Board Members Present Public Present
Marc Sevigny, Chairman Tim Brochu Cindy Brochu G. Keating Pepper
James Clunan, Vice Chairman Michael Russell Gracie Brochu Elwood Ellis
Heather Jones, Secretary Michael Ross Albert Hamor
Lisa Renault Noel Musson E. Pat Foster
Joseph Tracy Kathleen Branch Robert Foster
Stan Mathie Will Burden
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 June 13, 2005 meeting were unanimously approved as corrected.
Bob Foster, a resident of Mt. Desert, disagreed with three items in the draft minutes. The Board listened to his objections and they were taken into consideration; no changes were made. Mr. Foster was instructed to put his objections in writing.
III. Public Hearing
Conditional Use Permit Application
A. NAME: C. Gus Grason/CES Inc.,agents
LOCATION: Robinson Lane, Hall Quarry
TAX MAP: 7 LOT: 84-2 ZONE: SR2
PURPOSE: Construction of seasonal ramp and float
SITE INSPECTION: 3:15 PM
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 attended by CEO Keene, Noel Musson, CES agent; Heather Jones, Jim Clunan and Darcel Winslow. Reported by Jim Clunan.
This lot is the most southerly waterfront lot in Hall Quarry; there is a house on the adjacent lot. The land is quite steep and the drop off to the water is steep as well. The lot has mature trees on the slope; mostly junipers and cedars.
The walking path will be curvy and the applicant plansthey plan to cut few or no trees. There is a natural opening where the ramp will be; the applicant plansapplicants plan to limb several trees and maybe cut only one if necessary.
Noel Musson, agent from CES, Inc., reported that the ramp will be pinned to the shore at least 1 foot above flood level. The ramp will extend 50’ into Somes Sound and the float will be 36 ft. x 12ft. The total length of the ramp and float will be 62’ long.
Tim Brochu, agent from CES Inc., reported that it will be a pre-engineered ramp and float that will be pinned to ensure it stays in place. It will have anchors to prevent it from moving side to side. They are using an experienced builder on this project; the same builder that did the permanent dock on a nearby lot.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Clunan/Jones).
The Standards of Section 3.4.14, 1-6. and Section 6 of the LUZO, as amended March 8, 2005, were reviewed and found to be in conformance, as noted on the application.
It was noted that Section 6.3 was not applicable to this application and best management practices will be used.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
Subdivision Application
B. NAME: Michael and Jan Russell
LOCATION: 2 Sinclair Rd, Northeast Harbor
TAX MAP: 27 LOT: 21 ZONE: VR2
PURPOSE: 3 Lot Subdivision
SITE INSPECTION: 4:45 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 attended by Jim Clunan and Heather Jones.
Site report was given by Jim Clunan.
The applicant was not present for the site inspection, and no abutters or members of the public attended. They walked along the road on the property and the site looked the same as it did at their first site inspection. The site is quite flat. Kim Keene, CEO noted that they were only missing the storm drain informationdrains on the planplans for storm water management at the last meeting.
The lot has 250’ of road frontage the property is to be cut into 3 lots. The first lot [Lot A] being the lot that has an existing 4 unit building being converted into a 2 unit building already present with 100 ft. road frontage. The rest of the lot [Lots B & C] consisting of 150 feet of road frontage total, will be split in half making two separate lots with 75 feet of road frontage each.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Renault/Clunan).
The Standards of Section 5 of the Subdivision Ordinance and 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: Asti-Kim Corp/ Albert Hamor, agent
LOCATION: Peabody Drive, NE Harbor
TAX MAP: 5 LOT 4 ZONE: VR2
PURPOSE: To extend existing fence 52 feet onto Asti-Kim property.
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 attended by Jim, Heather and Albert Hamor.
Site inspection was reported by Jim.
