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Planning Board Meeting Minutes - 09/12/05

Board Members Present           Public Present
Marc Sevigny, Chairman          Carl Kelley             Will Granston
James Clunan, Vice Chair.               Mike DeAngelis  Katrina Carter
Heather Jones, Secretary                Carroll Fernald Jerry Suminsby
Lisa Renault                            Sam Fox         Sarah Murray
Joseph Tracy                            Brian Reilly
Schofield Andrews III, alt              Robert Collins
Patti Reilly, alt                       Robert Ho

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 August 22 meeting were unanimously approved as amended.

III.    Public Hearings - Conditional Use Permits
        A.      NAME: Thomas Savage
        LOCATION: 1265 Main Street, Somesville
        TAX MAP: 9  LOT: 106  ZONE:  R2
        PURPOSE: Amendment to existing CUP # 19-2003
        
        Site inspection was attended by Mrs. Jones and Mr. Clunan and not reported.

        Chairman Sevigny explained that it is his understanding that Mr. Savage did not attend the site inspection and that a letter had been received from Mr. Savage addressed to CEO Keene.
        Chairman Sevigny read Mr. Savages letter into the record. The letter explained that due to a previous commitment with MDI High School, Mr. Savage would be unable to attend tonight’s meeting. He requested being put on the September 26th agenda, as he could arrange to be at that meeting.
        CEO Keene explained that the commitment that Mr. Savage has is for three months [he coaches soccer at the high school] and she recommended putting him on the September 26th agenda as he requested.
        After some discussion, it was determined that the Planning Board would table Mr. Savages application until October 11th, which is a Tuesday, or until CEO Keene can make arrangements with Mr. Savage to attend another scheduled meeting.

        MOTION CALLED FOR AND SECONDED TO TABLE THE APPLICATION UNTIL OCTOBER 11TH, 2005 (Clunan/ Tracy).

        A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.





IV.     Unfinished Business

NAME: Mikel DeAngelis
LOCATION: Blanchard Road, Somesville
TAX MAP:  9  LOT:  12  ZONE:  R1
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.
        
        Mr. DeAngelis explained that the Board had noted six changes to be made to his application; all six have been made.
        CEO Keene and Mr. DeAngelis both thought this was the Public Hearing on this Subdivision. The recording secretary had not advertised this as a Public Hearing. After Mrs. Jones retrieved the minutes from the last meeting [with Mr. DeAngelis] they decided this was not in fact the public hearing, but the Completeness Review as indicated on their agendas. [Proper protocol was followed for a Completeness Review i.e., abutters and across road had been notified as well as Mr. DeAngelis] of the date and time of this meeting.

The standards of Section 4 of the Subdivision ordinance were reviewed. The changes to be made are:
1.      To add the names of property owners across the road from the proposed Subdivision to the Plat.
2.      Add the name ‘Blanchard Road” to the road as such on the plat.
        
The application was found complete. The Standards of Section 5 and 6. of the LUZO, as amended March 8, 2005, will be reviewed at the Public Hearing on October 11, 2005.


V.      New Business

NAME: Carroll G. Fernald
LOCATION: 6 Chauncey Somes Lane, Somesville
TAX MAP:  10  LOT:  89  ZONE:  VR2
PURPOSE: Subdivision Sketch Plan Review
Site Inspection: 4:30 PM


        Mrs. Fernald noted that she believes her property is zoned VR1, not VR2 as indicated on the agenda. [This was checked on by Darcel and the property is listed in our assessing system as VR2]
        Mr. Tracy asked Mrs. Fernald if she was simply changing the back lot into two lots.
       Mrs. Fernald indicated that that is what she is doing.
        Mr. Tracy asked if the two lots will have their own separate wells.
        Mrs. Fernald stated that there is one well that serves both properties. She stated she would drill a new well for the new house.

Site Inspection attended by Mrs. Jones, Mr. Clunan and Mrs. Fernald. It was reported by Mrs. Jones.

