Board Members Present Public Present
Marc Sevigny, Chairman Edward Gould Keating Pepper
James Clunan, Vice Chairman John Dargis Brian Reilly
Heather Jones, Secretary Elisabeth Hamlin-Reynolds Michael Ross
Patti Reilly, alt. Sam Fox Dick Vander Zanden
Joseph Tracy Hope Rowan Jerry Suminsby
Schofield (Sandy) Andrews III, Ellen Hamlin-Reynolds Eero Hedefine
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 November 28 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
A. NAME: Marion Swingle/ John Dargis, agent
LOCATION: 10 Schoolhouse Ledge Rd-Northeast Hbr.
TAX MAP:5 LOT: 31 ZONE: VR2
PURPOSE: To replace existing fence and to move fence line.
Site Inspection: 3:00 P.M.
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 and CEO Keene and reported by Mr. Clunan. He reported that this lot is on Schoolhouse Ledge, it is the 2nd lot going up the hill on the left. A building already exists on this lot, and the land slopes to the South. The proposed fence will replace an existing fence already on the property, and the new section of fence will be approximately 3-4 feet away from the abutting property line. This will give more room for the dogs that Mrs. Swingle-Stroud raises, to exercise.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Clunan/Jones)
Mr. Dargis, agent for the applicant explained that a courtyard and a porch is enclosed by the fence, the goal is to have more space. The tallest point of the fence will be 8 feet and it will slope up and down to about 6 feet. The land is very slopey and the fence will follow the slope of the land. Both sides of the fence will be finished.
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.
B. NAME: Gus Grason/ Hedefine PE, agent
LOCATION: Off Robinson Lane-Hall Quarry
TAX MAP:7 LOT: 84-1 ZONE: RW2
PURPOSE: Sketch Plan 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. Eero Hedefine, agent for applicant and Mr. Michael Ross, attorney for the applicant were present to explain the sketch plan and answer questions that the Board had on this sketch plan. Mr. Hedefine explained that they have private access, they are not on a public road. The front lots will have driveways off Robinson Lane and the two back lots will have a private drive. Test pits have been done and the applicant is potentially making a request to be allowed to have shared leach fields to serve lots that are located below this subdivision. The lots to be served are not part of this application and are owned by separate entities (Mr. Grason owns one himself; and Mr. and Mrs. Grason own the other lots together). Minimal clearing will be done and it is 800
feet or so from the water.
Mrs. Reilly stated her concern about the scenic character of Sargeant Drive and Somes Sound and explained some of the affects this subdivision may have on it.
Mr. Hedefine was asked several times for clarification of lot lines, test pit sites and proposed driveway locations; the site plan did not clearly answer these questions.
Liz Reynolds and her mother, Ellen Hamlin-Reynolds were present at the meeting. Ms. Reynolds had previously submitted a letter to the Planning Board regarding their concerns of the proposed subdivision. The Reynolds’ own the 23 abutting acres above the proposed subdivision location. She explained her concerns in detail as stated in her letter and indicated she is not against the subdivision in general, but would like to see some very strong restrictions put into place for the sake of the Town and surrounding area.
Chairman Sevigny explained that it is up to the parties involved, The Reynolds’, Mr. Grason, Mr. Hedefine and Mr. Ross to meet and try to come up with some agreement of the restrictions that may or may not be put into place. The Planning Board then will go over this agreement and make their decision from there. Ms. Reynolds stated that she was very willing to sit down with the parties involved to discuss her concerns.
The Board advised Mr. Hedefine that when he returns before this Board he will need the following,
1. Clearly number (instead of name) all lots on the plan.
2. Clarify which of the indicated test pits were approved.
3. Show remaining land on plan. (Other surrounding land/lots
owned or co-owned by Mr. Grason)
4. Clarify lot lines.
5. Provide an independent suitability of land report by a soil expert (Andrew McCullough was recommended) stating the soil is suitable to accommodate what is proposed.
