Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, February 25, 2015
Public Present
Noel Musson, Matt Hart, Ellen Kappes, Martha Dudman, Rick Mooers, Katrina Carter
Board Members Present
David Ashmore, Bill Hanley, Meredith Randolph, Vice-Chairperson Lili Andrews, Dennis Kiley
Also present was CEO Kimberly Keene, and Recording Secretary Heidi Smallidge.
Chairman Ellen Brawley called the meeting to order at 6:06 pm.
January 18, 2015: Mr. Hanley moved, with Mr. Kiley seconding to approve the Minutes as presented. Motion approved 5-0.
February 11, 2015: Mr. Kiley moved, with Mr. Hanley seconding, to approve the Minutes as presented. Motion approved 4-0.
Mr. Hanley moved to amend the agenda to conduct the public hearing first. Mr. Kiley seconded the Motion. Motion approved 5-0.
- Public Hearing: Land Use Zoning Ordinance, Land Use Zoning Map, Zoning Board of Appeals Ordinance and Rural Wastewater Treatment Support Program Amendments for May 2015 Town Meeting.
CEO Keene noted the Rural Wastewater Treatment Support Program Amendments were tabled till next year.
Noel Musson of The Musson Group noted the public hearing was necessary, as were written recommendations from the Planning Board for the Board of Selectmen. There were a number of items to review. Vice-Chairperson Andrews opened the public hearing.
Warrant Article A – “Shall an ordinance dated ________ and entitled ‘Amendments Table 3.4 of the Land Use Ordinance to clarify uses allowed without a permit, uses that need a CEO permit, uses that need a Conditional Use Approval, and Uses that are not allowed’ be enacted as follows?”
There were no questions from the public.
Mr. Kiley moved, with Mr. Hanley seconding, to recommend Article A to the Board of Selectmen. Motion approved 5-0.
Warrant Article B – “Shall an ordinance dated ________ and entitled ‘Amendment to the Land Use Zoning Ordinance regarding expansions of structures outside and within the shoreland zone’ be enacted as follows?”
Mr. Musson noted this would eliminate the volume requirement when expanding structures and only use square footage. Mr. Hanley inquired whether the outside dimensions of the building would be taken into consideration or only the footprint? Would floor space on all floors be considered? It was noted the footprint only was being considered.
There were no questions from the public.
Ms. Randolph moved, with Mr. Ashmore seconding, to recommend Article B to the Board of Selectmen. Motion approved 5-0.
Warrant Article C – “Shall an ordinance dated ________ and entitled ‘Amendment to the Land Use Zoning Ordinance to eliminate the minimum width of lot requirements and clarify access requirements for lots’ be enacted as follows?”
There were no questions from the public.
Mr. Kiley moved, with Ms. Randolph seconding, to recommend Article C to the Board of Selectmen. Motion approved 5-0.
Warrant Article D – “Shall an ordinance dated ________ and entitled ‘Amendments to the Land Use Zoning Ordinance to allow domesticated chickens in the Village Commercial and Shoreland Commercial Districts’ be enacted as follows?”
There were no questions from the public.
Ms. Randolph moved, with Mr. Ashmore seconding, to recommend Article D to the Board of Selectmen. Motion approved 5-0.
Warrant Article E – “Shall an ordinance dated ________ and entitled ‘Amendments to the Land Use Zoning Ordinance to modify the definition of Residential Dwelling One-Family’ be enacted as set forth below?”
There were no questions from the public.
Mr. Kiley moved, with Mr. Hanley seconding, to recommend Article E to the Board of Selectmen. Motion approved 5-0.
Warrant Article F – “Shall an ordinance dated ________ and entitled ‘Amendments to the Land Use Zoning Ordinance to extend the time a non-conforming use may be discontinued before looking its ability to resume’ be enacted as set forth below?”
There were no questions from the public.
Mr. Hanley moved, with Ms. Randolph seconding, to recommend Article F to the Board of Selectmen. Motion approved 5-0.
Warrant Article G – “Shall an ordinance dated ________ and entitled ‘Amendments to the Land Use Zoning Ordinance to define the area of State Mandated Shoreland Zoning’ be enacted as set forth below?”
There were no questions from the public.
Ms. Randolph moved, with Mr. Hanley seconding, to recommend Article G to the Board of Selectmen. Motion approved 5-0.