Mrs. Jones reported that this is before the Planning Board because the front house (located on the plat where it says to be conveyed) on this property was split off two years ago and technically that is why this is considered a subdivision. The back cottage is under contract and Mrs. Fernald just wants to split off this 1.24 acre section, an equal division. Mr. Clunan, Mrs. Jones and Mrs. Fernald walked around and found most of the boundaries of the property, it was very straight forward. Mrs. Jones also noted that because the property is under contract there is a time restriction to this application.
Mr. Sevigny asked if the gravel drive shown was Chauncey Somes Road.
Mrs. Jones indicated it was.
Mr. Clunan pointed out that on the plat a brook is indicated but stated that when they were at the site it was not babbling and that it was heavily overgrown. He explained that it appeared more as a seasonal run-off because there are meadows on both sides and there is under growth on both sides. The ground is relatively flat and drainage appears not to be an issue.
Mrs. Jones noted that the brook is a boundary of the property.
Mr. Clunan stated that there is no excavation or cutting of trees proposed.
        
Mrs. Fernald asked the Board if there is a way to by-pass a step in the application process due to her time constriction.
Mr. Sevigny apologized but explained to Mrs. Fernald that each step must be done in order and due to public notifications, etc., they can not be by-passed or hurried.

Mrs. Fernald will return on October 11, 2005 for her Completeness Review. Mr. Tracy suggested that Mrs. Fernald bring her application to CEO Keene to look over before her Completeness Review to make sure all is in order.
Mr. Sevigny explained to Mrs. Fernald that Sections 4 and 5 will be reviewed at the Completeness Review to find her complete.
        CEO Keene told Mrs. Fernald to give her a call whenever she is ready.

        No action necessary.


NAME: Nancy Ho/ Somes Sound Subdivision
LOCATION: Sound Drive, Mt. Desert
TAX MAP: 8      LOT: 39 ZONE: R1
PURPOSE: To amend existing language in approved restrictive covenants.

Mr. Ho explained that the Planning Board had already received the language he proposes to be approved. He explained that because the Town does not enforce the provisions of restrictive covenants, he believes it would be helpful for the property owner to be able to review the plans and have the opportunity to make sure the covenants are adhered to.
Mr. Tracy suggested a time limit on what Mr. Ho is proposing to release himself, at some point, from the responsibility. He believes without a time limit it is too open ended.
Mr. Ho agreed.

        A MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Clunan/Jones).

Mr. Tracy recommended that Mr. Ho simply add a sentence to the end of the proposed covenants indicating that this amendment to the restrictive covenants is applicable only to the initial construction phase.
The sentence was added to the end of section 4 of the covenants and initialed by Mr. Ho.

        A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.


        Sydney Roberts- Rockefeller
To discuss the Great Harbor Museum status and future use with the Planning Board and the Comprehensive Plan Committee, as requested by the Board of Selectman.

Discussion:

