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Planning Board Meeting Minutes - 12/13/04
Board Members Present                   Public Present
Marc Sevigny, Chairman                  Stephen Salsbury
James Clunan, Vice Chairman             Mark Garland
Heather Jones, Secretary                        Matthew Morehouse
Joseph Tracy                                    Alice Carter
Samuel M. Fox III, alt                  

Kim Keene, CEO; Barbara Williams, Assistant; Tammy Gordon, Recording Secretary

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

II.     The draft minutes from the November 22, 2004 and November 29, 2004 meetings were unanimously approved as amended.

The Recording Secretary will email the minutes to Mrs. Jones and Mr. Clunan, before emailing them to Joelle, for the next 4 or 5 meetings.

Mr. Sevigny welcomed Kim Keene.
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III.    Public Hearings - Conditional Use Permit Applications
A.~~~~~~NAME:~ Tad Templeton
LOCATION:~ Summit Rd, Northeast Harbor
TAX MAP:~ 25~~~~ LOT:~ 45~~~~ ZONE:~ Village Commercial
PURPOSE:~ Single family dwelling in commercial zone
SITE INSPECTION:~ 3:30 p.m.

        It was confirmed the notice was published in the Bar Harbor Times.

        No conflict of interest was reported.

Kim Keene has a letter authorizing Mark Garland to be the applicant’s agent.  Mr. Garland was at the meeting to speak for the applicant.

Mrs. Jones changed the application, as Mr. Templeton did not attend the Planning Board meeting.  Mr. Garland initialed the change on the application.  

Site Inspection reported by Mrs. Jones:  There is a current foundation in place.  John Brushwein, Deputy CEO, gave a permit to build a garage with an apartment above it and then realized that it was zoned Village Commercial and needed to come before the Planning Board for a permit for residential use in a commercial zone.  The foundation meets the Village Commercial setbacks, as well as, the Village Residential 1 which is the adjacent zone.  

The long-range plan is to build a house attached to the garage and overhead apartment.  It will ultimately be a 2 family dwelling.  Mr. Templeton would like to do the house piece now, although it’s not necessary that the Planning Board complete this piece now.

Ms. Keene stated that Village Residential 1 requires 10,000 square feet, and Mr. Templeton has 19,000 square feet.  

It is a completely cleared lot.

        MOTION MADE AND SECONDED TO APPROVE THE APPLICATION [Tracy/Clunan]

Mrs. Jones stated that the application was advertised as a single-family residence; Mr. Sevigny stated that the Board is only approving the application for the purpose of allowing Map 25 Lot 45 to be zoned residential use in a commercial zone.

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

V.      New Business
A.      NAME:~ Julia R. Palmer and Lansing R. Palmer, Trustees
LOCATION:~ 18 Gray Farm Road
TAX MAP:~ 11~~~~ LOT:~ 69~~~~ ZONE:~ Rural Woodland 3
PURPOSE:~ land subdivision, sketch plan review
SITE INSPECTION:~ 2:30 p.m.

        It was confirmed the notice was published in the Bar Harbor Times.

Site Inspection reported by Mrs. Jones:  The land has two homes on it and Mrs. Palmer apparently wants to create a 7-lot subdivision to give to her family.  DEP will be at the site December 14, 2004 to do a wetland delineation.  John Brushwein, Kim Keene, and Steve Salsbury [surveyor] will attend the onsite inspection.   Per Ms. Keene, the pond looks like it’s feeding into the wetlands towards Pretty Marsh.  The site is a registered tree farm with a one-lane dirt road that the proposed subdivision lot would follow much of the way.  Lot seven is 12.7 acres.

Two issues that may come up later are road frontage and the DEP determination of the water body.

Steven Salsbury will begin the formal application process.

B.      Matthew Morehouse
        Tax Map 9  Lot 93-1  Zone Residential 1
        92 Beech Hill Cross Rd, Mt Desert
        
        Mr. Matthew Morehouse was previously issued a permit to erect a carport with the stipulation that it not be used for commercial purposes.  Mr. Morehouse would like to use the carport, in the summer, to store business items.

Mr. Sevigny advised Mr. Morehouse to think of any projected uses for the property for the next year so he would not have to come back before the Board as the Board needs complete information to make informed decisions.  

Mr. Morehouse stated that his intent in June was a comprehensive business plan, but his business is not static.  

Mr. Morehouse needs to begin the application process for the building to be used for commercial purposes.

C.      Paul & Teresa Cecere
        Tax Map 7  Lot 77  Zone Residential 2
        153 Hall Quarry Rd, Mt Desert
        Kim Keene reported on signage for Pectic Seafood in Hulls Cove.  Pectic has a fish, the words “Pectic Seafood” and the words “Yes we’re open” on their mailbox.  Per the USPS website, advertising on a mailbox or support is prohibited.  Ms. Keene called Steve Pelletier, USPS, who has not yet returned her call.

Mrs. Jones reported that neither Pectic nor Scott Baltz, who also has a sign on his mailbox; do not receive their mail at their box.  

Mr. Sevigny stated that his understanding is that the mailboxes are there to be used as signs and they are using the law regarding mailboxes to circumvent the prohibition of signs on that street.  The only thing the Post Office needs in order to know where to drop mail is “Pectic Seafood”, so anything else is a sign.

Mr. Tracy would like to wait to see what the Feds do.  Ms. Keene will send the picture of Pectic Seafood’s mailbox to Steve Pelletier, and ask him to look at Scott Baltz’s mailbox as well.  Ms. Keene will give him one week to respond, and if he doesn’t respond by Monday, December 20, 2004, she will send Pectic Seafood a letter stating that the Board has decided that everything except the “Pectic Seafood” on the mailbox is a sign and needs to come down.

D.      Mrs. Jones and Mr. Clunan will present the changes to the ordinance and the zone        changes at the Warrant Committee Meeting December 14, 2004.

E.      Dr. Fox would like to withdraw after this term ends at the end of March.  Mr. Sevigny   spoke   to Stephen Zirnkilton and Mr. Zirnkilton would like to be replaced, as his work does    not allow him   to attend meetings.

VI.     Adjournment
        MOTION MADE AND SECONDED TO ADJOURN [Tracey/Fox]

Meeting adjourned at 7:49 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., January 10, 2005.