Board Members Present Public Present
Marc Sevigny, Chairman George W. Gilpin
James Clunan, Vice Chairman Douglas Hopkins
Heather Jones, Secretary Carole O'Donnell
Lisa Renault Noel Musson
Samuel M. Fox III, alt Mike Musetti
I) Brent Hamor, CEO; Tammy Gordon, Recording Secretary
II) The meeting was called to order at 6:00 p.m.
III) Public Hearings
Proposed Land Use Zoning Ordinance and Subdivision amendments to be included in the 2005 Town Meeting Warrant:
(A) Amend Section 3.3 Map Changes: Amended at Town Meeting March 8, 2005 change Map 5 Lot 13-1 from Shoreland Residential Two to Residential One.
Carole O’Donnell, from the Island Foundation, which owns the Azalea Gardens, would like to carve off a piece of the lot to protect them. The Foundation would like to own 25 feet, instead of the current 10 feet, to plant shrubbery and screen traffic. This property sits at least 250 feet back from the water.
Mrs. Jones notes that the requestJoelle is to change to Village Residential One, but the advertisement stated Residential One. Ms. O’Donnell was willing to amend the request to read Residential One and initialed the change on the written request. Ms. O’Donnell will get the amended request to Kim Keen, soon to be appointed CEO.
Ms. O’Donnell will send the Board a copy of the clerk certificate stating that she is authorized to conduct all business for the Island Foundation.
Dr. Fox suggests a measurement to the mean high water mark of the Northeast Harbor shoreline for Town Meeting.
Island Foundation has covenants to keep the field undeveloped to the shore.
The Board discussed the idea that this may change the neighborhood to be more nonconforming than it already is, and there may be a problem defending that at Town Meeting.
MOTION MADE TO RECOMMEND FOR THE MARCH 8, 2005 TOWN MEETING TO CHANGE MAP 5 LOT 13-1 FROM SHORELINE RESIDENTIAL TWO ZONE TO RESIDENTIAL ONE ZONE.
Condition: The request will be revised to read Residential One instead of Village Residential One and Mrs. O’Donnell will get the revised application to Kim Keene.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0. Joelle
(B) Amend Section 3.3 Map Changes: Amended at Town Meeting March 8, 2005 change Map 7 Lot 65 from Rural Woodlands Three to Residential Two and Shoreland Residential Two.
Noel Musson and Mike Musetti spoke to the Board about the proposed zone change. Mr. Musson stated that the goal is to keep shoreland zoning along the shore and to make lot 65 more consistent with the area.
MOTION MADE BY MR. CLUNAN AND SECONDED BY MRS. RENAULT TO APPROVE THE REQUEST.
The subdivision process would address the watershed issue.
Mr. Musson stated that protecting the area is not preserving any wildlife habitat as there are no wildlife quarters going through the area.
Mr. Musson had not spoken to the DOT regarding the traffic issue.
Mr. Musson states that they want to minimize the impact and the road would not go all the way to Hall Quarry Road.
George Gilpin, who has an adjoining lot, states that his deed states no cutting, and he is here representing himself and not the Road Association, which owns the road.
Mr. Musetti spoke to Fred Burrows, who set up the Macomber Pines subdivision, and Mr. Burrows thought the Road Association deed stated that Mr. Musetti could not get to the property. Mr. Musetti also spoke to Joellea Macomber Pines resident.
Mr. Sevigny suggested getting a letter from the Police Chief regarding the safety of that stretch of road before the Warrant CommitteeJoelle. Mr. Musetti spoke to the DOT some time ago and they said there could be two entrances, and Mr. Musetti would only be putting in one. Mr. Sevigny suggested Mr. Musetti get something in writing from the DOT.
Mr. Clunan states that this makes sense and is congruous. On the other hand, Hall Quarry Road services all the property and this would not be serviced by Hall Quarry Road. Mr. Clunan suggested Mr. Musetti explore gaining access to this property from Macomber Pines Road. Mr. Clunan suggested that the character of the neighborhood would be changed by this zoning change.
Dr. Fox suggested that Mr. Musetti explore all possibilities and be able to speak to this issue at Town Meeting.
Mrs. Jones stated that much of this discussion would have to be considered in great detail when a subdivision application comes before the Board.
The Board will recommend, at the March 2005 Town meeting, a change to Map 7 Lot 65 from RW 3 to Residential Two and Shoreline Residential Two, as indicated on maps provided by CES, undated, shown to the Planning Board at the November 29, 2004 public hearing
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
(C) Amend Section 4.3 of the Mount Desert Subdivision Ordinance as follows:
Section 4.3 Issuance of Dated Receipt Upon receipt of the Preliminary Plat Plan and the Application, the Board Code Enforcement Officer shall issue the subdivider a dated receipt and notify all abutters (including those across any roads) that the application has been filed. This receipt is for administrative purposes only and does not mean the application is complete or pending under the provisions of Title 1 MRSA, Section 302.
MOTION MADE BY DR. FOX AND SECONDED BY MRS. JONES TO APPROVE THE AMENDMENT.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
Mrs. Jones will call Bill Ferm, Chairman of the Warrant Committee, and confirm that the Planning Board will make its presentation at the December 14, 2004 meeting.
Per Mr. Sevigny there will be no meeting on December 27, 2004.
The Board discussed telling the Selectmen that zoning needs to be a priority.
IIII. Adjournment
Meeting adjourned at 7:16 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, December 13, 2004 in the Meeting Room, Town Hall, Sea Street, Northeast Harbor.
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