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Planning Board Meeting Minutes - 05/23/05

Board Members Present           Public Present
Marc Sevigny, Chairman          Gary Neville
James Clunan, Vice Chairman      Elaine Huber-Neville           
Heather Jones, Secretary              Bruce Riddell       
Lisa Renault                            Michael Russell
Joseph Tracy                            Rick Savage
Schofield (Sandy) Andrews III, alt  Thomas Savage
Patti Reilly, alt                       Dave Irvin

Kim Keene, CEO; Hope Rowan, Assistant; Joelle Nolan, Recording Secretary; Darcel Winslow        

I.      The meeting was called to order at 6:05 p.m. by Chairman Marc Sevigny.

II.     The draft minutes from the May 9, 2005 meeting were unanimously approved as amended.

III.    Public Hearings - Conditional Use Permits
        A.      NAME:  Jonathan & Mary Conrad
        LOCATION:  70 Broad Cove Rd, Mount Desert
        TAX MAP:  8    LOT:  129    ZONE:  Shoreland Residential 3
        PURPOSE:  construct walking path to shore
        SITE INSPECTION:  4:30 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. Renault. The existing terrain is very uneven; there are large boulders, lots of moss and steep spots. The path will be widened to 4 feet and it will be Y shaped to the shore and dock. The steep spots will be made more gradual. Mr. Clunan added the bottom 1/3 is very steep. Bruce Riddell, landscape architect, is working to get a safe path, 4 feet wide to the shore. They may plan the Y further up the path due to the steepness and for safety reasons. They will be using existing stones to make pockets in the project. They plan to add native plantings such as blueberries. Mr. Tracy asked for clarification as to why they were before the Planning Board. CEO Kim Keene stated they are before the Planning Board because the slope is less than 4:1, and is within 100 feet of a water body.

        MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Jones).

        CEO Kim Keene spoke with DEP but has not heard back from them regarding the                        approval of the permit by rule.

        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:  Phillip & Johanna Steiner
        LOCATION:  50 Northern Neck Rd, Mount Desert
        TAX MAP:  16   LOT:  4    ZONE:  Shoreland Residential 2
        PURPOSE:  amend CUP #24-2004 to increase length & width of dock
        SITE INSPECTION:  5:15 p.m.

        Postponed until further notice as requested by agent for applicant George (Jed) Lauriat.

        It was confirmed the notice was published in the Bar Harbor Times.


IV.     Unfinished Business
        A.      NAME:  Michael and Jan Russell
        LOCATION:  2 Sinclair Rd, Northeast Harbor
        TAX MAP:  27    LOT:  21    ZONE:  Village Residential 1
        PURPOSE:  Subdivision Completeness Review. .92 acres into 3 lots

Mr. Michael Russell was present; Board reviewed Subdivision Ordinance Sections 4.2.1
         4.2.2 and 4.2.3 . Section  4.2.3.10 needs to be noted as to whether or not there are
any existing drains. It was also stated that it is okay to note this information on the
application, rather than on the plan. LUZO Section 6 and Subdivision Section 5 will be
reviewed at the Public Hearing on 6/27/2005.


V.      New Business
A.      NAME:  Heirs of Elwin A. Hodgdon/Evelyn A. Wehrfritz
LOCATION:  off Indian Point Rd, Mount Desert
TAX MAP:  11    LOT:  94    ZONE:  Rural Woodlands 2 & 3
PURPOSE:  subdivide approximately 34.21 acres into 9 lots
SITE INSPECTION:  3:15 p.m.

Sketch Plan Review

Attempted site inspection was done by Mr. Clunan. He reported the inspection was insufficient. There were water obstacles and incomplete flagging; he then ran out of time. He stated only by use of a compass was he able to find his way out of the woods. Mr. Clunan recommends trying again tentatively on 6/13/05 assuming the water has dried up and the flagging has been completed. CEO Keene will confirm this date with applicant. An authorization form is needed confirming the agent in this matter.
    Mr. Dave Irvin asked if 6/13/05 will be the informal site inspection. It was confirmed             6/13/05 will be the informal site inspection, and the final site inspection will take place     on the same date as the Public Hearing.


