Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, March 13, 2014
Public Present
Robert Foster, Pat Foster, James Black, Victor Kelmenson, Elina R. Kelmenson, Tim Garrity, Dennis Shubert, Noel Musson – The Musson Group, Beth Renault, Ellen Kappes, Moorhead Kennedy, Jim Bright, Rodney G. King, Timothy L. King, Marcia Picard, David Westphal, Patricia Ryan, Joe Renault, Dick Broom, Katrina Carter, Jerome Suminsby, and Michale Olson
Board Members Present
David Ashmore, Bill Hanley, Chairman Ellen Brawley
Also present were CEO Kimberly Keene and Recording Secretary Heidi Smallidge
The meeting was called to order at 6:03 p.m. by Chairman Ellen Brawley. Planning Board members present were noted.
- Discussion of the Proposed Land Use Zoning Ordinance Amendments
Chairman Brawley confirmed that adequate public notice had been given and notice was sent to all landowners. Noel Musson of the Musson Group distributed a document listing the proposed amendments, along with the sections of the ordinance to be affected. Mr. Musson went through each item, summarizing the proposed changes.
Article A – This Article focuses on Errors and Omissions throughout the LUZO and adds some new definitions to relate to existing terms in the LUZO.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article A. The discussion was opened to the public.
Jim Bright inquired whether the changes here would result in blanket changes to the Permitted Uses chart. Mr. Musson clarified these were small changes such as rearranging some of the chart contents. All changes had been highlighted for the public to more easily see. Larger policy changes were addressed in their own Articles.
After some discussion, the Motion was approved 3-0.
Article B – This Article focuses on consistency with the State Shoreland Zoning Rules.
Mr. Musson noted this proposed revision was due to the fact that the State of Maine has mandatory shoreland zoning laws and Town ordinances need to meet the State guidelines. Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article B. The discussion was opened to the public.
Mr. Bright noted the shoreland district goes beyond the State-required zone. He asked whether the proposed changes would allow high structures to be built beyond the State-required boundary lines. Mr. Musson noted that was not a proposed change at this time. Mr. Bright asked whether the Town of Mount Desert’s shoreland zoning was stricter than the State. Mr. Musson affirmed that it was.
There was no further discussion. Motion approved 3-0.
Article C – This article amends the LUZO to required Conditional Use Approval for accessory structures in the Village Commercial, Shoreland Commercial, and Conservation Districts.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article C. The Discussion was opened to the public.
Mr. Musson noted this proposed change will empower the Planning Board to approve certain conditional uses for some commercial uses.
Patty Ryan asked whether conditional use abutters are notified in this situation. CEO Keene confirmed they were.
Motion was approved 3-0.
Article D – This Article amends the LUZO to allow boat storage, repair and service for commercial uses to be permitted in the Village Residential, and Residential districts with Conditional Use Approval from the Planning Board.
Mr. Musson noted the Ordinance Committee thought the item would be good to bring forward for discussion. Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article D. The Discussion was opened to the public.
Ms. Ryan voiced concern over the presumption that boat repair and service were suitable in a residential area. Dennis Shubert inquired what types of standards would be in place for people working on boats in their yard. Chairman Brawley noted that there are standards currently in place for nuisances, however those have been deemed unconstitutionally vague and are up for deletion. CEO Keene noted that State standards will replace those standards. Ms. Ryan voiced concern about water quality. Mr. Shubert voiced concern over compatibility of uses. Mr. Kelmenson mentioned concerns regarding traffic, noise, dust, and commercial businesses. He added that a private boat owner doing work on his property may not be held to the same standards as a company. Mr. Bright felt the Town needed to look at
standards and spend time developing a firm set of standards. Rodney King noted that he is a fisherman doing his own boat work. His license says commercial so it was his understanding his land is considered commercial. He asked whether this ordinance made it impossible for him to work on his boat. Chairman Brawley was not sure what the implications of the change would be.
After some more discussion, motion was denied, 0-3.
It was noted the Board of Selectmen still had the opportunity to put the proposed amendment on the warrant. The Board of Selectmen would be informed what wasn’t recommended by the Planning Board.
Article E – This Article amends the LUZO to allow indoor and outdoor recreational facilities for residential uses to be permitted by the CEO. It also amends the Land Use Ordinance to allow indoor recreational facilities for commercial uses to be permitted in the Village Residential, Residential, and Shoreland Commercial districts with Conditional Use Approval from the Planning Board.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article E. The Discussion was opened to the public.
Mr. Musson explained that indoor recreational facilities, such as tennis courts or swimming pools, are currently allowed. The difference would be these would not be allowed with CEO approval, but rather with a review by the Planning Board. It was noted this applied to both residential and commercial uses per the article. Mr. Kelmenson noted the question was whether this kind of use was appropriate in a residential area. Mr. Musson pointed out that the use is already allowed. Ms. Ryan noted the hours of gym usage may not be compatible with a residential area. Mr. Shubert asked what the process was with the CEO. CEO Keene stated she can give a permit but the process is the same as the Planning Board. Also, the CEO does not have to notify abutters of the application. Mr. Shubert voiced concern
that the abutters would not be notified with CEO approval. Mr. Bright stated he would like to see standards developed for facilities.
