Board Members Present Public Present
Marc Sevigny, Chairman Tom Lawrence Marguerite Lawrence
James Clunan, Vice Chairman Mike Musetti Noel Musson
Heather Jones, Secretary David White Elizabeth White
Lisa Renault
Joseph Tracy
Schofield Andrews III, alt
Patti Reilly, alt
Kim Keene, CEO; Joelle Nolan, Recording Secretary, Darcel Winslow
I. The meeting was called to order at 6:00 p.m. by Vice Chairman Clunan.
II. The draft minutes from the April 25, 2005 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
A. continued from April 25, 2005
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
Continued until further notice per the applicant’s request.
Chairman Sevigny assumed the chair.
IV. New Business
A. Subdivision Sketch Plan Review
NAME: Michael Musetti; CES, Inc. agent
LOCATION: off Main St, Hall Quarry
TAX MAP: 7 LOT: 65 ZONE: Residential 2 and Shoreland Residential 2
PURPOSE: 8 lot residential subdivision of approximately 17 acres
SITE INSPECTION: 4:00 p.m.
The site inspection was attended by Heather Jones, Lisa Renault, Joe Tracy, Jim Clunan, and Sandy Andrews. Mrs. Jones reported. They walked down Route 102 in the northern direction and into the area of the proposed access road. It was indicated that the access road might be shifted 20 – 50 feet to the south due to the location of a telephone pole and a natural swale (in the first 100-150 feet of the road). They headed north to view Macomber Pines Rd from the access road. They saw a quarry; the area was fairly wooded and dry.
Noel Musson, from CES Inc., presented a larger plan and showed where the access road will actually be; the flagging currently in place was from an old road. The plan also showed the entire contiguous property owned by Mr. Musetti. The subdivision encompasses the lower portion; the upper portion will be retained by Mr. Musetti. They have proposed an 8 lot residential subdivision with an access road from Route 102. There is a 50 foot right-of-way and a 16 foot wide road with 3 foot shoulders. Road design avoids wetlands except for a small portion at the top; the wetlands are forested. Discussion of the remaining lands determined that it constitutes nearly 7 acres and is considered a separate parcel. The screening along Route 102 between the Hall Quarry Roads will remain. The cut
for the road will need to be 20 feet wide. Mr. Musson explained the relation of the road to the two front lots. There was discussion of wetlands and areas for buildings. DEP requirements will be met.
During a discussion of Subdivision Ordinance provisions, it was determined that a list of property owners within 1000 ft of the subdivision does not need to be on the plat. However, the immediate abutters do need to be shown on the plat. Mr. Musson pointed out that the reference to scale in the ordinance (Subdivision Ordinance Section 4.2) might be incorrect. It was agreed the scale would be of a reasonable size. CEO Keene asked if the Board wants well sites shown on plat, and Chairman Sevigny replied not necessarily, unless a shortage of water is known. He did explain the Board has the right to request a test well if it deems necessary. Mr. Musson said well data is available. Mr. Tracy suggested minimizing the covenants. Mr. Clunan asked about workforce housing. Mr.
Musetti said he wasn’t very knowledgeable about it. Mr. Musson pointed out that a buyer could be a member of the Island workforce.
Mr. Musetti said that he had applied to the CEO for a road permit; however, she had to deny according to the Subdivision Ordinance. Mr. Musetti said he was hoping to start the road during the off-season to avoid having to park on Route 102 during development. The road would need to go back approximately 250 feet. Also, Maine DOT is requiring the removal of 12 feet of ledge, which will have to be done by blasting. He would prefer not to be blasting in that area in August. Board referred to Section 5.3 of the Subdivision Ordinance: Construction Prohibited… “Construction of improvements necessary to ensure compliance with requirements of the Subdivision Ordinance may be permitted upon written approval of Planning Board”. Under the circumstances and provisions of the
Ordinance, the Board agreed it could not grant permission for the road.
