Town of Mount Desert Planning Board
Munites of July 12, 2004
Approved 7/26/04
Board Members Present Public Present
Marc Sevigny, Chairman Jennifer Booher
James Clunan, Vice Chairman Pat Coston
Heather Jones, Secretary Evan Contorakes
Robert Coolidge, alt Rosamond Rea
Samuel M. Fox III, alt David J. Lucey
Stephen Zirnkilton Michael Dennis, M.D.
Bobbie Burdick
Chuck Bucklin
Jeff Katz
J. C. Contorakes
Jim Robinson
Brent Hamor, CEO; Ellen Kappes, Recording Secretary
The minutes for this meeting were transcribed from written notes. The meeting was not taped.
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the June 28, 2004 meeting were unanimously approved as corrected.
IV.~~~~~Unfinished Business
B.~~~~~~Bobby Burdick, Applicant; Karen Kettlety, Owner
Tax Map 9 Lot 90 ~Residential 1
33 Ripples Rd, Mt Desert
Subdivision, Issuance of Dated Receipt
At Mr. Hamor’s suggestion, the above was taken out of order. Ms. Burdick reviewed her plat plan changes which had been suggested at the June 28, 2004 meeting. The Board did not have a dated receipt but will send her one in the mail. The completeness review was scheduled for July 26, 2004.
III. Public Hearings - Conditional Use Permits
~~~~~~~~A.~~~~~NAME: ~St Mary’s St Jude’s
~~~~~~~~LOCATION: ~3 Kimball Rd, Northeast Harbor
~~~~~~~~TAX MAP: ~24 ~~~~LOT: ~62 ~~~~ZONE: ~Village Commercial
~~~~~~~~PURPOSE: ~install retaining wall and 6 ft stockade fence
~~~~~~~~SITE INSPECTION: ~5:30 p.m.
Mr. Coolidge recused himself from the hearing because he was involved with the plans. There was no conflict of interest among the remaining members. The regular members present plus Dr. Fox, alternate, were the voting members for this hearing.
It was confirmed the notice was published in the Bar Harbor Times.
Mrs. Jones reported on the site inspection and explained the plans. A retaining wall of rocks will be put between the house and the Neighborhood House. The ground will be built up a bit.
The fence will come off the office wing of the Church. Dr. Fox was concerned about a 10” maple tree and was told it would stay.
Mr. Bucklin said the objective was to create a safe place for children to play and for dogs. The fence will tie into a little addition to the house. The driveway will become two cars wide. The retaining wall will contain large boulders and will be backfilled.
Mrs. Jones said a letter was required stating Mr. Bucklin is the agent for the applicant. Mr. Hamor said he has the letter.
Mr. Clunan brought up the question of the required 6’ setback from the property line where a right of way exists. Mr. Bucklin said there used to be a right of way there but didn’t remember that it was ever used. Mr. Sevigny asked if there is a legal document saying that it had been abandoned. If not, the 6’ setback would be a problem. Mrs. Jones asked if a there would be a problem if the Neighborhood House gives permission to waive the setback. Mr. Sevigny said the Neighborhood House would have to give its written permission in the form of a letter in order for the Board to waive the setback requirement.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION contingent upon obtaining a letter from the Neighborhood House stating that the fence can be put in the location indicated on the plan. (Zirnkilton/Jones ).
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.
Mr. Sevigny reminded the applicant to send the letter to Mr. Hamor.
B.~~~~~~NAME: ~Evan Contorakes/Pat Coston, agent
~~~~~~~~LOCATION: ~13 Davis Lane, Otter Creek
~~~~~~~~TAX MAP: ~33 ~~~~LOT: ~26-1 ~~~~ZONE: ~Village Residential 1
~~~~~~~~PURPOSE: ~multi-family dwelling, convert existing garage to a third residential unit
~~~~~~~~SITE INSPECTION: ~4:45 p.m.
It was 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.
The Site Inspection was reported by Dr. Fox. Mr. Katz, Mr. Hamor, Mr. Sevigny and Ms .Coston were there also. Dr. Fox said the garage space would be converted to a residential apartment with plumbing connected to the Town sewer and sufficient parking to the north of the building.
Mr. Katz of Blue Ribbon Builders said two units are there now. One is the house. One is an apartment above the garage. They want to make the garage downstairs into an apartment.
Mr. Coolidge said, with a total of three units being developed, they would have to think of it as a subdivision. Mr. Sevigny agreed. He asked if Mr. Contorakes would be willing to use one unit for work force housing and gave the definition of work force housing. Mr. Contorakes said it was not meant to be seasonal.
Mr. Clunan asked if the applicant was the owner. Ms. Coston said they were under contract for purchase and that the purchase was contingent on the conditional use permit. Mr. Hamor made copies of the contract for the Board after Mr. Sevigny told Ms. Coston they would need them.
Mr. Sevigny noted that the conditional use permit was a piece of the process but was no guarantee that a subdivision application would be approved. He said that would take about four sessions or about two or three months.
Mr. Coolidge noted that the new ordinance allows increased density if all or part of it is for work force housing. He advised the applicants to review the new subdivision ordinance. Mr. Hamor and the Board discussed minimum lot sizes in VR1 and agreed that a subdivision application would be necessary.
It was confirmed the notice was published in the Bar Harbor Times.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Zirnkilton/Fox ).
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.
Mr. Sevigny advised the applicants they would still have to file a subdivision application. Mr. Zirnkilton said they might want to start asking for an impact statement from Public Works Director Smith to the effect that there would be no additional burden on the sewers.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
IV.~~~~~Unfinished Business
A.~~~~~~James R. Robinson
Tax Map 24 Lot 24 Village Commercial
5 Rock End Rd, Northeast Harbor
Subdivision Application: follow-up Completeness Review, 3 lots
Mr. Robinson reported that his lawyer advised him to get a corporation. That is being done. He reviewed his July 12, 2004 letter to the Planning Board. The survey for the property has been done. The surveyor has promised it would be ready for the public hearing. When asked if 6.1 of the LUZO required the surveyor to be at the hearing in person, Mr. Sevigny said the survey itself would serve as expert testimony.
The Board read Mr. Robinson’s covenants and lottery questions. Mr. Zirnkilton asked how the owners would be compensated for their investments if they should want to sell. Mr. Robinson said repairs would add some value to the house but not the full cost of the repairs. He wanted to keep the price static so that the average work force person could afford to buy it if it is sold again. In discussing his point system, he said he is looking for a standard normal family with children to keep kids in the nursery school and grade school. He wants people involved in the community and leans towards firemen.
Board members decided they do not want to have a review each time the owner changes.
Mr. Sevigny said Mr. Robinson should add a clarification to the questionnaire explaining that points will be allocated per person, not per couple.
Mr. Sevigny was concerned that question 1. (which would give points if the applicant is married to a spouse of the opposite sex) could be construed as discriminatory and suggested that Mr. Robinson talk to his lawyer about it. Mr. Robinson said he had talked to his lawyer. Mr. Coolidge asked if the Board wanted to get into the lottery questions at all. Mr. Zirnkilton said some of the Board might have trouble with some of the questions. There was a lengthy discussion about question 1.
Mr. Sevigny wanted to get advice about the covenants from the Town attorney to be sure the Town is not exposed to any liabilities. Mr. Hamor will write to the attorney who will also see the lottery questions with the understanding that they will be approved only by the owner of the corporation.
Mr. Robinson summarized what he needed to do next: to come up with the survey: to revise paragraph 2 and 4 of the deed covenants; and to put a list of abutting property owners in the application packet.
VI. The meeting adjourned at 7:50 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, July 26, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
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