Town of Mount Desert Planning Board APPROVED
Minutes of January 26, 2004 02-09-04
Board Members Present Public Present
Marc Sevigny, Chairman Beth White
James Clunan, Vice Chairman Albert Hamor
Heather Jones, Secretary Barbara Danielson
Samuel M. Fox III Jason Lovejoy
Joseph Tracy Theresa Clark
Robert Coolidge, alt Chadd E Blanchard
Stephen Zirnkilton, alt
Brent Hamor, CEO; Barbara Williams, Assistant; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the January 12, 2004 meeting were unanimously approved as amended.
V. New Business
(taken out of order)
A. Chadd Blanchard
Tax Map 9 Lot 11 Zone Village Residential 1
9 Blanchard Road
Sketch Plan Review for a 3-lot subdivision
Mr. Blanchard presented the Board with a survey of the lot. Dr. Fox announced that although he pays Mr. Blanchard to plow his driveway, he does not believe that is sufficient reason to recuse himself. Board agreed. Mr. Blanchard explained that last year he sold #3; he lives on lot #1. Site inspection is set for 2/9/04.
III. Public Hearings - Conditional Use Permits
D. NAME: Kathleen Bollman, Dominick Coyne, Michael Phillips/Applicant Robert Coolidge
LOCATION: 11 Sea St, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: Village Commercial
PURPOSE: tree removal
Mr. Coolidge recused himself from the Board because he is agent for these applications.
Mr. Coolidge explained the final building design depends on the sidewalk issue and setback allowances. Mr. Tracy stated no permit is required to remove a tree if it isn't an option - this tree will either be in the building footprint or too close to building.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Jones).
Site Inspection reported by Mr. Clunan. He noted there are additional, larger trees on the lot. Discussion of the right-of-way used by 4 property owners: Alice Carter, Albert Hamor, Heidi Nitze, and Michael Philips et al.
Mr. Tracy reiterated his belief that there is no need for a permit. Mr. Clunan suggested the Board make a finding per LUZO Section 6.5.1 that a permit is not needed. Board agreed. Motion to approve withdrawn by Fox/Jones. Application withdrawn by Mr. Coolidge.
A. NAME: Kathleen Bollman, Dominick Coyne, Michael Phillips/Applicant Robert Coolidge
LOCATION: 11 Sea St, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: Village Commercial
PURPOSE: building height in excess of 40 feet
Board agreed to hear the remaining three Conditional Use Permit applications together; however, each will be voted separately on its own merits.
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. Coolidge provided a plan and explained they would like to measure from the mean slope for the height. Mr. Clunan asked what the elevation of peak of roof is. Mr. Coolidge replied the building is still being designed. Mr. Tracy stated the Board cannot consider the application without a final building design. Board agreed. Mr. Coolidge requested to table this application until the Board's March 8, 2004 meeting.
B. NAME: Kathleen Bollman, Dominick Coyne, Michael Phillips/Applicant Robert Coolidge
LOCATION: 11 Sea St, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: Village Commercial
PURPOSE: multi family dwelling: five apartments
Mr. Coolidge noted there will be 5 apartment units with 5 parking spaces in enclosed garages off the right-of-way. Mr. Clunan asked what proportion of total building floor space is allotted to residential. Mr. Coolidge said that is still being determined, but currently residential space is the 3rd floor and most of the 2nd floor. He noted at least one dwelling unit will be dedicated for year round housing. Mrs. Jones asked if the lower level is underground and Mr. Coolidge replied only partially (southwest corner)
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Fox).
