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Planning Board Meeting Minutes - 07/09/14
Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, July 9, 2014

Public Present
Heath Higgins, Heather Pellegren, Doug Foster, Meredith Randolph, Linda Jensen, Jean Travers, John Fehlauer, James Clunan

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

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

  • Call to Order
The meeting was called to order at 6:03 p.m. by Chairman Brawley.

  • Approval of Minutes:
June 25, 2014:  Approval of Minutes was tabled.

  • Conditional Use Approval(s):
  • Conditional Use Approval Application #013-2014
OWNER(S):  Heath E. Higgins
APPLICANT(S):  Meredith B. Randolph
LOCATION:  S&H Lane, Mount Desert
TAX MAP:  008   LOT(S):  097    ZONE(S):  Rural Woodland 3 (RW3)
PURPOSE:  Section 3.4 – Office Building
SITE INSPECTION:  4:00 PM

Ms. Andrews confirmed there had been adequate public notice.  No conflict of interest was found.  The Board determined they had jurisdiction in the matter.  

It was explained that the application was for conditional use approval of an office building.  If the use was approved, the CEO would handle the specifics of the building.  The drawings presented were only general concepts at this point.

Mr. Kiley moved to find the application complete.  Mr. Hanley seconded the motion.  Motion approved 5-0.  

Mr. Hanley noted that several neighbors were in attendance at the site visit, however the applicant was not present.  Due to the questions raised at the site visit that could not be fully answered without the applicant present, Mr. Hanley wondered whether another site visit might be necessary.  It was deemed unnecessary to have another site visit as long as the Planning Board members in attendance were able to understand the proposal.  

Mr. Hanley reported on the site visit, noting he and Mr. Kiley had been in attendance.  A number of area residents were also in attendance.  They walked the lot and observed a wet area with some standing water and some vegetation.  Questions from the area residents included whether setbacks had been considered, whether the applicant would be allowed to clear the land, highway safety, location of the septic in regards to abutter well location, right of way access, lot drainage, and whether Acadia National Park had been notified.  Many of these questions were deemed issues in the CEO’s purview.

Chairman Brawley opened the discussion to the public.

Ms. Randolph explained her proposal.  She plans to build the building to passive house certification.  She would like to build a year-round residence – possibly two - with an office space she would use.  Ms. Randolph would live elsewhere.

Residents in the nearby area voiced serious concerns regarding drainage of the property, the safety of the roads leading into the property, and what the precedent of approving the property for office building use would have on future uses.  

Property owner Heath Higgins felt the drainage problems may be due to culverts being clogged and a lack of maintenance to the drainage system.

It was noted that one end of S&H Lane was too dangerous to exit, and the other end runs through private property.

It was the Board’s view that office building use was not compatible with the residential area, and the safety of the road, particularly turning onto Route 198, was not good, and could be made worse with office traffic added to the situation.  It was noted that once office building use was approved, that use would remain allowable on the property and the size of the office building could even be expanded.  Traffic control possibilities were discussed.  

Mr. Higgins noted he could work on the traffic issues.  He wondered if the proposal could be reviewed now and traffic issues could be reviewed and rectified at another time.  Ms. Randolph inquired whether a home occupation would be acceptable.  CEO Keene stated a home occupation would not need Board approval, but it would require the applicant to live in the building.  If there were no office in the building, only rental units, then there would also be no need for Board approval.

Mr. Kiley moved, with Ms. Andrews seconding, to approve the application.  Motion failed 0-5.  A review of the checklist was made and included in these Minutes.  



  • Other
  • Subdivision – Section 5.13 Plan Revision After Approval
OWNER(S):  David J. Ashmore & Ann M. Ashmore, Dianne H. Young & Barrett O. Young Hrs
LOCATION(S):  4 Sylvina’s Way, 16 Ashmore Way, 23 Musetti Drive and Off Hall Quarry Road and Musetti Drive, Hall Quarry
TAX MAP(S):  019 LOT(S):  014-001, 014-002, 014-003, 014-004, 014-005 & 014-006 ZONE(S):  Rural Woodland 2 (RW2) & Shoreland Residential 2 (SR2)
PURPOSE:  Section 5.13 of the Subdivision Ordinance – Plan Revisions After Approval
        
Mr. Ashmore stated his conflict of interest and requested recusal from the discussion.  Ms. Andrews moved, with Mr. Hanley seconding, to accept Mr. Ashmore’s recusal from the discussion.  Motion approved 4-0.

Mr. Ashmore stated he was proposing to move the driveway noted on the plan and build a new 15 foot-wide path.  The purpose for this path would be as a golfcart path for the purpose of Lot Three to access the roadway that goes along the southern end of the property, and to be used by golfcarts to access the common areas.  Mr. Ashmore showed the existing plan, pointing out the common area accessible by road or golfcart path by all properties.  

After some discussion, Ms. Andrews moved, with Mr. Hanley seconding that no public hearing was required for this issue.  Motion approved 4-0.

Ms. Andrews moved, with Mr. Hanley seconding, to approve the proposed changes to the plan.  Motion approved 4-0.

  • Meet and Greet potential candidate for Planning Board
Meredith Randolph had applied for a position on the Planning Board.  Ms. Randolph noted she’s served on the Island Housing Trust, though she is no longer a board member.  She’s lived on the island many summers, and has lived here year-round for 14 years.  Board members explained the schedule and other aspects of the position.  CEO Keene explained the responsibilities of being an alternate member on the Board.  Mr. Kiley moved, with Ms. Andrews seconding, to recommend for approval Ms. Randolph’s application to the Planning Board.  Motion approved 5-0.

  • Adjournment
Mr. Kiley moved, with Mr. Ashmore seconding, to adjourn the meeting.  Motion approved 5-0.  Meeting was adjourned at 7:50 PM.