Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Town Office Meeting Room
6:00 pm, September 10, 2012
Public Present
Jean Travers, Gerald Shencavitz, Laurie C. Shencavitz, Daniel Pileggi, Michael Deletesky, Blaine Hopkins, Thomas J. Fernald, Carroll Fernald, Dick Broom, Robert Carter, Bill Fernald, Peter Aylen, Judith E. Aylen, Noel Musson, Katrina Carter, and Christine Breedlove
Board Members Present
Chairman Ellen Brawley, Bill Hanley, Joseph Tracy, James Clunan, and Lili Andrews
Also present were James W.J. Collier Esq. – Attorney for the Board, and Recording Secretary Heidi Smallidge.
I. Call to Order
The meeting was called to order at 6:03 p.m. by Chairman Ellen Brawley. Planning Board members present were named.
II. Approval of Minutes
It was confirmed that Mr. Hanley, Mr. Tracy, and Mr. Clunan were the voting members at the August 27, 2012 meeting and so would be the voting members on the Findings of Fact and Conclusion of Law. Mr. Collier inquired whether this were enough for a quorum, noting Sandy Andrews was not at the meeting to vote. Chairman Brawley assured him it was a quorum.
Ms. Brawley recused herself from the discussion and vote, as she had been recused from previous discussions. Mr. Clunan presided over the review.
Mr. Clunan inquired as to whether meeting minutes should be approved prior to the Findings of Fact and Conclusion of Law. Mr. Collier didn’t feel it mattered.
MR. TRACY MOVED, WITH MR. HANLEY SECONDING, TO REVIEW FOR APPROVAL THE MINUTES PRIOR TO REVIEWING THE FINDINGS OF FACT AND CONCLUSION OF LAW. MOTION APPROVED 3-0.
It was noted that while Mr. Andrews was not in attendance he did email a number of revisions to the Minutes. A review of the Minutes commenced.
Page 3, line 18 – add an ‘s’ to ‘impact’ to make it plural. This suggestion was amenable to the other Board members.
Page 3, line 26 – change the first sentence to read: “Mr. Andrews felt the Board could impose conditions on the mineral extraction operation and that such conditions could exist as either a stand-alone document or an addition to any permit issued by the CEO.” This suggestion was amenable to the other Board members.
Page 3, line 40 – add the following phrase: Mr. Andrews pointed out that section 6B.12.4 specifically gave the Planning Board the power to “impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources”. This suggestion was amenable to the other Board members.
Page 4, line 9 – Change the first sentence to read: Mr. Andrews noted that the CEO review process did not include an open process in which the public could participate, something a Planning Board hearing would permit and which is important when an application may have a wide impact on the general public.
The minutes should reflect that after reconsidering the motion on page 3, line 41, the motion was subsequently re-voted and once again approved by a vote Mr. Andrews believed was 3-1. I.E there were three votes, the first to approve the motion, the second to reconsider the motion, and the third to vote it again after reconsideration.
It was questioned if the 3-1 vote on page 4 of the Minutes was the motion in question. Mr. Collier agreed that there should have been an additional motion and vote.
There were no additional revisions requested for the Minutes.
MR. CLUNAN MOVED, WITH MR. TRACY SECONDING, TO SUSPEND CONSIDERATION OF THE AUGUST 27, 2012 MINUTES PENDING A REVIEW OF THE TAPE BY THE RECORDING SECRETARY WITH SPECIFIC FOCUS ON WHAT HAPPENED TO THE MOTION TO RECONSIDER. MOTION APPROVED 3-0.
III. Review and Approval of Findings of Fact and Conclusions of Law from the August 27, 2012 MacQuinn / Freshwater Stone Reclamation Plan Review hearing
Mr. Collier reviewed the Findings of Fact, having made a few changes to the final draft.
A copy of the Findings of Fact and Conclusion of Law has been attached to these Minutes.
Mr. Collier explained thoroughly his reasons for the content of the document.
There were no additional comments. Mr. Clunan noted some minor typing errors. Mr. Collier prepared the documents for signatures.