This item will be put on the agenda for January 23, 2005 for a second sketch plan review.
IV. Unfinished Business
A. 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.
Site Inspection: 3:30 P.M.
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 was attended by Mr. Andrews and Mr. Clunan and reported by Mr. Andrews, he stated that nothing had changed on the lot from the last site inspection. They saw the upper side of the property and based on what they saw, it would be impossible to get the appropriate setbacks for any type of structure on this lot, therefore making this lot non-buildable. The Northwestern pin was identified but they were unable to find the Northeastern pin.
Mr. Vander Zanden explained the “bungalow” would be built in the Northwestern corner of the property.
It was explained to Mr. Vander Zanden that the setbacks as indicated in the ordinance must be followed; 25 feet from the property boundary and 75 feet from the stream. Using these set backs leaves no space for a building, rendering this property non-buildable.
Mr. Vander Zanden indicated that it is a buildable lot or a variance could be obtained to make it a buildable lot.
The Board asked Mr. Vander Zanden for his proof from Environmental Protection that this is or is not a buildable lot. Mr. Vander Zanden does not have such proof.
Mr. Tracy stated that he sees no sense in proceeding with this application if the lot can not be built on.
Mrs. Jones agreed with Mr. Tracy.
Mr. Vander Zanden was asked where the dredge-line is in reference to the proposed dock system.
Mr. Vander Zanden explained that he is not certain where the dredgeline is but stated the Town must have record of this information and that Mr. Newlin still wants to build the proposed dock, even if the lot can not be built on. The proposed dock meets all the standards of the LUZO and the LUZO does not require a building for approval.
Mr. Vander Zanden was told he would need to provide proof of where the dredge line is.
Mr. Vander Zanden asked for clarification of why he needs to provide the proof of where the dredge line is, he stated that the Town must have record of this and the Board can just get the information from the Town.
Chairman Sevigny explained to Mr. Vander Zanden that the burden is on the applicant to provide such proof; not for the Planning Board to look up the information.
Mr. Ed Gould, attorney for abutting property owner (Neilson), stated to the Board that he needs to know exactly where the dredge line is in the event of an appeal. Mr. Vander-Zanden has continually stated that Mr. Newlin needs this dock for access to his property to be able to utilize it as a house lot, now we are informed that he (Mr. Newlin) wants to proceed with the dock whether the lot is buildable or not. The LUZO clearly states that a permit can not be granted for illegal use. Your LUZO does not allow you to condition this.
Chairman Sevigny explained to Mr. Vander Zanden that he must provide,
1. Proof of exactly where the dredge line is.
2. All necessary documentation that will relate to voting on Sections 6.6, 6.9 and 6.10 of the LUZO to ensure there is no violation.
3. All necessary documentation relating to Marine Standards to ensure there is no violation.
Chairman Sevigny explained that this application has always been about being able to build a house on this lot, now realizing it is not a buildable lot, it is not about that, it is simply about access; it was recommended that the applicant go before the ZBOA first to get a variance to make the lot buildable. A motion to continue was suggested.
MOTION MADE AND SECONDED TO CONTINUE THE APPLICATION UNTIL JANUARY 9TH TO PROVIDE TIME FOR MR. VANDER ZANDEN TO GATHER THE NECESSARY ITEMS. (Clunan/Jones)
V. New Business
Discussion with Hope Rowan, Jerry Suminsby, Brian Reilly and Sam Fox from the Comprehensive Plan Committee regarding the proposed language changes in the LUZO to submit to the Warrant Committee.
After a lengthy discussion, some changes were to be made in the proposed language before submitting to the Warrant Committee.
Mrs. Jones will be updating the changes and attending the Warrant Committee meeting on 12-13-2005 to explain and answer questions they may have.
VI. Meeting adjourned at 10:15 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, January 9, 2006 in the Meeting Room, Town Hall, Northeast Harbor.
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