Mr. Musson said he plans to submit the application for completeness review by May 27th for the June 13th meeting; therefore, if the application is complete the public hearing could be held July 11th.
V. Unfinished Business
A. Revised Subdivision Sketch Plan Review
NAME: Mikel DeAngelis/Ivy Woods Subdivision
LOCATION: 19 Blanchard Rd, Mount Desert
TAX MAP: 9 LOT: 12 ZONE: Residential 1
PURPOSE: 4 lot subdivision of approximately 1 acre each
Mr. DeAngelis referred to his revised plan and requested the Board to waive the cul-de-sac. He referred to Subdivision Ordinance-Section 6 Waiver and Modifications and explained the cul-de-sac would abut his neighbor’s garage. Mr. DeAngelis said the Fire Chief has inspected the area and he will sign a letter stating a hammer-head would be no problem. Board reviewed the plan as Mr. DeAngelis described the reasoning behind the road design. Mrs. Jones asked why the lot configuration? Mr. DeAngelis said it is the best the surveyor could do to maintain 100 foot road frontage. There are two existing houses that play into the configuration. Mr. Tracy noted it appeared there would be four wells within 300 feet of each other, all drawing on the same aquifer. Mr. DeAngelis said he
gets 52 gpm - one well could supply the whole hill. A discussion of changing the location of driveways (something CEO Keene had already done with Mr. DeAngelis and surveyor Tom Benson) was to no avail. Mr. DeAngelis said he does not want to because of aesthetics; with tree cutting and clear cutting, the power lines will show. He thinks it looks bad enough as it is [the power line]. Mrs. Jones suggested using utility line for driveway. Mr. DeAngelis stated his surveyor, Tom Benson, has worked on this plan for over a year and sees no alternatives. Chairman Sevigny reiterated the fact that every application is unique and every one is looked at individually based on its own merits. Whether the Board decides to waive the requirements of the cul-de-sac or not, is not a precedence setting event. Mr. DeAngelis explained that he is trying to minimize the effect of building homes as close to his abutting neighbors as possible. He also
said he is trying to cluster the homes to avoid building too close to abutters.
Mr. Tracy said he is not comfortable with this hammerhead plan. He is not sure a fire truck could turn around. He would like to see a more detail on the hammerhead lay out and in a larger scale. Mr. Clunan asked for more detail on the road. Mrs. Jones suggested another site inspection. Board would like to know the turning radius of a fire truck. Board also requested that the plan show existing structures; wells, septic, leach field on lot 2; test pits on lots 3 & 4; show driveways for lots 3 & 4; and a detailed letter from the Fire Chief stating his belief that the hammerhead can accommodate the fire trucks. Mr. Musson offered to provide information regarding the hammerhead configuration.
III. Public Hearings - Conditional Use Permits, continued
B. NAME: Thomas D. & Marguerite Lawrence
LOCATION: 51 Jordan Pond Rd, Seal Harbor
TAX MAP: 31 LOT: 30 ZONE: Village Residential 1
PURPOSE: extend height of 6 ft fence to 8 ft
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 are the voting members for this hearing.
Site Inspection reported by Mr. Clunan. The lot is small and fairly level. There is a house and garage under construction. Applicant would like to increase the height of a CEO permitted fence to keep out predators [deer]. The fence is mostly solid with a gate on the front and wire type fencing along the north side. Mr. Tracy reminded everybody of the definition of a fence.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Clunan/Jones).
Mr. Lawrence reviewed the fence layout with the Board. Mrs. Jones initiated a discussion about placement of fences on property lines. Two feet clearance has been suggested for maintenance. Although the neighbors are currently in agreement with the fence, neighbors can change; 2 feet clearance is ideal. Mr. and Mrs. Lawrence explained the lot is narrow and they would prefer one foot set back. Board noted the two foot setback is only advisory; it is not in ordinance. Suggestions were made for maintenance of both sides of the fence from the owner side. However, the finished side needs to face neighbors.
