Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, October 22, 2014
Public Present
Tim Brochu CES Inc., Greg Johnston, John Caldwell, Wes Beamer, Mike Astle, Ken Ehrlenbach, Leslie Ehrlenbach, Dennis Bracale, Jerome Suminsby
Board Members Present
David Ashmore, Bill Hanley, Dennis Kiley, Ellen Brawley, and Meredith Randolph
Also present were CEO Kimberly Keene and Recording Secretary Heidi Smallidge.
Chairman Brawley called the meeting to order at 6:02 PM. Board members present were noted.
September 16, 2014: The members voting on these Minutes were noted. Mr. Hanley moved, with Mr. Kiley seconding, to approve the Minutes as amended. Motion approved 4-0.
September 24, 2014: The members voting on these Minutes were noted. Mr. Kiley moved, with Mr. Hanley seconding, to approve the Minutes as presented. Motion approved 4-0.
October 8, 2014: Members voting on these Minutes were noted. Ms. Randolph moved, with Mr. Ashmore seconding, to approve the Minutes as presented. Motion approved 3-0.
- Conditional Use Approval Application(s):
- Conditional Use Approval Application: # 024-2014
OWNER(S): 14 Sargeant Drive LLC
AGENT(S): Greg Johnston, G.F. Johnston & Assoc.
LOCATION(S): 14 Sargeant Drive, Northeast Harbor
TAX MAP(S): 005 LOT(S): 044 ZONES(S): Shoreland Residential (SR2)
PURPOSE: Section 5.6 Amendment to a Conditional Use Approval –
(CUA 005-2014)
SITE INSPECTION: 4:30 PM
Mr. Kiley moved, with Ms. Randolph seconding, to name Bill Hanley as Secretary Pro Tem in Lili Andrews’ absence. Motion approved 5-0.
Mr. Hanley confirmed adequate public notice. Ms. Randolph confirmed she had worked with the owners of the property, however not with this property. It was deemed she had no conflict of interest. There were no conflicts of interest found.
Chairman Brawley stated that this was a minor change in the drawing and everything on the application is exactly the same as it was when the original application was approved except for the change in the wall. She wondered if it could be approved without a full review.
Mr. Hanley reported on the site visit. He attended with Chairman Brawley and Ms. Randolph, as well as the agent. The applicants proposed a curved wall configuration near the seawall that would reach back to the existing ledge. The length would be shorter than the original but slightly longer than what had been planned. Mr. Johnston noted the original design had been modified for erosion control purposes.
The Board members discussed whether the change was significant enough to require a formal amendment. It was agreed the shape change to the wall was significant, however the change would not significantly affect Sections 6A, B, or C or the checklist.
A review of Section 5.6 was made and is attached to these Minutes.
Mr. Hanley moved, with Mr. Kiley seconding, that Section 5.6, an amendment to a conditional use approval may be issued by the planning board only finding that there have been significant changes of conditions or circumstances and the findings of fact are the geometry of the sea wall changing from straight to curved and the conclusion of law is that there is significant alteration to the original sea wall configuration. 2 – in conforming to procedural and substantive requirements set forth in 6A in applicable standards of 6B and 6C the findings of fact are no significant impact to original plan and the conclusion of law is section 6A, 6B, 6C satisfy per original CUA 005-2014, and 3 – when justified by a statement of findings of fact and reasons findings of fact being see application and field conditions observed onsite and
conclusion of law due to insignificant impact of 6A, 6B, 6C the benefit of an erosion control amendment is justified.
Motion approved 5-0.
- Conditional Use Approval Application: # 025-2014
OWNER(S): Northeast Harbor Gold Club, Inc.
AGENT(S): Jerome Suminsby
LOCATION(S): 15 Golf Club Road, Northeast Harbor
TAX MAP(S): 005 LOT(S): 061 ZONES(S): Conservation (C)
PURPOSE: Section 5.6 Amendment to a Conditional Use Approval –
(CU: #89-22 & CUA #018-2008)
SITE INSPECTION: 4:00 PM
After some discussion, it was noted that this was an amendment to an amendment made in 2013. It was noted that the 2013 amendment has expired so the applicant has to reapply.
