Town of Mount Desert Planning Board Approved
Minutes of December 8, 2003 12-22-03
Board Members Present Public Present
Marc Sevigny, Chairman Emil Gagliardi
James Clunan, Vice Chairman Melanie Schreiber
Samuel M. Fox III Sydney Roberts Rockefeller
Joseph Tracy Jerry Suminsby
Robert Coolidge, alt
Stephen Zirnkilton, alt
Brent Hamor, CEO; Barbara Williams, Assistant; Nancy Graves, Recording Secretary pro tem
I. The meeting was called to order at 5:03 p.m.
II. The draft minutes from the November 24, 2003 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
A. WITHDRAWN BY APPLICANT
NAME: Story Litchfield/Burnham Litchfield
LOCATION: 35 Peabody Drive, Northeast Harbor
TAX MAP: 3 LOT: 59 ZONE: SR2
PURPOSE: extend existing parking area
IV. Unfinished Business
A. Proposed LUZO and Subdivision Ordinance amendments
The second set of proposed amendments have been reviewed by Town Attorney William Ferdinand. Jerry Suminsby and Bobby Williams reported on Attorney Ferdinand’s findings and suggested that most of his changes were edits to grammar and deletion of redundancies. CEO Hamor wondered if the Town has other ordinances regarding “wetlands” and “steep slopes” - wording suggested by Attorney Ferdinand.
A Public Hearing regarding the proposed amendments is scheduled for December 15, 2003 and copies of the amendments, prior to Attorney Ferdinand’s review, have been made available to the public. Discussion followed concerning the importance of keeping the public informed and up to date on proposed amendments. Since some of Attorney Ferdinand’s changes might be considered substantive, another Public Hearing needs to be scheduled. January 5, 2003 at 4:00 p.m. with advertising December 18th and 25th was set.
Jerry Suminsby suggested a “clean” copy version of the revised ordinances would be helpful. All agreed.
Chairman Sevigny noted that this latest information needs to be presented to the Warrant Committee – draft copies will be given to the Committee on 12/16/03 after the 12/15/03 public hearing, and a final copy on 1/6/03 after the 1/5/03 public hearing.
B. Sale of Town owned Property
Several months ago the Board of Selectmen asked the Planning Board, who in turn asked the Ordinance Review Committee, to review and make a recommendation on the sale of two Town owned properties (the Old Fire House building in Northeast Harbor, and a vacant lot on Main St, Seal Harbor). After a discussion,
MOTION MADE AND SECONDED (Coolidge/Fox) AND UNANIMOUSLY CARRIED THAT THE PLANNING BOARD RECOMMENDS THE SELECTMEN NOT SELL ANY TOWN-OWNED REAL ESTATE UNTIL THE PASSAGE OF A STATE-APPROVED COMPREHENSIVE PLAN. THE PLANNING BOARD RECOMMENDS THE SELECTMEN EXTEND THE EXISTING LEASE ON THE OLD FIRE HOUSE FOR A PERIOD OF THREE YEARS.
C. Public Hearings - Conditional Use Permits Tabled from 11-24-2003
NAME: Cheryl Shields/Emil Gagliardi, Applicant
LOCATION: 1 Firehouse Lane, Northeast Harbor
TAX MAP: 24 LOT: 108-1 ZONE: VC
PURPOSE: restaurant
and
NAME: Cheryl Shields/Melanie Schreiber, Applicant
LOCATION: 2 Firehouse Lane, Northeast Harbor
TAX MAP: 24 LOT: 108-1 ZONE: VC
PURPOSE: restaurant
Discussion started with the square foot size of the areas. It was determined that the inside area for 1 Firehouse Lane is 361 sq. ft. According to the Health Inspector and Fire Marshall 15 sq. ft. should be allowed per person; therefore, 24 seats inside the restaurant (no inside seating for the gelato stand) and 46 seats outside, to be shared by the gelato stand and restaurant, would be permissible.
Mr. Gagliardi asked about the signage. He thought each business was allowed 32 sq. ft. Board agreed and the minutes of November 24, 2003 were amended to reflect same.
Board continued its review of LUZO Section 6 Standards for Uses and Issuance of Permits. Section 6.6 and 6.10 were considered. Board did not express any concerns regarding density. Noise and lighting were discussed. Mr. Gagliardi described the lighting as sconces at the doors and lighting in the trees. Chairman Sevigny quoted from Section 6.10 noting use would have to be offensive in order to not meet the standard. Board decided to use “subdued” to describe the preferred lighting arrangement. Mr. Gagliardi said there might be some background music. Board finds application in compliance with Section 6.6 and 6.10.
A VOTE WAS CALLED AND THE MOTION TO APPROVE BOTH APPLICATIONS WITH CONDITIONS AS NOTED CARRIED UNANIMOUSLY.
V. New Business
A. A. Nancy K. Ho
Tax Map 8 Lot 39, Residential 1 Zone
Somes Sound
Subdivision Pre-Application
Site Inspection: 2:00 P.M.
Site inspection was done.
B. Michael Phillips
Tax Map 24 Lot 101 Village Commercial Zone
11 Sea Street, Northeast Harbor
Subdivision – Building
Receipt of Application and Issuance of Dated Receipt
Site Inspection: 3:45 P.M.
Site inspection was done.
It was noted that the application has been received and a Dated Receipt was issued.
VI. Meeting adjourned at 5:50 p.m.
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