Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, April 8, 2015
Public Present
Rick Mooers, Philip Heckscher, Jason Watson, Herb Watson
Board Members Present
Lili Andrews, Bill Hanley, David Ashmore, Chairman Ellen Brawley, Dennis Kiley
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.
March 25, 2015: It was noted that Chairman Brawley, Bill Hanley, David Ashmore, and Lili Andrews were the voting members present at this meeting. Mr. Hanley moved, with Mr. Ashmore seconding, to approve the Minutes as presented. Motion approved 4-0.
March 31, 2015: It was noted that Bill Hanley, Lili Andrews, David Ashmore, and Dennis Kiley were the voting members present at this meeting. Mr. Hanley moved, with Mr. Kiley seconding, to approve the Minutes as presented. Motion approved 4-0.
- Conditional Use Approval Application(s)
- Conditional Use Approval Application #028-2014
OWNER(S): Philip Heckscher
LOCATION: 31 Jordan Pond Road, Seal Harbor
TAX MAP: 031 LOT(S): 055 ZONE(S): Village Residential One (VR1)
PURPOSE: Section 6B.8(2) Fences and Walls – Height exceeding CEO’s Authority
SITE INSPECTION: 3:00 PM
No conflict of interest was found. Ms. Andrews confirmed adequate public notice and notification of abutters.
Mr. Kiley moved, with Mr. Ashmore seconding, to find the application complete. Motion approved 5-0.
Mr. Hanley reported on the site visit. In attendance were the owner and an abutter from across the street. They walked the east end of the lot. The proposed fence would run the south property line to the north property line, replacing a fence currently there. The fence will be approximately 8 feet in height. It will be approximately 90 feet long. It was noted the neighbor at the back of the property had no problems with the fence. Mr. Heckscher noted the fence was a cedar fence with lattice at the top.
There were no comments from the public. The public hearing was closed.
Mr. Hanley moved, with Ms. Andrews seconding, to approve the application.
Mr. Kiley moved, with Ms. Andrews seconding, to use the short form. Motion approved 5-0.
A review of the checklist was made and it attached to these Minutes.
Motion to approve the application was CARRIED 5-0.
- Conditional Use Approval Application #005-2015
OWNER(S): MDI Tree Service & Landscape
APPLICANT: Jason Watson
LOCATION: Village Park, Somesville
TAX MAP: 010 LOT(S): 151 ZONE(S): Village Residential One (VR1)
PURPOSE: Section 3.4 – Services 3 (not wholly enclosed)
SITE INSPECTION: 3:30 PM
- Conditional Use Approval Application #006-2015
OWNER(S): MDI Tree Service & Landscape
APPLICANT: Jason Watson
LOCATION: Village Park, Somesville
TAX MAP: 010 LOT(S): 151-005 ZONE(S): Village Residential One (VR1)
PURPOSE: Section 3.4 – Services 3 (not wholly enclosed)
SITE INSPECTION: 3:45 PM
Ms. Andrews confirmed there was adequate public notice for both applications, and notification of abutters was confirmed. No conflict of interest was found.
Mr. Hanley moved, with Mr. Kiley seconding, to find Application #005-2015 complete. Motion approved 5-0
Mr. Kiley moved, with Mr. Hanley seconding, to find Application #006-2015 complete. Motion approved 5-0.
Chairman Brawley moved, with Mr. Hanley seconding, to review for approval both applications concurrently. Motion approved 5-0.
Mr. Kiley reported on the site visit. He attended with Chairman Brawley, Mr. Hanley, Jason Watson and Bobbi Williams. Mr. Kiley noted there was parking to the right of the shop. Woodchips, logs, and a sawmill are at the site. Vehicles and machinery were behind the shop. There were not many neighbors. No chipping occurs on site. Only occasional sawmill use occurs on site. The area around the shop is sheltered and heavily wooded. The resident nearest the shop is Mr. Watson’s mother. It was noted no feedback from the public was received by the Town.
The shop had been operating until a fire destroyed it. While planning to rebuild, Mr. Watson discovered the lots were not commercially zoned. Mr. Watson is requesting the lots be zoned Services 3.
Mr. Kiley moved, with Mr. Hanley seconding, to approve applications 005-2015 and 006-2015.
Mr. Kiley moved, with Mr. Hanley seconding, to use the short forms for applications 005-2015 and 006-2015. Motion approved 5-0.
A review of applications 005-2015 and 006-2015 were made and are attached to these Minutes.
Motion to approve applications 005-2015 and 006-2015 was approved 5-0.
