Board Members Present Public Present
Marc Sevigny, Chairman Brian Shaw Carl Kelley
James Clunan, Vice Chairman Dave Irvin
Heather Jones, Secretary Samuel Coplon
Samuel M. Fox III Robert Ho
Robert Coolidge, alt Nancy Ho
Stephen Zirnkilton, alt James Bright
Brent Hamor, CEO; Joelle D. Nolan, Recording Secretary; Bobby Williams, Assistant
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the February 9, 2004 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
Board decided to consider applications A. through D. together, but vote on each separately.
A. NAME: Brian D. Shaw
LOCATION: Vista Way/Ripples Rd, Mount Desert
TAX MAP: 9 LOT: 10-2, 3, & 7 ZONE: RW2
PURPOSE: recreational ramp and dock
SITE INSPECTION: 2:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present and alternate member Mr. Coolidge are the voting members for this hearing.
Site Inspection reported by Mr. Clunan.
Mr. Shaw explained there are a total of 6 lots, of which three are waterfront lots. The three waterfront lots will be high valued and it is doubtful the owners will want to share docks. Privacy would also be an issue. He described the lots as larger than many on Long Pond. Chairman Sevigny expressed concern about the impact of four docks in an area. Mr. Shaw noted he currently plans to keep two lots for himself. He may also use one of his docks for his seaplane. Currently he uses his uncle's dock at Pond's End for his seaplane and there have been some objections. Having his own dock in an area with fewer camps and docks would help prevent the objections.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Coolidge/Clunan).
Mr. Clunan asked Mr. Shaw if he or someone who is an expert has looked at the surrounding soils. Mr. Shaw replied the soils looked good to him; a soil test has been done within 150 feet of the water. Chairman Sevigny asked how the docks will be structured. Mr. Shaw replied that the ramp to the dock will be accessed from the shore, but not anchored to it.
The Standards of Sections 3.4.13 and 6. of the LUZO, as amended March 4, 2003, 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: Brian D. Shaw
LOCATION: Vista Way/Ripples Rd, Mount Desert
TAX MAP: 9 LOT: 10-4 ZONE: SR5
PURPOSE: recreational ramp and dock
SITE INSPECTION: 2:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present and alternate member Mr. Coolidge are the voting members for this hearing.
Site Inspection report (see A. above).
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Cooldige/Clunan).
The Standards of Sections 3.4.13 and 6. of the LUZO, as amended March 4, 2003 were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
C. NAME: Brian D. Shaw
LOCATION: Vista Way/Ripples Rd, Mount Desert
TAX MAP: 9 LOT: 10-5 ZONE: SR5
PURPOSE: recreational ramp and dock
SITE INSPECTION: 2:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present and alternate member Mr. Coolidge are the voting members for this hearing.
Site Inspection report (see A. above). This is the dock that might be used for the seaplane and was so noted on the application and initialed by Mr. Shaw.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Coolidge/Clunan).
The Standards of Sections 3.4.13 and 6. of the LUZO, as amended March 4, 2003, were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
D. NAME: Brian D. Shaw
LOCATION: Vista Way/Ripples Rd, Mount Desert
TAX MAP: 9 LOT: 10-6 ZONE: SR5
PURPOSE: recreational ramp and dock
SITE INSPECTION: 2:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present and alternate member Mr. Coolidge are the voting members for this hearing.
Site Inspection report (see A. above).
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Coolidge/Clunan).
The Standards of Sections 3.4.13 and 6. of the LUZO, as amended March 4, 2003, 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
B. Nancy Ho - owner
Samuel R. Coplon, Douglas Chapman, Eero Hedefine - authorized representatives
Tax Map 8 Lot 39 Zone Residential 1 and Rural Woodland 2
Sound Drive, Northeast Harbor
Land Subdivision approximately 23.43 acres into 8 lots
Issuance of Dated Receipt
Dated Receipt issued and Completeness Review scheduled for March 8, 2004.
III. Public Hearings - Conditional Use Permits, continued
E. NAME: Patricia Baldwin/Samuel Coplon
LOCATION: 3 Asticou Way
TAX MAP: 5 LOT: 6 ZONE: VR2
PURPOSE: fence over 6 feet high
SITE INSPECTION: 3:30 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported; however, Mr. Coolidge recused himself because he is a neighbor. The regular members present and alternate member Mr. Zirnkilton are the voting members for this hearing.
Site Inspection reported by Mrs. Jones. Mr. Coplon explained the primary purpose is to protect bedroom windows from exposure to car lights. Fence structure is the same on both sides (no "bad" side). Unlikely fence will be visible from road (Peabody Drive) and will not obstruct any scenic views.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Jones/Clunan).
The Standards of Section 6. of the LUZO, as amended March 4, 2003, were reviewed and found to be in conformance, as noted on the application. Board also considered Section 3.4.7 and found the application in compliance.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
F. Board decided to table this application until March 8, 2004 because there was no representative at the site inspection nor at the public hearing. Board also requested more
information: at a minimum a plan showing the site and culverts, and the amount of fill. Board requested CEO contact Mr. Katz.