Motion was denied 0-3.
Article F – This Article amends the LUZO to allow restaurants to be permitted in the Village Residential, Residential, Shoreland Residential, and Shoreland Commercial districts with Conditional Use Approval from the Planning Board.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article F. The Discussion was opened to the public.
Mr. Kelmenson opined that this type of change can cause the Planning Board trouble resulting in hearings and appeals. Mr. Suminsby felt this kind of change could change the value of the shoreland property, in order to accommodate a section of the Town residents who may not be that interested in creating this kind of development. Mr. Shubert felt there was pressure to make this amendment for a specific area, which sounded unreasonable. Mr. Mussen asked whether it was just the shoreland residential was an unreasonable request, or are all the areas covered in the article a problem? Mr. Bright felt that time was not spent identifying growth areas. The time needs to be spent identifying these areas first. Discussion was held regarding the process the Town of Castine uses. Ms. Ryan suggested that a better
effort might be to attract restaurants to village centers. Ms. Kelmenson suggested the Town decide where they want growth and zone for it appropriately. Joe Renault voiced concern regarding what happens if a use is permitted what recourse do the abutting neighbors have if they do not approve the proposed use. Ms. Kelmenson wondered how the tax base would be affected. Mr. Ashmore felt the proposed article needed more work.
Motion denied, 0-3.
Article G – This Article amends the LUZO to allow retail stores to be permitted in the Village Resdential, Shoreland Residential, and Shoreland Commercial districts with Conditional Use Approval from the Planning Board
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article G. The Discussion was opened to the public.
Mr. Bright noted this was similar to the previous article. Katrina Carter stated that potential property buyers don’t want property with no commercial ability. Mr. Bright agreed that everyone’s probably in favor of commercial development, but the proposal is too broad. The areas should be defined first. Michael Olson asked about the commercial sprawl in Otter Creek. Chairman Brawley noted all the businesses in Otter Creek were grandfathered. Jerry Suminsby noted there is a one-year period for grandfathered commercial properties and if a business closes and a new one does not re-open in one year that property is no longer allowed to have a commercial property. He asked who enforces this.
After more discussion. Motion Denied 0-3.
Article H – This Article amends the LUZO to allow “Services 3” to be permitted in the Village Residential and Residential districts with Conditional Use Approval from the Planning Board. “Services 3” includes commercial uses that are not wholly enclosed including construction, masonry, plumbing, painting, carpentry.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article H. The Discussion was opened to the public.
Mr. Musson explained the differences between Services 2 and 3. CEO Keene noted a carpenter could build a structure in his yard, but could not have the structure for sale on site.
Motion approved 3-0.
Article I – This Article amends the LUZO so that expansions on non-conforming structures would be allowed in areas outside the shoreland zone.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article I. The Discussion was opened to the public.
After a short discussion, Motion approved 3-0.
Article J – This Article amends the LUZO so that any structure within an approved functional land division which are removed, or damaged or destroyed, regardless of the cause, can be reconstructed using the standards of Section 4.4 expansions of non-conforming structures would be allowed in areas outside the shoreland zone.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article J. The Discussion was opened to the public.
Mr. Shubert asked if a nonconforming structure could be rebuilt. Mr. Musson affirmed it could with this amendment. CEO Keene noted that currently it cannot.
Motion approved 3-0.
Article K – This Article amends the LUZO to allow individual private campsites in the Village Residential, Residential, and Shoreland Residential, Rural Woodland, Village Commercial and Shoreland Commercial districts.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article K. The Discussion was opened to the public.
Mr. Musson noted that currently if someone wanted to pitch a tent on their property they could not do so without a permit. Mr. Bright asked whether this covered tent platforms or setbacks. CEO Keene noted it did cover tents and platforms. Elina Kelmenson inquired how sanitation would be dealt with. Chairman Brawley noted that if the tent setup is on someone’s property, it would be expected that they would handle sanitation. It was also noted there are state sanitation rules. Mr. Bright asked whether there would be a timeframe for the length a tent could be in place.
Motion approved 3-0.
Article L – This Article amends the LUZO to delete Sections 6A.9 and 6A.10 from the General Performance Standards and replace it with a new 6A.9 which includes provisions for Dust, Fumes, Vapors, Odors and Gases.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article L. The Discussion was opened to the public.
Mr. Musson noted that Sections 6A.9 and 6A.10 have been deemed by the courts to be unconstitutionally vague. Ms. Ryan noted that water quality should be included. Mr. Musson agreed that eventually it would. Ms. Kelmenson added that chemical solutions also should be included. Mr. Musson noted that additions can’t be made at this time, but could be in a future revision.
Motion approved 3-0.
Article M – This Article amends the LUZO to require that the CEO to order any necessary action to correct a violation.
Mr. Hanley moved, with Mr. Ashmore seconding, to recommend to the Board of Selectmen approval of Article M. The Discussion was opened to the public.
After short discussion Motion approved 3-0.
Mr. Hanley moved, with Mr. Ashmore seconding, to adjourn the meeting. Motion approved 3-0. Meeting was adjourned at 7:45.
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