PLANNING BOARD MEETING MINUTES SEPTEMBER 26, 2005
Board Members Present Public Present
Marc Sevigny, Chairman Edward Gould, Esq. Bob Falt
James Clunan, Vice Chairman RJ Vander Zanden Carlton Johnson
Heather Jones, Secretary Elwood Ellis William Newlin
Joseph Tracy Stan Mathieu Bob Barrows
Schofield (Sandy) Andrews III, alt Alice Carter Linda McGillicuddy
Patti Reilly, alt Noel Musson Steve Demers
Clem McGillicuddy
Kim Keene, CEO and 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 September 12 meeting were unanimously approved as amended. (Motion to approve Tracy/Jones)
III. Public Hearings - Conditional Use Permits
A. Gus Grason/ Noel Musson, CES, agent
LOCATION: Robinson Lane, Hall Quarry
TAX MAP: 7 LOT: 84-2 ZONE: SR2
PURPOSE: Revision of previously approved CUP # 019-2005.
**This application was taken out of order as requested by Mrs. Jones as it is only an amendment to an existing CUP previously approved by this Board.
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 Mr. Andrews and Mrs. Jones and reported by Mrs. Jones. Mrs. Jones explained that the ramp and float are in place that was previously approved by the Planning Board. She explained they would only be adding an extension to what is already there which would allow them to put in a few steps to prevent it from sitting on the bottom.
Noel Musson, CES, explained that this is a seasonal ramp; they propose to add an 18 foot section to the existing ramp and float to provide a safer means of access. The extension will bring the total length to the allowable 75 feet for temporary structures.
Jim Clunan asked Mr. Musson how far out into the water does this extend.
Mr. Musson stated it is less than 75 feet out into the Sound from the high water line.
Mrs. Reilly asked Mr. Musson if it was normal to gain approval for a float that sits on the bottom.
Mr. Musson explained that it was a design flaw.
Bob Barrows, a Hall Quarry resident expressed concerns about the ramp and float sitting on the bottom and being out of the water. He is also concerned about the number of moorings there in the Harbor and with storms.
Mr. Sevigny urged Mr. Musson to discuss the possible engineering problems with Mr. Grason and explained to Mr. Barrows that the mooring issue is for the Harbormaster to take care of, not the Planning Board.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Clunan).
The Standards of Section 5.7. 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.
B. NAME: Frank Newlin/RJ Vander Zanden, agent
LOCATION: Off Harborside Road, 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 Bar Harbor Times.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection attended by Mrs. Jones, Mr. Clunan and Mr. Andrews; it was reported by Mr. Andrews.
The site is located on the Harbor near Morris Yachts. It is hard to ascertain what is proposed as the boundaries could not be located. This is a very narrow parcel of land and the proposed pier and float would be tightly wrapped by the other structures already out there in that area of the Harbor. The proposed will float at high tide and be resting on the shore at low tide.
RJ Vander Zanden, agent explained that the proposed plan has been changed to 120 feet to be a permanent pier and a 62 foot temporary ramp and float. They [The Newlin’s] according to the ordinance can go 75 feet with the temporary section but they have chosen not to, due to the other structures already in place.
Mrs. Jones asked the Board to recall the discussion from the last meeting about the actual shore frontage on the property, is it 90 feet or 150 feet of shore frontage? She added that at the site inspection, they could not find markers.
Mr. Vander Zanden said the tax map showed a measurement of 90 feet, he’s willing to go with that.
Mrs. Jones explained that the boundary lines are still not identified.
Kim Keene, CEO explained that 120 feet of the proposed Marine Structure is permanent and 60 feet is temporary.
Mr. Vander Zanden stated they can go 75 feet if they choose to, but decided to go only 62 feet so they wouldn’t encroach on the surrounding pile floats. They choose to settle with less than allowed.
Edward Gould, Esquire present on behalf of the Neilson’s, explained that he believes the original application is still before the Board, not the new plan. He requests that the Board either
1. Deny the application, and have Mr. Newlin resubmit a new application with the proposed changes.
2. Deny the application as amended due to being too tight with the existing moorings
3. Table this application to another time so that my clients [Newlin’s] have the opportunity to review the newly submitted plan.
Mr. Vander Zanden explained that he will now need DEP approval therefore he requests that this be table to a future meeting.
MOTION MADE AND SECONDED TO TABLE THE APPLICATION UNTIL OCTOBER 24, 2005. (Clunan/Jones)
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
C. NAME: Theresa Sears/ Barnacles LLC
LOCATION: 8 Barnacles Way, Northeast Harbor
TAX MAP: 23 LOT: 1-1 ZONE: SR2
PURPOSE: To construct a permanent pier with a seasonal ramp and float.
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 Mrs. Jones and Mr. Andrews and reported by Mrs. Jones.
Mrs. Jones explained that the owner/applicant and/or agent did not show up for the site inspection. Due to the fact that no one was present, they found the site inspection to be unsatisfactory.
MOTION MADE AND SECONDED TO TABLE THE APPLICATION UNTIL OCTOBER 24, 2005 (Tracy/Jones).
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
Subdivision
D. NAME: Elliman Neighborhood, LLC/ Elwood Ellis, agent
LOCATION: 30 Neighborhood Road, Northeast Harbor
TAX MAP: 23 LOT: 17 & 19 ZONE: VR1
PURPOSE: 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 Mrs. Jones and Mr. Andrews and reported by Mr. Andrews
The property is located on the North side of the road and slopes slightly towards the road. The property is partially cleared and partially wooded. Mr. Ellis showed the driveway and utilities as directed.
Mr. Ellis, agent explained that he added the requested information to the plan that the Board indicated.
Bill Newlin introduced himself and explained that he had no problem with the application, he received a notice of the Public Hearing and simply thought he’d come listen. Although, he did ask hypothetically, how the Board keeps people from building humungous ugly buildings.
Mr. Sevigny explained to Mr. Newlin that the Board has no control over people’s tastes.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Clunan).
The Standards of Section 5 of the Subdivision Ordinance and 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.
IV. Unfinished Business
V. New Business
A. NAME: Mary Morgan/Steve Demers, agent
LOCATION: 21 Rowland Rd., Seal Harbor
TAX MAP:29 LOT: 25 ZONE: R1
PURPOSE: To install a 76 foot stockade fence
Site inspection attended by Mrs. Jones and Mr. Andrews and reported by Mr. Andrews.
The property is located on Rowland Road; going east it is on the left. The lot slopes down gently and the fence will have minimal impact on traffic. The proposed fence will be set back from the road six feet as required. The fence will slope with the land and not exceed the 8 foot height limit. A cedar tree will need to be cut. Mr. Sevigny inquired into the reasoning for the fence.
Mr. Demers explained that this will provide a minimal amount of privacy and screen off noise. The proposed will go along with the other landscaping on the property.
Mr. Andrews stated that he has no concerns with this project, what-so-ever.
Mrs. Jones added that the structural side of the fence will be facing the applicant.
MOTION MADE AND SECONDED TO TABLE THE APPLICATION (Jones/Clunan) UNTIL OCTOBER 11, 2005 due to the wrong abutters having been notified of this meeting.
Mr. Sevigny explained to Mr. Demers that the Board has already done all that they need to do and approval will be granted at the next meeting. The abutters need to have the opportunity to come and voice their concerns if they choose to.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
VI. Meeting adjourned at 8:17 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, October 11, 2005 in the Meeting Room, Town Hall, Northeast Harbor.
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