Board Members Present Public Present
Marc Sevigny, Chairman Dotty Kay Stillman Elwood Ellis
James Clunan, Vice Chairman David Stillman Meta Neilson
Heather Jones, Secretary Carlton Johnson Benjamin Neilson
Joseph Tracy Stan Mathieu Edward Gould
Schofield Andrews III, alt Bob Falt RJ Vander Zanden
Alice Carter Stephen Salsbury
Don Becker John Williams
Barbara Williams Bill Haynes
Steve Demers
Kim Keene, CEO; Darcel Winslow, Recording Secretary
I. The meeting was called to order at 6:00 p.m. by Chairman Sevigny.
II. The draft minutes from the August 8th meeting were unanimously approved, as corrected.
III. Public Hearings - Conditional Use Permits
A. NAME: Frank Newlin/ R.J. Vander Zanden, agent
LOCATION: 423 Sound Drive, Northeast Harbor
TAX MAP: 26 LOT: 38-1 ZONE: SR1
PURPOSE: To construct a temporary seasonal floating pier and float.
It was confirmed the notice was published in the Bangor Daily News.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection attended by Mr. Clunan, Mr. Tracy, Mrs. Jones and reported by Mr. Clunan.
Mr. Clunan explained that a 160 foot dock is proposed, it will be a floating structure. It is located on the Northeast side of the harbor. Looking out into the water from the property you can see many small commercial docks. Mr. Clunan described the land as very steep down to the ledge, with a running stream [assumed to be a year round stream as it is currently running with little rain this season] The water is very shallow, a boat with a keel would bottom out in this section of water. Mr. Clunan was concerned as the property appears to be much narrower [with less water frontage] than is stated on the plan submitted to the Planning Board. The plan states the frontage to be 150 feet, and upon measuring, it appears to only be a direct distance of 90 feet
from one side of the property to the other.
Mr. Vander Zanden, agent, stated that Mr. Newlin is trying to gain access to his property by sea, as there is no alternative access, otherwise, making the property “near worthless” without the proposed sea access. He explained that the water is very shallow and at low tide there is only a foot and a half of water in the proposed area for the dock.
Mr. Clunan asked for Mr. Vander Zanden to show the Board where on the drawing are the high and low tide marks, and explained that any alteration of any sort must be put on the application. He explained the Board can only approve what is on the application itself when submitted to the Board.
Chairman Sevigny read two letters from abutters [one represented by Andy Hamilton of Eaton & Peabody, esquire] to this property indicating their concerns and comments regarding this application.
Chairman Sevigny asked Mr. Vander Zanden for clarification of what the actual frontage is on this property. Is it the 150 feet as stated on the application or is it the measured 90 feet?
Mr. Vander Zanden stated that he believed the frontage on this property was between 91-95 feet and added that the mentioned stream is about 15-20 feet away from the pin point.
CEO Keene indicated that to date we have no record of a letter of authorization to allow Mr. Vander Zanden to represent Mr. Newlin on this matter.
Mr. Vander Zanden alleged that the “Town allowed an illegal separation of land, and now he [Mr. Newlin] only now wants to be able to use his land.” Mr. Vander Zanden stated that he now needs help determining how to make this application work. Mr. Vander Zanden also stated that he will do whatever it takes using appeals or the court system to make this work.
Mr. Tracy explained to Mr. Vander Zanden that the Board can not deviate from the ordinance. The guidelines are all specifically indicated in the LUZO.
Mr. Tracy suggested that he [Vander Zanden] go to Prock Marine for direction; they are the experts.
Chairman Sevigny stated that The Planning Board will not comment on whether a legal or illegal separation was made, but explained that the LUZO clearly indicates specific restrictions and length limits. Mr. Vander Zanden was urged to get a copy of the LUZO if he didn’t already have one.
Mr. Tracy suggested working with CEO Keene on the specific restrictions and as to what is allowed and what is not. He explained to Mr. Vander Zanden that CEO Keene can determine if the application is in conformance with the ordinance.
MOTION MADE AND SECONDED TO TABLE THE APPLICATION UNTIL SEPTEMBER 26th, 2005(Tracy/Clunan).
No action required.
A VOTE WAS CALLED AND THE MOTION CARRIED TO TABLE THE APPLICATION UNTIL SEPTEMBER 26, 2005, UNANIMOUSLY 5-0.
B. NAME: John Williams Co/ Barbara Williams, agent
LOCATION: 17 Shipwright Lane, Hall Quarry
TAX MAP: 19 LOT: 10-2 ZONE: SC
PURPOSE: To construct a 35 ft. tall storage building 100 ft long X 60 ft wide
It was confirmed the notice was published in the Bangor Daily News.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection attended by Mrs. Jones and Mr. Tracy and reported by Mr. Tracy.
Mr. Tracy explained that they went to the Boatyard (former quarry), the 4 corners of the proposed building are staked out and the pins in the ground were said to be accurate. Some blasting will need to be done to get rid of some ledge. It will be 26 feet from the frost wall to the highest point of the building and the high end of the building will be facing the Sound. The long axis of the building will run north to south on the property.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/ Jones).
