PLANNING BOARD MINUTES JUNE 14, 2004
Board Members Present Public Present
James Clunan, Vice Chairman David Irvin
Heather Jones, Secretary Darcy Ingersoll
Joseph Tracy Tim Crowley
Samuel M. Fox III, alt Edith Dunham
James R. Robinson
Brent Hamor, CEO; Ellen Kappes, Recording Secretary
I. The meeting was called to order at 6:00 p.m. by Dr Fox who assumed the chairmanship.
At 6:10PM. Dr. Fox passed the meeting over to Mr. Clunan as chair.
II. The draft minutes from the May 24, 2004 meeting were unanimously approved as amended.
III. Public Hearing - Conditional Use Permit Applications
~~~~~~~~A.~~~~~Tabled from May 10, 2004
~~~~~~~~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 Mr. Hamor’s suggestion, the Board postponed this application until the end of the meeting because Mr. Katz was not at the hearing
~~~~~~~~B.~~~~~NAME: ~Edith Dunham
~~~~~~~~LOCATION: ~21 Main St, Seal Harbor
~~~~~~~~TAX MAP: ~30~~~LOT: ~36~~~~~~~ZONE: ~VR1
~~~~~~~~PURPOSE: ~Animal husbandry, keep up to 8 hens as pets
~~~~~~~~SITE INSPECTION: ~5:00 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.
No one had attended the site attention. Dr. Fox apologized for going to the wrong place. The Board discussed possible procedures. Mrs. Jones proposed having the public hearing, hearing from Ms. Dunham, and doing everything but Section 6 at that meeting. Section 6 can be completed after a site inspection. She offered to do the site inspection before the next meeting.
Ms. Dunham said she did not know she needed a permit for chickens. Her family had had them off and on since 1978. She got the chickens last May and later learned about the need for a permit.
Mr. Clunan noted the Board had received a letter from an across the street neighbor who does not object to the chickens. Ms. Dunham said she had never had any complaints from any neighbors.
Mr. Clunan quickly checked over Section 6 and, referring to the 10th standard about nuisances, confirmed that no one was present in the public for the purpose of the hearing. He tabled the application until the next meeting. Ms. Dunham and Mr. Crowley do not need to attend it.
V. New Business
B.~~~~~~Sound View Campground, Hall Quarry
Kevin Ingersoll, Manager
Request for ME DOT signs
At Mr. Tracy’s suggestion, the Board heard the above item out of order. Mrs. Ingersoll did not have the necessary paper work with her because she did not know she had to bring it. She said they have two signs that used to be at each end of Hall Quarry road and want to replace them. Mr. Tracy said if they were just replacing what was there before, the Board could expedite and vote its approval. Mr. Hamor said the recommendation had to go to the Selectmen. Mrs. Jones wanted to recommend to the Selectmen the reinstallation of the two signs on Route 102 at either end of Hall Quarry Road.
Mr. Hamor said LUZO Section 8.4.5 says directional signs on the roadside are permitted for churches, schools, libraries, museums or similar facilities with the approval of the Board of Selectmen on the recommendation of the Planning Board. These signs do not fall under that category. Mr. Clunan thought the use of the word reinstallation would cover the matter. Mr. Hamor said they could be considered grandfathered signs if they have been down for less than 18 months. Mr. Tracy said the DOT requires reapproval of the signs from the Town but that as far as the Planning Board is concerned, approval is not necessary because the signs were not abandoned.
MOTION MADE AND SECONDED TO APPROVE reinstallation of the signs on Route 102 for the Hall Quarry campground and to recommend approval to the Selectmen. (Tracy/Fox)
Mrs. Ingersoll was asked to bring in the required paper work.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 4-0.
Public Hearing – Subdivision Application
B.~~~~~~Tabled from May 10, 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
Mr. Clunan noted the above application was tabled on March 22, 2004, pending receipt of an opinion from MMA regarding the remaining lands and until DEP grants the Storm Water Management Plan permit.
Mr. Irvin noted that the public hearing was still open. He wanted to be able to close the public hearing. He was concerned about something that might affect the plat plan. He did not realize he had to have all his permits in place before the Board could vote on his application.
Mr. Hamor said the MMA opinion was that the remaining lands are remaining lands and not part of the subdivision. They are counted as a lot in the subdivision but are not counted as part of the subdivision. Mr. Tracy said the remaining lands are not part of the subdivision because if the applicant wanted to do anything with them, he would have to go back and modify the subdivision. The Board does not do that. Mr. Tracy and Mr. Clunan noted that the Board was not considering those remaining lands because they are not part of the subdivision. Mr. Clunan confirmed it was fair to say that the opinion received from MMA convinced the Board that the remaining lands are not part of the subdivision.
Mr. Irvin explained the procedure for the DEP permit. The DEP is now in the process of determining the width of the buffer. He hoped the question would be resolved that week. There were no concerns about the road and the studies were properly done, he said.
Mr. Clunan suggested going forward with the conclusion of what was started on March 22. Mrs. Jones said Section 5 and Section 6 were covered then. It was a matter of closing the public hearing and voting.
