Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, March 11, 2015
Public Present
Elaine Fernald, Allen Fernald, Noel Musson, Ellen Kappes, Moorhead Kennedy, Helen Koch, John Collier
Board Members Present
Chairman Ellen Brawley, David Ashmore, Bill Hanley, Lili Andrews, Meredith Randolph
Also present was CEO Kimberly Keene, and Recording Secretary Heidi Smallidge.
Chairman Ellen Brawley called the meeting to order at 6:02 pm. The voting members were noted and it was determined there was a quorum. Ms. Andrews confirmed adequate public notice. Notification of abutters was deemed unnecessary. No conflict of interest was found.
No minutes were approved at this time.
- 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.
Noel Musson pointed out that the Board had already reviewed the proposed amendments to the Land Use Zoning Ordinance. Since the last review there had been some changes proposed by the DEP. In addition to changes proposed by the DEP, Mr. Musson planned to discuss with the Board the question of footprint under the non-conforming shore frontage section of the LUZO as well as the question of road frontage requirements.
The revisions to the warrant articles are as follows:
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?
Mr. Musson noted this change merely clarifies the allowed uses table. There were no comments.
Warrant Article B – Shall an ordinance dated ________ and entitled “Amendments to the Land Use Zoning Ordinance to expansions of structures outside and within the shoreland zone” be enacted?
Mr. Musson noted this addresses expansion rules for non-conforming structures inside and outside the shoreland zone. This article also addresses changes to the Maine State mandated Shoreland Zoning rules.
Chairman Brawley asked about Section 2A, and whether a building closer to the water can be expanded. Mr. Musson noted it could not, per the DEP.
There were no further comments.
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?
Mr. Musson noted this eliminates the road width requirement for the Town and ensures access requirements are in place. Driveways will require a 20-foot wide right of access and roads will require a 50-foot wide right of access, or a combination thereof. There was also some clarification of the notes on this Warrant as well. Changes to minimum width of right of way and definitions were also included.
Mr. Musson noted that a lot that did not conform to these amendments would be considered a non-conforming lot and would have to abide by the rules of a non-conforming lot.
There were no questions.
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?
Mr. Musson noted that this article extends the amount of time a non-conforming use can be inactive and non-conforming use still be allowed to resume.
There were no questions.
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?
Mr. Musson noted this article addresses some changes under the table of use.
There were no questions.
For the benefit of the public in attendance, Mr. Musson reviewed other issues going before the Town. There were no questions or comments from the public regarding these issues.
In answer to Mr. Hanley’s question a second dwelling unit within the shoreland zoning was currently not allowed.
Chairman Brawley inquired about the mobile vendors. Mr. Musson noted that the licensing for mobile vendors would be approved through the Selectmen, so it was not something the Planning Board would vote on. Currently the DEP was reviewing the amendment, and may set conditions.
Mr. Hanley moved, with Ms. Randolph seconding, to recommend to the Board of Selectmen Articles A, B, C, F, and H as amended. Motion approved 5-0.
Mr. Hanley moved, with Ms. RANDOLPH SECONDING, to adjourn. Motion approved 5-0.
The meeting was adjourned at 6:47pm.
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