It was explained by Barbara and John Williams that the building will be for heated storage as many of their clients are now requesting the heated storage. The building will be kept 40-45 degrees. The building will be built over and existing well on the property and the well will then be located inside the storage building, capped off and still used by the Boatyard. Mr. Williams explained that he will go no higher than necessary with the height of the building (ledge being blasted is the issue) and that they will use the blue colored roofing to minimize impact of the view of the building.
Mr. and Mrs. Stillman (Map 19 Lot 10-4) own the property directly behind the Boatyard. Mrs. Stillman read a letter that they submitted to the Board explaining the impact that the proposed building will have on them and their property, Mrs. Stillman explained they have had this piece of property for 20+ years and will be losing a portion of their view if this building is approved. Mrs. Stillman also stated her concern that her property value will decrease with this building erected in their line of site. Mr. Stillman described their relationship with their neighbors as being good and that they feel bad for proposing not to approve the application.
CEO Keene asked the Stillman’s if their view was protected in their deed, with a View Easement.
Mr. Stillman indicated that it was not.
Mr. Tracy suggested that they manipulate the vegetation on their property to minimize the affects of the building being within their view.
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: Jean Lipkin/Steve Demers, Gardens By Design, agent
LOCATION: 9 Rowland Road, Seal Harbor
TAX MAP: 29 LOT: 27 ZONE R1
PURPOSE: To construct a 260 linear foot fence in two areas on their property.
It was confirmed the notice was published in the Bangor Daily News.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection attended by Mrs. Jones and Mr. Clunan and reported by Mrs. Jones.
The proposed fence will have posts that will go over the CEO 6 foot height authority by 3 inches and there will be a double gated area by the driveway.
Mr. Demers explained that there will be a roof-like structure as point of entry with a projected height of 9 foot 7 inches in two spots over a double door gate. There is an existing 6 foot stockade fence in place that will be removed and replaced with the proposed fence.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Jones/Clunan).
Mr. Clunan explained that the roads on the hill are narrow and the proposed fence will be on the S curve. He feels that this particular section of road is no more dangerous than other curves on the road. A letter received from an abutter to the property was read aloud.
Mr. Demers added that sight lines are actually improved using the proposed plan, minimum 6 foot set back from road to be maintained and all boundary setback requirements will be met. 1-2 small trees may have to be removed.
The Standards of Section 6. of the LUZO, as amended March 8, 2005 were reviewed and found to be in conformance with existing conditions, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
D. NAME: Michael Phillips
LOCATION: 11 Sea Street, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: VC
PURPOSE: To modify second floor of multi-use building.
It was confirmed the notice was published in the Bangor Daily News.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection attended by Chairman Sevigny, Mr. Clunan, Mrs. Jones and Mr. Tracy and reported by Mr. Clunan.
The previously approved Conditional Use Permit is being amended to modify the second floor of a multi-use building. There will be small personal offices and small bedrooms on the second floor. Mr. Clunan stated he saw no evidence of increased impact.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Andrews/Tracy)
The Standards of Section 5.7.1-3 of the LUZO, as amended March 8, 2005 were reviewed and found to have less impact than previously approved, therefore this application is not significant, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY (5-0)
IV. Unfinished Business
A. NAME: Elliman Neighborhood LLC
LOCATION:30 Neighborhood Road, Northeast Harbor
TAX MAP: 23 LOTS 17 & 19 ZONE: VR1
PURPOSE: Subdivision Completeness Review
This application was tabled at the July 25, 2005 meeting, due to changes in the plan. Mr. Ellis explained to the Board that the suggested changes had been made and a new plan had been submitted. The new plan dated 08/12/2005 shows the drain (run off) to the east of the property and the sewer. It shows the driveway to the existing house and includes the road name [Neighborhood Road] being added to the plan.
Section 4.2.1, 4.2.2 and 4.2.3 were reviewed and a public hearing will be held on September 26, 2005.
V. New Business
A. Arthur Palmer Trust Subdivision
LOCATION: 18 Gray Farm Road, Mount Desert
TAX MAP: 11 LOT: 69 ZONE: RW3
PURPOSE: Subdivision Completeness Review
Mr. Becker from CES, Inc indicated to the Board that they do not yet have DEP approval for this project; he explained that DEP told him he must first get Town approval.
CEO Keene and Chairman Sevigny explained to Mr. Becker that the ordinance clearly states that a DEP permit must be obtained prior to Planning Board approval. Mr. Becker stated that he had been doing this type of work for a long time and he had never heard of such a thing.
CEO Keene will get in touch with John Cullen at DEP to discuss this issue and to get clarification.
Mr. Tracy did indicate that the proposed Covenants numbered 3,5,6 and 7 were in violation of the Town Ordinance and were grounds for denying the application.
The meeting was tabled until October 11th, 2005 for Completeness Review.
VI. Meeting adjourned at 9:00 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, September 12th, in the Meeting Room, Town Hall, Northeast Harbor.
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