Skip Navigation
This table is used for column layout.
 
Planning Board Meeting Minutes - 12/11/13
Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, December 11, 2013

Public Present
Eileen McGlinchey Fahey, Sam Shaw, AT&T Consultant Peter Cooke, Jackie Hewett, Story Litchfield, Bay Communications Representative Mark Cook, Attorney for Bay Communications John Springer, Attorney for Bay Communications Andrew Hamilton, Attorney for Kyndar Proprietary, LTD, Trustee Margaret Jeffrey, Meg Ashur, Chuck Bucklin, Sydney Roberts Rockefeller, Attorney for the Planning Board James W.J. Collier, Esq., Stephanie Clement, Katrina Carter, Dick Broom, Ted Bromage & Mia Thompson.

Board Members Present                   
Bill Hanley, Joseph Tracy, Lili Andrews, Chairman Ellen Brawley, and Dennis Kiley

Also present were CEO Kimberly Keene and Recording Secretary Heidi Smallidge

  • Call to Order
The meeting was called to order at 6:02 p.m. by Chairman Ellen Brawley. Planning Board members present were noted.

  • Approval of Minutes:
October 23, 2013:  Voting members to approve the Minutes were Chairman Brawley, Ms. Andrews, and Mr. Hanley and Mr. Kiley.  Mr. Hanley moved, with Mr. KilEy seconding, to approve the minutes as presented.  Motion CARRIED  4-0

  • Land Use Ordinance Amendments(s):
Jackie Hewett, the economic development consultant for the Town of Mount Desert, presented to the Board a proposed Amendment to the Town of Mount Desert Land Use Zoning Ordinance regarding Sign Regulations, and explained the signage program the Town is currently engaged in to the Planning Board.  She explained the various phases and the phase currently being proposed.  Various business owners in Town voiced their support of the proposed Amendment.  Sydney Roberts Rockefeller noted some of the signs currently up will be taken down and replaced by new signs.  Chairman Brawley informed the Board that the Board of Selectmen would like a recommendation regarding the proposed Amendment.  Mr. Tracy moved, with Mr. Kiley seconding, to recommend passage of the PROPOSED AMENDMENT TO THE TOWN OF MOUNT DESERT LAND USE Zoning ORDINANCE REGARDING SIGN REGULATIONs AS PRESENTED (SEE ATTACHED).  Motion approved 5-0.

Attorney Collier informed the Planning Board they would need to submit a written report to the Board of Selectman regarding their decision.


Zoning Change Request:

OWNER(S):  Kyndar Proprietary Ltd. - Trustee
AGENT(S):  Margaret T. Jeffery, Esq.
LOCATION:  28 Neighborhood Road, Northeast Harbor
TAX MAP:  023 LOT(S):  022-003 ZONE(S):  Shoreland Residential 1 (SR1)

It was confirmed there was adequate public notice.  No conflict of interested was found.  The Planning Board’s jurisdiction to hear the issue was established.  

Margaret Jeffery, representing Kyndar Proprietary Ltd., presented the owner’s view that the property in question should be rezoned out of the Shoreland Residential 1 zoning district and into the Village Residential 1 zoning district.  The lot had been divided from a larger lot, and is now completely outside the shoreland zone.  CEO Keene noted that when such a division happens, the rezoning has to be requested; it is not automatic.  Mr. Hanley pointed out the sewer easement serving the lot crosses Shoreland Zone land.  Attorney Jeffrey noted the sewer line does not go down Neighborhood Road.  It was noted the lot could be subdivided into an estimated 4-5 lots though Attorney Jeffrey stated that there were no plans at this time to subdivide the lot.  After some discussion, Mr. Tracy moved, with Mr. Hanley seconding, to recommend passage of the PROPOSED AMENDMENT TO THE TOWN OF MOUNT DESERT LAND USE Zoning ORDINANCE SECTION 3 LAND USE DISTRICTS 3.3 MAP CHANGES REGARDING the zoning change OF TAX MAP 023 LOT 022-003 FROM ZONE SHORLAND RESIDENTIAL 1 (SR1) TO VILLAGE RESIDENTIAL 1 (VR1).  Motion approved 5-0.

Attorney Collier informed the Board that a written report to the Board of Selectmen was required.