MOTION MADE AND SECONDED TO APPROVE THE SUBDIVISION APPLICATION CONTINGENT ON APPROVAL FROM THE DEP FOR THE STORM WATER MANAGEMENT PLAN PERMIT. (Tracy/Jones)
Dr. Fox recused himself from voting. He had done so previously because of the proximity of his daughter’s land to the subdivision.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0.
IV.~~~~~Unfinished Business
~~~~~~~~A.~~~~~Otter Creek Properties/Evan Contrakes/Jeff Katz
~~~~~~~~Tax Map 33 ~Lot 13 ~Village Residential 1
~~~~~~~~Subdivision Application: ~Issuance of Dated Receipt
Mr. Clunan said the applicant was not present. It was noted that the Planning Board received the application on this date. Mr. Clunan signed the receipt.
V.~~~~~~New Business
A.~~~~~~James R. Robinson
Tax Map 24 Lot 24 ~Village Commercial
5 Rock End Rd, Northeast Harbor
Subdivision Application: ~Issuance of Dated Receipt
Site Inspection: ~5:30 p.m.
The site inspection was reported by Dr. Fox who had met with Mr. Robinson and Mr. Hamor. They went to the corner of the property where the Phillips house at 11 Sea Street will be and the easement area that goes in from Rock End Road and jogs to the south. Lot #2 on Rock End Road will be offered for sale with the condition that an oak tree will have to be reserved or replaced and that they will have an opportunity to have their own entrance or parking off Rock End Road or from the easement. The commercial building listed as Lot #1 will remain and is not part of the issue of the subdivision except that it counts as part of the total acreage. Lot #3, the lot in question, will accommodate the small footprint of the Phillips building. The stakes are in place. Some of the trees will have to be sacrificed. Mr. Robinson
would grant part of the extended easement to the residents of that property. He will retain part of lot #1 for personal parking for his residence which is to the north on Lot 25.
Mr. Robinson said the first part of the easement already exists. He will add a portion to it. The surveyor, Edward Jackson, would like to go forward with the survey but was reluctant to do so until the Board has a chance to look at the plat plan to see if it is going to be basically acceptable. If there are any serious or glaring problems, he would like to be able to take care of them immediately. He wants to have the foundation in place but can’t until the subdivision is approved.
Mr. Robinson confirmed the setbacks with Mr. Hamor.
Mr. Clunan said the requirements say the dated receipt once signed is for administrative purposes only. It does not mean the application is complete or pending. Also once the dated receipt is in position, the Board has to have a public hearing within 30 days. Mr. Robinson said he could have everything but the formal survey ready in two weeks for a completeness review and he might be able to get that. Mr. Jackson surveyed the property in 1992 but never issued the survey. The only thing he has left to do is to go down the center line and establish two points. Mr. Clunan said the Board would need an application to review for completeness.
Replying to Mr. Clunan, Mr. Robinson said he had responded to each question in section 4.2 of the Subdivision Ordinance in a letter dated May 18, 2004. Mr. Clunan asked him to substitute a topo map for the tax map. Mrs. Jones and Mr. Hamor said it would be helpful to have Section 5 of the Subdivision Ordinance and Section 6 of the LUZO answered in writing.
Mr. Hamor said he had given the Board a notice of a sketch plan from the Bar Harbor Planning Board for their information.
Regarding the tabled Katz public hearing, Mrs. Jones noted that it had been tabled four times since March. Mr. Hamor suggested asking him for a new application.
MOTION MADE AND SECONDED TO ASK THE APPLICANT TO RESUBMIT HIS APPLICATION BECAUSE HE HAS NOT PUT IN AN APPEARANCE AT A PUBLIC HEARING. (Tracy/Clunan)
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 4-0.
Revised Conditional Use Permit Application, discussion
Mrs. Jones showed the Board a copy of a redesign of the above application. She also wanted to suggest that when an application comes to Mrs. Nolan [although I am flattered to think you have this confidence in me, I respectfully suggest the responsibility lies with the CEO to ensure the application is complete], it is checked to make sure all the information is filled in and that the drawing is done before it even gets on an agenda. If it’s not completed, a phone call could be made to the applicant.
Mr. Tracy suggested putting “see information on reverse side” at the bottom of page one and also a statement saying that the application will be delayed if it is incomplete. Mr. Hamor suggested adding that an incomplete application will cause a delay in approval.
Mr. Clunan asked about doubling fees for after the fact applications. Mrs. Jones said the Board had previously decided to start with friendly reminders and then take action from there. Mr. Tracy thought that 10 or 12 years ago the fee actually was doubled. The Board mentioned a number of after the fact applications. Mr. Hamor said some of them were from people who did not realize they needed permits until after a project had been started.
Mr. Hamor thought the fee should be raised anyway. Mr. Tracy thought Board should suggest to the Selectmen that they take a look at the fees. Mrs. Jones asked Mr. Hamor to check on other towns’ fees. He thought the fee should cover at least 75% of the Planning Board budget. He will investigate the fee structure so he will have an idea of what the 75% will mean. He also thought this Town’s fees are the lowest on the island.
Meeting adjourned at 7:30 p.m. The next scheduled meeting/public hearing(s) is in the Meeting Room, Town Hall, Sea Street, Northeast Harbor at 6:00 p.m., June 28, 2004
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