Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, January 14, 2013
Public Present
Story Litchfield, Blaine Hopkins, Noel Musson, Chuck Bucklin, Scamp Gray, Carroll Fernald, Tom Fernald, Robert Bowman, Cathleen Bowman, Sheila Swanson, William Swanson, Misha Mytar, Chris Buczko, and Sam Coplon
Board Members Present
Bill Hanley, Chairman Ellen Brawley, Joseph Tracy, Dennis Kiley, and Lili Andrews
Also present were CEO Kimberly Keene and Recording Secretary Heidi Smallidge.
I. Call to Order
The meeting was called to order at 6:01 p.m. by Chairman Ellen Brawley.
Chairman Brawley suggested taking the agenda items out of order, addressing Section III.B first. This was agreed to by general consensus.
III. Subdivision(s):
Public Hearing:
B.PROPERTY OWNER(S): A.C. Fernald & Sons, Inc.
APPLICANT(S): Global Tower Assets, LLC
AGENT(S): ATC Realty
PROPERTY LOCATION: 1049 Main Street, Somesville
TAX MAP: 010 LOT: 147 ZONE(S): Village Commercial District
PURPOSE: Compliance with Section 5.13.2 of the Subdivision Ordinance of Town of Mount Desert. To create a 3-Lot Subdivision (SD #001-2012).
Proper public notification was confirmed by Ms. Andrews. It was also confirmed that abutters were notified.
Blaine Hopkins, representing Global Tower Assets, sent to the Planning Board a copy of the final plan as well as a Mylar copy of the plan. He reported he had talked with Attorney James Collier. Mr. Hopkins reported that Attorney Collier had two small revisions requested and both were completed. Chairman Brawley reviewed the plans and felt they fulfilled all the requirements stated at the last meeting. Chairman Brawley noted that a bond had been presented as well. Ms. Andrews inquired whether Attorney Collier had approved the bond. Mr. Hopkins asserted he had. Ms. Andrews noted the bond made reference to a cell tower. Mr. Hopkins agreed to remove the reference.
Sheila Swanson, a resident of Somesville requested confirmation that this meeting was addressing only the three-lot subdivision, and the possibility of a possible cell tower would be discussed at a future date. Chairman Brawley agreed that this discussion was only addressing the actual subdivision. Any future addition to the subdivision, such as a cell tower, would be addressed in a future meeting.
There was no further discussion from the Planning Board. There were no additional questions from the public. MR. TRACY MOVED, WITH MR. HANLEY SECONDING, TO APPROVE THE SUBDIVISION AS PRESENTED. MOTION WAS APPROVED 5-0.
The Planning Board members signed the plans.
II. Approval of Minutes
December 10, 2012: Chairman Brawley noted that she had requested some revisions to the Minutes and it appeared they had been made. There were no further revisions requested. It was noted that Mr. Kiley, Mr. Tracy, Ms. Andrews, and Chairman Brawley would be the voting members. MS. ANDREWS MOVED, WITH MR. TRACY SECONDING, TO APPROVE THE MINUTES AS PRESENTED. MOTION APPROVED 4-0.
III. Subdivision(s):
A.Public Hearing:
OWNER(S): Virginia S. Phelps, Trustee et als
AGENT: Noel Musson, The Musson Group
LOCATION: 16 Manchester Road, Northeast Harbor
TAX MAP: 025 Lot: 015-001
ZONE(S): Shoreland Commercial/Shoreland Residential 1
PURPOSE: Compliance with Section 5.13.2 of the Subdivision Ordinance of Town of Mount Desert. A Proposed Revision to the previously approved Phelps Subdivision (SD #002-2011)
It was confirmed that adequate public notice had been given and abutters were notified.
Ms. Andrews, as a property owner living within 1000 feet of the property in question, recused herself from the discussion.
Mr. Musson summarized the proposed changes to the properties in question. Essentially the proposal is to add a small strip of land to the 16 Manchester Road property. Mr. Musson noted the project had been discussed by the appropriate attorneys. There were no further questions from the Board. There were no questions from the public in attendance. MR. TRACY MOVED, WITH MR. HANLEY SECONDING, TO APPROVE THE SUBDIVISION REVISION. MOTION APPROVED 4-0. Mr. Hanley asked whether the corners of the strip of land being added to 16 Manchester Road needed to be marked with pins. Mr. Musson noted they could be marked. He added that the plans show the corners as “areas to be set”.