Carl Kelley (Co-Chair of the Great Harbor Maritime Museum) stated that a couple of months ago we had a rain storm and a great amount of water came into the museum. He indicated that they have had the roof fixed, they have had the flat roof fixed two or three times and Jim Clunan, in his capacity as secretary for the Great Harbor Maritime Museum, was the one who sent the letter to the Board of Selectman.
He indicated that the stucco has become damaged and there is no lending institution in the world willing to give them money with only one year left on their lease. When they went to the Selectman, Rick Savage said, “Well I can tell you the citizens aren’t going to vote to fix it either”. It was suggested by one of the other Selectman that they sell us the building, with a guaranteed buy back to the Town for the same price that they bought it for.
Mr. Sevigny asked Mr. Kelley what this has to do with the Planning Board.
Mr. Kelley explained that he was here at the Planning Board meeting to provide information. After their last Board meeting, they voted to try to buy the building (with the guaranteed buy back for the Town) so they then could apply for grants and loans to fix the building.
Mr. Clunan indicated that he is a Board member for the museum as well the Planning Board and therefore he has a conflict of interest. He stated that the one piece from the Selectman’s meeting that he recalls is that they by consensus voted for the Planning Board to give them a recommendation on this particular piece of Town property.
Hope Rowan, Planning Assistant, explained that yes, The Board wanted both the opinion of the Planning Board and the opinion of the Comprehensive Plan Committee.
Mr. Sevigny stated that if he is not mistaken, two years ago, we had the same discussion about this property and another property over in Seal Harbor and he doesn’t recall what the outcome was at that time.
Dr. Sam Fox added that at that time the Town decided that it was inappropriate to sell the properties because the Town was reorganizing the Comprehensive Plan Committee at that time and a decision would be premature.
Katrina Carter asked that at that time, two years ago, wasn’t that more in regards to selling the properties to the Private individuals for private ventures? (One interest being a bank, the other a restaurant) this is a whole different operation. This is a non-profit museum that has generated interest in the community that has leased this building for years and would like to maintain itself there but can’t, because the building is falling down around them. They have had priceless exhibits this year that are being put in jeopardy because of the blatant disrepair of the building. The museum can’t fix it, because they can’t ask for grants, because they don’t own it. That is different than selling it to a bank.
Mr. Sevigny said If I remember correctly, it was more just should they sell or should they not sell two years ago and they decided not to sell.
Sarah Murray, Curator of the Museum stated I am simply here to let you know that we would like to continue to stay in the building, not necessarily to ask you to sell it to us but to let you know we would like to stay in the building.
Mr. Sevigny said the Planning Board has no authority to agree to sell them the building; they only can make a recommendation to the Board of Selectmen.
Jerry Suminsby agreed the Town decided to leave everything as is until they get some type of long term plan in order. As the Comprehensive Plan Committee, he stated it was hard for them to get a grip on the realization of any of these properties without a greater plan of savings. Are we increasing a business? or are we trying to keep it the same?. He tells the Museum Board regardless of what anyone thinks, it will go before the voters and they will ultimately decide.
Mr. Sevigny asked the Museum Board, if it is determined that the building needs to be torn down, would that be acceptable?
Sarah Murray said we [the museum] would maintain the building because of the historical value that it brings to the museum. They would more be looking at restoring the building.
        Jerry Suminsby asked what the museum has discussed as a “rainy day” scenario if the voters say no. What other alternatives do you have? He explained his opinion on the Main Street/Harbor connection. He suggests that we somehow connect the Harbor with Main Street; he states the only connection between the two is Sea Street which is zoned commercial on one side of the street and residential on the other. Mr. Suminsby believes that an information center would be useful in the building that the museum currently leases. He states that building [currently housing the museum] is zip; it is not worth putting the money into. Maybe utilize parking with another smaller building with restrooms and an information booth and then put the money back in and utilize it down here at the marina. Mr. Suminsby stated that the Chamber of Commerce is more of a yachtsman center; maybe utilize that space for the museum. How old is that building?
        Mr. Kelley stated the museum ‘building’ was built in 1916.
        Mr. Tracy suggested that we proceed in steps. First decide if we should keep this building in the public sector or sell it to the highest bidder. Mr. Tracy proposed a vote on that.
        Dr. Fox declared there is a shortage of workers in the boat building industry, that is so important to this Island as well as off the island. He states the exhibits have done a great job getting the message across to people of how important this industry is on this island.
        Mr. Tracy suggested maybe workforce housing.
        Dr. Fox asked how much surrounding land belongs with the building?
        Mr. Suminsby answered not much around the building, very little is what the Town owns.
        Dr. Fox said certainly there is a need for workforce housing, but not necessarily in this building.
        Mr. Clunan read a section form the Comprehensive Plan ordinance.
        Mr. Andrews stated that what he believes Mr. Clunan is trying to say is that by having the museum there, it supports the guidelines that were read by Mr. Clunan from the Comprehensive Plan. He also stated for the record that he is a big supporter of having the museum there; he believes it adds a whole new dimension to the Town.
        Mr. Suminsby questioned the museum Board about their intended use for the second floor of the building. Will it be used by the museum or will the Town utilize the space for something.
        Brian Reilly of the Comprehensive Plan Committee questioned if anything had already been decided regarding future use of the building? He stated it appears that is what they are talking about.
        Mr. Suminsby said it is necessary to look at the public space ratio in Northeast Harbor, he believes it will be recommended that the building stays some kind of public use building. He stated that a lease is probably fine but because there are traffic lines going out around it if you sell this piece without the means to get it back then it is an interesting proposal. If you own something for free then sell it, what are you going to do with the money, lower the taxes for a short piece of time and then ten years, fifteen years when they need to do something, they [the Town] are going to have to buy it back at an appreciated market rate.
        Willy Granston stated that is not what was said.
        Mr. Suminsby indicated he was speaking of the “worst case scenario”.
        Willy Granston stated when the building was built in 1916 it was built as a fire station to replace a barn. They wanted to build something to be proud of, that it was written in a document 50 years ago, as a recollection of the original Northeast Harbor fire station built by Alda Reed, who did a lot for this Town. It said Lauren Kimball wanted me to work on a building that we wouldn’t be ashamed of. You shouldn’t be ashamed of that building; it’s a good looking building and one of the few that still have their original stucco. Think about the other buildings on Main Street, the original buildings that had stucco, The Romantic Room had stucco, The Joy block had stucco, The Neighborhood House no longer shows its stucco. The Great Harbor Maritime Museum is the only one that shows it original stucco; the gas station doesn’t show its stucco anymore.