Mr. Clunan suggested that the meeting be returned to Chairman Brawley, and Chairman Brawley resumed her position presiding over the board.
IV. Subdivision Application(s)
Pre-application:
The pre-application procedure is solely to facilitate an understanding of what is proposed, what may be possible, and what may be acceptable.
Property Owner(s): 18 Manchester Road, LLC.
Agent(s): Noel Musson, The Musson Group
Property Location: 18 Manchester Road, Northeast Harbor
Tax Map: 025 Lot: 016 Zone(s): Shoreland Commercial/Shoreland Residential 1
Site Inspection: 4:00PM
Chairman Brawley noted she and Lili Andrews had attended the site inspection.
Ms. Andrews confirmed there had been adequate public notice in the August 30, 2012 Mount Desert Islander. It was noted that this was a pre-application hearing and it was not required to notify abutters.
Ms. Andrews stated the work planned will make no noticeable changes to the site. Sidewalks would go in on the shore side of the road, the land there is flat, and declines toward the shore. There are trees along the boundary, none of which will be affected by the proposed work. Chairman Brawley noted that a subdivision in the nearby area done in November includes 16 Manchester Road.
Mr. Collier inquired whether this were a subdivision of three lots or more. Only with a subdivision of that size does the Planning Board have jurisdiction. It was noted that this project will add land to a subdivision created within the past five years, putting it within the Planning Board’s jurisdiction. Mr. Collier suggested that a motion and vote to find the Planning Board had jurisdiction should be made for any subdivision findings of this type.
MR. TRACY MOVED, WITH MR. CLUNAN SECONDING THAT UNDER SECTION 4.1 OF THE SUBDIVISION ORDINANCE THE PLANNING BOARD IS HEARING A PRE-APPLICATION FOR A PROPOSED SUBDIVISION AND THE BOARD FINDS IT HAS JURISDICTION OVER THE MATTER BECAUSE A LOT IN A PREVIOUSLY APPROVED SUBDIVISION WOULD BE EXPANDED UPON. MOTION APPROVED 5-0.
Noel Mussen of The Musson Group presented a plan to the Board showing the parcels in question. He explained that the project will create two lots on which dwelling units can exist out of one lot at 18 Manchester Road LLC. He reminded the Board they had approved the Phelps Subdivision several months ago, creating two lots; 16 Manchester Road being one of them. 18 Manchester Road is considered a nonconforming lot because it doesn’t meet the 150 foot road frontage requirements. They are proposing conveying a strip of land from 18 to 16 Manchester Road. 18 Manchester Road then will not have road frontage and be considered a backlot. Then the second lot of 18 Manchester Road will be created. A second backlot would have all of the shorefrontage and both lots would be accessible with an easement; the
first lot’s easement over 16 Manchester Road, and the second lot of 18 Manchester Road will have an easement over the first lot of 18 Manchester Road. No development is being proposed. Mr. Musson noted the tree lines remain unchanged as do the sewer and water lines.
Mr. Collier felt that shorefrontage was required for a lot in the shoreland zoning district. He felt this may be required by the State subdivision laws. Mr. Musson noted he would check the ordinance to ensure compliance, but that such lots have been created in the past.
Completeness Review:
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: To create a 3-Lot Subdivision
MR. CLUNAN MOVED, WITH MR. TRACY SECONDING, THAT THE PLANNING BOARD HAS JURISDICTION OVER THIS REVIEW BECAUSE IT REGARDS A THREE-LOT SUBDIVISION. MOTION APPROVED 5-0.
Ms. Andrews confirmed there was adequate public notice in the August 30, 2012 Mount Desert Islander and the abutters were notified.
