Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Northeast Harbor Library, Mellon Room
6:00 pm, October 9, 2012
Public Present
James W. J. Collier Esq., Counsel to the Board, Blaine N. Hopkins representing Global Tower Assets, Larry Stabile, Gail H. Reiber, Barbara Sassaman, Becky Brush, Carol Fernald, Thomas Fernald, Margot Woolley, Gerry Vasisko, Wells Bacon, Fran Stehman, Dennis Kiley, Barbara L. Williams, Owen Craighead, William C. Fernald, Russell S. Brunetti, Sheila Swanson, Bill Swanson, and Edward Bromage
Board Members Present
Chairman Ellen Brawley, Joseph Tracy, Bill Hanley, and Sandy Andrews
Also present were CEO Kimberly Keene, 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
August 27, 2012: It was noted that voting members for these Minutes would be Mr. Andrews, Mr. Tracy, and Mr. Hanlon. The Minutes were revised to incorporate the changes Mr. Andrews suggested in a prior email and discussed by Board members on the meeting of September 10, 2012. Mr. Clunan sent an email regarding his approval of the Minutes, and added that the motion missing previously and now added to page 7 of the Minutes was moved by Mr. Andrews, seconded by Mr. Clunan, and approved 3-1 with Mr. Tracy voting against. MR. ANDREWS MOVED, WITH MR. HANLON SECONDING, TO APPROVE THE MINUTES OF AUGUST 27, 2012 AS REVISED. MOTION APPROVED 3-0.
September 10, 2012: It was noted that Chairman Brawley, Mr. Hanlon, and Mr. Tracy were the voting members for these Minutes. MR. HANLON MOVED, WITH MR. TRACY SECONDING, TO APPROVE THE MINUTES OF SEPTEMBER 10, 2012 AS PRESENTED. MOTION APPROVED 3-0.
September 24, 2012: There was no quorum to approve these Minutes. Minutes were tabled.
00;">III. Subdivision Applications
Public Hearing(s):
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. Collier noted that with regard to placement of markers at the corners of the property, the applicant has provided a new plan with those markers noted, satisfying the Board’s request.
Blaine Hopkins, representing Global Tower Assets LLC, presented the project to the Board. He noted the application was for the creation of a 3-lot subdivision on an approximately 34-acre parcel. The lot is zoned Village Commercial District and is the only lot in Somesville so designated. He noted Bangor Hydro had purchased 3.7 acres.
Mr. Hopkins noted there was a drainage report available. He stated there would be no additional drainage resulting from the project; a minor amount of water drains towards the back of the lot and none towards the road.
Mr. Hopkins mentioned that Global Tower Assets would like to pave the end of the access drive. He noted they expect only 3-4 visits per month to the site.
He stated there would be a small amount of tree cutting; an area of approximately 50’x100’. The remainder of the land would not be impacted.
Mr. Hopkins noted there was a vernal pool on the lot. The DEP has given them a permit for the proposed work.
With regard to stormwater runoff, Mr. Hopkins noted there should be no additional runoff due to construction. The soil types were identified – essentially ledge and blueberries. He noted the road would not be upgraded and coffer dams would be added, slowing any flow.
With regard to erosion and sedimentation, Mr. Hopkins noted the map showing details of the ditching contours. He added the project would not impact wildlife or Native American sites.
Sheila Swanson, a landowner living nearby inquired about what the plans were for the land once it was subdivided. Mr. Stabile, a landowner abutting the site, felt that the zoning of the area was intended to encourage shops and businesses and maybe more housing.
Chairman Brawley noted the application was only for the subdivision of the land itself. Discussion would have to remain limited to that. The Board’s job was only to review the subdivision and whether it was in compliance.
There was no further public input. Chairman Brawley closed the hearing.
Chairman Brawley noted that sections 4 and 5 of the Subdivision Ordinance and Section 6A of the Land Use Ordinance must be met.
Beginning with Section 4, it was noted that the sketch plan was found complete. Mr. Collier asked whether the Bangor Hydro parcel was to be leased or conveyed. Mr. Hopkins stated it was to be conveyed by lease. Mr. Collier requested that fact be added in writing to the plan.
Section 5.1, Buffer Strip - Mr.Hopkins noted that only a small portion of area would be cut and the rest would remain trees, creating a buffer. Mr. Andrews stated the area must be designated buffer zone on the plan, otherwise it is not actually buffer zone.
Section 5.2, Conformance with other Laws, Regulations - Mr. Hanlon requested that Mr. Hopkins speak more to erosion control, particularly between the vernal pool and the subdivision. Mr. Hopkins noted that Global Tower Assets wanted no additional runoff created. The DEP would not have approved their permit if it were found that additional runoff was being added to the vernal pool. Mr. Hanlon asked about erosion control fencing. Mr. Hopkins noted that there would be hay bales and the area would be re-planted. The new vegetation would absorb the runoff.
