Board Members Present Public Present
Marc Sevigny, Chairman Carol O’Donnell Schofield Andrews
Heather Jones, Secretary Douglas Chapman Patti Reilly
Lisa Renault Garric Worcester
Joseph Tracy Michael Ross
Samuel M. Fox III, alt Douglas Hopkins
Kim Keene, CEO; Joelle Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the April 11, 2005 meeting were unanimously approved as circulated.
III. Public Hearings - Conditional Use Permits
A. NAME: Southerly, LLC/Michael L. Ross, agent
LOCATION: 127 Cooksey Dr, Seal Harbor
TAX MAP: 2 LOT: 28-1 ZONE: Shoreland Residential 2
PURPOSE: Outdoor recreational facility: basketball court
SITE INSPECTION: 5:00 p.m.
It was confirmed the notice was published in the Bangor Daily News.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection attended by Mrs. Jones, Mrs. Renault, CEO Keene, and Dr. Fox. Attorney Douglas B. Chapman, representing The Island Foundation and referring to his handout, suggested the Planning Board does not have jurisdiction to proceed because The Island Foundation has a conservation easement that gives it an interest in the applicant’s property. Mrs. Renault reported on the site inspection. The area of the basketball court was staked out. There will be evergreens surrounding the court as a buffer between the court and house. There will be no outside lights. Mrs. Jones noted there was evidence of some water run-off; however, a local contractor has been hired to fix the area.
Michael Ross, agent for the applicant, spoke to Attorney Chapman’s suggestion by saying he believes Planning Boards do not consider the terms of private easements when hearing Conditional Use Permit applications. He acknowledged there is an easement with The Island Foundation and that will be dealt with. He said notice was given to The Island Foundation two weeks ago. He said he understands that if the permit is given, they have a year to implement and this will give them time to work out the details with The Island Foundation. He emphasized that he is here this evening to address only the Conditional Use Permit application. He then reviewed his submission pointing out that the criteria appear to have been
met.
Chairman Sevigny asked why this hasn’t been worked out beforehand. Mr. Ross said he did send information a few weeks ago to Attorney Chapman and he spoke with him today tying to move forward with this issue. He stated the property is owned solely by Southerly LLC and disagrees with the argument that the easement qualifies The Island Foundation with a right to apply. Attorney Chapman countered Mr. Ross’s statements saying the first he heard of this issue was April 12, and he was unable to reach Mr. Ross until today. In the meantime he had several Island Foundation board members, many of whom are out of state, to deal with. He said again that The Island Foundation’s easement gives it a proprietary interest.
Mr. Tracy said he believes the Planning Board is not allowed to consider private easements when hearing Conditional Use Permit applications and referred to his own case. He does not see how a conservation easement is any different and the Board should proceed. He hopes the parties involved can settle this issue.
Chairman Sevigny asked if the parties could settle the matter now in a few minutes. Mr. Ross said not really; he would like to obtain the permit then he will work with The Island Foundation before beginning the project. Attorney Chapman again explained that the conservation easement is statutory and gives The Island Foundation proprietary rights. Mr. Ross disagreed and referred to the easement as a private agreement.
Mr. Tracy suggested tabling the application and asking Maine Municipal Association (MMA) Legal Services for an opinion. Mrs. Renault asked if the basketball court could be placed elsewhere, and Mr. Ross replied no. Mrs. Jones said she is tending to agree with Mr. Tracy; the issue needs to be clear and concise. Dr. Fox would like to see the parties work it out, and tabling might give them the opportunity to do so. He noted that he is personally biased in favor of enhancing physical activity for young people. Mr. Tracy clarified that his sole reason in requesting a legal opinion from MMA concerns whether or not the Board should hear the request for a Conditional Use Permit.
MOTION MADE AND SECONDED (Renault/Jones) TO TABLE THE APPLICATION UNTIL MAY 9, 2005. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 4-0. It was agreed to make this the first item on the May 9th agenda.
Dr. Fox asked about Attorney Chapman’s reference to hot tubs in his handout. Mr. Ross stated there is nothing in the application regarding hot tubs; it is something Mr. Wolf is considering for the future.
Chairman Sevigny requested CEO Keene to write to MMA asking for an opinion as described above, and to send them copies of the CUP application and Attorney Chapman’s letter.
IV. Unfinished Business
A. Mr. Tracy asked when the Board granted Tom Savage a permit for his building, did it grant outside parking for equipment? Currently there are several pieces of large equipment parked outside. CEO Keene will research.
V. New Business
A. New Board members
Schofield Andrews III and Patti Reilly were introduced. A lengthy discussion ensued regarding their qualifications and interest. Board agreed to recommend both as alternate members to the Board of Selectmen.
VI. Meeting adjourned at 6:51 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, May 9, 2005 in the Meeting Room, Town Hall, Northeast Harbor.
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