TOWN OF MOUNT DESERT PLANNING BOARD MINUTES MAY 10, 2004
APPROVED MAY 24, 2004
Board Members Present Public Present
Marc Sevigny, Chairman Chadd E. Blanchard
Heather Jones, Secretary Michael Phillips
Robert Coolidge Sam Woodward
Joseph Tracy
Samuel M. Fox III, alt
Stephen Zirnkilton, alt (arrived at 6:45)
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 April 26, 2004 meeting were unanimously approved as circulated.
III. Public Hearings
Subdivision Applications
A.~~~~~~OWNER/APPLICANT: ~Chadd Blanchard
LOCATION: ~9 Blanchard Road, Mount Desert
TAX MAP: ~9 ~~LOT: ~~11 ~~ZONE: ~Village Residential 1
PURPOSE: ~3 lot land subdivision
SITE INSPECTION: ~5:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
*Site Inspection reported by Heather Jones. Two neighbors, Millie Johnson and Glenna and Bill Davis were there. Ms Johnson was concerned that one acre lots were too small from an environmental stand point. Mrs. Jones said she told her that was the zoning for the area and to get in touch with the Town if she wants to serve on the Town Comprehensive Plan Committee.
The Board reviewed the plat plan with Mr. Blanchard.
The Standards of Section 5 of the LUZO, as amended March 2, 2004 were reviewed.
5.1 Buffer The Board finds the application is in compliance
5.2 Conformance with other Laws The Board finds the application is in compliance
5.3 Construction The Board finds the application is in compliance
5.4 Ditches, Catch Basins The Board finds the application is in compliance
5.5 Easements The Board finds the application is in compliance
5.6 Dedication for Year_round housing not applicable
5.7 Lots and Density not applicable
5.8 Sewage Disposal The Board finds the application is in compliance
5.8.2 Private subsurface sewage disposal is to be utilized. The subdivider must conform to all State of Maine Plumbing Code and LUZO requirements.
5.9 Land not Suitable for Development The Board finds the application is in compliance
5.10 Open Space Provisions not applicable
5.11 Wells The Board finds the application is in compliance
5.12 Performance Bond not applicable
5.13 Plan Revisions After Approval The Board finds the application is in compliance. Mr. Sevigny reminded the applicant that any revisions would have to come before the Board.
5.14 Street Design and Construction The Board finds the application is in compliance.
5.15 Access to Direct Sunlight The Board finds the application is in compliance.
5.16 Cluster Subdivision Development not applicable
The Standards of Section 6. of the LUZO, as amended March 2, 2004 were reviewed. Mr. Sevigny suggested figuring out a way just for the applications to make the ordinance list a little simpler so that it will be easier to read. It is a little cumbersome now.
6.1 EXPERT TESTIMONY The Board finds the application is in compliance.
6.2 LAND SUITABILITY The Board finds the application is in compliance.
6.3 SANITARY STANDARDS not applicable
6.4 EROSION CONTROL not applicable
6.5 VEGETATION not applicable
6.6 COMPATIBILITY not applicable
6.7 IMPACT ON TOWN SERVICES not applicable
6.8 HIGHWAY SAFETY not appliable
6.9 PRESERVING TOWN’S CHARACTER The Board finds the application is in compliance.
6.10 NUISANCES not applicable
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Coolidge/Jones)
Ms. Jones said one of the abutters shown on the plat has changed. The property is now owned by Shaw instead of Farnum. The Board decided the plat did not need changing because the application had gone through until this date with Farnum in the Town records.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
B.~~~~~~Tabled from March 22, 2004
SUBDIVISION NAME: ~Ober Mill Subdivision II
OWNER-APPLICANT: ~Richard Davis Irvin
LOCATION: ~Tax Map 12 ~Lot 13 (between Indian Point Road and westerly end of Woods Road, Mount Desert)
ZONE: ~Rural Woodland 2 & Rural Woodland 3
PURPOSE: ~Land Subdivision 49.5 acres divided into 9 lots
At the applicant’s request because he does not have all the necessary permits, the Board tabled this item. The hearing was postponed to June 14, 2004. The Board decided it did not have to advertise the hearing again. The new date will be mentioned in the minutes.
