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Planning Board Meeting Minutes - 09/23/15
Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, September 23, 2015

Public Present
Ignacio Pessoa, Anne McGurk, Rachel Krevans, JR Krevans, Noel Musson

Board Members Present   
Chairman Bill Hanley, David Ashmore, Lili Andrews, Meredith Randolph

Also present was CEO Kimberly Keene, and Recording Secretary Heidi Smallidge.

  • Call to Order
Chairman Hanley called the meeting to order at 6:01 pm.  Voting members were noted.  

It was confirmed there was public notice given, and that abutters were notified.  

  • Approval of Minutes
September 9, 2015:  Ms. Andrews suggested changing the wording on the fourth Findings of Fact to “Applicant is reducing footprint”.  

Ms. Andrews moved, with Mr. Ashmore seconding, to approve the Minutes as revised.  Motion approved 4-0.


  • Continuation from July 8, 2015:
Non-Conforming Structures:

Sections – 4.3.3, 4.3.6 & 4.3.5 Non-conforming Structures – Reconstruction or Replacement and 30% Expansion Rule

  • OWNER(S):  Ignacio B. Pessoa & Anne E. McGurk
LOCATION:  164 Pretty Marsh Road, Mount Desert
        TAX MAP:  017   LOT:  005-001  ZONE(S):  Shoreland Residential Two (SR2)
PURPOSE:  Reconstruction or Replacement of a Non-conforming Structure and the allowable 30% Expansion Rule
Site Visit:  3:00 PM

Mr. Ashmore confirmed adequate public notice and abutters were notified.  No conflict of interest was found.  

Chairman Hanley attended the site visit.  There had been no change from the July 8th site visit.  

Mr. Pessoa informed the Board that the front corner of his building encroached six feet into the road setback.  Moving it causes problems for the interior.  He plans to seek a variance, however only the Appeals Board is authorized to permit a variance.  The Planning Board must deny the application in order for him to appeal.  

CEO Keene confirmed the Planning Board did not have the authority to grant a variance.

Ms. Randolph moved, with Mr. Ashmore seconding, to deny the application based on the Planning Board having no authority to approve the application because of the six foot encroachment into the front setback.  Motion approved 4-0.

  • Non-Conforming Structures:
        Sections – 4.3.4 & 4.3.5 – Non-conforming Structures – Foundation Replacement

  • OWNER(S) NAME:  Julius Krevans Jr., Trustee et als
LOCATION:  10 Mason Point Road, Mount Desert
TAX MAP:  010  LOT(S):  182  ZONE(S):  Shoreland Residential Three (SR3)
PURPOSE:  Non-conforming Structure – Foundation Replacement
SITE VISIT:  4:00 PM

Mr. Ashmore confirmed adequate public notice and abutters were notified.  No conflict of interest was found.  

Mr. Ashmore reported on the site visit.  He felt there was no other place to move the building.  He pointed out on the plan the septic system and vegetation.  There are two small triangular areas that meet the setback requirements.  One area is too small, and the other means cutting vegetation.

Ms. Randolph noted the applicant simply wants to improve the foundation under their house.  It was more a matter of maintenance than a significant change.  

CEO Keene reported the application received DEP approval.

A review of the checklist was made.  

Chairman Hanley moved, with Ms. Randolph seconding, to approve the application.  Motion approved 4-0.


  • Adjournment
Chairman Hanley moved, with Ms. Andrews seconding, to adjourn the meeting.  Motion approved 4-0.

Meeting was adjourned at 6:28pm.