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Planning Board Meeting Minutes - 12/18/03
Town of Mount Desert Planning Board                                             Approved
Minutes of December 18, 2003                                                             01-12-04


Board Members Present   Public Present
Samuel M. Fox III                       Sydney Roberts Rockefeller
Joseph Tracy                    Jerry Suminsby (Selectman ORC Liaison)
Robert Coolidge, alt            Patrick Smallidge
                                        Allan Kane
                                        Katrina Carter
                                        Robert Collins
                                        Cory P.
                                        Tom Falt

Brent Hamor, CEO.


I.      The meeting was called to order at 4:00 p.m.

II.             Public Hearing:
Proposed changes to the Land Use Zoning Ordinance and Subdivision Ordinance
LUZO Sections 3.3, 3.6 and 15
Subdivision Ordinance Sections 5.A, 5.A.1

        No conflict of interest was reported.  The members present are the voting members for this hearing.

MOTION MADE AND SECONDED TO APPROVE THE MAP CHANGES TO THE LAND USE ZONING ORDINANCE (LUZO) (Fox/Tracy).

Minor discussion followed as to why the map changes were being made. It was determined that the lots in question do not have shore frontage and should be removed from Shoreland Zoning.

A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0.

Board agreed that the remainder of the changes to the LUZO and the Subdivision Ordinance would not be voted on tonight. There had been changes to the proposal since the meeting was advertised, so the public meeting on these changes has been rescheduled until January 5, 2003 at 4:00pm.

There was a lot of discussion both from the board and the public as to what Workforce Housing was and why there was no definition in the ordinance.  Selectman Suminsby, Liaison to the ORC, stated they (ORC) didn't believe they needed a definition as it could change with circumstances. Board member Tracy pointed out that if the wording "Workforce Housing" was going to be used throughout the document it had to be defined to avoid confusion later on. The definition was added.

The public was very vocal on the "Qualified Workforce Housing Entity" that has to be a part of any subdivision that will be for Workforce Housing. A lot of concern was raised as to why an individual could not develop Workforce Housing on his own, without bringing in an outside entity. Some of the Board members agreed that an individual should be able to be on his own with the proper deed covenants. Mr. Suminsby had real concerns and was uncomfortable with the Board members making a change such as this. He stated that the ORC worked very hard on this and decided that a third party needed to be involved to make this work. He didn't feel that the Planning Board could make such a change without consulting Bobby Williams, part time planner for the Town. Some members of the public offered suggestions as how deed covenants had been used very successfully in other communities. They felt they would trust an individual just as much as a "Qualified Workforce Housing Entity", provided that the Planning Board review the covenants as required in §5.16.2.3.e.  Board members present decided they would not be comfortable making this change without the entire Board.

There was also concern that mixed use might not be allowed within the Open Space Development along with Workforce Housing. Some members of the public wanted to know if only a portion of the property could be set aside for Open Space development and the rest of the property be developed at a later date in the same or a different way. For example could 5 acres from a 15 acre lot be developed under the Open Space Development either with or without Workforce Housing and the remaining 10 acres be used at a later date for something else. There was no clarification on this issue.

There was a change made to the requirement that the housing be available to only families living in Town year-round and working on MDI. It was decided they only need be year-round working family regardless where they worked.

The public was a little disappointed that the changes did not address infill or mixed use buildings in the existing communities. They felt that this was as, if not more, important than the Open Space Development. They felt some of the in-town lots could be developed easier and with more benefit, than the rural areas.

III.    Meeting adjourned at 6:25 p.m.