Conditional Use Permit Application Tabled from April 26, 2004
A.~~~~~~NAME: ~Jack Katz
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
At the applicant’s request, the Board tabled discussion of this application and postponed the hearing to June 14, 2004.
Subdivision Application
C.~~~~~~Tabled from April 26, 2004
SUBDIVISION NAME – 11 Sea Street Subdivision
OWNER/APPLICANT – Kathleen K. Bollman, Dominick Coyne and Michael Phillips
Representative – Robert Coolidge
Map ~24 ~~~~Lot ~101 ~~~~ZONE ~Village Commercial
PURPOSE – Building subdivision
Conditional Use Permit Applications
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: ~building height in excess of 40 feet
~
This application was withdrawn because the height has been limited to 40 feet.
~~~~~~~
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: ~dwelling units in a commercial zone
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: ~restaurant
Mr. Coolidge recused himself from all the 11 Sea Street hearings.
Mr. Sevigny decided to discuss CUP applications C & D together.
Mr. Sevigny read into the record a letter received from Barbara Danielson (owner of a house across the street from the proposed building) regarding the applications. Mrs. Jones said notices were sent on January 9, 2004. Mr. Hamor said he had never received a phone call from her and that the hearing was advertised twice. Mr. Sevigny noted the letter contained a lot of misinformation.
Mr. Phillips said they have obtained a lease for 10 off site parking spaces from Dana Haynes on Sylvan Road for staff. It is a 3 year lease with a 3 year option to renew. He said they would always maintain the parking relationship.
Mr. Sevigny noted that the Board has received a letter from the Maine Municipal Association. But that the response did not clarify any of the issues it was asked to clarify. It does state the Board should require more off street parking which has been addressed.
Mr. Hamor said he had received a phone call from Harry Madeira that day asking the Board to to be sure there is sufficient parking because another restaurant is going in nearby and because the Docksider needs parking. Mr. Tracy thought that Mr. Madeira may not be eligible to serve on the Zoning Board of Appeals if and when this application should go to appeal because of his strong views.
Mr. Sevigny noted the Board has received two other letters: one dated May 5, 2004 from Police Chief Willis indicating the proposal will not cause unreasonable congestion or a burden on traffic and one dated January 28, 2004 from Public Works Director Smith indicating the proposal will not unduly burden the Town’s storm control system.
Mr. Sevigny asked if the notice was published in the Bar Harbor Times. (Brent later confirmed that it was.)
(Mr. Zirnkilton joined the meeting.)
The lease from Dana Haynes was added to the record.
The Board reviewed new drawings showing all 4 elevations of the proposal and the plat plan. Five parking spaces will be maintained on site. Mr. Tracy suggested that the 10 leased parking spaces be made a condition of the application. Mr. Phillips wondered if it could be part of his annual business license.
The Board discussed at length when the restaurant would stop serving and how late people could be outside. Mr. Tracy wanted to be sure this was addressed. Mr. Phillips thought it would be difficult to restrict all outside areas of the building. Mr. Zirnkilton noted that voices carry and what will bother one person won’t bother others. Mr. Tracy said if the Board gets consistent complaints about noise outside the building, it could modify the condition. Mr. Sevigny said that if noise becomes a problem, the Board has the right to invoke a nuisance provision. Although Mr. Phillips had no problem with stopping serving at 9:00 pm and by 11:00 pm making sure no one is on the terrace, he was concerned about misinterpretation of the condition.
Referring to the elevations on the revised plan, Dr. Fox asked about the 40 foot measurements indicated on them and said they do not relate to the lowest dimension of the building out to the east. Mr. Woodward said that was the average measurement. Mr. Coolidge thought the east and the north are about the same and the average of them is about the same. The average of the lowest sides comes out to be the same as the two lowest sides, he said.
