Board Members Present Public Present Stan Mathieu
James Clunan, Vice Chairman Keating Pepper Greg Johnston
Heather Jones, Secretary Rick Mooers George Lauriat
Joseph Tracy George Gilpin Michael Musetti
Schofield Andrews III, alt. Noel Musson Elwood Ellis
Kim Keene, CEO; Hope Rowan, Assistant; Darcel Winslow, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the June 27 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
A. NAME: Bracken-Bush Inc./ Keating Pepper, agent
LOCATION: Route 102 Somesville/Hall Quarry
TAX MAP: 8 LOT: 130 ZONE: RW3
PURPOSE: Functional Land Division
SITE INSPECTION: 4:15 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 and Alternate, Sandy Andrews.
Site Inspection attended by CEO Keene, Mr. Andrews and Mrs. Jones and reported by Mr. Andrews.
It was first noted by Vice Chairman Clunan that this should be a land division (based on reading from the LUZO), not a functional subdivision.
Two properties are developed consisting of dwellings and driveways on both.
CEO Keene explained that a previous buyer decided to put the property in a corporation name. The lots should have been merged in compliance with deed, Book 1844 Page 079 dated 12/21/1990, but never was. Now the owner wants it to stay this way and not to have the two lots merged.
Keating Pepper, agent explained that the owners dissolved 19.9 acres and transferred it to an already existing Bracken-Bush property. They want to donate the 2.38 acre parcel to The Island Heritage Trust.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Andrews)
Mr. Tracy stated that the property is zoned RW3 and is not in conformance due only to acreage and road frontage. Both lots are taxed separately. The two lots existed before the ordinance was adopted in 1978.
CEO Keene noted they are not subdividing; they are maintaining the lots as separate lots. They would like to keep the lots as they are on the tax maps and tax rolls today.
The Standards of Section 4.10, 1-5 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 4-0.
B. NAME: Phillip & Johanna Steiner/ George Lauriat, agent
LOCATION: 50 Northern Neck Road, Mt. Desert
TAX MAP: 16 LOT: 4 ZONE: SR2
PURPOSE: To amend existing Conditional Use Permit # 018-2005
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 and Alternate, Sandy Andrews.
Site Inspection attended by Mr. Clunan, Mrs. Jones and CEO Keene and reported by Mrs. Jones.
A Conditional Use Permit was issued in August 2004 for a dock. They have found that a rock in the water where the dock was to be built is much longer and closer to the surface than previously determined. They are applying to amend the previous Conditional Use Permit to widen the dock to cover the rock.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Jones Clunan).
Mr. Lauriat explained that over the winter he chipped a hole in the ice and found the rock to be approximately 6 feet long but found the rock to be larger than the estimated 6 feet and determined it became a safety issue and that is why they are back before the Planning Board. He indicated that the rock slopes away from the dock and it will still be possible for a canoe or small boat with an outboard to get up to the dock. He stated that 2 pins will be permanently fixed on the shore and the dock itself will be entirely removable in the fall. He is requesting a 20 foot long dock. The eastside with the overhang is about 20 feet long but he can build it 18 feet if the Board will not approve the 20 foot requested.
Mr. Clunan began going through Section 3.4.14 Marine Structure Performance Standards and Mr. Tracy noted that the previously approved dock, met all the requirements as outlined in Section 3.4.14, and therefore the proposed amendment meets those requirements.
The Standards of Section 6. of the LUZO, as amended March 8, 2005 were reviewed and found to be in conformance, as previously approved.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 4-0.
C. Subdivision Application
NAME: Michael Musetti/ CES, Inc.,agents
LOCATION: off Main Street, Hall Quarry
TAX MAP: 7 LOT: 65 ZONE: R2 and SR
PURPOSE: 8 Lot Subdivision of 17 acres
SITE INSPECTION: 3:30 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 and Alternate, Sandy Andrews.
Site inspection was attended by Mrs. Jones and Mr. Andrews and reported by Mrs. Jones.
Because no public was present for the site inspection they did not walk the property again. They walked along Route 102 and looked at the entrance which has been flagged out.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION. (Jones/Tracy)
Noel Musson, agent explained that he had made all corrections that the Board had previously requested. The few typed errors that were noted at the last meeting had been corrected on the application. The shoulders of the road had been corrected from 2 foot shoulders to 3 foot shoulders and the surveyors have marked out the seasonal streams on the plan indicating the 75 foot set back buffer.
Mr. Musson stated that all is in conformance with DEP standards and that the covenants will stay the same as the last revision.
CEO Keene noted that Section 6.5.4 Provisions of the State of Maine Shoreland Zoning Act, does apply to this application.
Mr. Tracy explained that if any changes are made to the current covenants, they will have to com e back to seek approval.
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. CEO Keene noted that Section 6.5.4 Provisions of the State of Maine Shoreland Zoning Act, does apply to this application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 4-0.
IV. Unfinished Business
V. New Business
A. NAME: Elliman Neighborhood, LLC
LOCATION: 35 Neighborhood Rd., Northeast Harbor
TAX MAP: 23 LOTS: 17&19 ZONE: VR1
PURPOSE: Subdivision Sketch Plan Review
SITE INSPECTION: 5:15 P.M.
Site inspection was attended by Mrs. Jones, Mr. Clunan and CEO Keene and reported by
Mrs. Jones.
The corners of the properties were flagged and the proposed building sites were staked out. It was indicated that the back lot, depicted on the plan as lot #3, has to sustain the existing conforming road frontage, which is why lot #2 needs a right-of-way. They are before the Planning Board because they are splitting a lot into 3 lots, within a 5 year period.
Mr. Ellis requested that the Planning Board combine his future meetings on this matter if possible due to the amount of distance he has to travel. The process for completion and
public hearing requirements were explained to Mr. Ellis by the Board. His completeness review will be scheduled for July 25,2005.
VI. Meeting adjourned at 7:50 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday July 25 in the Meeting Room, Town Hall, Northeast Harbor.
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