Section 5.3, Construction Prohibited - Mr. Andrews noted the turn-around had not been built yet. Mr. Hopkins noted that if the subdivision is approved, then there is an obligation to build it.
Section 5.4, Ditches, Catch Basins – There were no questions.
Section 5.5, Easements - Chairman Brawley mentioned the Board knew of the easement Mr. Stabile had for sewer and access. Mr. Hopkins stated there would be no sewer to their property. Mr. Andrews inquired whether there was any reason a sewer easement would not be granted. Mr. Hopkins felt that there was no reason not to grant a sewer easement other than the amount of ledge on the property. Mr. Collier asked whether a draft of the easement deed, a copy of the Bangor Hydro Lease, and in particular the section of the lease giving access had all been submitted. Mr. Hopkins affirmed they had.
Section 5.6, Dedication for Year-Round Housing - There were no questions.
Section 5.7, Lots and Density - Ms. Keene was able to confirm the lots and density were in conformance with the LUZO.
Section 5.8, Sewage Disposal - There were no questions. It was noted no sewage would be involved.
Section 5.9, Land Not Suitable for Development - Chairman Brawley asked about the steepness of the road. She believed a waiver would have to be granted due to the steep incline. Mr. Hopkins reviewed the grades and noted the paved portion at the end of the road would be approximately 60 feet. Wells Bacon, a Somesville resident, inquired about accessibility for emergency vehicles. It was agreed to make a condition of the application a letter from the fire chief approving the grade and access.
Section 5.10, Open Space Provisions – There were no questions.
Section 5.11, Wells – There were no questions.
Section 5.12, Performance Bond - It was noted a bond had been submitted.
Section 5.13, Plan Revisions After Approval - It was deemed not relevant at this time.
Section 5.14, Access to Direct Sunlight – There were no questions.
Mr. Collier requested that a condition of approval be that the right of way must be conveyed to Bangor Hydro and it has to be merged to the lot by sending it to the assessor. Also, a promise from the applicant to complete the cul de sac within a certain period of time should be a condition of approval. After some discussion, it was agreed to set the condition of building the cul de sac within two years of approval of the subdivision.
MR. TRACY MOVED, WITH MR. ANDREWS SECONDING, THAT THE PROPOSAL MEETS THE REQUIREMENTS OF SECTIONS 4 AND 5 OF THE SUBDIVISION ORDINANCE WITH THE FOLLOWING PROVISIONS: #1 – LOT 2-1 MUST BE CONVEYED TO BANGOR HYDRO AND MERGED WITH THE CURRENTLY EXISTING BANGOR HYDRO LOT BOTH FOR PURPOSES OF LAND USE AND TAXATION. #2 – THAT THE CUL DE SAC BE PHYSICALLY COMPLETED AS SHOWN ON THE PLAN WITHIN TWO YEARS OF SUBDIVISION APPROVAL. #3 – SUBJECT TO RECEIPT OF A LETTER FROM THE FIRE CHIEF AFFIRMING VEHICLES CAN SAFELY ACCESS THE LOTS THE BOARD HEREBY WAIVES THE MAXIMUM GRADE REQUIREMENTS IN SECTION 5.14.1 FOR THE TWO SECTIONS OF ROAD NOTED ON THE PLAT.
Mr. Tracy inquired of Thomas Fernald, owner of the land in question, whether he would continue with the subdivision should future plans for the lots change in any way. Mr. Fernald did not have an answer. It was noted that a subdivision plan could be rescinded should future plans fall through.
Ms. Keene noted if the waiver of maximum grade requirements is given, it must be in writing on the plat plan. Chairman Brawley mentioned the conveyance by lease must be included on the plan as well. Mr. Hopkins inquired what his options were if the fire chief was not satisfied with the grade. Mr. Collier stated something would have to change in order to satisfy the fire chief.
MOTION APPROVED 4-0.
Section 6A of the LUZO was then reviewed.
Findings of Fact:
Section 6A.1, Compatibility - It was deemed the proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, visual impact, proximity to other structures and density of development. The applicant proposes a three-lot subdivision on a 34-acre parcel. Natural vegetation on the borders will remain.
Section 6A.2, Erosion and Sedimentation Control - It was noted that an adequate plan prepared by a professional engineer has been submitted and best management practices will be employed.
Section 6A.3, Highway Safety - It was deemed that the subdivision is anticipated to generate very little traffic.
Section 6A.4, Impact on Town Services - No impact was anticipated.
Section 6A.5, Land Suitability - The plans show no development on unsuitable land.