VI.     Unfinished Business
A.      NAME:  Tom Savage
LOCATION: 1256 Main Street, Northeast Harbor
TAX MAP:  9     LOT: 106     ZONE:  R2

CEO Keene asked Mr. Savage to come in regarding parking around his home and current use of his lot (map 9 lot 106). Upon review of the sketch plan [CUP # 19-2003] submitted by Mr. Savage, the Board determined that he needed to come in to discuss the situation.
Mr. John Brushwein, Assessor and former CEO, stated that he finds it disturbing the Board would ask a valid permit holder to come before it, if a violation has not been issued by CEO Keene. He also stated that protocol would have the Board request  CEO Keene to inspect the property, then refer the matter back to the Planning Board if necessary. Mr. Tracy states that he is in agreement with Mr. Brushwein, procedurally.

Chairman Sevigny asked CEO Keene if she has inspected the property; she stated no,  she has never been to the site. She requested Mr. Savage to attend this meeting as asked to by the Planning Board.

Chairman Sevigny requested clarification of exactly what the Board wants; does it want the CEO to look at the property to determine if a violation exists. CEO Keene asked if it is the number of vehicles that are the issue. Mr. Clunan stated no, placement of the vehicles is the issue. There was no discussion regarding vehicles in the prior minutes and the sketch plan shows no parking at all. The sketch plan doesn’t seem to match what was previously approved and permitted by the Planning Board.
Mrs. Jones stated she was not here for the 12/2003 meeting, but was here for the fill permit [CUP # 08-2004] at which time there was a discussion regarding  (horseshoe) the driveway.

Mr. Savage stated that to his knowledge he is not in violation and he is not sure why he has been asked to come before the Board. He said that he only came to this meeting out of curiosity and is not prepared to discuss anything. He also said that it seems the Planning Board is not even sure of what they want and why he is here. Chairman Sevigny stated that the procedure is not clear; however he would like to talk about parking on the side of the house and the plans proposed for use of the property on the 12/2003 application. Mr. Savage indicated that his approval of the driveway has nothing to do with the Planning Board or CEO. Mr. Tracy said the parking shown on Mr. Savage’s plan, which was approved, is not the parking that currently exists on the property. He also stated that he feels “blind-sided” by the plans that were submitted by Mr. Savage; and that he is not following the plan he asked for. Chairman Sevigny will have CEO Keene send a letter to Mr. Savage after her inspection to let him know if there is a violation. If needed, Mr. Savage will come back for an amendment to his permit.
Mrs. Jones asked, “In the meantime, if there is a violation, can he still operate his business?” She then withdrew the question and stated, “The CEO needs to look at it.”
Mr. Brushwein stated again that this matter is up to the CEO not The Planning Board.


VII.    Unfinished Business
B. Heather Jones
Re: Ripples Road

            Mrs. Jones [Heather is the liaison from The Planning Board to the Island Housing             Trust] updated the Board on Ripples Road Affordable Housing Project. Sam Coplon is       the project liaison to Island Housing Trust. The next step is to ask the Board of                 Selectmen for a Special Town Meeting at the November State Election. The question       is, will the Town give 10 acres of land and allow 2 of those 10 aces to be sold at fair          market value to fund the project. The group is looking to be the developers.
           Mr. Brushwein explained 63 acres were rezoned with 10 acres set aside for affordable      housing.
            Chairman Sevigny asked, “Can they ask for 2 acres from 63 to sell?”
            Mr. Brushwein indicated, yes they can.
            Mr. Sevigny asks where Farnum [Butler] is on this matter.
            Mrs. Jones explained that Farnum is frustrated; he has given money to this project            and is anxious to see it move forward.
            Chairman Sevigny asks who will develop?
            Mrs. Jones reports that Mr. Coplon has spent 2 weeks with people who are developing     Pooler Farm and they are talking about Green Standard Buildings.
            Chairman Sevigny asked Mrs. Jones to define Green Standard Buildings.
            Mrs. Jones stated that generally this would mean affordable to build and affordable to       maintain homes. The plan is to keep homes between $125,000-$150,000. Another           long-term goal would be to ask for more land; they are also looking at a                              playground and a ball field. The project is still very conceptual. Mr. Clunan suggested to      keeping it simple. Mr. Brushwein suggested keeping the 10 acres set aside for work-         force housing as one article. As a separate article, ask to sell 2 of the remaining 53           acres for financing.


VIII.     Meeting adjourned at 7:30 p.m. The next scheduled meeting/public hearing(s) is at                          6:00 p.m., Monday, June 13, 2005 in the Meeting Room, Town Hall, Northeast Harbor.