Conditional Use Approval Application # 009-2013
OWNER(S):  Richard M. Savage III
APPLICANT(S):  Bay Communications II, LLC/Mark Cook
AGENTS(S):  Jonathan Spring, Esq.
                  P. Andrew Hamilton, Eaton Peabody, Esq.
LOCATION:  26/28 Gatehouse Road, Northeast Harbor
TAX MAP:  005 LOT(S):  009-002 ZONE(S):  Residential 2 (R2)
PURPOSE:  Section 6B.17 Wireless Communication Facility – Cell Tower
SITE INSPECTION:  2:00 PM

It was confirmed there was adequate public notice and the abutters had been notified.   Joseph Tracy stated he had a conflict of interest because of his ongoing interaction with Rick Savage.  He added that because he is planning to step down from the Planning Board he would not be available to hear the entire issue, and felt recusing himself would be preferable.  Mr. Hanley moved, with Mr. Kiley seconding, to accept Mr. Tracy’s recusal with regret.  Motion approved 4-0.  The remaining Board members were confirmed as voting members.

It was questioned whether people owning cemetery plots could be considered abutters.  Attorney Collier did not feel they could be considered abutters; there are no deeds per se for the land.  He reminded the Board that this was only a completeness review.  Mr. Kiley noted that for the public hearing it would be courteous to let people with cemetery plots know.

Attorney Hamilton submitted copies of a written statement titled “Applicants’ Submission/Responses to Section 6B.17 Wireless Communication Facilities”.  He proceeded to review each point of the statement.  

Mark Cook of Bay Communications noted that other sites for the tower were looked at, including properties owned by the Town and the Water Company and property on Thuya Drive.  

Discussion ensued regarding the visibility test.  It was proposed that notice to abutters within a 1000 foot radius of the proposed tower, along with a notice in the newspaper would be acceptable.  

It was noted there were several items that were not completed.  Mr. Hamilton stated the applicant wanted to show that they’ve done what they can at this point in the process.  They are asking for temporary waivers for this meeting, or to defer the final completeness review till after the assessment.  Attorney Collier stated that by the time of the public hearing all documentation would have to be submitted.  Chairman Brawley added the Board can find the application complete with exceptions.  

Discussion of outreach to landowners out of state was held.  Concern with regard to the cemetery was also voiced.  Mr. Cook assured the Board that multiple photos from the cemetery from multiple angles would be done.  It was noted that the NEPA report would address many of the missing submittals.

Attorney Collier noted that at the last cell tower public hearing the Board had requested visual assessments made from some additional areas.  

Mr. Kiley moved, with Mr. Hanley seconding, that for purposes of the visibility assessment under the LUZO Section 6B.17.8.g, the Board considers assessment of public areas as well as private residences within a one-mile radius of the center of the tower to be satisfactory.  For purposes of notice of the balloon test the Board requires notice to those property owners as highlighted on Exhibit A (copy attached), as well as newspaper notice in the Mount Desert Islander at least fourteen days prior to the balloon test.  The Board also requests photos during the balloon test from the locations noted on the bottom of Exhibit A as highlighted.  Motion approved 4-0.

Further discussion of the materials submitted ensued.  The Board clarified which sections of the submittals required more information.  

After some discussion, Mr. Kiley moved that the Application is complete, except for Items in 6B.17.8.A, B, D, F, G, 10A, the missing FCC Form 620, and input from the DEP regarding the stream crossing.  Mr. Hanley seconded the Motion.  Motion approved 4-0.


Mr. Kiley moved, with Mr. Hanley seconding, to table the completeness review and possible start of the public hearing until February 26th, 2014.  Motion approved 4-0.


  • Adjournmant
Ms. Andrews moved to adjourn.  Mr. Hanley seconded.  Motion approved 4-0.  Meeting adjourned at 8:30 pm.

Attachment to Planning Board Minutes of 12-11-13




TOWN OF MOUNT DESERT LAND USE AND ZONING
ORDINANCE

6B.15 Sign Regulations

1. Definition. Any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other figure which is designed, intended, or used to advertise or inform. A sign with a double signboard or display area shall be construed to be one sign for the purpose of this Ordinance.
  • Minimum requirement. No sign shall be changed, structurally altered,
erected, or relocated except in conformance with this Ordinance.  
2.Exempt Signs. The following signs are exempt from the requirements of this ordinance.
  • Government Sign. Municipally authorized directional or informational sign located on property owned, leased or under the control of the Town of Mount Desert.
  • Plaque. An interpretive sign or plaque up to four (4) square feet which identifies or explains a point or article of historic significance.
 32. Signs Prohibited:
  • Off- premise signs. Signs relating to goods or services not sold or rendered on the premises are not permitted, except for those permitted under section 43.
  • Subdivision, multi-family developments. Permanent signs which are visible from the public road identifying an entry or name of a subdivision or multifamily development are not permitted.
        
