Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, June 28, 2013
Public Present
Noel Musson, Peter Aylen, Judy Aylen, Erma Smallidge, David Orsmand, Scamp Gray, Jean Travers, Ellen Kappes, Seth Singleton, Charlotte Singleton
Board Members Present
Chairman Ellen Brawley, Bill Hanley, Lili Andrews
Also present were CEO Kimberly Keene, Town Manager Durlin Lunt, and Recording Secretary Heidi Smallidge.
The meeting was called to order at 6:00 p.m. by Chairman Ellen Brawley. The members present were noted.
Chairman Brawley suggested taking the Agenda items out of order and addressing Item 3 first. Mr. Hanley moved, with Ms. Andrews seconding, to address Item 3 of the Agenda first. Motion approved 3-0.
- Planning Board Public Hearing (Cont’d from 6/10/13 and 6/24/13 meetings):
Chairman Brawley opened the public hearing. She noted the materials being presented were in their final form. The purpose of the meeting was to share and reach an understanding of them and share thoughts with the Planning Board prior to the Planning Board making their recommendations.
Noel Musson lead discussion regarding the warrant articles presented to the public. He explained each article and the effects each of the articles would have if approved or rejected. Discussion was held to clarify the definitions of active and inactive quarries.
Seth Singleton voiced concern regarding the fact that a quarry can be allowed anywhere in most areas of the Town. He voiced concern over the fact that citizen input did not seem to have any place in the process. He also worried about the effect on property values and business revenue.
Charlotte Singleton questioned the appropriateness of the hours of operation of a quarry given its location. Ellen Kappes, a member of the advisory committee, noted the committee felt it to be unfair to dictate hours for one particular business, when the Planning Board did not dictate the hours of other businesses in Town.
Erma Smallidge voiced her concerns regarding the hours. She noted that emergency repair could be done at any time. This could be interpreted to mean that an operation could run 24 hours a day, seven days a week. Mr. Musson felt there would be a difference between emergency repairs and what would be apparent as normal operation. He felt this was where common sense would be the judge.
Ms. Singleton voiced concern about traffic and the foot traffic in the area. Discussion ensued regarding traffic and the improvement of roads.
David Orsmand asked about the 50-foot buffer zone.
CEO Keene reminded the public that the ordinance as it stands cannot be changed at this point. The process for creating the ordinance has been ongoing since October of 2012 and this was the final hearing at which the Planning Board would give its recommendation.
Ms. Smallidge inquired whether quarry depths were regulated in the ordinance. Chairman Brawley noted that additional permitting was required for a quarry that dipped below the water table.
Ms. Smallidge noted that an earlier iteration of the ordinance had noise regulations and this final version has none. Mr. Musson stated there had been lengthy committee discussion regarding noise. The committee questioned forcing rules on one industry when there are none on any other businesses in Town, and the question of enforcement was a difficult one. Town Manager Durlin Lunt added that there have been legal cases where enforcing a noise ordinance on one industry or business, but not others in Town was a violation of constitutional rights. Discussion regarding noise ensued.
Judy Aylen inquired how enforcement of the quarry limits would be measured to curtail spread before the ordinance was passed. Chairman Brawley noted that a site plan and survey were required.
The moratorium and licensing was discussed.
There was no further input from the public. Mr. Hanley moved, with Ms. Andrews seconding, to close the public hearing. Motion approved 3-0.
Chairman Brawley noted the next step was to discuss what was said and to make a recommendation.
Discussion ensued regarding the Comprehensive Plan and how quarries would fit the goals of the comprehensive plan.
Ms. Andrews moved that the Planning Board recommends passage of Article 3. Mr. Hanley seconded the motion. Motion failed 2-1 (Brawley).
Mr. Hanley moved, with Ms. Andrews seconding, to reconsider the vote. Motion approved 3-0.
Ms. Andrews moved that the Planning Board recommends passage of Article 3. Mr. Hanley seconded the motion. Motion failed 1-2 (Andrews, Hanley).
Chairman Brawley stated that as a result of the vote the Planning Board makes no recommendation on Article 3.
Discussion turned to Article 4 and 5.
Ms. Andrews moved to recommend Article 4. Mr. Hanley seconded the motion. Motion approved 3-0.
Ms. Andrews moved to recommend Article 5. Mr. Hanley seconded the motion. Motion approved 3-0.
Prior to the approval of Minutes, the status of Planning Board members was discussed briefly.
Mr. Hanley moved to have Sandy Andrews designated an alternate member of the Planning Board, and designate Dennis Kiley a full time member of the Planning Board. Ms. Andrews seconded. Motion approved 3-0.
Discussion of meeting dates ensued. Mr. Hanley moved to change the Planning Board meetings to the 2nd and 4th Wednesdays of each month, as of the first meeting in August (August 14). Ms. Andrews seconded the motion. Motion approved 3-0.
Minutes of May 28, 2013:
A review of the Minutes were made. Ms. Andrews noted that several changes made were not included in the draft they were looking at. The Board re-reviewed the Minutes and made changes to the draft. Ms. Andrews moved to approve the Minutes of May 28, 2013 as amended. Mr. Hanley seconded the motion. Motion approved 3-0.
Minutes of June 5, 2013:
Discussion was held regarding the Minutes of June 5, 2013. Several revisions were made. Mr. Hanley moved to approve the Minutes of June 5, 2013 as amended. Ms. Andrews seconded the motion. Motion approved 3-0.
Minutes of June 10, 2013:
The Minutes of June 10, 2013 could not be approved.
Mr. Hanley moved, with Ms. Andrews seconding, to adjourn the Meeting. Motion approved 3-0. Meeting was adjourned at 8:20 pm.
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