Board Members Present Public Present
Marc Sevigny, Chairman John W. Butler Ericka Williams
James Clunan, Vice Chairman Constance Madeira Tim Francis
Heather Jones, Secretary Alice Carter
Lisa Renault Katrina Carter
Samuel M. Fox III, alt Jock Crothers
Kim Keene, CEO; Hope Rowan, Assistant; Joelle Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the March 28, 2005 meeting were unanimously approved as circulated.
III. Public Hearings - Conditional Use Permits
A. NAME: Mount Desert Yacht Yard, Inc.
LOCATION: 5 Harbor Drive, Northeast Harbor
TAX MAP: 26 LOT: 46 ZONE: Shoreland Commercial
PURPOSE: add use of boat building
SITE INSPECTION: 5:30 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 member Dr. Fox, are the voting members for this hearing.
Site Inspection attended by CEO Keene, John Butler and Dr. Fox, and reported by Dr. Fox. The intent is to add boat building, done by Morris Yachts who plan to rent the facility, to an existing operation that stores and repairs boats. There will be no change in the building or parking area; however, number of employees will increase. When asked if boat building has been done on the site in the past, Mr. Butler replied he did not think so. CEO Keene asked if employees will park on the west side of Harbor Drive and Mr. Butler said he believes so, some do now. Mr. Butler noted that it was his understanding that he could not charge for parking, but employee parking is allowed on that side of the road, without a permit. Mrs.
Constance Madeira asked about parking and was assured there will be no increase in parking on the east side of Harbor Drive (where the building is). It was determined the parking area is an accessory to an existing use.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Renault).
Katrina Carter expressed concerns about the increase in traffic the change in use will bring to Harbor Drive, along with the fact that there is no stop sign at the end of Harbor Drive where it intersects with Sea Street at the circle. She hopes this Board will suggest to the Traffic Committee, Police Department, and Superintendent of Public Works that stop signs be installed. She feels very strongly the area is an accident waiting to happen. Alice Carter described a situation in which she was driving south on Harbor Drive and was nearly struck head on at the area noted, due to lack of stop signs. Mr. Clunan asked if Mrs. and Ms. Carter believe there needs to be a stop sign at the bottom of Harbor Drive in addition to the stop sign at the
bottom of Sea Street. They replied yes, and interjected there cannot be too many stop signs in that area. Mrs. Madeira agreed. Chairman Sevigny asked CEO Keene to write a letter to the Traffic Committee, Police Chief, and Superintendent of Public works expressing these concerns.
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.
B. NAME: Mount Desert Yacht Yard, Inc.
LOCATION: 20 Butler Rd, Mt Desert
TAX MAP: 8 LOT: 87-2 ZONE: Shoreland Commercial
PURPOSE: excavating or fill within 100 ft from the high water mark of a water body
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 alternate member Dr. Fox, are the voting members for this hearing.
Site Inspection attended by Dr. Fox, Heather Jones, CEO Keene, and John Butler; Dr. Fox reported. The plan is to put down gravel where there is now grass and a somewhat rough surface, and provide a different route (along the northeast side of the office building to avoid the steeper grade and tight fit) for the travel lift. There is a back route directly to the northwest of the travel lift spot, but the clearance between the two buildings allows only six inches on either side of the travel lift. In anticipation of moving some equipment from the Northeast Harbor operation to this site, there is an increase need for the travel lift to get to the upper building as shown on the diagram. There appears to be plenty of rip rap so that the
new route will not alter the shore line. Mr. Butler noted the closest place to the shoreline is 20 feet from mean high water. Mr. Butler explained floats have been stored at the proposed site; they will continue to store floats and will store boats. He added they will seed the area again with grass. CEO Keene expressed concerns regarding the removal of the grass. She referred the Board to LUZO Section 2.7.5 General Regulations: Road Construction: “Roads and driveways shall be set back at least seventy-five (75) feet from the normal high water line of a water body or upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board.” Discussion followed regarding the size of the opening that the travel lift currently uses.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Jones).
Mr. Clunan asked in which direction the land slopes and Mr. Butler replied toward the water. There will be 20 feet of grass and growth between the route and the mean high water mark. Mr. Butler said that within three years you won’t be able to tell what was done. Mrs. Jones suggested replacing vegetation for stabilization. The size, amount and definition of trees were discussed. Mr. Clunan asked how fast does the travel lift move and Mr. Butler replied slowly, no faster than a person walking.
