Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, February 26, 2014
Public Present
Mark Cook; Bay Communications, Jan Springer; Attorney for Bay Communications, Sarah Graulty; EBI Consulting, Peter Cooke; Consultant to AT&T Mobility, Andrew Hamilton; Attorney for the Applicant, Rick Savage, Story Litchfield, James W.J. Collier, Esq.; Counsel to the Planning Board, Gregg Scott, Terri Scott, David Ashmore, Phil Lichtenstein, Tim Murphy, Jerry Miller, Jennifer Judd-McGee, Willie Granston, Sam McGee, Katrina Carter, Ted Bromage, James Clunan, Rita Redfield, Darrell Wilson, Dick Broom
Board Members Present
Bill Hanley, Chaiman Ellen Brawley, Dennis Kiley, Lili Andrews
Also present were CEO Kimberly Keene and Recording Secretary Heidi Smallidge
The meeting was called to order at 6:02 p.m. by Chairman Ellen Brawley. Planning Board members present were noted.
January 22, 2014: Voting members to approve the Minutes were Chairman Brawley, Ms. Andrews, and Mr. Kiley. Ms. Andrews moved, with Mr. Kiley seconding, to approve the minutes as presented. Motion approved 3-0
- Conditional Use Approval Application #009-2013
OWNER(S): Richard M. Savage III
APPLICANT(S): Bay Communications II, LLC/Mark Good
AGENT(S): Jonathan Spring, Esq.
P. Andrew Hamilton, Eaton Peabody, Esq.
LOCATION: 26/28 Gatehouse Road, Northeast Harbor
TAX MAP: 005 LOT(S): 009-002 ZONE(S): Residential 2 (R2)
PURPOSE: Section 6B.17 Wireless Communication Facility – Cell Tower
Ms. Andrews confirmed adequate public notice. It was confirmed the same Board members were in attendance as at the last meeting at which this subject was discussed. Chairman Brawley noted there were items missing when the application was last discussed, those being submissions for 6B178.A, B, D, F, G, 10A, a missing FCC Form 620, and input from the DEP regarding the stream crossing.
Attorney Hamilton noted that the Board had received a packet of information which included the missing submissions, a communication from John Cullen concerning the stream crossing, a letter from Friends of Acadia, a letter from John Kelly of the National Park Service, and a letter from Kirk Monet from the Maine Historic Preservation Office. After a short review, Mr. Kiley moved to find the items the Board required for completion were satisfactorily provided and therefore the application is complete. Mr. Hanley seconded the motion. Motion approved 3-0-1 (Andrews in abstention).
Attorney Hamilton discussed in detail the various submissions. Sarah Graulty of EBI Consulting explained the visual assessment process. Discussion ensued regarding the benefits of a mono-pine versus the pole.
The Standards of Section 6 of the LUZO, as amended May 8, 2012 were reviewed; see attached checklist for CUA # 009-2013.
A MOTION TO APPROVE WAS MADE BY MR. KILEY; SECONDED BY MR. HANLEY.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CUA 009-2013 WITH CONDITIONS AS NOTED ON SECTION 6 CHECKLIST (ATTACHED):
Permit by Rule from DEP for stream crossing to be obtained;
CEO to determine driveway standards met;___
Tower and antennas to be painted matte dark green; dark green slatting in compound
Fencing to be provided;
Removal bond to be provided that is in form and amount satisfactory to Town Manager
CARRIED 3-0-1(ANDREWS IN ABSTENTION).
- Conditional Use Approval Application #002-2014
OWNER(S): 123 Main Street, LLC
AGENT(S): William Hanley, WMH Architects
LOCATION: 123 Main Street, Northeast Harbor
TAX MAP: 024 LOT(S): 085 ZONE(S): Village Commercial (VC)
PURPOSE: Section 3.4 – Restaurant Use
SITE INSPECTION: 3:30 PM
Mr. Hanley requested recusal from the discussion due to a conflict of interest. Mr. Kiley moved to accept Mr. Hanley’s recusal. Ms. Andrews seconded. Motion approved 3-0.
Ms. Andrews confirmed adequate public notice and affirmed notice was sent to abutters.
After a review of the materials, Mr. Kiley moved to find the application complete. Ms. Andrews seconded the motion. Motion approved 3-0.
CEO Keene noted there had been one call and the caller, Rita Redfield, was present at the meeting. Ms. Redfield noted she was there not to object, but to ask questions.
It was agreed to use the short checklist form.
Bill Hanley, architect for the Boynton’s, explained the project. The ground floor was proposed to be used as a restaurant, an addition added, and the second floor used for office space. Hours of operation and whether alcohol would be served was discussed. Chairman Brawley noted she had been to the site visit. The business was on Main Street in downtown Northeast Harbor, no changes would be made to the façade of the building. There’s an alley on both sides of the building.
Ms. Redfield asked that if the permit was given and the building then sold or if there was a change of use, would the applicant need to come back to the planning board? Chairman Brawley noted that if the approval had restrictions set they would have to come back. Ms. Redfield requested that such a restriction be placed. Ms. Redfield also asked whether parking was required. Chairman Brawley noted that adequate parking had to be provided. CEO Keene noted that the parking does not have to be on site. She noted the parking in front of the building on the street and the public parking lots would both be sufficient.
There were no further comments from the public.
Mr. Kiley moved, with Ms. Andrews seconding to approve the application.
The Standards of Section 6 of the LUZO, as amended May 8, 2012 were reviewed; see attached checklist for CUA # 002-2014.
Mr. Kiley moved to amend the motion to add the conditions as written.
Erosion and sedimentation control plan to be submitted and satisfactory to CEO
Stormwater plan to be submitted and satisfactory to CEO
Restaurant will be open from 10am – 10pm 7 days a week
No cooking with open flame permitted and no commercial hood associated with cooking
permitted
Sign to be approved and permitted by CEO
Ms. Andrews seconded. Motion approved 3-0.
Motion approved as amended 3-0.
Interview of Candidate: David Ashmore
Mr. Ashmore was introduced to the Board. He noted he is a property owner in Hall Quarry, with a home in Brewer as well. He’s owned property in Mount Desert since 1988. Mr. Ashmore was a Mount Desert resident from 1988 to 2000, then changed residency to Brewer. He changed back recently and is transitioning to be on Mount Desert. He noted he was familiar with the LUZO.
Mr. Kiley moved, with Ms. Andrews seconding, to recommend to the Selectmen David Ashmore as a new Planning Board member. Motion approved 4-0.
Mr. KILEY moved to adjourn. MS. ANDREWS seconded. Motion approved 4-0. Meeting adjourned at 10:09 pm.
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