Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, March 25, 2015
Public Present
Daniel Riley, John Lemoine, Noel Musson, Sam Shaw, Ted Bromage, Greg Johnston, Story Litchfield, Laurie Riley
Board Members Present
David Ashmore, Bill Hanley, Chairman Ellen Brawley, Lili Andrews
Also present was CEO Kimberly Keene, and Recording Secretary Heidi Smallidge.
Chairman Ellen Brawley called the meeting to order at 6:03 pm. The voting members were noted and it was determined there was a quorum. Ms. Andrews confirmed adequate public notice. No conflict of interest was found.
February 25, 2015: It was noted that Mr. Ashmore, Mr. Hanley, and Ms. Andrews were present. Mr. Hanley moved, with Mr. Ashmore seconding, to approve the Minutes. Motion approved 3-0.
March 5, 2015: Ms. Andrews mentioned a couple questions she had regarding a Motion Mr. Kiley made. It was agreed to table the Minutes till Mr. Kiley was present.
March 11, 2015: Mr. Hanley moved, with Mr. Ashmore seconding, to approve the Minutes as presented. Motion approved 4-0.
- Subdivision (#001-2015) – Sketch Plan
Chairman Brawley suggested taking the Agenda items out of order to address Item IV, the Subdivision Sketch Plan, first. Ms. Andrews moved, with Mr. Ashmore seconding, to address Item IV, Subdivision Sketch Plan, first. Motion approved 4-0.
Mr. Hanley requested he be recused from the discussion as agent for the Applicant. Ms. Andrews moved, with Mr. Ashmore seconding, to accept Mr. Hanley’s RECUSAL AS agent for the applicant. Motion approved 3-0.
Mr. Hanley, representing Sam Shaw and his marketplace development, presented the sketch plan review. The development Mr. Shaw is planning will have multiple uses. At this point in the process Mr. Hanley is looking for feedback relative to the design of the property. Mr. Hanley noted that the lot spans from Tracy Road to Main St. There will be retail, residential, and restaurant use on the site. The site plan presented denoted the different uses on the site. In addition, approximately 14 parking spots will be added in the downtown area. Open green spaces and kiosks for retail use are planned. Above the restaurant will be four apartment units. There are three stand-alone buildings on the proposed site. Outdoor seating is planned as well. A site for trash
storage and propane storage, as well as parking will be near the Tracy Road end of the lot. Mr. Hanley noted there have been preliminary plan reviews with the Fire Marshall and Fire Chief, as well as with CEO Keene. Discussion with the Public Works Director will ensue regarding concerns with the sewer line in the area. Ms. Andrews suggested bicycle parking.
Mr. Hanley noted they had not yet decided on the exterior looks of the buildings, however, they envision a traditional look that will blend with the Town.
The Planning Board agreed that the plans so far were excellent. It was noted a site visit was scheduled for April 2, and a Completeness Review meeting scheduled for April 8. It was noted the site visit would be considered a meeting, and a quorum of Planning Board members were required.
Ms. Andrews. Moved, with Mr. Ashmore seconding, to allow Mr. Hanley re rejoin the Planning Board. Motion approved 3-0.
- 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: 010 LOT(S): 151-003 ZONE(S): Village Residential 1 (VR1)
PURPOSE: Section 3.4 – Change of Use from Services 2 (wholly enclosed) to Services 3 (not wholly enclosed)
SITE INSTPECTION: 2:45 PM
It was confirmed there was adequate public notice. Abutters were notified. No conflict of interest was found.
Chairman Brawley noted Mr. Musson had new sketch plans, and would be addressing the question of the tent’s color.
Mr. Ashmore reported on the site plan visit. He noted there was currently outdoor storage, in addition to the storage under the tent. Additional storage was around the tent. The snow hid the ground, but it was steep both in front of the building and behind. There were several employee cars on the site. Chairman Brawley noted that the equipment was visible from Village Park Way, although it was not too visible from Route 102. The tent was going to be painted gray.
Mr. Musson reiterated the operation was a basic carpentry shop. Outdoor materials are stored until they can be processed in the shop, then delivered to the job site. Mr. Musson noted a trailer and a lift are currently at the property, however, these are often at a job site. Mr. Musson has included in his site plan some potential storage sites on the property.
Mr. Musson noted there is buffering between the site and the Maine Coast Heritage Trust property facing Route 102. The property also slopes steeply, making additional planting difficult. Three parking spaces were delineated on the site plan.
Storage on site would never be large piles of materials. Discussion of the equipment Mr. Jensen owned ensued. CEO Keene suggested allowing construction equipment, and list the types of equipment and materials allowed. Limiting stored materials to a height would make it difficult to enforce.
Mr. Musson noted the Board may want to make it clear that the approval was for a carpentry business and set definite conditions. Approving a carpentry business will ensure a future owner wanting to change operations will have to return for approval regarding proposed changes.
