PLANNING BOARD MINUTES--MAY 24, 2004
APPROVED JUNE 14, 2004
Board Members Present Public Present
Marc Sevigny, Chairman Nelson Goodwin
James Clunan, Vice Chairman Leslie A. Thomas
Heather Jones, Secretary Joan Jones
Robert Coolidge Clayton Jones
Joseph Tracy David Blanchard
Samuel M. Fox III, alt Matthew Morehouse
Deborah Morehouse
Tim Crowley
Edie Dunham
Douglas Hopkins
Douglas B. Chapman
Jane Lee Vris
Katharine Endicott
Brent Hamor, CEO; Barbara Williams, Assistant; Ellen Kappes, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the May 10, 2004 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits (CUP)
A.~~~~Public Hearings - Conditional Use Permits
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~~~~A. ~Tabled from April 26, 2004
~~~~~~~~NAME: ~Edith Dunham Crowley
~~~~~~~~LOCATION: ~Lower Dunbar Rd, Seal Harbor
~~~~~~~~TAX MAP: ~31 ~~~~LOT: ~99 ~~~~ZONE: ~Village Residential 1
~~~~~~~~PURPOSE: ~Animal husbandry, keep up to 8 hens
Mrs. Jones confirmed the notice was published in the Bar Harbor Times. No conflict of interest was reported. The regular members present plus Dr. Fox, alternate, were the voting members for this hearing.
Mr. Clunan reported on the Site Inspection. He said the lot has no building on it. It extends between Upper and Lower Dunbar Roads. The ground is relatively flat. Mr. Coolidge said a neighbor was concerned about roosters.
Ms. Dunham said the land has been a garden. They have 5 chickens where they live now in Seal Harbor and want permission to take them to that fenced in garden during the spring and the fall to work the soil and eat the grass. They also want permission to build a temporary coop for them at night. They will have no roosters.
Mr. Sevigny read an April 23, 2004 letter of opposition from Judith E. Harvel who owns and lives at 19 Dunbar Road during the summer. Concerned about noise and smell, she wrote chickens do not belong in a residential area. Ms. Dunham said other neighbors do not object. She has spoken to Ms. Harvel who grew up next to a chicken farm. Mr. Crowley said her house will be 60 to 100 feet from the coop depending on where they put it. Mrs. Jones noted that for the most part the chickens will not be in the garden during the summer time. Dr. Fox noted that animal husbandry is permitted in the LUZO with a CUP when it is recreational, not commercial, and that his understanding was that eggs would not be sold. Ms. Dunham said a neighbor down the road has chickens. Water is already there for the garden. She
confirmed they would not be selling eggs.
The Standards of Section 6. of the LUZO, as amended March 2, 2004 were reviewed and found to be in conformance, as noted on the application.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Fox).
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
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~B.~~~~~NAME: ~Clayton Jones
~~~~~~~~LOCATION: ~920 Indian Point Rd, Mount Desert
~~~~~~~~TAX MAP: ~11~~~LOT: ~102~~~~~~ZONE: ~R2
~~~~~~~~PURPOSE: ~Animal husbandry, chicken coop with 6 hens
~~~~~~~~SITE INSPECTION: ~4:50 p.m.
Mrs. Jones confirmed the notice was published in the Bar Harbor Times. No conflict of interest was reported. *The regular members present plus Dr. Fox, alternate, were the voting members for this hearing.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Clunan).
Site Inspection reported by Mr. Coolidge. There are no neighbors close to where the coop will be located. The nearest house is on the non-coop side of the Jones’ house. At Mr. Sevigny’s suggestion, Mr. Jones changed the number of hens on the application from 6 to 15 so that he would not have to come back if he wanted to add more. Mr. Jones said they want to raise chickens for the good eggs. They already have water and horses.
The Standards of Section 6. of the LUZO, as amended March 2, 2004, 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: ~Katharine Endicott
~~~~~~~~LOCATION: ~62 Bartlett Landing Rd, Mount Desert
~~~~~~~~TAX MAP: ~11~~~LOT: ~16~~~~~~~ZONE: ~SR3
~~~~~~~~PURPOSE: ~Animal husbandry, chicken coop with hens, summer months only
~~~~~~~~SITE INSPECTION: ~4:30 p.m.