The existing fence on the property was approved by the Planning Board approximately one year ago for the purpose of screening the abutting property from the overflow parking lot for the Asticou Inn. They would like to extend the fence another 52 feet for the same purpose. The ground is fairly level, the fence will go with the slope of the ground and will look alike on both sides. The fence posts will be 8’ tall and the fence itself 6’, the poles will be buried the appropriate amount for stability. No trees on the property will be cut, only a few branches on the existing trees. The rhododendron on the property will also remain untouched.
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: Brian and Lois Hamor
LOCATION: Oak Hill Rd, Mt. Desert
TAX MAP: 10 LOT: 123 ZONE: RW3
PURPOSE: Subdivision Completeness Review
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.
Workforce housing details were discussed by Mr. Musson and Attorney Michael Ross. Mr. Musson from CES Inc., explained that to qualify for workforce housing you must live in Mount Desert at least 8 months of the year and you must work a minimum of 15 hours a week, which includes volunteer work or community service activities. Workforce housing starts over with each new buyer and the homes must be sold as workforce housing.
Attorney Ross, added that the workforce housing stays in effect for 30 years regardless of how many times the property is bought or sold.
Section 4 of the Subdivision Ordinance was reviewed and it was found to be in conformance after much discussion of the regulations determining Workforce Housing, except as noted below.
1. Section 4.2.3.1 should note that eventually they plan to further subdivide this property to become The Oaks I and The Oaks II.
2. For the purpose of covenants it should also be stated as to the future plans to further subdivide.
3. It was urged that covenants numbered 4,6,11,13 and 15 be updated; suggestions were given on each.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0
E. NAME: Claire Bingham
LOCATION: 3 Acadia Pines Lane. Hall Quarry
TAX MAP: 7 LOT: 43 ZONE: R2
Refer to CUP # 016-2005 approved on 06-13-2005
PURPOSE: To review MMA Legal Services opinion as well as the opinion of the Town Attorney.
Members of the Planning Board and the public in attendance received a copy of a letter that CEO Keene received from Town Attorney, Joel Dearborn. The letter stated that storing 4 cars November –May is fine, but Maintenance is not a use that falls within the matrix as described in Section 3.5 of the Land Use Zoning Ordinance . Attorney Dearborn states he believes if this matter is taken to the Appeals Board, the Appeals Board will overturn the Planning Board’s decision to grant the Conditional Use Permit based on the uses requested.
CEO Keene asked the Board if they wanted to reconsider their decision or if they wanted to leave it alone. The order of events that would have to take place were discussed and Mr. Tracey stated he would not reconsider his decision, he felt confident with his approval. Mr. Clunan and Chairman Sevigny agreed to leave it alone.
IV. New Business
A. NAME: Elliman Neighborhood, LLC
LOCATION: 35 Neighborhood Road, Northeast Harbor
TAX MAP: 23 LOT: 17 & 19 ZONE: VR1
PURPOSE: Subdivision Sketch plan review, 3 lot subdivision
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 attended by Jim Clunan and Heather Jones, was determined to be incomplete because the applicantapplicants was not there.
Elwood Ellis, agent, explained that two brothers own this piece of property and both brothers want to build on 1 lot. They wish to have the lot separated into a 3 lot subdivision.
It was discussed that the Planning Board was concerned about the cutting that is already happening on the lot, you can see a brick building. CEO Keene explained that she believes the cutting had been done before the owners realized they had to come before the Planning Board for approval.
It was discussed that this process had been started once before but not finished due to a disagreement with an abutter [Astor’s] to the property. It is understood that both parties are now in agreement. The Planning Board requested that the following be done before the completion review.
1. The agreement between the Elliman’s and the Astor’s needs to be provided to the
Planning Board in writing.
2. Proof of LLC must be provided to the Planning Board.
3. Informal site inspection to be done prior to completion review (5:15 PM, July 11th )
V. Meeting adjourned at 8:35 P.M. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, July 11th,2005 in the Meeting Room, Town Hall, Northeast Harbor.
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