Board Members Present Public Present
Marc Sevigny, Chairman Miriam Pyle Jackie Davidson
James Clunan, Vice Chairman Doug Chapman
Samuel M. Fox III James Bright Chadd Blanchard
Joseph Tracy Eero Hedfine Samuel Coplon
Campbell Cary Ruth Cary
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 March 22, 2004 meeting were unanimously approved as amended.
III. Public Hearings
Subdivision Application
A. 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
Mr. Coplon reviewed changes made to the application and plans as noted during the completeness review: Lot corrected to 39; property is noted as Zone X outside the 500 flood plain on the Flood Insurance Rate Maps; the plans now show the following waivers: to allow a minimum of 16 foot pavement width with 3 foot shoulders, 3 foot shoulder width is waived for the bridge, and the minimum 10 foot right of way radii at intersections is waived. Board reviewed the revised plans. Mr. Clunan asked how noisy the bridge is. Mr. Hedefine replied that although it is a steel bridge, the surface is asphalt and not noisy. Mr. Clunan asked about wetland permits. Permits have been obtained from DEP and Army Corp of Engineers regarding wetlands. Mr. Hedefine reviewed the applications for
wetlands alterations and stormwater management. Minimal impact on wetlands has been used. Mr. Tracy asked about the setback requirements pertaining to the bridge. Is bridge a structure? If so, it must meet setback requirements. While CEO gathered information regarding the bridge as a structure, Mr. Bright read letters from abutters Tracy Aberman and John Thomas. CEO determined that the bridge appears to be in Zone Residential 1 which has a 15 foot setback; the bridge is setback 15 feet from the corner point of the property line. Mr. Campbell Cary read his letter to the Board and presented pictures to support his information. When asked why SW Valley Road isn't being used, the reply from Mr. Chapman was that attempts were made but there is not enough room nor adequate rights. Mr. Bright spoke for Mr. Thomas regarding an appropriate buffer setback from the new road along his (Mr. Thomas) property line. Then, for Ms. Aberman,
he referred to Subdivision Section 5.11 Wells and noted the Board may require a test well. Chairman Sevigny referred to previous testimony from hydrologists in which it was determined that even test wells cannot guarantee availability of adequate potable water in a given area. Mr. Bright also expressed concerns that the Board is not requiring a landscape plan or dedicated open space per Subdivision Ordinance Section 5.10. He has noted topping of trees and trees marked for cutting. He described some of the lots as having great area not developable/buildable due to steepness of the land. Board discussed Mr. Brights concerns and agreed that it has yet to require a landscape plan on any subdivision application presented. Mr. Lichtenstein spoke to his support of the looks of the neighborhood, including this new subdivision, mentioning Stanley Mountain Road development. He did express concerns about the speed limit on Sound Drive (would like to
see it lowered to 35 mph). And he would like to see one of the lots designated for affordable housing.
Subdivision Ordinance, as amended through March 4, 2003, SECTION 5 GENERAL REQUIREMENTS
5.1 Buffer Strips. Owner willing to provide necessary buffering, in particular, screening the Cary house; Board finds the application is in compliance.
5.2 Conformance with other Laws and Regulations. Approval is pending receipt of the permits for the construction of the road, as described on the application.
5.3 Construction Prohibited. Board finds the application is in compliance.
5.4 Ditches, Catch Basins. Board finds the application is in compliance.
5.5 Easements. Board finds the application is in compliance.
5.6 Dedication for Year-round Housing. Board finds the application is in compliance.
5.7 Lots and Density. Board finds the application is in compliance.
5.7.3 Board determined this is not a PUD.
5.8.1 Board finds the application is in compliance.
5.8.2 Board finds the application is in compliance.
5.9 Land not Suitable for Development Board finds application is in compliance.
5.10.1, 2 Board finds the application is in compliance.
5.11.1, 2 Board finds the application is in compliance.
5.12 Performance Bond. Board finds not required.
5.13 Plan Revisions after Approval. Not applicable.
5.14 Street Design and Construction. Board finds applicant has provided adequate information regarding the road therefore finds the application is in compliance. Board grants waiver requested to reduce road width to 16 feet.
Land Use Zoning Ordinance, as amended through March 4, 2003, STANDARDS OF SECTION 6.:
6.1 EXPERT TESTIMONY The Board finds developers representatives in compliance
6.2 LAND SUITABILITY The Board finds the application is in compliance
6.3 SANITARY STANDARDS The Board finds not applicable
6.4 EROSION CONTROL The Board finds the application is in compliance, Best Management Practices to be used and shown on the plans.