NAME: Jack Katz-owner/Jeff Katz-applicant
LOCATION: Otter Creek Dr, Otter Creek
TAX MAP: 33 LOT: 44 ZONE: VR1
PURPOSE: fill in excess of 50 yards on slopes greater than 4:1
SITE INSPECTION: 3:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
IV. Unfinished Business, continued
A. Richard Davis Irvin/Ober Mill Subdivision II
Tax Map 12 Lot 13 Zone Rural Woodland 2 & Rural Woodland 3
Located between Indian Point Road and westerly end of Woods Road
Land Subdivision approximately 50 acres divided into 9 lots
Completeness Review of Subdivision application.
Dr. Fox recused himself because his daughter owns property abutting Mr. Irvin's.
The regular members present, excluding Dr. Fox, and alternate member Mr. Coolidge are the voting members.
SUBDIVISION REVIEW FORM: Board comments, if any, are in italics; otherwise these sections of the application were found to be in conformance.
4.2.1 Information on the Applicant
1. Name of Owner
2. Name of Applicant (if other than owner)
3. If Applicant is a corporation, state whether the corporation is licensed to do business in Maine, and attach copy of Secretary of State's Registration.
4. Name of Applicant's authorized representative and authorization.
5. Name, address, and number of Registered Professional Engineer, Land Surveyor, or Planner.
6. Address to which all correspondence from the Board should be sent.
7. What interest does the Applicant have in the parcel to be subdivided (option, land purchase contract, record ownership, etc.)?
8. What interest does the applicant have in any property abutting parcel to be subdivided?
9. State whether preliminary plat plan covers entire, contiguous holdings of owner.
4.2.2 Information on Parcel to be Subdivided
1. Location of property: Map and Lot (from Town Tax Maps.)
2. Survey maps of tract to be subdivided, as well as contiguous property of the owner of the tract, certified by a Registered Land Surveyor, tied to established reference points (attach to application).
3. Current zoning district(s) of property.
4. Acreage of parcel to be subdivided. Remaining lands of owner are considered a lot by State definition, but owner does not want his remaining lands considered a part of this subdivision. CEO will request opinion from MMA Legal Services: do remaining lands have to be included as a lot in this subdivision?
5. An SSWD, by a licensed soil engineer identifying soil types and a map showing the location of soil test areas, unless the parcel will utilize public sewer. There shall be at least one satisfactory soil test per lot.
6. Names of property owners within 1,000 feet from the parcel to be subdivided, and on opposite side of any road from parcel to be subdivided (show on Plat).
7. Any restrictive covenants to be placed on the deeds.
8. Proposed soil erosion and sedimentation control. DEP permit will be available for public hearing.
9. Water supply.
4.2.3 Information on Subdivision
1. Proposed name of subdivision
2. Number of lots
3. Date, north point, graphic map scale (show on Plat).
4. Proposed lot lines with approximate dimensions and suggested location where known of buildings, subsurface sewage disposal systems, and wells (show on Plat).
5. Location of temporary markers so located as to enable the Board readily to locate lots and appraise basic lots layout in the field (show on Plat)
6. Location of all parcels to be dedicated to public use, the conditions of such dedication, as well as the location of all natural features of site elements to be
preserved (show on Plat).
7. A location map, consisting of a USGS Topographical Map, showing the relation of the proposed subdivision to adjacent properties and to the general surrounding area. The location map shall show all the area within 2000 feet of any property line of the proposed subdivision and shall be attached to application.
8. Location and size of existing buildings and other essential existing physical features (show on Plat).
9. Location of all wetlands, regardless of size, all water bodies and areas within the State Shoreland Zone (show on Plat).
10. Location of all drains which shall provide adequate storm water management.
11. Location and size of any existing and proposed sewers and water mains, and culverts and drains.
12. Location, names, and widths of existing and proposed streets, highways, easements, building lines, parks, and other open spaces (shown on Plat).
13. Names of abutters (show on Plat). Names of abutting lots 10, 7, 4 to be provided.
14. If the subdivision, or any part of it, is in such an area the subdivider will determine the 100-year flood elevation and flood hazard boundaries within the subdivision.
15. Other information not indicated above, as specified by the Board.
Mr. Irvin asked if at the ends of the two roads a hammer-head design could be used rather than a cul-de-sac. He also requested that on the plat the road detail be shown as an angle point; the radius of the circle is slight. Board requested dimensions and letters of approval from Public Works Director and Fire Chief. Board concluded it has the right to waive referring to Subdivision Section 6.
Public Hearing date March 22, 2004.
V. New Business
A. Ordinance changes, discussion
Cul-de-sac versus hammer-head
Subdivision Section 4.7 moved forward
Fences and fire department approval (ZBOA letter 11-21-2003)
B. Board membership, expiring terms, discussion
Dr. Fox requested that he become an alternate and proposed that Mr. Coolidge become a regular member. However, Mr. Coolidge said he may be moving away in December 2004 and will no longer be a resident. Mr. Zirnkilton said he would accept being a regular member to allow Mr. Coolidge to continue as an alternate member. Board considered Lisa Renault as an alternate member in December. It is believed that Mr. Tracy will continue as a regular member.
C. Discussion of proposed ordinance changes for Annual Town Meeting and readiness of Board to address. Chairman Sevigny said he has asked Mr. Suminsby
and Mrs. Williams to speak. Mrs. Williams said several members of ORC will also be present.
D. CEO presented a CUP application he has received for a ramp, float, and pier located at Somes Sound. He asked the Board if it considered the application "complete". Board suggested that a more detailed plan is needed.
VI. Meeting adjourned at 8:32 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, March 8, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
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