43. Signs Permitted: Temporary Signs:
  • Events Non commercial. Signs of a temporary nature, non-commercial such as political posters, advertisements of special events and charitable functions, notices of meetings, and other signs of a similar nature, are permitted for a period not to exceed thirty (30) days (except banners) and shall be removed by the party erecting the sign.    
  • Banners. Banners for special events and charitable functions are permitted for a period of fourteen (14) days.
  • Real Estate. A real estate sign up to nine (9) square feet in area (attached to a building or free standing) may be erected advertising the sale, lease, or rental of the premises upon which the sign is located. All signs shall be removed by the owner or agent when the property is sold or leased.
  • Agriculture. Agricultural signs may be erected during the period June May 15 through November 1, by growers of fresh fruit and vegetable crops, when such crops are offered for sale on the premises where grown or sold; such signs shall advertise only those fruits and vegetables immediately available. Signs shall not exceed eight (8) square feet in size; must be located within five (5) miles of the farm stand; shall be permitted only during the day crops are offered for sale. Signs must be erected on private property with the landowner’s written consent.
  • Construction. One sign up to nine (9) square feet in area identifying a current construction project may be erected.
54. Signs Permitted: Permanent Signs:
  • Bulletin board. A bulletin board or similar sign not exceeding twenty-four (24) square feet in display area in connection with any church, school, library, museum, or similar public structure is permitted.
  • Home occupation. Signs announcing the name, address, and profession of a permitted home occupation or a lawfully existing non-conforming home occupation are allowed, providing such signs do not exceed two (2) square feet in display area.
  • Identification. Identification signs indicating the location of or direction to a private dwelling may be erected on the owner’s property. Such signs shall not exceed two (2) square feet in area nor extend higher than five (5) feet above the ground level. Directional signs solely indicating ingress or egress placed at driveway locations, containing no advertising material or display area shall not exceed three (3) square feet nor extend higher than four (4) feet above ground level.
  • General. “No Hunting”, “No Trespassing”, and similar signs, of size no larger than 2 square feet are permitted on private land.
  • Directional. Directional signs at intersections of two or more state roads within the Town of Mount Desert are permitted with the approval of the Board of Selectmen and the prior recommendation of the Planning Board, which shall be forwarded to the Selectmen by the applicant with their application for a directional sign.
65. General Safety Standards. No sign, whether new or existing, shall hereafter be permitted that causes a sight, traffic, health, or welfare hazard, or results in a nuisance, due to illumination, placement, display, or manner of construction.
  • Projecting signs. No sign shall project over a public right-of-way, but this restriction does not apply to signs over sidewalks. Signs erected after March 1, 1992 shall provide a minimum of ten (10) feet six (6) inches clearance over sidewalks and a minimum of fourteen (14) feet clearance over roads and rights-of-way.
76. Restrictions and Limitations on Signs
  • Permit Required. No permanent sign in excess of two (2) square feet shall be erected within the Town of Mount Desert without first acquiring a building permit from the code Enforcement Officer.
  • Size Limit. No sign (except banners) shall exceed thirty-two (32) square feet in area. Nor shall the aggregate of all signs on site pertaining to any business exceed thirty-two square feet in area unless Conditional Use Approval of the Planning Board is obtained. In shoreland areas, no sign shall extend higher than twenty (20) feet above the ground.
  • Section 3 limits. No billboard, banner, streamer, pennant, ribbon, spinner, or similar device shall be erected in any district, except those permitted in Subsection 3.1.
  • Moving Parts. No sign shall have visible moving parts, blinking, moving or glaring illumination, or any part consisting of banners, pennants, ribbons, streamers, spinners, or other similar devices. A string of lights shall not be used for the purpose of advertising or attracting attention. Signs may be illuminated only by shielded non-flashing lights. Neon and other self-illuminating signs are not permitted. For the purpose of this Ordinance, self-illuminated vending and like machines are considered signs.
  • Roof Signs. Roof signs shall not be permitted except after the issuance of Conditional Use Approval of the Planning Board. No roof sign shall extend above the roof line of the building.
87. Maintenance and Conformance of Signs: No sign shall hereafter be erected, altered, or changed except in conformity with the provisions of this Ordinance. Notwithstanding any provisions contained herein, however, the sign must be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring or loose fastenings, and must be maintained at all times in such safe condition.

98. Removal: Any sign now or hereafter existing which no longer advertises a bona fide business conducted, product sold, activity or campaign being conducted, or public notice, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or premises upon which such sign may be found within ten (10) days after the written or personal notification from the Code Enforcement Officer.