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. Approval contingent upon receipt of Department of Environmental Planning (DEP) approval.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
C. NAME: William Stewart/Erika Williams of Atlantic Landscape Inc, agent
LOCATION: 28 Sargeant Drive, Northeast Harbor
TAX MAP: 5 LOT: 47 & 48 ZONE: Shoreland Residential 2
PURPOSE: excavating or fill within 100 ft. from the high water mark of a water body.
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 alternate member Dr. Fox, are the voting members for this hearing.
Site Inspection attended by Heather Jones, CEO Keene, Ericka Williams, and Dr. Fox; Dr. Fox reported. Many years ago the Planning Board approved rip rap to stabilize the slope; however, the rip rap has slumped thereby destabilizing the area. The path has eroded in numerous places. There will be vegetative planting along with rip rap replacement. Most of the work will be done shore side with small equipment (front end loaders and such). Mrs. Jones noted any vegetation removed will be replaced. Tim Francis with Atlantic Landscape spoke to the application: Intention is to not add stones, but to stabilize with crushed stone, loam, and plants with good root systems (rigosa, bayberry, etc). Plantings will help
camouflage the rip rap. Current pictures of the area were presented for the record.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Clunan).
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
None presented
V. New Business
A. Ordinance Changes, discussion
CEO Keene presented the Board with a memo containing suggested LUZO changes (see attachment at end of minutes). Chairman Sevigny suggested the Ordinance Review Committee (ORC) look at the proposed changes and report back to the Planning Board. Mr. Clunan suggested giving ORC deadline to ensure suggested changes meet Annual Town Meeting/Warrant cut-off dates. Hope Rowan noted ORC is meeting twice a month with attendance varying. Board requested that ORC review and report back by July 14, 2005. Each item in the memo was thoroughly discussed. CEO Keene noted that in instances where she has suggested that she be given authority to issue permits, in place of the Board, she would request more information than the Board has in
the past and she would be stricter.
B. MMA Workshop on Land Use and Subdivision Ordinances
Mrs. Jones brought up some points from the recent workshop she and Mrs. Renault attended. Regarding the review process (i.e. our LUZO Section 6) the Supreme Court is starting to look at cases containing this issue. It is suggested that a vote be taken on each standard along with a bottom line vote. Board agreed it is satisfied with the manner in which it reviews the standards point by point. For contentious issues, the recording tapes are available as a backup. Another point made concerns subdivision deed restrictions and covenants. It is suggest that if the Board is requiring certain standards, they should be noted on the final plat. Does distinction need to be made who makes the requirement – Board or
applicant? And finally, it is a good idea to have a condition in the ordinance that requires the applicant to pay for the Board’s choice of a third party opinion (neutral expert at expense of applicant - $ put in escrow).
VI. Meeting adjourned at 8:00 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 25, 2005 in the Meeting Room, Town Hall, Northeast Harbor.
Memorandum
To:~~~~~~~~~~ Planning Board Members
CC:~~~~~~~~~ Hope Rowan, Planning Assistant
From:~~~~ Kimberly Keene, Code Enforcement Officer
Date:~~~~~ 4/22/2005
Re:~~~~~~~~~ Proposed LUZO Changes
After reviewing the ordinance in detail, I would like to propose the following changes.~
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Section 3.4.6 – Excavation or filling change from Planning Board authority to Code Enforcement Authority.
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Section 3.4.7.2 – Fences – Fences that exceed 4’ in height shall be setback 24” in order to maintain both sides of the fence to avoid trespassing on neighboring property.~ Change over 6’ height from the Planning Board Authority to Code Enforcement Authority.
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Section 4
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Insert Relocation of Nonconforming Structure:
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~ A nonconforming structure may be relocated within the boundaries of the lot on which the structure is located provided that the Planning Board finds that the proposed new location and design are more appropriate with regard to location, character and natural features; fencing and screening; landscaping and topography; traffic and access; signs and lighting; and potential nuisance, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine
Subsurface Wastewater Disposal Rules (rules), or that a new system can be installed in compliance with the law and said rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming. In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.~
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Section 4.4 “Abandonment” – change continuous period from 18 months to 12 months.
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Driveways & Roadways – Shall be setback 5’ min. measured from the edge of the fill extension from property lines.
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Section 15 Definitions – “Cooking Facilities” – Remove (2) a sink and/or (b) a refrigerator.
“~~~~~~~~~~~ “~~~~~~~~~~~~~~~~~ “ -~ “Planned Unit Development” – Remove whole definition.
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