TOWN OF MOUNT DESERT PLANNING BOARD MINUTES OF OCTOBER 12, 2004
Board Members Present Public Present
James Clunan, Vice Chairman Mark Dunbar
Heather Jones, Secretary John Vollmer
Joseph Tracy Carole O’Donnell
Samuel M. Fox III, alt Douglas Hopkins
Michael C. Musetti
Noel Musson
Richard H. Wammock
Sherwood Carr
Michael Johnson
Kelsea Carr-Squires
Julie Russell
Tammy Gordon, Recording Secretary
I. The meeting was called to order at 6:06 p.m.
II. The draft minutes from the September 27, 2004 meeting were unanimously approved as amended.
III.~~~ Public Hearings Subdivision Application
Subdivision Name:~~~~~~~ Twin Pines Subdivision
Owner/Applicant:~~~~~~~ Mark Dunbar
Purpose:~~~~~~~~~~~~~~~~~~~~~~~~ Subdivide 2.30 ± acres into 2 lots
Tax Map:~10 Lot:~12-1~~~ Zone:~ Residential 1
Site Inspection:~~~~~~~~~~~~~~~ 4:00 p.m.
Public Notice of site inspection: It was confirmed the notice was published in the Bar Harbor Times.
Conflict of Interest: Mrs. Jones’ property abuts Mr. Dunbar’s. She will recuse herself from the vote but will participate in discussion.
Per Mr. Clunan, on September 13th 2004 the Meeting of the Board had a Completeness Review that Mr. Clunan did not attend. According to the minutes there was no motion finding that the application was complete but there was a finding that a FEMA Map, wetlands survey and a list of abutters were missing. A dated receipt was issued.
Mr. Dunbar has provided the above items and nothing else is required.
Per Mr. Clunan, Mr. Coolidge advised that caution should be used when saying there are no wetlands at Public Meetings if there indeed are.
The Board will proceed with the public hearing:
It was confirmed that the seasonal drainage from Lot 1 is seasonal runoff and is not created from house drainage.
Julie Russell, an abutter to Mr. Dunbar and Mrs. Jones’ property has property that is in front of 2 ½ acres that is seasonally wet. This spot meets the place Mrs. Jones is speaking of; they come together at some point.
The professional diagram shows a very small amount of wetland on the westerly most corner.
Mr. Dunbar states he’s planning to subdivide the 2 acres, but has no plans to build at the present time. The lot has been examined for a septic system.
Per Mr. Tracy, there is no requirement for the level of detail of showing a driveway at this stage.
Formal Findings:
Subdivision Ordinance, Section 5: General Requirements
Section 5.1
Since there is no construction, buffering requirement is not clear. Kelsey Squires would like to make sure that buffering other than commercial/residential not be overlooked. Carmen Sanford would like to make sure there’s adequate buffering.
As there is no construction there is nothing to buffer, however, Mr. Dunbar accepts that a no cut zone shall remain in the area described from the 25 foot setbacks from the property lines North, West and South and the 60 foot property line on the East side, allowing of course, for driveway access on the east side when and if he decides to build. The setback requirement is 15 feet and Mr. Dunbar is agreeing to 25 feet. Mr. Dunbar also agreed not to have lights shining up or out.
Per Mr. Tracy, there is law that if you have no divisions in 5 years, you can divide your land in half and it’s considered a division of land and not a subdivision. Mr. Tracy is appreciative of Mr. Dunbar’s cooperation..
The Board finds the application conforms to Sections 5.2, 5.3, 5.4 and 5.5
The Board finds that Section 5.6 is not applicable.
Section 5.7
Per Mr. Clunan, Mr. Dunbar needs to have the wetland delineation added to his plan.
The Board finds the application is in conformance with section 5.7.2
Section 5.7.3
The application shall be reviewed as a conventional subdivision
Section 5.8.1
The Board finds the application is in conformance with section 5.8.1 – this is specific to lot number one.
5.8.2
The Board finds that Section 5.8.2 is not applicable but when the time comes Mr. Dunbar will be expected to comply
5.9
The Board finds the application is in conformance with section 5.9
5.10.1
The Board makes no requirements for 5.10.1
5.10.2
The Board does not require 5.10.2
Board finds the application is in conformance with section 5.11.1 and 5.11.2
5.12
Mr. Tracy moves that the Board does not require a Compliance Bond. The Board finds that Compliance Bond is not required.
