Board Members Present Public Present
Marc Sevigny, Chairman Douglas B. Chapman Harry Brawley
James Clunan, Vice Chairman Claire Bingham M. Christine Breedlove
Heather Jones, Secretary Greg Johnston C. H. Breedlove
Lisa Renault Noel Musson George Gilpin
Joseph Tracy E. Pat Foster Kathleen Branch
Schofield (Sandy) Andrews III, alt Robert Foster Bob Smallidge
Patti Reilly, alt Betsy Champlin Michael Musetti
Kim Keene, CEO; Hope Rowan, Assistant; Joelle Nolan, Darcel Winslow, Recording Secretary
I The meeting was called to order at 6:00 p.m.
II The draft minutes from the May 23rd meeting were unanimously approved as corrected.
III. Unfinished Business
A. Subdivision Completeness Review
NAME: Michael Musetti; CES, Inc. agent
LOCATION: off Main Street, Hall Quarry
TAX MAP: 7 LOT: 65 ZONE: R2 and SR2
PURPOSE: Completeness review 17 acres into 8 lots
Mr. Musetti was present with his agents Noel Musson and Greg Johnston from CES, Inc. A preliminary draft of 13 proposed covenants and restrictions were submitted to the Board for review and direction. Mr. Musson explained that they have redesigned the road for aesthetic reasons. The road is still in the same place, they have made the road “a bit curvier” for line of sight reasons.
Mr. Johnston added they have “simply added a couple of curves.”
Mr. C.H. Breedlove, a resident of Macomber Pines asked for clarification of where cutting will be done along the Macomber Pines Subdivision and the proposed subdivision property line and if any trees will be left along the property line where it is closest to Macomber Pines Road. Mr. Clunan explained to Mr. Breedlove the area that he is referring to is very wet and trees could not be planted there.
Mr. George Gilpin, an abutter to the North of the property, asked the Board to look at a brook on the SE corner of the property. He stated the brook is not on the plan, and he is concerned about whether they intend to add it.
Noel Musson indicated it is not a brook, but a seasonal drain.
Mr. Gilpin said the brook in question is on his property plans and should be on Mr. Musetti’s as well.
It was stated that number 6 of the proposed covenant list violates the Town ordinance.
Mr. Sevigny agreed, but stated that number 8 covers number 6 nicely.
Number 11 of the covenants [Exteriors of all structures built on the premises must be made of naturally weathering materials and or earthtone colors] was discussed; clarification was requested about exactly what they consider an earthtone color. It was explained that this statement is not clear enough, as different people may have different ideas of what an earthtone color may be. It was recommended that number 11 be eliminated.
Mr. Tracy indicated that less is better when approaching covenants. It was stated that numbers 1 and 10 should be combined for clarity. Number 3 was discussed and it was questioned if it meant inside or outside [referring to unregistered vehicles] Mr. Sevigny stated as long as it didn’t violate the ordinance it didn’t matter.
Mr. Tracy urged Mr. Musetti to consider putting fewer restrictions on the property.
Mr. Musetti stated that he had two different attorneys send him commonly used covenants and they picked and chose between the two lists to come up with what was submitted.
It was stated that it was not clear if number 13 was legal.
Mrs. Jones stated that number ten would prevent a commercial fisherman from working on and storing traps on his own property.
Mr. Gilpin stated that there is a 25’ no-cut covenant in his deed that this board granted and stated Mr. Musetti should have to follow that 25’ no-cut covenant as well.
It was noted that the no cut covenant was specific to the Macomber Pines Subdivision.
Mr. Musson, from CES, explained to the Board that the 25’ no-cut area is being met without it being a restriction as the State owns up to that point from the road. In addition, Mr. Musetti requested they not cut an additional 20’ from that point for aesthetic reasons.
The Board reviewed sections 4.2.1, 4.2.2, 4.2.3 of the Subdivision Ordinance and found the application in compliance, except as noted below:
1. Section 4.2.2.7 - Restrictive covenants must be placed on the deed.
2. Section 4.2.3.15 - Replace dash in slope measurement with a colon.
3. Exhibit 5- Remove Mr. Musson’s name.
4. Exhibit 13- should say only exhibit 17, not 16.
The Planning Board will schedule a Public Hearing for this matter July 11, 2005.
IV. Public Hearing-Conditional Use Permit
A. NAME: Claire D. Bingham
LOCATION: 3 Acadia Pines Lane, Hall Quarry
TAX MAP: 7 LOT: 43 ZONE: Residential 2
PURPOSE: Taxi service and office
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 was attended by Kim Keene, CEO; Darcel Winslow; Recording Secretary,
Heather Jones, Lisa Renault, Joseph Tracy, Jim Clunan and members of the public.