The Site Inspection was reported by Dr. Fox who said off the entry road to the property, there are four stakes with surveyors’ tape indicating the approximate location of the coop which was well removed from the Endicott’s residence. He understood the nearest residence to the southeast is well over 100 yards and to the west was at least 90 and over a hill. There was clearly no problem with any noise disturbance. Ms. Endicott added that it is a pretty isolated location.
No conflict of interest was reported. The regular members present plus Dr. Fox, alternate, were the voting members for this hearing.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Tracy).
Mr. Tracy noted that plans were not given with this and similar applications for conditional use permits. Applications for them request planned drawings of the proposed structure. He said people who visit the site know what is happening but he believed it is important for the Board’s and the applicants’ protection to provide some kind of map to show where a structure is going. He strongly recommended that the Board follow those CUP guidelines. Mr. Sevigny agreed. They both thought the request did not need to apply to this particular application. Mr. Hamor said the set backs were given on the building permit. He said that he and Mrs. Nolan changed the new application forms that week to allow space for plans.
Mrs. Jones said the number of chickens was not given. Ms. Endicott said they plan to have 13 chickens. Mrs. Jones wrote the number on the application and Ms. Endicott initialed the amendment.
The Standards of Section 6. of the LUZO, as amended March 2, 2004, were reviewed and found to be in conformance, as noted on the application.
At Mr. Sevigny suggestion, the request ”for summer only” was crossed off and initialed by Ms. Endicott.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
D.~~~~~NAME: ~Matthew Morehouse
~~~~~~~~LOCATION: ~92 Beech Hill Crossroad, Mount Desert
~~~~~~~~TAX MAP: ~~9~~~LOT: ~93-1~~~~~ZONE: ~R1
~~~~~~~~PURPOSE: ~Expand CUP #00-29 to remove self-imposed restriction limiting number of ~~~~~vehicles permitted at site.
~~~~~~~~SITE INSPECTION: ~5:20 p.m.
Mr. Sevigny said he did not remember that the restriction was self-imposed. Mr. Clunan recalled that it was a condition when the application was approved in 2000.
It was confirmed the notice was published in the Bar Harbor Times. Mrs. Jones said she is the neighbor across the street but there is no conflict of interest. No conflict of interest was reported. The regular members present plus Robert Coolidge, alternate were the voting members for this hearing.
Mr. Sevigny noted there were two applications and suggested the Board hear both concurrently.
E.~~~~~NAME: ~Matthew Morehouse
~~~~~~~~LOCATION: ~92 Beech Hill Crossroad, Mount Desert
~~~~~~~~TAX MAP: ~~9~~~LOT: ~93-1~~~~~ZONE: ~R1
~~~~~~~~PURPOSE: ~Expand CUP #00-28 to remove self-imposed restriction limiting number of ~~~~~vehicles permitted at site; to permit 2 employees at site; and to request signage up to 8 ~~~~~square feet
~~~~~SITE INSPECTION: ~5:20 p.m.
~
Mr. Morehouse said the application was initiated through their application for a building permit for a hoop house structure. It was questioned whether or not that would fall under an expansion of the existing CUP. They wanted to clarify the issue. The self-imposed limitation was suggested by him as a good will gesture and was accepted by the Board as a condition of the 2000 permit. As part of the clarification process, they were asking to remove it in the event that they would ever need to exceed that limitation for an open house or some sort of meeting. Mrs. Morehouse said the limitation was not in their self interest. Mr. Tracy said it sounded like they were asking for something without any defined limits. He wanted to know specifically what they were asking for with a list and a detailed drawing. Mrs.
Morehouse said it would include the entire property within the Town setbacks.
Mr. Clunan said the sketch did not look like what he thought with regard to the parking. There is a circular turning place down behind the house.
Mr. Clunan reported on the Site Inspection and described the property which slopes down from the road. Between the house and the road on the left is a space cleared for parking and a shed. Trees border the east and south sides of the property. There is a vernal stream.
Mr. Morehouse said part of their problem is that because of the nature of their business, they constantly need to adapt. They want to eliminate coming before the Board every time they want to alter their business plan.
Ms. Vris, a neighbor, said what they had been doing had had a low-impact.
Mrs. Morehouse wanted the ability to have people stop and purchase plants on site. Their existing CUP allows this. Ms. Vris wondered how this would impact the neighborhood and noted other businesses nearby including Beech Hill Farm. There were not a lot of non-grandfathered signs. She thought plant sales were consistent with the residential neighborhood as long as there wasn’t too much traffic and there was enough screening.
