TOWN OF MOUNT DESERT PLANNING BOARD
Minutes of November 8, 2004
Board Members Present Public Present
Marc Sevigny, Chairman Barbara L. Williams
James Clunan, Vice Chairman Bill Haynes
Heather Jones, Secretary Eli Sevigny
Joseph Tracy Philip DiPerro
Samuel M. Fox III, alt
Lisa Renault
John Brushwein, Deputy CEO; Tammy Gordon, Recording Secretary
Lisa Renault is now a regular Member of the Board and Stephen Zirnkilton is now an alternate member.
I) The meeting was called to order at 6:00 p.m.
II) The draft minutes from the October 25, 2004 meeting were unanimously approved as amended.
III) Public Hearings - Conditional Use Permit Applications
~~~~~~~ ~ A.~~~~~~NAME:~ Haynes Bros LLC
~~~~~~~~ LOCATION:~ 40 Sylvan Rd, Northeast Harbor
~~~~~~~~ TAX MAP:~ 25~~~~ LOT:~ 54~~~~ ZONE:~ Village Commercial
~~~~~~~ ~ PURPOSE:~ Amend CUP #12-02 for 2 additional 1 bedroom apartments and
Services 3 ~~~~~wholly enclosed carpentry shop
~~~~~~~ ~ SITE INSPECTION:~ 4:00 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, Dr. Fox and Mr. Brushwein attended the Site Inspection. Dr. Fox reported: This is an addition going on to the north of the existing building. Dr. Fox stated there didn’t seem to be any problems and there would be plenty of room for parking. Mrs. Jones and Mr. Brushwein had no further comments.
There are names stricken from the application as those people do not live within 100 feet.
Mr. Haynes stated that the whole building is there, apartments will be built in the existing structure.
Mr. Sevigny stated that this was a two-part process. First is the approval of the amendment of conditional use permit, and then Mr. Haynes would have to go through the regular subdivision process.
The applicant has stated there will be no storage of highly flammable substances in the structure.
The Board discussed safety, particularly highly flammable substances, and whether the Planning Board was the appropriate venue for this consideration.
A motion was made and seconded to approve the Conditional use application amending the conditional use permit 12.02 subject to subdivision review and approval.
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.
~~~~~~~~ B.~~~~~~NAME:~ Van Alen Rosetta Family Partnership/Nicholas Ludington
~~~~~ ~ ~LOCATION:~ 8 Clifton Dock Rd, Northeast Harbor
~~~ ~~~~~TAX MAP:~ 24~~~~ LOT:~ 139~~~~ ZONE:~ Shoreland Residential 1
~~~~~~~~ PURPOSE:~ 70 cubic yards of fill within 100 feet of a waterbody
~~~~~~ ~~SITE INSPECTION:~ 3:30 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.
Mr. Brushwein gave Mrs. Jones a copy of the letter giving Mr. Elliot authority.
Mrs. Jones, Dr. Fox and Mr. Brushwein attended the Site Inspection. Mrs. Jones reported: The site is 50 to 60 feet from water and work has begun. The purpose is to build up the land and create screening. It will take about 16 more inches to build it up. Steve Elliot is in the process of getting the DEP permit so work has stopped. Mr. Fox states that it will take two more truckloads to build it up. Mr. Elliot plans to plant more trees and other vegetation that will help with runoff.
The following conditions are applied to the application:
Condition 1: The application is subject to DEP approval.
Condition 2: Best management practices, including silt fencing, will apply.
Condition 3: Dumped soil shall not block traffic.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION
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.
V) Unfinished Business
VI) New Business
Subdivision Sketch Plan Reviews
A.~~~ ~NAME:~ Haynes Bros LLC
~~~~~~~ ~LOCATION:~ 40 Sylvan Rd, Northeast Harbor
~~~~~~~~ TAX MAP:~ 25~~~~ LOT:~ 54~~~~ ZONE:~ Village Commercial
Multi unit building subdivision
Mr. Clunan states that the ordinance needs to be reviewed.
Mr. Sevigny states that Mr. Haynes has provided all the information required by the ordinance. Mr. Haynes was given a dated receipt and the formal process was started. The next step is to notify abutters, including those across streets. The Completeness Review was scheduled for November 22, 2004. Mr. Haynes states that he will be available on that date.
Mrs. Jones questions why the Town sends letters to people within 1000 feet if they are not abutters.
Mr. Sevigny states that streamlining the process for in-building subdivisions should be an agenda item for ordinance committee.
B.~~~~~ ~NAME:~ Mikel R. DeAngelis
LOCATION:~ 19 Blanchard Rd, Mount Desert
TAX MAP:~ 9~~~~ LOT:~ 12~~~~ ZONE:~ Residential 1
Four lot land subdivision
This is Lot 9 Map 12. There are existing houses on Lot 1 and Lot 2.
Philip DiPerro states that he is standing in for Mikel DeAngelis and has a letter of authorization.
Mr. Clunan states that all The Board will do this evening is schedule a preliminary site inspection.
Mr. Tracy questions the odd shape of the lots and is told that the odd shapes serve the acreage and road frontage requirements.
The right of way is an existing deeded right of way. A suggestion was made to have one lot on the road and have the others in back.
Mr. Tracy suggests Mr. DiPerro encourage Mikel DeAngelis to create a more sensible plan s there are other ways to meet the requirements.
The Site Visit is scheduled for November 22, 2004. Mr. DiPerro will check with Joelle for the time.
C. Ordinance changes, discussion
The Zone changes are administrative changes and clarifications.
Page 4.2.2.6: Cross out (Show on Plat) – it is not required.
Page 6 4.5.2.1: States an applicant needs to provide evidence of compliance. Robert Coolidge said Board would like them to address section 5 and 6 in the application. It would move to 4.2.4
5.7.3 – Add that the Planning Board shall determine what constitutes a cluster workforce or subdivision.
5.7.3.1 – Section 3.5 (is table of uses) should read 3.6.
5.14.2 – Should be outer edge of road, not pavement.
5.16 - Cluster and workforce subdivisions
5.16.1 – Change this to be consistent with cluster workforces and subdivisions.
5.16.2.2 – There was a discussion about qualifying wetlands.
3.6 Page 15 - Dimensional requirements: change to N/A as it’s misleading.
4.3 – “The board shall issue…” needs to be changed to “Code Enforcement Officer shall issue…” and the Code Enforcement Officer will be responsible for the Completeness Review within 30 days.
Mr. Clunan suggests editing the definition of workforce housing in the LUZO to read…”housing that’s economically viable…” instead of “…more economically viable…”
Mr. Brushwein states that there is a proposal going before the Board of Selectman next week regarding an increase in fees.
Mr. Tracy will recommend to the Warrant Committee that there be a double fee for after-the-fact applications.
There are two zone changes that The Board said they would recommend to the Warrant Committee:
1. The Island Foundation: Mr. Brushwein will be responsible for the language.
2. Hall Quarry: It may make sense to look closer at elevation and contour of lines as it runs into Echo Lake. Mr. Tracy would support an expert going in to look at contour and elevation. Mr. Sevigny states The Board could take a “no support and not against” position.
Mrs. Williams would like to know if the park would care about the zoning change.
Mr. Brushwein states that no one has to be notified for a zoning change, only for removing or adding commercial uses.
A recommendation will be made to the Warrant Committee that there be a public hearing and Mr. Mr. Brushwein will suggest to Mr. Musetti that bring a topographic map and try to find the history. He will state that the Board wants more information.
VII) Adjournment
Meeting adjourned at 8:07 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, November 22, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
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