TOWN OF MOUNT DESERT PLANNING BOARD MINUTES OF OCTOBER 25, 2004
Board Members Present Public Present
Marc Sevigny, Chairman Mark Dunbar
Joe Tracy Nelson Goodwin
Heather Jones, Secretary John Vollmer
Samuel M. Fox III, alt Robert Cawley
Lisa Renault Julie Russell
Stephen Zirnkilton Mike Musetti
Noel Musson
Bobby Williams
John Brushwein, Deputy CEO; Tammy Gordon, Recording Secretary
I) The meeting was called to order at 6:00 p.m.
Mr. Sevigny welcomes Lisa Renault to the Board, Lisa is not yet a voting member.
II) The draft minutes from the October 12, 2004 meeting were unanimously approved as circulated.
III) Public Hearings
Subdivision
Continued from October 12, 2004
A. SUBDIVISION NAME: Twin Pines Subdivision
OWNER/APPLICANT: Mark Dunbar
PURPOSE: Subdivide 2.30 ± acres into 2 lots, Cider Ridge
Tax Map: 10 LOT: 12-1 ZONE: Residential 1
Mr. Dunbar has a new plan with the changes discussed, including the setbacks and wetlands, at the October 12, 2004 meeting. Mr. Dunbar also has an Easement from Sherwood S. Carr and Carmen A. Sanford to Mark Dunbar and a Field Determination from the DEP. The road will stay as is.
Mr. Sevigny states that his understanding is that the Board went through the Ordinance except for Section 6.
Mr. Dunbar has 2 paper copies of the plan; he will make 6 more as the Board needs to sign 8 copies.
Mrs. Jones reiterates that she has a conflict of interest as an abutter and will not be voting, and asks, as a member of the public, if there is a setback for a building site from the seasonal runoff. Mr. Brushwein states that this is an issue when someone turns in a building permit, and the Code Enforcement Officer attends to it at that time.
The approval of the application is conditional upon The Department of Environmental Protection inspection of that property at the time of construction to look at the seasonal stream and determine its type and setbacks prior to the issuance of building permits. This condition will be noted on the plan by Mrs. Jones and all paper copies.
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.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0
Conditional Use Permit Applications
A. NAME: Robert W. Cawley
LOCATION: 192 Beech Hill Rd, Mount Desert
TAX MAP: 9 LOT: 61 ZONE: Rural Woodland 3
PURPOSE: Timber harvesting and cutting of timber - 50 cord or more
SITE INSPECTION: 4:15 p.m.
B. NAME: Cawley Lake House Trust
LOCATION: 194 Beech Hill Rd, Mount Desert
TAX MAP: 9 LOT: 62 ZONE: Shoreland Residential 5
PURPOSE: Timber harvesting and cutting of timber - 50 cord or more
SITE INSPECTION: 4:15 p.m.
C. NAME: Robert W. Cawley
LOCATION: Echo Lake, Mount Desert
TAX MAP: 9 LOT: 63 ZONE: Shoreland Residential 5
PURPOSE: Timber harvesting and cutting of timber - 50 cord or more
SITE INSPECTION: 4:15 p.m.
John Brushwein, Mrs. Jones and Dr. Fox attended the site inspection.
It was confirmed the notice was published in the Bar Harbor Times.
Mr. Sevigny is an abutter so has a conflict of interest.
Dr. Fox gave a site inspection report: Mr. Maier from Jake Maier Forestry is the contractor making the proposal and will supervise the cutting but will not be doing the cutting. The intent is to harvest the wood as well as provide a better area for trees that will be less prone to forest fire hazards.
There is a cabin within one hundred feet of the shore and there were trees within 75 feet of the shoreline marked for cutting. There is a question of use standards for shoreline 75 foot setback came up at the site inspection.
Mr. Brushwein explained that there is already a dwelling there. The purpose for the point system in the shoreland zoning ordinance regarding tree removal is to provide a screening from shore. The ordinance states that if you have hazard trees which endanger structures or people they can be removed. Mr. Brushwein questions some of the trees marked for removal and suggests that, as a condition of the approval, they indicate that all cutting shall be in compliance with the State Shoreland Zoning Act as per Title 38 MRSA Section 439 A5 and A6. The Code Enforcement Officer will have someone come down from the DEP and verify that the trees are a hazard. Mr. Fox and Mrs. Jones are in agreement.
There are no comments from the public.
Mr. Cawley has three applications. The Board decided to review all three applications at one time.
Mr. Cawley is happy with the condition. Mr. Cawley states that they are on a crop sharing program with the state and have to complete one acre of thinned woodland by December 1, 2004 which means the paperwork needs to be done by Nov. 24, 2004.
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. Regarding Section 6.4, the Board determines that best management practices will be applied.
The following conditions will be applied to the application:
Condition 1: Cutting to occur between sunrise and sunset.
Condition 2: All cutting will be in accordance with the State of Maine Shoreland Zoning Act as per Title 38 MRSA Section 439-A.5 439-A.6
Condition 3: Slash will be compacted to be less than 4 ft in height. Slash will be a minimum of 50 ft from property lines, Town road, and Shoreland
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0
D. NAME: Nelson F Goodwin
LOCATION: 3 Lower Dunbar Rd, Seal Harbor
TAX MAP: 31 LOT: 92-1 ZONE: Village Residential 1
PURPOSE: Replace existing 2100± sq ft shop building with new 3300± building
SITE INSPECTION: 5:15 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present were the voting members for this hearing.
Mrs. Jones, Ms. Renault, Mr. Brushwein and Dr. Fox attended the site inspection.
Mrs. Jones gave a site inspection report. Fixing up the building is not worth the cost, so they would like to tear it down. Mr. Goodwin would end up with an L shaped building. Mr. Goodwin has received verbal approval from Acadia Corp., the abutter. He will get written approval.
The configuration would get parking off the street and on to the property.
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. The following conditions were applied to the application:
Condition: Approval contingent upon meeting LUZO Section 3.6 Note D, which provides for a written variance of the setback with the neighbors. A copy has to be filed in the municipal office.
Condition: Approval upon meeting LUZO Section 4-4.8
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0
IV) Unfinished Business
A. Michael Musetti/CES, Inc., agent
TAX MAP: 7 LOT: 65 ZONE: Rural Woodland 3
Hall Quarry
Request for discussion of zoning change
Noel Musson is representing Mike Musetti in requesting a zone change for the parcel owned by Mr. Musetti.
The Board will recommend to the Warrant Committee that a zoning change take place on Tax Map 7 Lot 65, which is now zoned RW2 to make it partially R2 and partially SR2 as depicted on a plan which will be presented at Town Meeting. The zoning change would make the lots conform more closely to the lots abutting them.
V) New Business
A. Ordinance changes, discussion
B. Adjournment
Meeting adjourned at 8:46 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., November 8, 2004.
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