The Board finds the application is in conformance with Section 5.13
Section 5.14 concerns street design and construction
Discussion:
Mr. Dunbar has provided in his application that no streets shall be constructed as part of this subdivision. The first hundreds of feet of Cider Ridge Road’s right of way does not follow the legal right of way. Mr. Tracy would have more confidence if there was an opinion of the Maine Municipal Association in Augusta as this has never come up before.
Postponing the outcome of this hearing, while waiting for an opinion from the Maine Municipal Association, while keeping the public hearing open was considered. The question would be: Is the applicant required to build a road completely within the right of way?
Proper DEP approval is necessary. There will be no building on Lot 1 until there is a road constructed, and construction of the road is dependent on a DEP requirement. If DEP does not approve then Mr. Dunbar will build out the other way. Mr. Dunbar will provide a detailed plan that will include a right of way out to Beech Hill Road. If there is DEP approval, then this would not be required. The Board needs a final flat plan.
Mr. Carr asked about an easement agreement. Mr. Tracy thinks he would have to give up some of his property so there would be a legal easement to his property that would satisfy the requirements. He would be gifting the land to Blaine Haynes, and shifting the property line.
Board finds the application is in conformance with section 5.14
Section 5.15
The Board finds that this provision does not apply to this application.
The Board finds that Section 5.16 does not apply to this application.
Mr. Tracy suggested that rather than continue with the detailed examination of the Land Use Zoning Ordinance, the Board hold open the public hearing for 2 weeks and wait to get the answer from the MMA.
Mr. Dunbar, Mr. Tracy and Mr. Clunan went over what needs to be shown on the Final Plot Plan submitted by Mr. Dunbar.
Mr. Tracy moves to table the hearing until October 25, 2004. Mr. Clunan seconds.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0
B.
IV. Unfinished Business
V. New Business
~~~~~~~~ A.~~~~~ ~Island Foundation
~~~~~~~~ Tax Map 5~~~ Lot 13-1~~~ Shoreland Residential 2
~~~~~~~~ 2 Peabody Drive, Northeast Harbor
~~~~~~~~
Discussion regarding change in zoning:
Carol O’Donnell, the Director of the Island Foundation, which owns/operates the Azalea Gardens and Terraces. The Island Foundation has recently purchased 2 Peabody Drive, which is the lot on the corner of Peabody Drive and Route 198. It’s a 1¼ acre lot that is zoned shoreland residential 2. The Island Foundation is requesting the Planning Board to put on the Warrant for Town Meeting in March 2005 a request to change the zoning from shoreland residential 2, which is a 2 acre lot minimum size, to village residential 1, which is a 1 acre lot size. The Island Foundation purchased the property in hopes of using a quarter of an acre to buffer the garden, but as a 1¼ acre lot, it’s already nonconforming.
The recommendation from the Planning Board is to put The Island Foundation’s request on the Warrant for Zoning Changes for the Town Meeting in March.
Not on the Agenda:
Michael Musetti and his agent, Noel Musson from CES, Inc., propose a Zoning Change for Map 7 Lot 65. The parcel is owned by Mr. Musetti
Mr. Musetti would like a zoning change from RW3 to R2. Primarily because of road frontage considerations, but also because if Mr. Musetti would like to have any cluster development or workforce housing, this land would need to be zoned differently.
There is about 1700 feet of road frontage; the depth of the narrow piece is about 160 feet.
Discussion follows regarding wetlands, class of wetlands. The concept seems to be okay but there may be varying opinions regarding which zone. This will affect about 6 abutters. Mrs. Jones will speak to Joelle Nolan, Town Office, who will contact Mr. Musson regarding adding this to the agenda at a future date.
Mr. Musson would like signatures for Brian Shaw’s plat. Mr. Fox stated that the Board needs to consider if anything was pending before they do this.
VI. Adjournment
Mr. Clunan made a Motion to Adjourn, Mr. Tracy seconds the motion.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0. The meeting was adjourned at 7:42 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., October 25, 2004
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