        Mr. Tracy suggested not getting stuck on stucco.
        Mr. Granston indicated that the plan spoke of Historic Value and preservation, and he is trying to show that this building does have historic value.
        Mr. Andrews agreed that just because the building isn’t in current taste, doesn’t mean it isn’t worth maintaining. Tastes change at a pretty rapid pace; we may think it’s beautiful in another fifteen years.
        Mr. Suminsby stated we could probably get some good comments from the Library.
        It was stated it is very difficult to have something historic as public use.
        Mr. Kelley asked If the museum is going to flip the bill to repair it and bring it back up to where it should be [quality, standards and dryness] if we sell it to them and continue its public use, it will grow as a museum for all to enjoy. When it stops being a museum, it will come back to the Town; it seems like a no brainer.
        Mr. Sevigny stated he believes that the Town would like assurance that they will have no financial obligation after the museum fixes it up.
        Mr. Andrews stated that no one will give them a mortgage loan when there is a first refusal buy back option in place for a dollar.
        Mrs. Jones indicated the way she understands it is that they are looking at grants and private donors, not loans.
        Mr. Kelly agreed, he said they have several private donors quite interested in fixing it up and donating monies and that there are many grants available but without a long term lease or purchase of the building, they can’t even apply for these funds.
        Mr. Tracy asked what they consider a long term lease.
        Mr. Kelly suggested 20-30 years.
        Mr. Suminsby asked about the use of the upstairs of the building.
        Mr. Kelly stated that they would be leasing the whole building; they would continue to use the upstairs.
        Sarah Murray explained that if the museum was preserved and the long term lease was granted, the museum could expand its services, making it acceptable to the schools and with other museums in the community on a 12 month basis. The museum currently has no indoor plumbing making it difficult to utilize the building on a year round basis.
        Robert Collins states that there are a lot of dynamics going into this and a lot of concern about losing what they treasure. He doesn’t know how they can continue to campaign for funds to improve the building when it stays in public domain.
        It was asked if the Town could apply for these grants that the museum speaks of.
        It was stated that possibly the grants could be received by the Town.
        Mr. Suminsby stated that this Town is very leery of grants. He stated that Mike [MacDonald] is less suspicious than previous Town Managers, but the Town has never spent much time investigating grants. The one exception to this is the Harbor.
        It was asked if the building was a historic landmark.
        Mr. Kelly indicated that it was not, and they did not intend to have it deemed so because of the restrictions. He stated that he liked double paned windows.
        Brian Reilly stated that even if the Town keeps the building, grants and such could still be applied for by the Town for the museum. He stated his vote would be why use the time and effort, let them [museum] do the work and use their time, then give it back when they are done using it. He stated he also thought that a lot of these grants are just private donors waiting and ready to write checks and they don’t want to [give money] to the Town.
        Mrs. Jones stated that she believes that the Planning Board is to make a recommendation to the Board of Selectman as to if the building should stay in the public sector or if it should be sold to the highest bidder in the private sector.

        “The Planning Board will recommend to the Board of Selectman that the building located at 124 Main Street continue to be used as a public resource in the form of The Great Harbor Maritime Museum or a similar use.”
        

Meeting adjourned at 8:30 p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, September 26th in the Meeting Room, Town Hall, Northeast Harbor.