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Planning Board Meeting Minutes - 09/27/04
Board Members Present                   Public Present
Marc Sevigny, Chairman                  Thomas Grindle
James Clunan, Vice Chairman             Tammy Gordon, new Recording Secretary
Heather Jones, Secretary
Robert Coolidge, alt
Joseph Tracy
Samuel M. Fox III, alt
Brent Hamor, CEO; Assistant; Ellen Kappes, Recording Secretary

I.      The meeting was called to order at 6:00 p.m.

II.     The draft minutes from the August 23, 2004 and September 13, 2004 meetings were unanimously approved as amended.
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III.~~~~Public Hearings - Conditional Use Permit Applications
~~~~~~~~A.~~~~~NAME: ~Edith D. Crowley – owner/Thomas B. Grindle – applicant, agent
~~~~~~~~LOCATION: ~Upper Dunbar Rd, Seal Harbor
~~~~~~~~TAX MAP: ~31 ~LOT: ~99 ~ZONE: ~Village Residential 1
~~~~~~~~PURPOSE: ~commercial fishing – store lobster traps
~~~~~~~~SITE INSPECTION: ~5:15 p.m.

It was confirmed the notice was published in the Bar Harbor Times. No conflict of interest was reported although Mrs. Jones said her husband is a lobster fisherman and they have a conditional use permit to store trays.  The regular members present were the voting members for this hearing.

Mrs. Jones, Dr. Fox, Mr. Clunan, Mr. Grindle and Edith D. Crowley were at the Site Inspection. Dr. Fox reported on it.  He understood the request was for year round permission to store up to approximately 800 lobster traps although the traps would be stored approximately between Christmas time and the start of the next season.  The traps would be clean and not likely to have any adverse aroma.  There will be no bait stored there and the traps would not be baited there.  The stacking of the traps would be no more than 5 high so they would not represent a visual problem for the neighbors who would be there only in the summer time.  No compensation is to be exchanged.  Mr. Clunan said there are trees between where the traps will be and the summer residences.  

MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Tracy).

Mr. Grindle said he only wants to store his traps there for a certain period of the year.  The season starts in March for him.

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.
IV.~~~~~Unfinished Business

Mr. Tracy asked if anything had happened with the Dunbar property.  Mr. Hamor said Blaine Haynes was upset because the Dunbars had misrepresented themselves.  He had understood that the Dunbars were going to live on the property.  Sherty Carr had called Mr. Hamor about the road.  Whether or not the Dunbars had a right of way to an existing road and where a new road would have to be were discussed.  Mr. Sevigny thought the neighbors should work it out in mediation.  Mr. Hamor has also had a number of calls from that area about the zoning change from two acres to one acre.  
    
V.~~~~~~New Business

A.       Mr. Clunan asked about political signs.  Mr. Hamor said according to the LUZO, they can be up for 30 days and they can’t be within 250 feet of public buildings.  Mr. Sevigny said not to worry about the political signs.  He was more concerned about signs such as the one at Somesville One Stop asking for help.  Mr. Hamor said he was not concerned about signs for the antique show and the crafts fairs because the participants were good about taking them down right after the events.

B.~~~~~~Ordinance changes, discussion
1.   Mr. Coolidge thought section 5.7.3.1 in the subdivision ordinance about lots and density probably now contradicts section 3.6 in the LUZO which gives minimum lot sizes.  Does the Board need to keep some restrictions on lots and density in the subdivision ordinance?  Section 3.6 refers to a State minimum but there is no State minimum if the subdivision is, for example, on sewers.  There needs to be some clarity.  Mr. Sevigny suggested thinking about it and referring it to the Ordinance Review Committee.

2.    Mr. Tracy said there needs more specificity in the ordinance about docks and a maximum length dimension on floats.  In the last meeting the Board allowed a dock going out 15 or 20 feet. The ordinance allows it. The Board saw no way not to allow it.  The ordinance doesn’t say where on the dock the six feet needs to be, whether it’s inboard or outboard.  Mr. Sevigny said the Board can tell an applicant to shorten a float under section 6.9 which refers to conserving the natural beauty of the area. He asked Mr. Coolidge to take that matter also to the Ordinance Review Committee.  

3.  Mr. Coolidge asked about specifying that forested wetlands are not wetlands.  Mr. Hamor said he goes by what the DEP says.

4.  Mr. Clunan said the definition of work force housing is basically an incomplete sentence.  The Board discussed who might qualify.

VI.~~~~~Adjournment
        Meeting adjourned at 6:45 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., TUESDAY, October 12, 2004.bor.