Site report was given by Jim Clunan.
Site is on Acadia Pines Road/Hall Quarry Road. The land is relatively flat, it slopes up slightly. There is a 2-car garage and across the lot is a grassy parking area. Miss Bingham stated at the site inspection that much of her business will be done in Bar Harbor; the only thing she wants at her residence is the ability to store vehicles there in the winter and to be able to do light maintenance to them. She is willing to put up a fence or a building to house them if that is what the Board wants.
Douglas B. Chapman (Miss Bingham’s attorney) explained that Miss Bingham is a single mother of three boys, and former Director of The Bar Harbor Chamber of Commerce. She purchased the business in March of 2004. She moved the business from Bar Harbor to her home due to vandalism and to protect her property from her competitors. He stated that Miss Bingham was unaware that she was violating any ordinances until this whole dilemma arose and as soon as she was made aware of this, she moved her business back to Bar Harbor.
Miss Bingham explained that there will be no employees at her residence; at most there will be six vehicles, four of which will be unregistered in the off season. She stated that her property is well shielded. She stated she has a full-time office and dispatcher in Bar Harbor, she has 16 drivers and 6 cabs. She states there will be cabs coming and going from her property frequently as she has no personal vehicle, only cabs and she has her drivers help her with her children coming and going. Miss Bingham also added that she herself washes the vehicles and does the oil changes there at her home as necessary.
Mrs. Jones asked for clarification of un-registered vehicles.
Miss Bingham explained that when you have ‘for-hire’ plates on your vehicles, the plates must be turned in to the Ellsworth DMV when they are not in use off-season. The cabs are registered for the entire year, therefore they are registered vehicles, but the DMV must hold the plates until vehicles are back in use in the spring. She stated all of the cabs, including while DMV has possession of the plates, are registered and insured as required by law.
Mr. Sevigny stated he believed what Miss Bingham was now requesting was to be able to store 6 vehicles on her property: 4 stored for the winter, 1 for taxi service and 1 for her personal use.
Mrs. Jones stated there is auto repair going on at the property as well, not just storage.
Miss Bingham stated she did not have to do the light maintenance at her property, but that she didn’t understand why she couldn’t; she is doing no more to her vehicles than any of the men on her street working on their trucks. Including MCM Electric who has many trucks.
Attorney Chapman added that he counted 17 commercial vehicles on MCM’s property.
Miss Bingham continued that the servicing can be done inside but the washing and vacuuming will need to be done outside.
Mr. Clunan stated she (Miss. Bingham) is really not doing auto ‘service’. She’s maintaining her own vehicles.
Mrs. Breedlove stated they are not her own vehicles; they belong to the corporation that she happens to own.
Robert Foster stated to the Board that Miss Bingham is doing fleet maintenance. He said a junk car was there all winter that people had to look at every time they drove by. People were picking parts off the junk car to keep other cars going. He stated Miss Bingham did not keep things neat and clean or follow ordinances. He stated the cars were in a real mess with the hoods and backs up. He stated her use is most similar to commercial storage in the LUZO. He stated that more than 20 people use this ROW through the property and that Miss Bingham has been operating there illegally for 2 years.
Mrs. Bingham interrupted by stating that she has not even owned the business for two years and that the road is closed for 6 months of the year and no one uses it. There is a huge snowbank blocking the ROW in the winter, or Mr. Foster himself puts a chain across the road. Miss Bingham explained that many people use the ROW on her property, but only few actually have a deeded ROW.
Mrs. Breedlove stated that what Miss Bingham said was not true, the cars were there month after month as she drove by.
Miss Bingham again stated that was impossible, as she stated before there was a huge snow bank there blocking the ROW until April.
Chairman Sevigny asked Mr. Foster if there was a road association agreement?, his answer was no.
Mr. Tracy asked CEO Keene if she had received any complaints prior to this application regarding Miss Bingham or her property. CEO Keene stated that the one and only complaint that she has ever received was from Mrs. Bingham’s competition[a non-resident of the Town of Mt. Desert], not from abutters. Otherwise she has had no difficulties.
Mrs. Reilly stated there are several other commercial businesses in the area and would like to know where their light maintenance is done.
CEO Keene stated that just because the property is zoned as a residential district, it doesn’t indicate ‘no commercial use.’
Mr. Michael Musetti stated that he has had no problems in the past, he knows his property doesn’t always look good, but he tries hard to cooperate and communicate with his neighbors. He believes this is helpful and contributes to keeping peace in the neighborhood.
Mrs. Kathy Branch stated that in LUZO Section 3.5, it states auto repair as ‘excluded use.’