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.
C. NAME: David N. & Elizabeth P. White
LOCATION: off Kimball Ln, Northeast Harbor
TAX MAP: 24 LOT: 117 ZONE: Village Commercial
PURPOSE: single family dwelling in a commercial zone
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 are the voting members for this hearing.
Site Inspection reported by Mrs. Jones. The lot is small, wooded and sits behind Maison Suisse Inn. It is currently on the market. Applicant was informed at the site inspection that if application is approved, construction of at least the foundation must start within 12 months. Surrounding lots are residential except for Maison Suisse Inn. Mrs. White asked about restricting construction to a single-family dwelling. A lengthy discussion followed regarding how such a restriction could be in the deed and would not involve the Board. Also discussed was the buyer’s responsibility to stay abreast of ordinance changes. Mrs. Jones asked for clarification of the lot size. Mrs. White explained she is sure
the lot size is as shown on the application: 0.48 acres, which meets the minimum requirement. Her surveyor is away; he will confirm upon his return.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Jones).
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.
D. NAME: Armgo Maine LLC/Peter O’Neill; and CES, Inc., agent
LOCATION: 12 Dodge Point Rd, Seal Harbor
TAX MAP: 1 LOT: 13-1 ZONE: Shoreland Residential 2
PURPOSE: Amend CUP #05-2005 to increase size of seasonal float to 12 ft x 30 ft
SITE INSPECTION: Not required
Noel Musson CES, Inc. represented the applicant and clarified that they are seeking approval to shrink the total length of the pier by 35 feet, and increase the size of the seasonal float by 6 feet.
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.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Renault).
Mr. Musson explained the reason for the change in size came from the DEP review. There were concerns about the visual impact of the pier at the prior length. Mr. Musson also reviewed the construction material and design of the pier.
Board agreed to waive the review of LUZO Section 3.4.14. and the Standards of Section 6. of the LUZO, as amended March 8, 2005 and make reference to the existing CUP #05-2005.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
E. NAME: Clare D. Bingham
LOCATION: 3 Acadia Pines Ln, Hall Quarry
TAX MAP: 7 LOT: 43 ZONE: Residential 2
PURPOSE: taxi service and office
At the request of the applicant through her Agent, Attorney Douglas Chapman, the hearing of this application is tabled until June 13, 2005.
The 3:30 p.m. site inspection was officially cancelled by Chairman Sevigny due to continuation of the public hearing; although there was some attendance.
It was confirmed the notice was published in the Bar Harbor Times. However, the application will be re-advertised with a site inspection.
IV. New Business, continued
B. Thomas R. Savage
LOCATION: 1265 Main St, Somesville
TAX MAP: 9 LOT: 106 ZONE: R2
Chairman Sevigny asked if the intent of Board, when it granted a Conditional Use Permit to Mr. Savage, was to allow a large parking lot. He noted several large equipment vehicles parked in what appeared to be a parking lot. CEO Keene read from CUP #19-2003 approved December 22, 2003 in which the request was for a business office, business vehicle parking, equipment and supply storage inside, firewood storage/processing, and boat storage for personal use. A sketch showed an area, behind screening, for parking in front of the house. CEO Keene noted Board also approved, at a later date, 1500 yards of fill for the same property. This was to meet DOT requirements to make a horseshoe driveway. Board thinks the density of use is out of character for the neighborhood. CEO Keene will
request that he come before the Board to discuss the issue of the parking area.
C. Chairman Sevigny read aloud the Pizza & Planning notice. This is a session to discuss land use in the Town of Mount Desert, sponsored by Hope Rowan and the Comprehensive Plan Committee. The date is Tuesday, May 24 from 5:30 p.m. to 7:00 p.m. at the Somesville Fire Station.
VI. Meeting adjourned at 8:07 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, May 23, 2005 in the Meeting Room, Town Hall, Northeast Harbor.
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