Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, May 13, 2015
Public Present
Basil Mahaney, Matthew Elliott, Greg Johnston, Sam Shaw, Noel Musson, Lelania Avila, Ellen Kappas, Erika Mitchell
Board Members Present
Bill Hanley, Dennis Kiley, Meredith Randolph, David Ashmore, Lili Andrews
Also present was CEO Kimberly Keene, and Recording Secretary Heidi Smallidge.
Ms. Andrews called the meeting to order at 6:07 pm.
April 22, 2015: Voting members were Ms. Andrews, Ms. Randolph, and Mr. Kiley. Ms. Andrews moved, with Mr. Kiley seconding, to approve the Minutes as presented. Motion approved 3-0.
The first business of the meeting was to elect a Chairman, Vice-Chairman, and Secretary. Ms. Andrews moved, with Mr. Kiley seconding, to elect Mr. Hanley as Chairman of the Planning Board. Motion approved 5-0.
Ms. Andrews moved, with Chairman Hanley seconding, to appoint Meredith Randolph to fill the Regular Member term of 2015 – 2018, and Dennis Kiley to fill the Alternate Member term of 2014 – 2017. Motion approved 5-0.
It was noted the Board was short a regular member and an alternate member.
Chairman Hanley moved, with Mr. Kiley seconding, to elect Ms. Andrews as Vice Chairperson. Motion approved 5-0.
It was deemed that a Planning Board Secretary was not necessary at this time.
- Subdivision Application(s) – Public Hearing:
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.
Chairman Hanley requested recusal. Ms. Andrews moved, with Mr. Kiley seconding, to accept Chairman Hanley’s recusal. Motion approved 5-0.
Ms. Andrews confirmed adequate public notice. Abutters were notified. No conflict of interest among the voting members was found. The voting members were noted. It was noted that Ms. Randolph was not present at the previous meeting discussing this project, nor had she listened to the tapes, so she would not be a voting member for this item.
Mr. Hanley presented plans for the development to the Planning Board, and described the project.
Ms. Andrews asked for public comments.
Lelania Avila, a resident living across the street from the project, noted she was in favor of the project. Erika Mitchell agreed she was also in favor of the project.
There were no further comments. The public hearing was closed.
Mr. Hanley noted the submittals requested at the last meeting were submitted.
Ms. Andrews inquired whether the financial capacity statement submitted to the Town needs to be approved by the Town. CEO Keene noted it had to be approved by the Town Manager, and can be made a condition for approval. She added Mylar copies of the plan would have to be submitted and signed by the Planning Board as well.
Mr. Kiley moved, with Mr. Ashmore seconding, to find the application complete. Motion approved 3-0.
Mr. Kiley moved, with Mr. Ashmore seconding, to approve the application subject to Section 5.12 approval by the Town Manager. Motion approved 3-0.
Mr. Hanley rejoined the Planning Board.
- Conditional Use Approval Application(s):
- Conditional Use Approval Application #007-2015
OWNER(S): Town of Mount Desert
APPLICANT(S): Northeast Harbor Ambulance Service
LOCATION: 21 Sea Street, Northeast Harbor
TAX MAP: 024 LOT(S): 097 ZONE(S): Village Commercial (VC)
PURPOSE: Section 3.4 – Municipal Activities – Adding a bed in the Northeast Harbor Ambulance Service office for on-duty staff to rest while working night shifts.
SITE INSPECTION: 4:00 PM
Adequate public notice was confirmed. Abutters were notified. No conflict of interest was found. Basil Mahaney, of the Ambulance Service, reported that the office was a nine by eight room with no windows. People on night shift currently had to be people living near the office in order to be able to respond quickly. Having a bed would allow others living further away to take the night shift.
No Planning Board members attended the site visit.
Ms. Andrews moved, with Mr. Kiley seconding, to use the short form. Motion approved 5-0.
Ms. Andrews moved, with Mr. Kiley seconding, to find the application complete. Motion approved 5-0.
Mr. Kiley moved, with Ms. Andrews seconding, to approve the application.
A review of the checklist was made and is attached to these Minutes.
Motion to approve the application was approved 5-0.