6.5 VEGETATION The Board finds [as few trees taken out as possible, says Mr. Coplon] application is in compliance.
6.6 COMPATIBILITY The Board finds the application is in compliance.
6.7 IMPACT ON TOWN SERVICES The Board finds the application is in compliance.
6.8 HIGHWAY SAFETY The Board finds, pending MeDOT approval, the application is in compliance.
6.9 PRESERVING TOWN'S CHARACTER The Board finds the application is in compliance.
6.10 NUISANCES The Board finds the application is in compliance.
Mr. Bright re-stated his disagreement with the Boards decision on the buffer strip along the road.
MOTION MADE AND SECONDED TO APPROVE THE SUBDIVISION APPLICATION AS PRESENTED. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 4-0.
Conditional Use Permit Application
A. Nancy Ho - owner
Samuel R. Coplon - applicant
Map 8 Lot 39 Zone Residential 1 and Rural Woodland 2
Sound Drive, Northeast Harbor
To construct a bridge having a span of approximately 25 feet.
It was confirmed the notice was published in the Bar Harbor Times.
Application tabled until April 26, 2004, pending notification of abutters.
IV. Unfinished Business
A. Subdivision Application
OWNER/APPLICANT: Chadd Blanchard
LOCATION: 9 Blanchard Road, Mount Desert
TAX MAP: 9 LOT: 11 ZONE: Village Residential 1
PURPOSE: 3 lot land subdivision
Completeness Review
Subdivision Application Completeness Review
Town of Mount Desert Subdivision Ordinance, as Amended through March 2, 2004
4.2.1. - 9 Information on the Applicant
4.2.21. - 9 Information on Parcel to be Subdivided
4.2.3.1. - 15 Information on Subdivision
Board reviewed the application against the prior standards and found the application to be complete, except that the USGS and soil test pits need to be shown on plat.
V. New Business
A. Subdivision Sketch Plan
Otter Creek Properties/Evan Contrakes
Applicant Jeff Katz
Tax Map 33 Lot 13 Zone VR1
Building subdivision - 3 dwelling units
Sketch Plan Review
Mr. Katz presented Board with sketch plans showing the first floor, second floor, and setbacks. He reminded the Board that this plan was before them a few months ago; however the owner chose to wait for approval until after the March 2004 Annual Town Meeting to see if proposed ordinance changes passed. Also, the CEO asked for clarification of where multi-family dwellings can be placed (density and lot size). It was determined that the pre-application phase is complete (site inspection has been done). Mr. Katz reported the building is framed, roof to go on this week, and should be complete in another few months. It is being built as triplex, but a wall can be removed to make it a duplex. Board discussed how this applies to cluster subdivision/workforce housing. CEO, Ms. Williams, and
Chairman Sevigny will figure out how the ordinance applies.
B. Mount Desert Nursing Association
Request for directional sign
Diane McMullan and Jackie Davidson from the Mount Desert Nursing Association presented the Board with a letter and signage from Healthy Maine Walks. The Association is participating in the walking program and has registered a walking route. Although the route is available to the public on the Healthy Maine Walks website, Ms. McMullan would like to post 7 route markers to designate the walk. CEO pointed out the Board is reviewing this request under Land Use Zoning Ordinance Section 8.4.5.
Dr. Fox said he was not opposed. Mr. Tracy said he sees the signs as clutter and not aesthetically acceptable. Chairman Sevigny asked Ms. McMullan if she has explored other means of identifying the route. Ms. McMullan explained this is a unique, measured, year round, stable (walker, wheelchair) walk and is accessible by a broad group of people. Mr. Clunan sees the route as uncomplicated and expressed concerns of a proliferation of signage. It was suggested the Association display a sign only on Association property. Ms. McMullan explained that this necessitated having the Association approve spending the money to develop a sign. After several minutes of discussion, and apparent unfavorable decision by the Board, Chairman Sevigny explained LUZO Section 8.4.5 and suggested that even
if the Planning Board made a negative recommendation, Ms. McMullan could approach the Board of Selectmen for approval. Ms. McMullan and Ms. Davidson thanked the Board for its time and stated they would not go before the Board of Selectmen.
C. Ordinance changes, discussion
None presented
VI. Meeting adjourned at 8:45 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 26, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
| 