Warrant Article H – “Shall an ordinance dated ________ and entitled ‘Amendments to the Land Use Zoning Ordinance to allow accessory dwelling units on a lot’ be enacted as follows?” (This Article amends the Land Use Zoning Ordinance to allow accessory dwelling units as an exception in the districts listed and provides some performance standards to limit size.)
Warrant Article H.1 – “Shall an ordinance dated ________ and entitled ‘Amendments to the Land Use Zoning Ordinance to allow a second dwelling unit on a lot’ be enacted as set forth below?” (This Article amends the Land Use Zoning Ordinance to allow a second dwelling unit to be constructed on a lot outside the shoreland zone without meeting. Changes would not apply.)
Discussion was held regarding this Article. Mr. Musson noted applicants already have the ability to build two structures on a lot. This merely provides size limitations. Mr. Ashmore noted there was really no difference between the building and the accessory building except size. Rick Mooers noted the 75% limiting size is a good checkpoint to have. Mr. Musson felt taking the limit out left the ordinance open.
Mr. Ashmore moved, with Ms. Randolph seconding, to recommend Article H to the Board of Selectmen. Motion approved 5-0.
Warrant Article L – “Shall an ordinance dated May 5, 2015 and entitled ‘Amendments to the Town of Mount Desert Land Use Zoning Ordinance to allow mobile food vendors as a land use in the Shoreland Commercial District’ be enacted as follows?”
Mr. Kiley inquired why this was to be allowed in the shoreland commercial district only. Mr. Musson noted this would allow the Town to better regulate the situation. Only five licenses would be issued. Martha Dudman noted it was a way to explore the option of mobile food vendors and control growth for the Town’s best advantage.
Mr. Kiley moved, with Mr. Ashmore seconding, to recommend Article L to the Board of Selectmen. Motion approved 5-0.
The public hearing on the Land Use Zoning Ordinance amendments closed.
Mr. Hanley moved, with Mr. Kiley seconding, to recommend to the Board of Selectmen approval of all Warrant Article items discussed. Motion approved 5-0.
- Conditional Use Approval Application(s):
- Conditional Use Approval Application #002-2015
OWNER(S): Albert Jensen
AGENT(S): Noel Musson, The Musson Group
LOCATION: 6 Village Park Road, Somesville
TAX MAP(S): 010 LOT(S): 151-003 ZONES(S): Village Residential 1 (VR1)
PURPOSE: Section 5.6 Amendment to a previously approved CUA application #033-2014. Section 3.4 – Change of Use from Services 2 (wholly enclosed) to Services 3 (not wholly enclosed)
Mr. Hanley confirmed there was adequate public notice. It was confirmed abutters were notified. No conflict of interest was found.
Mr. Musson reported that the Planning Board had approved the shed Mr. Jensen applied for, with the condition that the shed be either green or gray to reduce its visual impact. Mr. Jensen purchased and erected a white shed. Mr. Musson is requesting the Board reconsider the condition they placed on the application with regard to color.
Additionally, Mr. Musson noted the lot is considered Services 2. Mr. Musson would like to have that changed to Services 3. CEO Keene noted that at the time the lot was deemed Services 2, Services 3 was not allowed.
Mr. Kiley noted that with regard to the color of the shed, white is a conspicuous color. He would not be inclined to change his mind about the color. He suggested the shed could be painted a more acceptable color.
Mr. Randolph inquired whether there were any repercussions for Mr. Jensen’s erecting the shed. CEO Keene noted that normally such an action would result in a violation, however Mr. Musson filed immediately for an amendment request. CEO Keene gave the applicant the opportunity before the Board before she wrote up the violation.
Mr. Musson inquired whether the Board was suggesting they would feel differently about allowing the amendment if the shed were not already up. The Board assured him that would make no difference in their opinion. Mr. Musson asked where specifically in the ordinance did it allow the Planning Board to dictate the color of a structure. The Board felt that Section 6A.1, Compatibility, allowed them to dictate a color that was compatible to the area.
With regard to the change of use from Services 2 to Services 3, after some discussion, the Board agreed the application was not complete enough to determine the question of the change of use. The Board requested more information regarding specific sites for material storage and buffer areas.
Mr. Hanley moved, with Mr. Kiley seconding, to table the application to the next scheduled Planning Board meeting. Motion approved 5-0.
Mr. Kiley moved, with Ms. Randolph seconding, to adjourn the meeting. Motion approved 5-0.
The meeting was adjourned at 8:34pm.
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