The Board determined it reviewed Section 5 of the Subdivision Ordinance and Section 6 of the LUZO for the subdivision application at its previous meeting. Mr. Sevigny said the applicant has complied with the request of the Board regarding parking and has also modified the height of the building to accommodate various concerns raised by others in the community. With letters from the Police Chief Willis indicating there is no traffic problem and also from Public Works Director Smith stating there is adequate storm drainage, Mr. Sevigny thought the Board was ready to vote on the subdivision application. Mrs. Jones noted that the April 26, 2004 minutes indicate under Section 6.6 (compatibility) that Mr. Phillips didn’t think people would want a closing time for the terrace to be later than 10:00 pm. Clarifying that,
Mr. Phillips said they would close the terrace at 11:00 pm. If there is a problem, they would roll the hour back to 10:00 pm.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION FOR THE BUILDING SUBDIVISION. (Tracy/Fox)
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR DWELLING UNITS IN A COMMERCIAL ZONE. (Tracy/Fox)
Mrs. Jones noted the original application asked for 5 apartments. Mr. Coolidge modified the application so that it requested two apartments instead of 5. Ms. Jones read the revised application. The notification that one apartment would be for year-round residents was crossed out. Mr. Sevigny said reference should be made on the application regarding the condition for the 10 off site parking spaces leased by the applicant on Sylvan Road. Ms Jones put the lease in the file.
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.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION FOR A RESTAURANT. (Fox/Tracy)
Mr. Sevigny noted Board wanted to add a condition about the closing hours. The number of complaints required for reevaluation was discussed at length. After discussion it was determined that kitchen and bar service will stop at 9:00 PM. to the terrace. The terrace may be open until 11:00 pm. The Board reserves the right to revisit the time for the closing of the terrace if the Town receives complaints.
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 for the restaurant.
Mr. Tracy thought the condition for the leases for 10 off site parking spaces should be noted under 6.8 (Highway Safety). Mrs. Jones thought the letters from Police Chief Willis and Public Works Director Smith should too.
Mrs. Jones asked if a condition about food delivery not being made on Sea Street should be made. Mr. Phillips asked if the condition could say that the applicant will make his best efforts to have deliveries made on Fire House Lane. Mr. Sevigny said it should be notified that the Board reserves the right to review 6.8 if it’s determined by the Town that trucks are blocking Sea Street. Mr. Phillips noted that trucks blocking roads is the norm of traffic problems in Northeast Harbor seventy days out of the year. Mr. Sevigny said that because Sea Street is so narrow, the Board wants to be sure congestion is not a problem. The Board discussed at length the problems involved in making deliveries. The Board reserved the right to review the application if the Town determines there is unreasonable congestion
or are unsafe conditions. Mr. Phillips thought it is important for the Town to balance its need for commerce. He noted there is no service corridor for deliveries. If the Town didn’t have the level of food service that it has, it wouldn’t have those vehicles. On some level there has to be some awareness of that. He felt that his operation was being put under a microscope with the restrictions. Mr. Zirnkilton agreed with Mr. Phillips to a certain extent and thought, if there is a safety concern, the Town would be notified to do something about it.
Mr. Phillips mentioned the number of seats for the restaurant and the possibility that they may want more than 32 seats for a viable restaurant. Mr. Sevigny suggested that he check with the State about square foot requirements. Mr. Phillips was concerned that if he wants to expand his use, someone could complain about two deliveries on Sea Street. Mr. Sevigny noted that the Town would have to receive the complaints and the Police Chief would have to analyze whether or not there was legitimacy to the complaints.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
IV.~~~~~Unfinished Business
A.~~~~~~Subdivision Sketch Plan Review
~~~~~~~~OWNER - Mark Dunbar
~~~~~~~~TAX MAP 10 ~~~~LOT 12-1 ~~~~ZONE Residential 1
~~~~~~~~Cider Ridge Road, Mount Desert
Site Inspection: ~4:30 p.m. (the only purpose for this item)
*Site Inspection reported by Dr. Fox. He and Mrs. Jones were there. Apparently no one near by has any problem with their wells.
V.~~~~~~New Business
A.~~~~~~Ordinance changes, discussion Deferred.
VI. Meeting adjourned at 8:12 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, May 24, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
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