Mr. Sevigny said the ordinance states ‘auto repair-sales’ or ‘auto repair-filling’;neither refer to automobile maintenance.
Miss Bingham stated that her taxis are rarely there, if they are sitting, she’s not making any money.
Mr. Robert Smallidge asked the board what about people who move here? What impact does this have on them? What impact does it have on people selling their houses?
Mr. Harry Brawley stated that storage of oil and allowing oil to be changed at her residence is environmentally dangerous.
Betsy Champlin asked how much time there will actually be activity at the residence?
Mrs. Reilly explained that the neighborhood has a Landscape business, a Hairdresser and a Seafood Business all with constant traffic, what is the cumulative amount of activity that needs to be determined? She also noted that as far as oil being hauled off is concerned, there are many oil trucks that haul oil by the truckloads in that area, which could be more environmentally dangerous than one person hauling a 55 gallon drum of oil when it gets full.
Mrs. Breedlove expressed her concern about the amount of traffic this approval would bring and for the lack of screening there will be when the leaves fall off the trees. She also made reference to Mr. Foster’s rental cottages (commercial) that are on the same ROW zoned as residential.
Mr. Tracy declared traffic is not an issue, it is not part of the application anymore. He also stated he is not concerned regarding the leaves falling.
CEO Keene requested that Miss Bingham should not be made to put up a building on her property, as she is not sure that there is space enough on the property to follow building codes. She would need to see a survey to determine for sure.
Mrs. Renault compared the amount of maintenance Miss Bingham will be doing to Mr. Musetti’s business and the amount of maintenance his vehicles need, stating that Miss Bingham has six cars and puts thousands of miles a week on the cabs. She said she will have to do an oil change every week.
Mr. Tracy stated that if Mr. Musetti does in fact have 17 vehicles, there really is no difference at all in the amount of oil changes between the two.
Mr. Foster stated according to LUZO Section 3.4.12, no more than 2 unregistered and/or uninspected vehicles may be stored on any residential lot.
Mr. Tracy corrected Mr. Foster by stating section 3.4.12 read “no more than 2 unregisted and /or uninspected vehicles can be stored on any residential lot, unless said vehicles can not be seen from any public way”. He also stated that Miss Bingham should not be made to beautify or do specific things to beautify her lot to benefit people who use her property as a right-of-way.
Mr. Foster said when he was a member of the Planning Board, they had to follow LUZO Section 6. He stated the Planning Board is not addressing some sections of the LUZO that include pertinent information regarding this application. He also stated he wants the Board to look at the visual impact that Miss Bingham’s business would bring to the neighborhood. He stated that her cabs are essentially 50 square foot signs that violate yet another ordinance (LUZO Section 8).
Mrs. Jones stated that she is now unclear as to what Miss Bingham is now applying for.
It was determined and agreed by Miss Bingham and her attorney, Doug Chapman, that she is applying for:
1. The Planning Board is to acknowledge that there will be taxis coming and going from her residence for personal use.
2. She will wash, vacuum, change oil and perform minor maintenance on her premise.
3. She will park 4 vehicles/ taxis on her premise between November-April each year. (Parking Lot)
4. She will be able to answer her house telephone for her business operation.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Clunan/Tracy).
The Standards of Section 6. of the LUZO, as amended March 8, 2005, were reviewed and found to be in conformance, except as noted below.
6.2 She must adhere to all state and federal laws regarding environmental impacts.
6.5 The applicant may add vegetation screening to hide parked vehicles.
6.6 Both Mrs. Jones and Mrs. Renault did not agree that the use is compatible.
6.10 The applicant is encouraged to take measures to screen the vehicles.
A VOTE WAS CALLED AND THE MOTION CARRIED 3-2. (Jones and Renault voting nay) with the following conditions,
1. Miss Bingham must use biodegradable washing fluid/soap to wash the vehicles.
2. General maintenance to vehicles to be done in an enclosed area.
3. Fleet to be serviced is limited to 6 (six).
Chairman Sevigny addressed those present regarding communication and the importance of getting along with your neighbors.
V New Business
A. CEO Keene will write to MMA Legal Services regarding servicing of vehicles.
B. Chairman Sevigny stated to the Board that he will be out of state July 11-16.
C. Chairman Sevigny asked CEO Keene for an update on Mr. Tom Savage. CEO Keene explained that she heard from Attorney Ferm that there may be an appeal to the Zoning Board Of Appeals and that the Town has discouraged Attorney Ferm from representing Mr. Savage, therefore he will need to find another attorney to proceed. It appears he will be pursuing the appeal.
VI. Meeting adjourned at 8:45 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday June 27 in the Meeting Room, Town Hall, Northeast Harbor.
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