Mr. Jason Lovejoy asked what parking arrangements have been made for additional vehicles. Mr. Coolidge noted the plan is to have one parking space per dwelling unit. He also explained one of the owners, Mr. Phillips, has additional accommodations for his own vehicles. Since one of the apartments will be his, one of the spaces could be freed. CEO suggested that in the future Mr. Phillips or a new building owner might not have additional parking spaces and might have to use what is on these premises. Mr. Coolidge indicated the nearby Town parking lot might be used. Mrs. Beth White spoke to the importance of residents and workers not tying up public parking spaces that should be available for the general public. She questions if 5 parking
spaces would enough for 5 apartments. Ms. Barbara Danielson asked if the Town meeting decision will affect the height which would affect number of apartments and Mr. Coolidge replied no. Mrs. White said the height of the building is a real concern. Chairman Sevigny noted there are concerns about adequate parking. Mrs. White reiterated that many residential people have two cars and there is a real need for parking available to the public using local businesses. Mr. Lovejoy agreed. Mrs. White explained she and her husband have been before the Planning Board for their inn, Maison Suisse and their new building, and each time they were required to have on-site parking. Mr. Albert Hamor reported he has two rental properties nearby and during the last few years the Town parking laws have changed to the point that now some of his tenants have to park on his lawn May - October [referring to Town parking lot restrictions including no overnight
parking and other spaces regulated by time limits] Mr. Lovejoy elaborated on the lack of options for overflow parking. Mr. Tracy said the parking spaces shown do seem inadequate for the number of functions on the lot. He would feel more comfortable if the number of spaces were doubled. Mr. Coolidge explained they tried to avoid that due to the nature of the lot. They are pursuing off-site parking. He asked if 5 more parking spaces would be sufficient. Chairman Sevigny suggested at least 5 more for the dwelling units. Also parking for employees needs to be considered. Mr. Clunan suggested use of the bus system and car pooling. Ms. Theresa Clark owner of Docksider Restaurant located across the street, said her employees have been told they cannot use the nearby town parking lot. Her employees are encouraged to find options. Mr. Coolidge asked for a definition of the number of spaces. Chairman Sevigny said 5
extra for the residential units plus consideration of number of employees in the building at any one time. Mr. Tracy noted that the permitting includes potential future uses and Board cannot consider only current proposed uses. Mr. Zirnkilton recalled how Linda Jonas had a lease in place for additional parking when she came to the Board for a similar permit. Mr. Lovejoy made the point again about employees using parking spaces meant for business patrons. Ms. Clark reminded all about parking problems in front of Full Belli Deli. Mr. Tracy suggested the applicant provide several parking scenarios for fall back positions. Dr. Fox remarked that it is not unreasonable to require off-site parking. Chairman Sevigny stated each application must be considered on a case-by-case basis and on its own merits. Board and Mr. Coolidge agreed to table this application until February 23, 2004.
C. NAME: Kathleen Bollman, Dominick Coyne, Michael Phillips/Applicant Robert Coolidge
LOCATION: 11 Sea St, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: Village Commercial
PURPOSE: restaurant
Mr. Coolidge reported the maximum seating is 32; and the purpose is more of a retail food shop with seating, much like the old Provisions store on Main Street, Northeast Harbor. Dr. Fox has less concerns about availability for patron parking since there would not be as much of a time constraint; however, employees are another situation. Mr. Coolidge reminded the Board about recent permits granted for two eating establishments very nearby. Chairman Sevigny questioned that 32 seats would be available. Mr. Coolidge replied that it depends on the final design of the building - probably won't have more than 20 seats. Mrs. White remarked that more restaurants in Town is a good thing; however, she has strong feelings about out-door dining. Downtown Northeast Harbor is a mix of residential and
commercial and she is concerned about the noises generally associated with out-door dining. She was told, at the time of her permit for Maison Suisse, she could not have anything that would disturb outside of the Inn. She also expressed concerns on behalf of several residential property owners within the area (she explained that she and many others did not receive notification). Chairman Sevigny suggested those concerned and unable to attend meetings, write letters - the Board always encourages input. He also explained that often conditions are applied to permits, if a case can be made. Mr. Coolidge stated that one of the owner's apartments will be right above the out-door dining area; therefore, he doesn't see late night noise as a problem. Mrs. White stressed the quietness in Town at night and how easily it is disturbed. Chairman Sevigny noted that the LUZO allows the Board to revisit a permit if violations take place; and the permit can
be revoked. Mrs. Jones addressed the issue of people not hearing about Conditional Use Permit applications and reminded us ways of finding out: ads in The Bar Harbor Times and through the Town website. Mr. Coolidge suggested no outside dining after 9:00 p.m. Discussion continued with the conclusion of tabling this application until February 23, 2004.
IV. Unfinished Business
A. Public Hearing - Subdivision Application
SUBDIVISION NAME - 11 Sea Street Subdivision
OWNER/APPLICANT - Kathleen K. Bollman, Dominick Coyne and Michael Phillips
REPRESENTATIVE - Robert Coolidge
TAX MAP 24 LOT 101 ZONE Village Commercial
PURPOSE - Building subdivision with 5 dwelling units, 1 office, and 3 commercial units
Mr. Coolidge explained that the lower level will house two commercial units and the main level will be the food to-go shop. Mr. Coolidge presented a letter from Public Works Director Tony Smith.