Chairman Brawley reminded the Board that at the July 9, 2012 meeting a number of items were listed as required to complete the review. The Motion of July 9, 2012 was as follows:
“MR. CLUNAN MOVED, WITH MS. ANDREWS SECONDING, TO FIND THE APPLICATION INCOMPLETE UNTIL THE FOLLOWING CONDITIONS LISTED WERE FULFILLED TO THE SATISFACTION OF THE PLANNING BOARD. THOSE CONDITIONS BEING: SUBMISSION OF THE BANGOR HYDRO DEED, AN EROSION CONTROL AND SEDIMENTATION PLAN, A SITE PLAN WITH A DESCRIPTION OF DRAINAGE WRITTEN BY AN ENGINEER, SOIL TYPES, THE LOCATION OF EXISTING SEWER, IF ANY, A $75,000 PERFORMANCE BOND, AN ACCEPTABLE TURN-AROUND AREA WORKED OUT WITH BANGOR HYDRO, AND A PLAN SHOWING LOT LINES GOING TO THE CENTER OF THE ROAD RIGHT OF WAY.”
Blaine Hopkins, representing Global Tower Assets LLC, noted the Bangor Hydro deed was submitted to the Board, paperwork regarding the performance bond was submitted to the Board, and the plan now shows that the property owners will have lots that extend to the center of the road right of way.
With regard to the cul de sac, Mr. Hopkins showed a plan showing the cul de sac. Michael Deletesky, P.E. from AMEC showed where the 50 foot radius cul de sac would be. Mr. Deletesky assured they would double check the requirements for the radius size. Chairman Brawley asked about the contour of land. Mr. Deletesky said the area would be graded across like a parking lot.
Ms. Andrews inquired about the vernal pool in the area. Mr. Hopkins said they had applied for and received a permit from the DEP for the work they planned in the area.
Mr. Hopkins added that they had confirmed that the Stabile property is served by sewer and there is a sewer easement and it is also in Mr. Stabile’s deed of purchase. The sewer line travels along the road and has so far experienced no adverse impact from traffic related to the site.
Mr. Deletesky talked about the erosion control limits made. Details are on the plan. He summarized that there would be stone-checked dams created during construction and then left in place. A portion of the runoff would be directed toward the wetlands with the DEP’s approval. Also an area at the entry point of the road would be repaved. While repaving doesn’t necessarily improve drainage, the area does need upgrading and pavement with frozen water tends to thaw faster. Mr. Clunan inquired how steep the driveway was. Mr. Deletesky noted it was 15% incline the first 15 feet.
Mr. Deletesky noted that a soils map was asked for and page C105 of the plans show lots and breakdowns.
Chairman Brawley noted the Board was not expert on stormdrainage. They would have to ask for a professional opinion on the plans. Mr. Hopkins noted that Mr. Deletesky was an approved and licensed engineer and had worked with CES on the plans.
Chairman Brawley noted that similarly performance bonds were not something the Board is familiar with. Mr. Clunan inquired what the difference was between the sample and actual bond. Mr. Hopkins noted that usually the Town attorney weighs in on the bond, and discussions go back and forth between the Town and the bond company.
Mr. Collier asked about pins set at the corners of the lot. Mr. Deletesky noted that normally they don’t set pins, but they can if it’s necessary. It was agreed the pins would be set.
Mr. Clunan noted the performance bond was not complete. Chairman Brawley stated it could not be obtained till the project was approved.
Mr. Collier opined the Board shouldn’t be concerned with the bond at this juncture and move forward to find the plan complete with the exception of the permanent markers.
MR. CLUNAN MOVED, WITH MR. TRACY SECONDING, TO FIND THE APPLICATION COMPLETE, SUBJECT TO AN OPINION OF THE TOWN ATTORNEY IN REGARD TO MONUMENTS REQUIRED TO BE SHOWN IN THE PLAN PURSUANT TO LUZO SUBDIVISION ORDINANCE SECTION 4.6.2(5).
Mr. Tracy asked how soon the opinion could be gotten by the Town attorney. Mr. Collier noted it could be done the following day. It can simply be marked on the plat “to be placed by others”.
MOTION APPROVED 5-0.
Mr. Hopkins inquired about hearing dates. Chairman Brawley suggested the next meeting the application could be reviewed at was Tuesday, October 9. Mr. Hopkins felt that would be time enough to get the corners set.
There was no other business.
V. Adjournment:
MR. CLUNAN MOVED, WITH MR. TRACY SECONDING, TO ADJOURN. MOTION APPROVED 5-0. Meeting was adjourned at 7:47pm.
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