- Subdivision Application(s) – Completeness Review:
Subdivision # 001-2015
OWNER(S): NEH Marketplace, LLC
LOCATION: 131 Main Street, Northeast Harbor
TAX MAP: 024 LOT: 081-001
ZONING DISTRICT: Village Commercial (VC)
PURPOSE: A division accomplished by sale, lease, development, buildings or otherwise. The term “subdivision” also includes the division of a new structure or structures on a tract or parcel of land into 3 or more dwelling units within a 5-year period, the construction or placement of 3 or more dwelling units on a single tract or parcel of land, and the division of an existing structure or structures previously used for commercial or industrial use into 3 or more dwelling units within a 5-year period.
Mr. Hanley requested to be recused from the meeting. Chairman Brawley moved, with Ms. Andrews seconding, to accept Mr. Hanley’s recusal. Motion approved 4-0.
Mr. Hanley reported on the proposed subdivision. He noted the sewer main cuts through the property. Public Works Director Tony Smith has requested that the sewer line be TV’d and that two manholes be installed. The line requires a 20-foot easement along the length of the sewer line where construction is prohibited. Mr. Hanley intends to amend the plans to show the manholes, however he prefers to get an engineer to review it first.
Mr. Kiley moved, with Mr. Ashmore seconding, to find the application complete.
A review of the application was made and is attached to these Minutes.
Mr. Kiley moved, with Chairman Brawley seconding, that the requirements of section 4.2.1 are complete. Motion approved 4-0.
Mr. Kiley moved, with Mr. Ashmore seconding, to find the requirements of section 4.2.2 complete. Motion approved 4-0.
Mr. Kiley moved, with Mr. Ashmore seconding, to find the requirements of section 4.2.3 complte. Motion approved 4-0.
The Board then reviewed the General Requirements of the application.
5.1: Mr. Ashmore moved, with Mr. Kiley seconding, that the screening shown on the plan is adequate to satisfy Section 5.1. Motion approved 4-0.
5.2: Chairman Brawley moved, with Mr. Kiley seconding, that all State, Federal, and local permits will be obtained in compliance with Section 5.2. Motion approved 4-0.
5.3: Chairman Brawley moved, with Mr. Kiley seconding, to find Section 5.3 Not Applicable. Motion approved 4-0.
5.4: Chairman Brawley moved, with Mr. Kiley seconding, to find Section 5.4 in compliance, see Application. Motion approved 4-0.
5.5: Mr. Kiley moved, with Mr. Ashmore seconding, to find Section 5.5 in compliance, see Application. Motion approved 4-0.
5.6: Chairman Brawley moved, with Mr. Kiley seconding, to find Section 5.6 in compliance, see Application. Motion approved 4-0.
5.7: Chairman Brawley moved, with Mr. Kiley seconding, to find Section 5.7 in compliance, see Application. Motion approved 4-0.
5.8: Mr. Kiley moved, with Mr. Ashmore seconding, to find Section 5.8 in compliance, see Application. Motion approved 4-0.
5.9: Mr. Kiley moved, with Mr. Ashmore seconding, to find Section 5.9 in compliance, see Application. Motion approved 4-0.
5.10: Mr. Kiley moved, with Mr. Ashmore seconding, to find Section 5.10 in compliance, see Application. Motion approved 4-0.
5.11: Mr. Kiley moved, with Mr. Ashmore seconding, to find Section 5.11 in compliance, see Application. Motion approved 4-0.
5.12: Mr. Kiley moved, with Mr. Ashmore seconding, that approval is contingent upon receiving a proposal from the Applicant satisfactory to the Planning Board and the Municipal Officers to satisfy Section 5.12. Motion approved 4-0.
5.13: Mr. Kiley moved, with Mr. Ashmore seconding, to find Section 5.13 Not Applicable. Motion approved 4-0.
5.14: Mr. Kiley moved, with Mr. Ashmore seconding, to find Section 5.14 Not Applicable. Motion approved 4-0.
5.15: Mr. Kiley moved, with Mr. Ashmore seconding, to find Section 5.15 Not Applicable. Motion approved 4-0.
A discussion of Section 6A was held. Mr. Kiley moved, with Mr. Ashmore seconding that 6A was applicable; see application. Motion approved 4-0.
Mr. Kiley moved to find the application complete contingent on an amendment to Section 5.12 of the application. Motion approved 4-0.
Discussion ensued regarding the next scheduled quarry meeting and its continuance.
Ms. Andrews moved, with Mr. kiley seconding, to adjourn. Motion approved 4-0.
The meeting was adjourned at 7:29 pm.
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