairman Tom Wallace
Heather Jones, Secretary Kristen Tucker
Lisa Renault Peter Smallidge
Joseph Tracy Shawn Murphy
Samuel M. Fox III, alt Janet Moore
Jim Robinson
Katrina Carter
Kim Keene, CEO
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the February 28, 2005 meeting were unanimously approved as amended. The draft minutes from the March 14, 2005 meeting were unanimously approved as amended (Fox/Jones).
III. Public Hearings - Conditional Use Permits
A. NAME: Town of Mount Desert
LOCATION: 18 Harbor Drive, Northeast Harbor
TAX MAP: 24 LOT: 148 ZONE: Shoreland Commercial
PURPOSE: repair existing boat launch ramp, and expand existing boat launch area by 48 ft x 13.5 ft to allow two boats to be launched at once
SITE INSPECTION: 5:30 P.M.
It was confirmed the notice was published in the Bar Harbor Times.
Mrs. Jones stated her husband is on the Marine Management Committee. No conflict of interest was found. The regular members present and Dr. Fox, alt., are the voting members for this hearing.
Site Inspection attended by and reported by Mrs. Renault. The plan is to repair parts of the ramp that have broken off at the sides and bottom. At this time, they would also like to pave a 48’ x 13.5’ section which is currently rock. This would make the ramp a continuous piece from top to bottom and allow two boats to be launched at the same time. Shawn Murphy informed the Board that he does not plan to bring in fill. He hopes to be able to pave over the existing rock outcropping. However, it was said by Kim Keene that he may need to bring in fill. Mr. Murphy further explained that tires get punctured where the pavement ends on the existing ramp. It was asked whether the Town needs approval to
repair the existing ramp. Since they are asking to pave an additional section of the ramp, it was determined that the Board would review the entire application as written.
Peter Smallidge was present in the public and asked if the surface of the ramp is going to be one continuous line from high water mark to the water. In other words, is the ledge going to be removed? Mr. Murphy said they would not be blasting the large portion of ledge, but the smaller piece of ledge will be paved over. It was confirmed after some discussion and clarification that the ramp will be one continuous line from the high water mark down.
It was confirmed that Shawn Murphy had obtained the appropriate federal permits.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Fox).
The Standards of Sections 3.4.14.1 and 6. of the LUZO, as amended March 8, 2005, were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
B. NAME: James R. Robinson, owner/Kristen L. Tucker, applicant
LOCATION: 5 Rock End Road, Northeast Harbor
TAX MAP: 24 LOT: 24 ZONE: Village Commercial
PURPOSE: residential use in a commercial zone
SITE INSPECTION: 5:00 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 Dr. Fox, alt., are the voting members for this hearing.
Site Inspection attended by and reported by Dr. Fox. Mr. Robinson pointed out any pins along the perimeter of the property. Kristen Tucker said the plan will take place in stages, and while they do not have a set plan for parking, there will be at least two spaces with one being handicap. Employees will be instructed not to park in immediate proximity of the neighborhood or Main Street.
Mr. Sevigny asked for some clarification regarding the purpose of the application (residential use in a commercial zone) and what he thought Dr. Fox stated was a commercial use in a residential zone. Dr. Fox further clarified that they also intended to have an apartment above the spa.
Tom Wallace, agent for applicant, stated that the purpose is to have a spa with an apartment above. He explained that the drawing in our packet is obsolete. Mr. Tracy asked to clear up the conflicting “agent” documents. There are two forms one stating that Ms. Tucker gives permission to Robert Collins to act as her agent and another stating that Tom Wallace has permission. She explained that Tom Wallace will be her agent.
Mrs. Renault asked about how parking will be accessed behind the property where it is shown on the drawings. Mr. Wallace again stated that the drawings are obsolete. Some discussion followed about how parking for an apartment will be accessed. Mr. Sevigny stated that the only thing we are voting on is whether the applicant can have a residential use in a commercial zone.
Mrs. Jones brought up parking again and stated that there was an abutter, David Renault, who was present at the site inspection and concerned about parking. He stated that the overflow from any Neighborhood House event goes down Rock End Road and onto people’s front lawns or in front of driveways. Jim Robinson reminded the Board that on October 14, 2004 he presented a similar application to put housing on this property and the Board approved. Mr. Sevigny thanked him and said each application is looked at individually.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Fox).
The Standards of Section 6. of the LUZO, as amended March 8, 2005 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. Mrs. Keene discussed the letter drafted for Scott Baltz and any further suggestions made by the Board. She will get the letter out at the beginning of the week.
V. New Business
A. Board Membership, discussion
1. Board of Selectmen have re-appointed Heather Jones and James Clunan
2. “Help Wanted” ads have been placed in The Bar Harbor Times & Islander. Town Manager, Mike McDonald, told Mr. Sevigny there have been no responses from the ads. His next step includes a Town newsletter in which he will have an article about volunteerism, and hopes to generate some Board participation. Mrs. Jones said she has another person in mind and will ask.
3. It was approved that Heather Jones will be a liaison between the subcommittee of the Island Housing Trust tasked to develop the Ripples Road tract and the Planning Board.
B. Ordinance changes, discussion
1. Mechanism to ensure proposed articles are included in Warrant
2. Kim Keene informed the Board that she is reviewing the LUZO and writing up pieces that she thinks should fall in her jurisdiction (i.e.: fill/excavation within 100 feet of the shoreline, fences, home occupation or nonconformity. Mr. Sevigny said fences might need to be discussed. There were some questions for Mrs. Keene about what guidelines she’d put in place for fences regarding height and property line placement. Further comments were made about past applications for fences. It was settled that Mrs. Keene would continue with her write-up and show the Board for any discussion.
VI. Meeting adjourned at 7:21 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 11, 2005 in the Meeting Room, Town Hall, Northeast Harbor.
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