In trying to determine which Board members are eligible to vote on this application, it appears that Mr. Tracy, Dr. Fox, and Mr. Zirnkilton would be qualified. However, it was questioned as to what level other members could/should participate. Mr. Zirnkilton referred to the Planning Board Manual produced by Maine Municipal Association and its view on "participation by members who miss meetings". Board will review. Mr. Clunan asked, if all Conditional Use Permit applications have been postponed, how Board can proceed with the Subdivision Application. CEO questioned how Board can proceed without a detailed plan. Mr. Tracy noted in other meetings Board has used permission from applicant for Board members, who have missed pertinent meetings, to participate. Mr. Coolidge agreed.
Chairman Sevigny said he is willing to participate only in discussion, until word from MMA legal services (Chairman Sevigny later decided, after reviewing the Planning Board Manual produced by Maine Municipal Association, that some members who had missed meetings could participate). Mr. Tracy stated the application is woefully deficient in information and suggested Mr. Coolidge review similar building subdivisions, such as Popplestone. Dr. Fox agreed. Mr. Coolidge requested Board review Section 5 of the Subdivision Ordinance and LUZO Section 6 to help him assess what more information is needed.
Board proceeded to review (remarks are in italics):
Subdivision Ordinance Section 5. GENERAL REQUIREMENTS
5.1 Buffer Strip.
Buffers shall be considered in or for the following areas and purposes among others:
1. Along property lines, to shield various uses from each other;
2. Along interior roads running parallel to roads exterior to the site, to prevent confusion, particularly at night;
3. Outside storage
4. To block prevailing wind patterns and to stop wind borne debris from leaving the site.
Driveway accesses shall be designed so as to minimize the visual interruption of the buffer areas.
Not Applicable
5.2 Conformance with other Laws, Regulations
Not Applicable
5.3 Construction Prohibited
Plans for road construction, grading and ditching shall be reviewed by the Board.
Mr. Coolidge explained no work has been done yet; however they hope to start excavation during winter.
5.4 Ditches, Catch
Any culverts shall be at least 15" in diameter. Adequate drainage shall be provided so as to reduce the danger of flooding and erosion.
There is a 24" storm sewer drain down the center of Sea St. Mr. Coolidge referred to a catch basin.
5.5 Easements The Board may require easements for sewerage, drainage, utilities, or public access.
Needs to be addressed.
5.6 Dedication for Year round housing
Reserved
5.7 Lots and Density
5.7.1 The lot size, width, depth, frontage, shape and orientation and the minimum setback lines shall be in accordance with the Land Use Zoning Ordinance.
5.7.2 Where individual, on site sewage disposal systems are to be utilized, the size of each lot shall be based on soil characteristics, and shall, as a minimum, conform to M.R.S.A. Title 12, Section 4807 A as amended.
5.7.3 The Planning Board shall determine if a division of land will be reviewed as a PUD or conventional subdivision.
In order to conform to Section V of the Comprehensive Plan, special consideration shall be given to the preservation of open space and the character of the community in which the development is proposed.
1. Land Subdivisions:
Density requirements shall be in accordance with Land Use Zoning Ordinance, Section 3.5. Dimensional requirements remain as stated in the Land Use Zoning Ordinance, Section 3.6.
2. Non land subdivisions (multiple units within a single structure): Overall net density shall not exceed two dwelling units per minimum lot size in the district.
In his quest to find information regarding Board participation if meetings missed, CEO found a letter from MMA Legal dated 5/29/03 concerning this section of the Subdivision Ordinance. The legal opinion indicates that only two dwelling units would be allowed with this application.
Board agreed at this point to cease review and suggested Mr. Coolidge meet with CEO.
MOVED AND SECONDED (Tracy/Zirnkilton) TO TABLE THIS SUBDIVISION APPLICATION HEARING ALONG WITH THE THREE PREVIOUS CONDITIONAL USE PERMIT APPLICATIONS UNTIL MARCH 8, 2004. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0
V. New Business
B. Ordinance changes, discussion
Discussion postponed.
C. Board Membership, terms expiring March 31, 2004
Discussion postponed.
VI. Meeting adjourned at 8:26 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 9, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
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