IV. Other:
Samuel Coplon – To discuss a possible re-zoning of a parcel in Somesville (Tax Map 10 Lot 152).
Mr. Coplon noted that the lot in question was lot 152 and not lot 157 as was noted on the Agenda.
Mr. Coplon provided some history of the lot in question. He had been involved with the parcel for approximately 10 years. He noted it was the one with the Old Merchant Property that originally included the lot across Route 102 in Somesville. The area across the street is now property belonging to Maine Coast Heritage Trust. The owner of the property in question is Maine Coast Partners LLC. They are exploring opportunities for the property, but have no firm plans as yet. They have studied the feasibility of housing, but have gone no further. As part of the analysis done, it became clear that if a property is located within a thousand feet of the sewer line then the sewer line has to be extended to the property. The cost seemed prohibitive at the time. Mr. Coplon was once
again exploring the options available for the property, particularly with the possibility of zoning ordinance change. He did not feel it was “spot zoning” as the proposed zone change would be contiguous with an existing zoning district in the area and within the character of that part of the village. Mr. Coplon noted they were only considering changing the section of property in the R2 zone to VR1. Mr. Coplon presented a map of the area in question. He stated they would not change the zoning of the area where the Merchant cabin is. The Merchant cabin is on the lot in question.
CEO Keene, corrected Mr. Coplon by informing him and others that when any part of a proposed subdivision is located within 1500 feet of a public sanitary sewer line, the subdivision lots shall connect to the Town sewer.
Chairman Brawley asked where the sewer line currently ended. Mr. Coplon said it ended about 1000 feet to the south.
Mr. Bucklin inquired about the road Shep Harris proposes putting in on his lot. Mr. Coplon stated that the Harris road stays entirely in the Town of Bar Harbor and he had no knowledge of the proposed project. Mr. Bucklin inquired whether there would be development on both sides of the road. Mr. Coplon noted that any development would occur only on the west side of the road. The property itself was approximately 80 acres. Currently Mr. Coplon had no idea how many parcels the property might be divided into.
Mr. Tracy inquired whether the Village Residential area adjacent to the property in question was owned by one person. Mr. Coplon noted there were multiple owners.
Mr. Tracy asked who Maine Coast Partners LLC was. Mr. Coplon said it was somebody who was involved locally. They partnered with the Maine Coast Heritage Trust several years ago to purchase the Merchant property.
Misha Mytar, representing Maine Coast Heritage Trust, clarified that Maine Coast Heritage Trust was involved in the purchase of the larger parcel. Maine Coast Heritage Trust owns the property across the road where their offices are located but they have no ownership or any involvement in the property in question. Ms. Andrews asked whether there were restrictions on the property being discussed. Ms. Mytar stated there were no restrictions on the property in question.
Mr. Tracy felt this was an appropriate place for some high density development.
Mr. Coplon inquired what the process would be for such a re-zoning. CEO Keene stated the issue would be presented to the Planning Board and the Planning Board would hold a public hearing. Then the issue would be presented to the Board of Selectmen. The issue would then be presented to the Warrant Committee, and then go before the Town Meeting. She noted they would have to formally ask for the zoning change in writing and include the reasons for the change. Discussion on the topic ended.
Ms. Andrews asked for an update on Noel Musson’s work for the Town. CEO Keene noted that currently he was working on the moratorium-related issues. Ms. Andrews asked for how many hours had they hired Mr. Musson. CEO Keene said he had been given a contract, but she did not remember the amount. Ms. Keene noted she added $10,000 to her planning budget for planning consultants. Ms. Andrews opined that along with the money a commitment for a specific number of hours per week would be good to have to assure progress was being made. Chairman Brawley noted the next meeting Mr. Musson and his committee had scheduled was January 24th.
CEO Keene noted there was no Planning Board meeting on January 28th. It was estimated that the application for a cell tower may come before the Board at the February 11, 2013 meeting. Mr. Tracy recommended having Attorney Collier present for that meeting.
V. Adjournment
MR. TRACY MOVED TO ADJOURN. MR. HANLEY SECONDED. MOTION APPROVED 5-0. MEETING ADJOURNED AT 6:55PM.
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