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Planning Board Meeting Minutes - 07/25/05

Board Members Present           Public Present
Marc Sevigny, Chairman          Christopher Spruce, Island Housing Trust        Will Burden
James Clunan, Vice Chairman     Noel Musson                     Michael Ross            Anne Mazlish
Heather Jones, Secretary                Stephen Caromile                Ken Cochrane
Joseph Tracy                            Jay Robbins                     Rita Redfield
Schofield (Sandy) Andrews III, alt      Bob Falt                        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 July 11 meeting were unanimously approved, as amended.

III.    Public Hearings – Subdivision Application
A.      NAME: Brian & Lois Hamor/ The Oaks Subdivision
LOCATION: Oak Hill Road, Mt. Desert
TAX MAP:  10  LOT:  123  ZONE:  RW3
PURPOSE:  To subdivide approximately 19.98 acres into 8 lots
SITE INSPECTION: 4:00 P.M.

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

        No conflict of interest was reported.  The Board members present are the voting members for this hearing.
        
        Site Inspection attended by Mr. Clunan and reported by Mr. Clunan.

        The property is west of Somesville, off Oak Ridge Road. Mr. Will Burden was the only member from the public that attended the site inspection. Mr. Clunan stated that he attended the previous site inspection and that there is nothing different than the last inspection that was previously recorded.

        MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Jones)
        
        Mr. Musson from CES reported that he has done some minor editing to the plans to satisfy the requests of the Planning Board. They have determined that the subdivision will be named the Oakes Subdivision for the purposes of implementing the restrictive covenants. The market rate lots and the work force housing lot are designated as Oaks I and Oakes II, respectively. Unit numbers have been added, as requested by Mr. Tracy and they have made the circle of the cul-de-sac larger to accommodate the larger common septic system area. He also stated that they now plan to leave a large oak tree currently located at the beginning of the proposed road leading into the subdivision, and construct an island at the beginning of the subdivision road containing the oak tree.
        Rita Redfield asked if the location of the road to this subdivision is at the end of My Way.
        Mr. Musson explained that the road is actually an extension of My Way.
Attorney Michael Ross addressed the restrictive covenants and stated that he has removed all of the covenants that he possibly could to accommodate the request of the Planning Board.
        He explained that they have limits on open space and that no developing will be allowed in those areas. He stated there is a Homeowners Association in the area and that there will be 7 units in Lot 8 for Workforce Housing. Mr. Ross went over the guidelines to be considered for workforce housing [as previously recorded] and discussed that the Homeowners Association may verify arrangements on a yearly basis to be sure the guidelines are still being met.
Rita Redfield asked for clarification on who will take care of the private road known as Oak Ridge Road, she has concerns about wear and tear on that portion of the road due to additional residents that will be living in this new subdivision that will need to cross to access their property.
        Mr. Ross explained this should be worked out among the home owners, although Mr. Hamor recognizes that he will be responsible for his share of this expense as well, as being a home owner and the developer.
        Mrs. Mazlish asked for clarification of how many condominiums there would be.
        Mr. Musson explained that there will be 6 individual lots that the property owners will themselves build on. Then on lot 8 there will be two 2 family units and one 3 family unit all having two floors and maintaining the 40 foot height restriction. The duplexes will be 32 feet by 50 feet and the triplex will be 80 feet by 32 feet.
        Mr. Spruce from Island Housing Trust asked about what the average price will be.
        Mr. Musson stated that to his knowledge the price had not been planned yet.
        The issue of who Workforce Housing must report back to annually was discussed.
        Mr. Musson from CES stated it was important for them to have to report to someone, who they report to doesn’t really matter.
        Mr. Clunan recommended that the Planning Board be able to turn over the responsibility to someone they are comfortable with.
        Mrs. Jones stated that the designee will not be permanent and the Board may designate someone else at any time.
        Mr. Sevigny stated possibly it could be turned over to a non-profit organization, such as The Island Housing Trust.

        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.


        Unfinished Business
        A.      NAME: Elliman Neighborhood, LLC
        LOCATION: 30 Neighborhood Road, Northeast Harbor
        TAX MAP:  23    LOT:  17 & 19   ZONE: VR1
        PURPOSE: Subdivision Completeness Review
        
Mr. Ellis explained to the Board that he just received a new plan prior to the meeting and many changes have been made. The road has been changed, the acreage of each lot, the location of the driveway, etc.
The Board explained to Mr. Ellis that they were not comfortable doing a Completeness Review on the application before them, because the subdivision plan has substantially changed, therefore, the matter has been tabled until a Completeness Review can be done on August 22, 2005.
        

V.      New Business
        
A.      Mrs. Jones spoke regarding Island Housing Trust. She is the liason between the Island Housing Trust and the Planning Board. The Ripples Road tract was discussed and the open space requirements [Section 5.16.2.3A] of the Ordinance.
Mrs. Jones explained that the homes have been discussed as being 17 individual units each having approximately 1000-1200 square feet of living space.
After a brief discussion, the Board determined that the Island Housing Trust is not exempt from the Open Space requirements and that they need to meet with the Board.
No action required. It was suggested that the Island Housing Trust meet with the Planning Board to discuss the open space issue.

B.      Streamlining the reading of the Subdivision Ordinance was discussed.

It was determined after conversing that the legal aspects of this issue should be researched and this issue should be tabled until the research has been completed.
No action required.

VI.     Meeting adjourned at 8:15 p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, August 8 2005 in the Meeting Room, Town Hall, Northeast Harbor.