- Conditional Use Approval Application #008-2015
OWNER(S): Southerly LLC
AGENT(S): Greg Johnston, G.F. Johnston & Associates
Noel Musson, The Musson Group
LOCATION: 127 Cooksey Drive, Seal Harbor
TAX MAP: 127 LOT(S): 028-001 ZONE(S): Shoreland Residential Two (SR2) and Resource Protection (RP)
PURPOSE: Section 3.4 – Excavation or Filling of > 150 cubic yards
SITE INSPECTION: 3:00 PM
No conflicts of interest were found. Adequate public notice was confirmed. Abutters were notified.
Ms. Andrews and Chairman Hanley attended the site visit. Ms. Andrews reported on the site visit. They met Noel Musson on the site. The applicant hopes to use fill to create a lawn on their property. This will necessitate a temporary construction road that crosses over drainage from the property. In addition, rocks will be moved to create a retaining wall. A garden area, and a landscaped wall surrounding the lawn area. It was noted the proposed site will not be within the 75 foot setback area.
Greg Johnston, of G.F. Johnston & Associates, noted that approximately 833 cubic yards of soil would be brought in. Noel Musson of The Musson Group described the work proposed. He noted the fill would cover an area 85’ x 160’. There would be grass and vegetation planted. Currently the area was open ledge with small brush. The outer edge was a 50 foot cliff. The area was only partially visible from the Park Loop Road.
Mr. Musson noted he had talked with the neighbors and with Maine Coast Heritage Trust and heard no concerns or complaints. The project would not require the removal of trees. The wall would be made of cut stone with a concrete core.
Mr. Kiley moved, with Mr. Ashmore seconding, to find the application complete. Motion approved 5-0.
Mr. Kiley moved, with Ms. Andrews seconding, to approve the application.
Mr. Kiley moved, with Ms. Randolph seconding, to use the short form. Motion approved 5-0.
A review of the checklists was made and are attached to these Minutes.
Motion to approve the application was approved 5-0.
- 4.3.1 & 4.3.3 Non-conforming Structures – Reconstruction or Replacement and Expansion – 30% Limit, as measured in floor area or volume.
- OWNER(S) MANE: Beverly J. & Michael F. Becker, Trustees
AGENT(S): Elliott & Elliott Architecture
LOCATION: 17 Mitchell Road, Mount Desert
TAX MAP: 009 LOT(S): 003 ZONE(S): Shoreland Residential Five (SR5)
PURPOSE: Sections 4.3.1 & 4.3.3 Reconstruction or Replacement and Expansion – 30% Limit, as measured in floor area or volume.
SITE INSPECTION: 2:00 PM
No conflict of interest was found. Adequate public notice was confirmed, and abutters were notified.
Chairman Hanley attended the site visit. He noted there was a preliminary plan review last year and the project was again brought before the Planning Board last August. The site is an A-frame residence with concrete foundation on the shore. The applicants plan to renovate the cottage on shore, installing the septic behind it, and building a bunk house beyond the 75-foot setback. It was Chairman Hanley’s opinion that the changes seem not to be more non-conforming. A power pole will be relocated, and a small parcel was purchased to use as driveway access. The proposed changes will decrease the area, but increase the volume. The camp is very dilapidated.
Matt Elliott, of Elliott & Elliott Architecture, noted the structure will be moved six inches back and the deck will be removed. The new structure will be six inches shorter than the current structure. He noted that neighbors have seen the plans and approve of the changes. He stated the foundation is 50 – 80% value of the structure. The state has sited the septic field. The lower crawl space under the foundation will be filled in. Mr. Elliott noted that no appraiser would evaluate the building. It was deemed of no value, other than the foundation.
Mr. Kiley moved, with Mr. Ashmore seconding, moved to find the application complete. Motion approved 5-0.
Chairman Hanley moved, with Mr. Kiley seconding, moved to approve the application.
A review of the checklists were made and are attached to these minutes.
Motion to approve the application was approved 5-0.
Chairman Hanley moved, with ms. Randolph seconding, to adjourn the meeting. Motion approved 5-0.
The meeting was adjourned at 8:04 PM.
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