Mr. Hanley confirmed public notice. No conflict was found.
It was determined the footprint was now larger than it was. Mr. Suminsby noted the height in the building was decreasing from 27 feet to 24 feet.
A review of Section 5.6 was made and is attached to these Minutes.
Ms. Randolph reported on the site visit. She, Mr. Hanley, and Chairman Brawley attended the site visit with the applicant’s agent and Maine Coast Heritage Trust representative, Billy Helprin. It was noted the land was in a conservation zone and the use is for a golf club, both of which require the conditional use permit.
There was no comment from the public.
Mr. Kiley moved, with Ms. Randolph seconding to Section 5.6, an amendment to a conditional use approval may be issued by the planning Board only if 1 – finding that there have been significant changes of conditions or circumstances the findings of fact being that two apartments removed and overall building height reduced to 24 feet compared to cua 10-2013 and construction not started. conclusion of law there has been significant change of use in design. 2 – in conforming with the procedural and substantive requirements set forth in 6A and applicable standards of 6B and 6C the findings of fact are no significant changes to general performance standards and building size now at 3746 square feet and height of 24 feet. Conclusion of law standards of 6A, 6B, and 6C are met. 3 – when justified by a statement of
findings of fact and reasons findings of fact SEE 5.6.1 above. conclusion of law amendment justified. Motion approved 5-0.
- Section 4.3.1 & 4.3.3 Reconstruction or Replacement of a Non-Conforming Structure
- OWNER(S) NAME: Ann M. LaPides
AGENT(S): Tim Brochu, CES, Inc.
LOCATION: 90 Mill Cove Road, Mount Desert
TAX MAP: 011 LOT(S): 053 ZONE(S): Shoreland Residential Three (SR3)
PURPOSE: Reconstruction or Replacement of an existing Single Family Dwelling, including all Utilities.
SITE INSPECTION: 3:00 PM
Mr. Hanley confirmed adequate public notice. No conflict of interest was found.
Mr. Hanley reported on the site visit. He attended with Chairman Brawley and Ms. Randolph. The property is a cabin at the end of Mill Cove Road. The cabin is close to the waterline. The applicant would like to rebuild on the same footprint.
Chairman Brawley noted the second paragraph in Section 4.3.3, “If the total amount of floor area and volume of the original structure can be relocated and/or reconstructed beyond the required setback area no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure.” Chairman Brawley felt there was adequate room to move the building. She wondered if they could approve the request for replacing on the same site when there was room to move it to outside the shoreland zone. After lengthy discussion a review of Section 4.3.3 was made and is a part of these Minutes. Per that section, the standard was deemed not met.
- Subdivision Approval Application(s):
AGENT(S): Nathaniel R. Fenton, Esq.
LOCATION(S): Woods Road, Mount Desert
TAX MAP(S): 012 LOT(S): 013-029 & 013-026
ZONE(S): Rural Woodland 3 (RW3)
PURPOSE: Section 5.13 of the Subdivision Ordinance –
Plan Revisions After Approval – Woods Road Subdivision
It was noted that Greg Johnston was representing Mr. Irvin in Attorney Nat Fenton’s stead. It was determined this was not a conflict of interest for Mr. Johnston.
Mr. Johnston reported that his property abuts Mr. Irvin’s property. It was confirmed there were no additional lots or roads being created and they were not expanding the boundaries of the subdivision. The land in question would be added to Mr. Johnston’s lot, expanding it.
Chairman Brawley read from section 5.13.2 “if the revision involves the creation of additional lots or units or extends the boundaries of the subdivision, a public hearing shall be required. Otherwise the Board shall determine if a public hearing is required.”
Mr. Randolph moved, with Mr. Kiley seconding, that no public hearing was required for this transfer of land. Motion approved 5-0. Mr. Johnston noted he would bring in a Mylar plan for the Planning Board to sign.
Ms. randolph moved, with mr. hanley seconding to adjourn the meeting. Motion approved 5-0. Meeting adjourned at 8:02 PM.
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