Mrs. Morehouse referred to the definition of horticulture in the LUZO. Having it permitted in a residential area is part of the Town vision. They have been developing their horticulture business for four years.
Mr. Tracy said specificity would protect both them and the Town. He suggested planting along side the road, giving a visual break that would beautify and shield. The hoops would detract from the residential character of the neighborhood. Mr. Clunan asked how much of the hoop would be visible from the road given the sloping nature of the land. Mr. Morehouse said the one there now is 7½ feet at its highest point. Mrs. Morehouse said only about two feet would be visible from the road.
Ms. Williams noted this had turned into a CUP from a CEO permit. Her main concern was the parking. She thought it would be dangerous if parking were on the road. She suggested saying the parking has to be accommodated on the site. The CUP would go with the land if it were sold and a new owner might have a larger retail business. Mrs. Morehouse said they could mark the site plan to show parking on the driveway. Mr. Tracy again suggested screening. Mrs. Morehouse said they are coddling every white pine they find for screening. She thought it would be cost prohibitive for them to plant a different type of screening. They had intended to put up a fence. Screening and the location of the present hoop house were further discussed.
Mr. Hamor asked if the Board could permit the hoop house at this meeting and table the permit for about a month. Mr. Sevigny said he would be willing to allow them to put the hoop house up pending further conversation with Mr. Hamor regarding other house locations and buffering. He said a motion was not needed for the hoop house.
Mr. Tracy wanted a clear, more accurate plan for the record.
MOTION MADE AND SECONDED TO TABLE THE ABOVE APPLICATIONS OF MATTHEW MOREHOUSE TO JUNE 28, 2004. (Coolidge/Tracy)
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
Mr. Tracy asked the Board to also state that the present hoop house covered by the previous applications and did not require further action. Mr. Sevigny said other expansions will be considered at the next meeting.
IV. Unfinished Business
Mrs. Jones said a number of neighbors at the above site inspection were asking questions. The Board discussed limitations on questions at the inspections. Mrs. Jones thought people can ask questions for clarification but the in depth discussions should take place at public hearings. Mr. Tracy thought the questions that could be allowed are those that pertain to the physical site. Mr. Clunan thought that if it was important enough to the neighbors, they would somehow get to the meeting.
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V.~~~~~~New Business
A.~~~~~~Birch Brook Subdivision, Second Revision
TAX MAP 1 LOT 6 – 2, 3, 6, 7, 8, 9, 10
To create and depict Birch Brook Trail, to depict common driveway for Lots 3, 6, & 7, and to convey 23,986 square feet of Lot 10 to abutting landowner Jeffrey S. Kryvicky.
Mr. Chapman reviewed the above plans, showing the location of the trail and the actual driveway as built and the portion to be conveyed to Mr. Kryvicky. Mr. Sevigny confirmed the applicant was asking for approval of the license for the trail, the location of the road as is and the sale of Lot 10.
MOTION MADE AND SECONDED TO APPROVE THE SECOND REVISIONS which included depiction of the common driveway, conveyance of 23,986 square feet to Mr. Kryvicky and providing a license to the VIS for the trail through the subdivision. (Clunan/Coolidge)
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
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Mr. Sevigny read a memo from Mrs. Nolan about approval of the 11 Sea Street Subdivision. Mr. Tracy thought they were not necessarily being asked to approve the design of the building. The Board was concerned with the building’s usage, not its design. Dr. Fox confirmed that they were looking at the square footage relative to the lot size. Mr. Hamor noted that the designation for an apartment for year-round use was still on the approved plan and suggested it be removed before filing. The board discussed how to handle the matter. Mr. Sevigny said to make a note that when future Boards review that subdivision plan for 11 Sea Street, they should consider the entirety of the application which includes the Conditional Use Permits because that’s what this Board did.
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B.~~~~~~Ordinance changes, discussion Deferred
C.~~~~~~Minutes, discussion to decide approval process
Mr. Hamor said Mrs. Nolan had suggested a change in the way minutes are approved and corrected. The Board decided to leave the process as it is for the time being. Mrs. Jones thought it would be a good idea for the Secretary to review and sign the corrected minutes as a final check.
VI. Meeting adjourned at 8:15 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, June 14, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
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