Section 6A.6, Outdoor Lighting - No outdoor lighting is anticipated.
Section 6A.7, Stormwater - It was noted an acceptable plan was submitted.
Section 6A.8, Vegetation – It was deemed not applicable.
Section 6A.9, Preserving the Town’s Character - It was noted the subdivision will have no effect on the Town’s character.
Section 6A.10, Nuisances - No nuisances were anticipated.
It was noted that none of the standards of Section 6B apply, except Section 6B.10, in particular 6B.10.4, in which lot lines are shown on the plat to run to the middle of the road right of way.
MR. ANDREWS MOVED, WITH MR. TRACY SECONDING TO APPROVE THE FINDINGS OF FACT FOR SECTION 6A. MOTION APPROVED 4-0.
MR. TRACY MOVED, WITH MR. ANDREWS SECONDING, THAT SECTION 6B, WITH THE EXCEPTION OF SECTION 6B.10.4 AND SECTION 6C DO NOT APPLY. MOTION APPROVED 4-0.
MR. ANDREWS MOVED, WITH MR. TRACY SECONDING, THAT BASED ON THE STATED FINDINGS OF FACT AND GIVEN THE CONDITIONS AS NOTED WILL BE FULFILLED BY THE APPLICANT, THE BOARD CONCLUDES THAT THE APPLICABLE STANDARDS OF THE SUBDIVISION ORDINANCE, AND OF THE LUZO HAVE BEEN MET IN REGARD TO THIS APPLICATION. MOTION APPROVED 4-0.
Chairman Brawley reviewed the list of conditions; the fact that the lot was to be conveyed by lease be added to the plan and the waiver of the minimum grade requirements.
IV. Section 4.3 – Non-Conforming Structures – Foundation, Relocation, and Reconstruction or Replacement
NAME: Wynnestay, LLP
AGENT: Barbara Sassaman or Tom Wallace
LOCATION: 125 Peabody Drive, Northeast Harbor
TAX MAP: 003 LOT: 035 ZONE(S): Shoreland Residential 2
PURPOSE: Replacement of a Non-conforming Structure within the Shoreland Zone, LUZO Sections 4.3.2.3 Foundation, 4.3.3 Relocation, and 4.3.4 Reconstruction or Replacement
SITE INSPECTION: 3:00 PM
Chairman Brawley and Mr. Andrews joined Tom Wallace on the site for the inspection. Mr. Andrews reported it was a small garden shack that looked fairly new, possibly post-dating the LUZO for non-conforming structures.
Ms. Keene noted there were two shed permits on file with the Town; one from 1988 with no site plan, and a second permit dated 1987 for an 8’ x 10’ shed.
Mr. Andrews noted that depending on when it was built, it may be an illegal structure rather than a non-conforming structure. Mr. Collier noted the burden was on the applicant to prove the shed pre-existed the LUZO.
Ms. Sassaman inquired whether a letter from the neighbor abutting the property approving of the shed would alleviate the problem. Ms. Keene noted that yes, if a letter could be sent to the Town noting the shed is okay exactly as it is, that would be acceptable. Otherwise, they would have to prove the shed had been there prior to the 1987 LUZO mentioning setbacks. Chairman Brawley noted that if these things could not be done, then the shed would need to be removed. Any new sheds would have to observe all the setbacks. Mr. Collier noted all other setbacks were met. It was noted the shed was approximately 100 feet from the shore.
Ms. Keene noted that although the shed would be acceptable if a letter can be had from the abutters, a new foundation for a new shed would have to come before the Planning Board because the lot is within the shoreland zoning district. Ms. Keene noted she had a form for use on the abutter’s letter and would send it to Ms. Sassaman.
V. Other:
Meet and Greet Applicant for Potential Board Appointment
Dennis Kiley appeared before the Board and discussion ensued regarding his potential appointment to the Planning Board. Mr. Kiley noted he had grown up in Bar Harbor, and was currently working at the College of the Atlantic. He recently built a home in Pretty Marsh. He is interested in becoming a contributing part of the community and felt that the Planning Board might be a good way to go about it.
The schedule of meetings and site visits was discussed. Mr. Hanlon inquired whether Mr. Kiley had experience with building ordinances and rules. Mr. Kiley noted he did not have any experience with these things in an official capacity, however having built his house he’s had experience with the Mount Desert LUZO and he has read it.
After some discussion, it was agreed that Chairman Brawley would send a letter to the Board of Selectmen stating that Mr. Kiley would make a good addition to the Board and endorse his appointment.
MR. ANDREWS MOVED, WITH MR. TRACY SECONDING TO ADJOURN THE MEETING. MOTION APPROVED 4-0.
The meeting was adjourned at 7:58 pm.
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