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Planning Board Meeting Minutes - 04/09/14
Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, April 9, 2014

Public Present
Michael Ross, John Caldwell, Paula J. Dunbar, Brenda Lawson, Mike O’Donnell, Matthew Elliott, Peter Lamoureax, Greg Johnston, Danielle Davis, Eben Salvatore

Board Members Present                   
Lili Andrews, Bill Hanley, David Ashmore, Dennis Kiley

Also present were CEO Kimberly Keene and Recording Secretary Heidi Smallidge

  • Call to Order
The meeting was called to order at 6:02 p.m. by Lili Andrews. Planning Board members present were noted.  In the absence of Chairman Brawley, Mr. Kiley moved to appoint Lili Andrews as Chair pro tempore.  Mr. Hanley seconded.  Motion approved 4-0.  Ms. Andrews moved, with Mr. Kiley seconding, to appoint Bill Hanley as the Secretary pro tempore.  Motion approved 4-0.  

It was agreed to move the Approval of Minutes to the end of the meeting.  

  • Conditional Use Approval Application #005-2014
OWNER(S):  14 Sargent Drive, LLC
AGENT(S):  Greg Johnston, P.E.
        G.F. Johnston and Associates
LOCATION:  14 Sargent Drive, Northeast Harbor
TAX MAP:  005   LOT(S):  044            ZONE(S):  Shoreland Residential 2 (SR2)
PURPOSE:  Section 3.4 – Excavation or Filling of >150 cubic yards
SITE INSPECTION:  Section 5.13 of the Subdivision Ordinance – Plan Revisions After Approval.

Mr. Hanley confirmed there had been adequate public notice.  No conflict of interest was found.  The voting members were noted.  Mr. Hanley reported on the site visit.  He attended the site visit with Ms. Andrews.  They saw an aging granite retaining wall leading to the water.  The wall was crumbling.  Mr. Johnston was in attendance and described the work in replacing the wall and creating a new granite wall with concrete backing.  They would also install some erosion control on the steep slope.  

Mr. Hanley moved, with Mr. Kiley seconding, to find the application complete.  Motion approved 4-0.  The item was open for public hearing.  

Mr. Johnston elaborated that the plans include taking out the wall and replacing it on the southern end.  On the other end the wall would be lower and more naturalized.  This in turn will allow for decreasing the slope grade on that end.  Decreasing the slope will include removing the boulders there, easing the slope. And planting native shrubs.  It was noted Mr. Johnston had the permits from the DEP and the Army Corps of Engineers have approved the project.  

There were no comments from the public.

Mr. Hanley moved, with Mr. Kiley seconding, to use the short form for the application review.  Motion approved 4-0.

A review was made of the application checklist.  

Mr. Hanley moved, with Mr. Kiley seconding to approve the application.  Motion approved 4-0.  

In addition to the checklist, Mr. Johnston requested the Planning Board review for approval Section 5 of the LUZO.  After a review of the section, Mr. Hanley moved, with Mr. Kiley seconding, to approve Section 5.  Motion approved 4-0.

  • Subdivision Approval Application(s):  
  • OWNER(S):  Charlotte Alley
APPLICANT(S):  Noel Musson, The Musson Group
LOCATION(S):  51 Beech Hill Cross Road, Mount Desert
TAX MAP:  010  LOT(S):  010 & 101-001  ZONE(S):  Residential 1 (R1)
PURPOSE:  Section 5.13 of the Subdivision Ordinance – Plan Revision After Approval

CEO Keene noted that Item IV. A. on the Agenda had been withdrawn.  Mr. Ashmore moved, with Mr. Hanley seconding, to accept the withdrawal.  Motion approved 4-0.

V.  4.3 (4) Non-conforming Structures – Reconstruction or Replacement
OWNER(S):  Fred W. Berry et als
APPLICANT(S):  Michael F. Becker
AGENT(S):  Matt Elliott + Elliott Architectures
LOCATION(S):  17 Mitchell Road, Mount Desert
TAX MAP(S):  009        LOT(S):  033    ZONE(S):  Shoreland Residential 5 (SR5)
PURPOSE:  Reconstruction or Replacement of an existing Single Family Dwelling
SITE INSPECTION:  4:00 PM

Mr. Hanley was in attendance at the site visit with Matt Elliott.  He noted it was a challenging site on Long Pond.  The grade is significant to the water and the camp is an old A-frame on the water’s edge.  There is an existing gravel drive.  One of the primary constraints is fitting the building and septic onto the buildable area.  The foundation seems to be the best part of an old building.  

Matt Elliott, agent for the applicant, noted this was not a formal application; he is simply looking for guidance from the Planning Board before he submits his application.  Mr. Elliott explained the tight building area and septic challenges to the Board based on the setbacks required.  Septic engineers have designed a septic plan.  Mr. Elliott noted the property would also need a slope variance from the State.  It was noted a well would need to be dug as well.  Currently Mr. Elliott is considering moving the building footprint back from the shore and adding building area up to the 30% allowed.  The A-frame design would be replaced by a straight wall structure.  He is considering opening the basement on one side.  His question is whether this rebuild will result in more than 50% loss of the market value, which would then require them to move the building back to the greatest degree practical.  Mr. Elliott inquired what the Planning Board would consider as the furthest practical the building could be set back.  CEO Keene noted that a three-walled basement would still be considered part of the structure.  It was suggested that pilings in place of the basement walls would not be considered living space.  Mr. Elliott noted they were also trying to find parking area and it was the owner’s hope to avoid removing trees.  CEO Keene mentioned they could do a green parking area.  Mr. Kiley felt decisions on the basement would need to be decided first; all other calculations depend on that.  Mr. Hanley felt that pulling the building site back to the mandated setback for septic and a pylon foundation would probably be best.  Mr. Elliott noted that at least one wall in the basement would be necessary to anchor the building.  Mr. Elliott inquired whether making the basement a crawl space would affect the space requirements.  CEO Keene noted it would have to be less than 5 feet in height.  CEO Keene also stated they would have to get a sign-off from the neighbor.  Mr. Elliott mentioned they had talked with neighbors.  

APPROVAL OF MINUTES:  It was determined there were not enough voting members at the meeting, due to Mr. Hanley’s recusal during part of the meeting.  Approval of Minutes was tabled.

  • Adjournment
Mr. hanley moved to adjourn.  MR. kiley seconded.  Motion approved 4-0.  Meeting adjourned at 7:35 pm.