Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, December 10, 2014
Public Present
David Granston, Katrina Carter, Noel Musson
Board Members Present
Lili Andrews, Chairman Ellen Brawley, Bill Hanley, Meredith Randoph, David Ashmore
Also present was Recording Secretary Heidi Smallidge.
Chairman Ellen Brawley called the meeting to order at 6:04 pm. The members present were noted.
November 12, 2014: Ms. Andrews moved, with Mr. Hanley seconding, to approve the Minutes as presented. Motion approved 4-0.
November 18, 2014: Ms. Andrews moved, with Mr. Hanley seconding, to approve the Minutes as presented. Motion approved 4-0.
- Conditional Use Approval Application(s):
- Conditional Use Approval Application #028-2014
OWNER(S): Philip Heckscher
LOCATION: 31 Jordan Pond Road, Seal Harbor
TAX MAP(S): 031 LOT(S): 055 ZONES(S): Village Residential One (VR1)
PURPOSE: Section 6B.8(2) Fences and Walls – Height Exceeding CEO’s Authority
SITE INSPECTION: 2:30 PM
It was noted that Mr. Heckscher was not at the site visit nor at the meeting, nor were there any agents or representatives present at the meeting. Mr. Hanley moved to table the Agenda item till representation was present. Ms. Andrews seconded the Motion. Motion approved 5-0.
- Conditional Use Approval Application #029-2014
OWNER(S): Three Sheets to the Wind, LLC
APPLICANT(S): David W. Granston, d/b/a Always Green Landscaping
AGENT(S): Katrina Carter
LOCATION: 10 Neighborhood Road, Northeast Harbor
TAX MAP(S): 024 LOT(S): 019 ZONES(S): Village Commercial (VC)
PURPOSE: Section 3.4 – Services 3 (not wholly enclosed)
SITE INSPECTION: 3:30 PM
Ms. Andrews confirmed adequate public notice was given and the abutters were notified. No conflict of interest was found. It was noted that several letters in opposition to the proposed use were received. In light of the opposition it was agreed by consensus to use the long form checklist.
Mr. Hanley reported on the site visit. They met on Maple Lane, the letters of opposition were noted. The nature of the business is a landscaping business, and essentially the employees are off site most of the day. It is not a construction company with large construction vehicles and equipment. Mr. Granston receives his material from BCM Construction. The retail component will be a side component. Sales would consist of plants and potting materials or services. Some of this would occur on the site of the customer. The scale of operation would not be a heavy commercial enterprise. Ms. Andrews added the landscaping at the site would be upgraded.
Ms. Randolph voiced concern regarding the growth potential in the business. Mr. Granston noted he had been running the business for 28 years, and had no plans to expand operations.
Ms. Randolph noted the Board needed to respect the concerns of the townspeople. She felt traffic should be looked at. Chairman Brawley suggested adding conditions to assuage the concerns. Mr. Hanley noted that there would be no heavy equipment storage at the site.
It was noted the sidewalk was in disrepair, allowing for cars to drive over them. This was noted to be a Town issue. It was suggested that perhaps the Town should be asked to upgrade the area. Ms. Carter pointed out there was a small municipal parking lot directly across the street from the property. Mr. Granston added that employees would not be at the site during the day. It was agreed the Planning Board could not make the Town repairing the sidewalk a condition of the application. The Board requested that Mr. Granston work with the Public Works Director to create a safer situation.
Katrina Carter, Agent for the owner, noted that a business like a landscaping company will attract less traffic than previous businesses that have been in the building. Ms. Randolph felt that better sidewalks were necessary to provide safer areas for pedestrians.
It was noted that parking and traffic orientation was included on the plan. A resident requested a fence around the property, however this was deemed to increase the safety risk by limiting the visibility there.
There were no public comments. The Public Hearing was closed.
Mr. Hanley moved to approve the application. Ms. Randolph seconded the motion.
Mr. Hanley found the application complete. Ms. Andrews seconded the motion. Motion approved 5-0.
A review of the checklist was made and is attached to these Minutes.
Mr. Hanley moved, with Ms. Randolph seconding, to amend the motion to approve to include a permit condition saying that nothing will be stored outside on the site except registered vehicles, vehicles stored onsite limited to three trucks, no larger than one ton each, and two trailers. Motion approved 5-0.
Motion to approve the application as amended approved 5-0.
- Subdivision Approval Application(s)
Elliman Neighborhood, LLC
Marc and Ann Cannon
AGENT(S): Noel Musson, The Musson Group
LOCATION(S): Off Neighborhood Road, & 35 Neighborhood Road
TAX MAP(S): 023 LOT(S): 017, 019 & 019-001
ZONE(S): Village Residential One (VR1)
PURPOSE: Section 5.13 of the Subdivision Ordinance – Plan Revisions
After Approval – Fieldstones Subdivision
Noel Musson of the Musson Group noted the issue at hand was simply a lot line amendment. It was noted there was no conflict of interest. No public notice was necessary as this was not a public hearing. There was no input from the public.
Mr. Musson summarized the situation. Essentially, the lots created did not have the correct road frontage, and the amendment corrects that error. The only change in either lot is the lot line is being moved.
Mr. Hanley moved, with Ms. Randolph seconding, that a public hearing was not required. Motion approved 5-0.
Mr. Ashmore moved, with Mr. Hanley seconding, that the previous findings with regard to Section 6 are still valid. Motion approved 5-0.
Ms. Andrews moved to approve the modification of the configuration of approved lots 2 and 3. Mr. Hanley seconded the motion. Motion approved 5-0.
Mr. Musson updated the Board on topics the LUZO Advisory Committee are planning to take up at the next Town Meeting, as well as the schedule of upcoming meetings.
Ms. Andrews mentioned she would like to have added to the list of topics the issue of scheduled deadlines for submittals. Discussion ensued as to how this could be scheduled in a way that allows for townspeople to receive notice and have adequate submittal time.
The topics include:
- Amend the LUZO to address non-conforming structures outside the shoreland zone.
- Amend Section 3.4 to clarify uses allowed without a permit, uses that need a CEO permit, uses that need a Conditional Use Approval, and uses that are not allowed.
- Amend ordinance language so that the state-mandated shoreland zoning standards only apply to the 250 ft. area required by the state.
- Amend ordinance to eliminate road frontage (also adjust ROW requirement to 20’ for driveways and maybe add road construction standards to the LUZO)
- Amend LUZO to allow chickens in the village area
- Clarify definition of accessory structure dealing with size
- Allow single family dwellings to have multiple kitchens in one structure
- Guest houses/accessory dwelling units on a single lot
- Amend LUZO to allow more time for non-conforming uses to be vacant
- Amendments to the Board of Appeals section
- Changes to stormwater management to address discharge to a public way from driveways, pipes for cellar drains, roof drains, ditches on the property, etc.
Chairman Brawley noted that a category in Excavation needed to be eliminated.
Mr. Musson told the Board he would notify them of meetings of the advisory committee, and that they were welcome to attend those meetings.
Mr.Hanley moved, with Ms. Randolph seconding, to adjourn the meeting. Motion approved 5-0.
Meeting was adjourned at 8:44PM.
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