Mr. Hanley inquired about additional screening. Mr. Musson noted the buffering from Maine Coast Heritage Trust was relatively thick. There is also a stream in the buffered area, so the trees can’t be removed.
There were no comments from the public.
Mr. Hanley moved, with Mr. Ashmore seconding, to approve the application.
Mr. Hanley moved, with Mr. Ashmore seconding, to use the short form. Motion approved 4-0.
A review of the checklist was made and is attached to these Minutes.
A VOTE WAS CALLED AND THE MOTION TO APPROVE with conditions CARRIED 4-0.
Permit Conditions:
- Use is for Services 3 – Carpentry Use Only.
- Equipment will be stored only in area as shown on site plan dated 3/25/2015 showing the approximate equipment storage area.
- Conditional Use Approval Application #003-2015
OWNER(S): Town of Mount Desert/Northeast Harbor Marina
AGENT(S): Daniel J. Riley
LOCATION: 40 Harbor Drive, Northeast Harbor
TAX MAP: 024 LOT(S): 148 ZONE(S): Shoreland Commercial (SC)
PURPOSE: Section 3.4 & 6C.7 – Marine Structure – Adding new floats to north end of existing float system
SITE INSPECTION: 4:15 PM
It was confirmed that adequate public notice was given. Abutters were notified. There was no conflict of interest found.
Mr. Hanley moved, with Mr. Ashmore seconding, to find the application complete. Motion approved 4-0.
Mr. Hanley reported he and Chairman Brawley attended the site inspection. Mr. Hanley reported a longer “T” end of the float on would be created to berth the Sunbeam. This change would free congestion at the commercial float. The new, longer end would be better for the Sunbeam as well. The change would add two more slips and extra dock space for the commercial fishermen.
Ted Bromage, a resident of Mount Desert, voiced support for the new float.
The public comment was closed.
Ms. Andrews moved, with Mr. Ashmore seconding, to use the short form. Motion approved 4-0.
Mr. Hanley moved, with Mr. Ashmore seconding, to approve the application.
A review of the checklist ensued and is attached to the Minutes.
A VOTE WAS CALLED AND THE MOTION TO APPROVE without conditions carried 4-0.
- Conditional Use Approval Application #004-2015
OWNER(S): Forrest Berkley & Marcie Tyre, Trustees
AGENT(S): Greg Johnston, G.F. Johnston & Associates
LOCATION: 79 Harborside Road, Northeast Harbor
TAX MAP: 005 LOT(S): 014-006 ZONE(S): Shoreland Residential 1 (SR1)
PURPOSE: Section 3.4 & 6C.7 – Marine Structure – Pier, Ramp & Float.
SITE INSPECTION: 3:30 PM
Ms. Andrews confirmed adequate public notice. Abutters were notified. No conflict of interest was found.
Mr. Hanley moved, with Mr. Ashmore seconding, to find the application complete. Motion approved 4-0.
Mr. Hanley attended the site visit with Chairman Brawley and Greg Johnston, agent for the owners. Mr. Hanley reported the road is very steep. He noted the sewer main is above ground on the path. The application is for a float. The pier construction is a float and a ramp, with a short section of fixed pier length.
Mr. Johnston stated the location of the pier was chosen to avoid a rockweed outcropping, and to avoid the peninsula that would have pushed the pier further out into the water. There are no trees to cut, although some trees will need to be limbed up. Mr. Hanley noted that extending the ramp further out would not provide more depth.
Mr. Johnston noted there will be times at low tide when the pier will be in the mud. The owners planned to use the pier primarily for kayaks and small boats, as well as occasional larger boat tours of outlying areas. A larger boat would not be at the pier for long periods of time.
Ms. Andrews inquired whether the pier had been approved by the Army Corps of Engineers and the DEP. Mr. Johnston noted the Army Corps and the DEP have not signed off on the plans. The Army Corps of Engineers are reviewing the plans, Mr. Johnston has been in discussions with the DEP, and Inland Fisheries have reviewed the plans and commented. Those comments are included in the application. In addition Mr. Johnston noted the ground in the area of the pier is a mud and cobblestone mix.
There were no comments from the public. Chairman Brawley closed the public hearing.
Mr. Hanley moved, with Mr. Ashmore seconding, to approve the application.
Mr. Hanley moved, with Mr. Ashmore seconding, to use the short form. Motion approved 4-0.
A review of the checklist was made and is attached to these Minutes.
A VOTE WAS CALLED AND THE MOTION TO APPROVE WITH conditions CARRIED. 3-1 (Andrews).
Permit Conditions:
- Applicant shall obtain permits from the Army Corps of Engineers & DEP.
Discussion ensued regarding the next scheduled quarry meeting and its continuance.
Ms. Andrews moved, with Mr. Hanley seconding, to adjourn. Motion approved 4-0
The meeting was adjourned at 8:30 pm.
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