Town of Mount Desert Planning Board
Planning Board Meeting Minutes
Meeting Room, Town Hall
6:00 pm, November 13, 2012
Public Present
Noel Musson - The Musson Group, Anne Funderburk, James W.J. Collier, Esq., Counsel to the Board
Board Members Present
Chairman Ellen Brawley, Bill Hanley, James Clunan, Joseph Tracy, Lili Andrews, Sandy Andrews
Also present were CEO Kimberly Keene, and Recording Secretary Heidi Smallidge.
I. Call to Order
The meeting was called to order at 6:01 p.m. by Chairman Ellen Brawley. Planning Board members present were named.
II. Approval of Minutes
September 24, 2012: It was confirmed that voting members would be Chairman Brawley, Ms. Andrews, Mr. Clunan, and Mr. Andrews. MS. ANDREWS MOVED, WITH MR. ANDREWS SECONDING, TO APPROVE THE MINUTES AS PRESENTED. MOTION APPROVED 4-0.
October 22, 2012: It was confirmed that voting members would be Chairman Brawley, Mr. Hanley, and Mr. Clunan. MR. CLUNAN MOVED, WITH MR. HANLEY SECONDING TO APPROVE THE MINUTES AS PRESENTED. MOTION APPROVED 3-0.
III. Old Business
A. Brief Discussion – Update of the LUZO Project with Noel Musson:
Mr. Musson distributed to the Board a memo dated September 21, 2012 and a list of Land Use Ordinance review project topics that resulted from a meeting with Chairman Brawley, CEO Keene and himself. He noted an advisory group for the LUZO project had been created, those members being: Anne Funderburk, Bill Ferm, Chuck Bucklin, Douglass “Scamp” Gray, Ellen Brawley, Durlin Lunt, Kimberly Keene, Rick Mooers, and Rick Savage. Mr. Musson is currently trying to determine meeting dates for the group. He reported he had met with Chairman Brawley and CEO Keene regarding items that needed to be addressed in the LUZO. He also reported spending time researching quarries – the city of Augusta has spent a large amount of time on the quarrying section of their LUZO.
Ms. Funderburk asked if there was a deadline for the work. Mr. Musson noted there would be a deadline but he didn’t have it. CEO Keene stated the work has to be presentable prior to March. It would have to be presented to the Warrant Committee for approval before the Town Meeting. Mr. Tracy voiced concern that with so little time the work would be rushed, which he felt would not lead to success. It was agreed the lists presented to the Board consisted of a huge amount of work. Chairman Brawley noted it was very possible not all of the work deemed necessary would be addressed. Mr. Musson felt that once the advisory group could be brought together there would be a better sense of timing.
Mr. Collier noted that he had been under the impression that the LUZO inconsistencies mentioned were things like grammatical and formatting mistakes within the LUZO and fairly quick to remedy; however the inconsistencies listed in the handouts included many difficult topics for discussion. CEO Keene added that quarrying had become a priority with the moratorium now in place. Mr. Collier wondered if the Board of Selectmen knew the scope of the work involved. Mr. Musson reminded the Planning Board that the process had only just begun and a finished product does not have to be put out to the Town if it isn’t acceptable.
Mr. Clunan felt the issues of quarrying, construction equipment, and bulk storage should probably be addressed first because they are politically sensitive and active issues in the Town.
Mr. Collier opined that his vision of the process was that a review of the inconsistencies in the language of the LUZO was a minor job and something that could be addressed quickly. The other issues would follow. Chairman Brawley concurred. She had hoped that correcting the language inconsistencies would have been completed by now.
Mr. Musson told the Board he would present the lists to the advisory group so they could review. Ms. Funderburk suggested he send them as soon as possible so they had time to review them.
B. Brief Discussion – Update of the Scenic Resource project with Noel Musson:
Mr. Musson felt at this time the priority was the LUZO Project. He felt the Scenic Resources Project should be kept on hold unless he receives different direction from the Planning Board. He felt the work to be done should be more participatory, possibly with a small group to create a list of potential scenic vista areas.
Mr. Andrews felt both the LUZO work and the scenic vista project was a massive amount of work and with the deadlines looming, none of it would likely get done well.
Mr. Musson reported that the Hancock County Planning Commission did a regional analysis of scenic vistas and that might be a good place to start. It was noted the HCPC worked with Acadia National Park, Maine Coast Heritage Trust and Friends of Acadia on the analysis.
Mr. Andrews asked Mr. Musson if he felt he had time to do both projects. Mr. Musson stated he felt that addressing scenic vistas was not as high on the priority list as updating the LUZO.
Mr. Collier felt what was needed was a part-time Town Planner. He felt the Planning Board should recommend to the Board of Selectmen hiring a Planner to deal with the issues at hand. Mr. Tracy agreed it was the right time to do so.
Discussion ensued regarding the wisdom of hiring a part-time planner. Mr. Collier stated with important issues such as scenic vistas and updating the Town’s LUZO a Planner was necessary. Mr. Musson felt the bones of the LUZO were good; Mr. Andrews agreed it was a good foundation, but there were holes.
Chairman Brawley suggested that Mr. Andrews act as liaison for the scenic vistas project. Mr. Andrews agreed. Mr. Musson agreed to meet with Mr. