Board Members Present Public Present
Marc Sevigny, Chairman Carol Fernald Edward Gould Dr. Sam Fox
James Clunan, Vice Chairman Robert Collins Stephen Salsbury
Schofield (Sandy) Andrews III RJ Vander Zanden Don Becker
Michael Musetti Patrick Smallidge
Megan Gahl Aram Calhoun
Greg Johnston Sam Coplan
Kim Keene, CEO; Darcel Winslow, Recording Secretary; Hope Rowan, Planning Assistant
I. The meeting was called to order at 6:08 p.m by Vice Chairman Clunan.
II. The draft minutes from the October 11, 2005 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
A. NAME: Barnacles LLC/Theresa Sears; Dock Works, agent
LOCATION: 8 Barnacles Way, Northeast Harbor
TAX MAP: 23 LOT: 1-1 ZONE: SR2
PURPOSE: To construct a permanent pier with a temporary 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 Mr. Clunan Mr. Andrews, CEO Keene, Darcel Winslow. It was reported that the applicants again did not show up for the site inspection and were not present.
Chairman Sevigny stated this is the second time the applicant did not show up. He instructed CEO Keene to contact the applicant and suggested postponing the public hearing until 11/14 or 11/28, depending on the outcome of the phone conversation. He also stated they could deny the application tonight.
CEO Keene suggested they not deny the application because the applicant could not come back before the Board for 9 months if the application is denied.
MOTION MADE AND SECONDED TO TABLE THE APPLICATION UNTIL 11/14 OR 11/28, depending on the outcome of the phone conversation with CEO Keene.
(Clunan/Andrews).
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0.
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 permanent dock and seasonal float and ramp.
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. Clunan, Mr. Andrews and Mr. Gould, attorney for The Neilson’s, abutters to the property. It was reported by Mr. Clunan. Mr. Clunan explained that they walked the lot where the proposed dock would be, the pin was found and marked in yellow. You can see where the dock is proposed to be; the plan is very accurate. The property is about 95 feet wide and steep on each side of the stream. There are commercial piles and floats visible in the water and you can see Mount Desert Yacht Yard. He indicated on a residential standpoint, the amount of development is normal for the area but on a marine standpoint, it is quite crowded.
Mr. Vander Zanden explained that the dimensions were marked on the plan as requested by the Planning Board and to comply with the ordinance. They changed from temporary to permanent to comply as well. The dock is proposed to land on the rocky knoll slightly above the high water mark, they are using 4000 pound pilings made of cement block. It will ground out at low tide about 2 feet on one side and about 1 ½ feet on the other side. At the end of the pier, he stated there will be plenty of room. He indicated that no large boats come into that area anyway. He explained that he has already spoken to the Harbor Master and he feels there will be no encroaching impact on the existing pile floats and moorings.
Chairman Sevigny explained to Mr. Vander Zanden that the Board will need something from the Harbor Master in writing.
Mr. Gould, attorney for The Neilson’s, abutting property owners, explained to the Board that the area in question is extremely tight and the law states that written documentation is needed from the Harbor Master for the record.
He urged the Board to look closely at the application, at low water, this float is completely
grounded, rendering it useless. He asked the Board, What is the sense to have a structure, with such little use. He also explained that this will cause a burden for the existing structures and moorings. He stated he had no choice but to ask the Board to deny this application.
Mr. Vander Zanden explained that this lot was divided in he believes in 1993, the road frontage section of the lot was sold leaving only a 6 foot walkway as means to get to this piece of property. It is 177 feet from the road to the property, with no vehicle access, only a walkway. He added that after low water mark, it is no longer the Harbor Masters authority; the authority then belongs to The Army Corps. of Engineers. He stated the dock is being built on water that is not navigable.
Mr. Andrews explained that it is 177 feet from the road down the walkway to the property and 172 feet from the end of the proposed pier to the property; it seems this pier is being built to save only a distance of 5 feet.
Mr. Vander Zanden stated that he does not even have a place to park a car. But this will give him a place to park a boat.
Mr. Andrews asked if this is even a buildable lot.
CEO Keene reported that the Town has no documentation of this split of land ever happening. She explained that the Town has to sign off on splits of land and this one appears to have never come before the Town. Therefore, it may not be buildable.
Chairman Sevigny explained to Mr. Vander Zanden that he will need to provide
1. Something indicating this is a buildable lot.
2. Harbor Master or Harbor Committee written opinion on this 176 foot pier and indication that there will be no hazard involved.
3. Provide topography of entire lot.
MOTION MADE AND SECONDED TO TABLE THE APPLICATION until December 12 (Andrews/ Clunan).
IV. Unfinished Business
A. NAME: Caroll Fernald Subdivision
LOCATION: 6 Chauncey Somes Lane, Somesville
TAX MAP: 10 LOT: 89 ZONE: VR2
PURPOSE: Subdivision Completeness Review
No conflict of interest was reported. The regular members present are the voting members for this hearing.
The standards of Section 4 of the Subdivision ordinance were reviewed. The changes to be made are…
1. Provide proof of name change for record as part of Attachment A.
2. Write see survey as number 9 on application.
CEO Keene told Mrs. Fernald they needed to be submitted to the Town office two weeks prior to meeting date.
The application was found complete. The Standards of Sections 5 and 6. of the LUZO, as amended March 8, 2005, will be reviewed at the Public Hearing on November 28, 2005.
B. Subdivision Name – Arthur Palmer Trust Subdivision
OWNER/APPLICANT:– Arthur Palmer Trust, Steven Salsbury, agent
LOCATION: Gray Farm Road, Mt. Desert
Map 11 Lot 69 ZONE RW3
PURPOSE – Completeness Review of proposed 7 lot subdivision of 36.4 acres
No conflict of interest was reported. The regular members present are the voting members for this hearing.
The Standards of Section 4 of the Subdivision ordinance were reviewed. The changes to be made are…
1. 4.2.3.7- Show location on plat.
2. 4.2.3.12, Lot configuration is different on 6/7 will need to clarify.
The application was found complete. The Standards of Sections 5 and 6. of the LUZO, as amended March 8, 2005 will be reviewed at the Public Hearing on November 28, 2005.
C. Michael Musetti
Not formally on the agenda for this evening. Mr. Musetti is back before the Board for an amendment to his previously approved subdivision application for Echo Woods Subdivision in Hall Quarry.
Mr. Musetti and Greg Johnston, CES were both present to explain that the way the current road is for this subdivision, they have run into a great amount of ledge. To continue to make this as applied for, they will need to take another 8 feet of ledge from what they have already taken, opening this up much more than they anticipated to the view of the road. Mr. Musetti submitted photographs showing that the Standards can not be met without considerable change if this modification is not granted.
Mr. Johnston explained that they propose to dip down before going up towards the road. This will actually be safer than the other way, he stated. Water build up will not be a problem and culverts will be put in on both sides.
MOTION MADE AND SECONDED TO MODIFY THE ROAD STANDARDS OF THE APPLICATION FOR Echo Woods Subdivision; Section 5.14.1-A 2 % grade will be maintained for approximately 30 feet in from the intersection of Main Street, instead of the required 75 feet within the intersection. (Making it safer for traffic)
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0.
D. Sam Coplon, not formally on the agenda this evening was here to get clarification between two different ordinances of the Town. Section 5.8 “Sewage Disposal” of the Subdivision Ordinance and Section 2.01 of the Sewer Ordinance, enacted March 1, 2004 differ in language with regards to distance for connection. One indicates 200 feet from a roadway and the other indicates 1500 feet from a roadway. He is here seeking clarification on this matter. He is unsure which ordinance applies to what he is proposing.
Chairman Sevigny explained to Mr. Coplon that the Board will need to seek clarification as well. He instructed CEO Keene to call Maine Municipal Association for their opinion on this matter and told Mr. Coplon the Board will let him know the information he is requesting, when they receive it.
V. New Business
Discussion:
A. Hope Rowan & Aram Calhoun to meet with the Planning Board to discuss the mapping of Town vernal pools.
Several people were present for the vernal pools discussion including Board of Selectman, Patrick Smallidge. Ms. Calhoun gave a power point presentation and explained the need for mapping these pools.
B. Acknowledge letter sent to the Planning Board from Mrs. Lehman.
The letter was acknowledged but due to the lateness of the meeting, the Board will discuss its contents at the next regularly scheduled meeting on November 14, 2005.
VI. Meeting adjourned at 9:30 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, November 14, 2005 in the Meeting Room, Town Hall, Northeast Harbor.
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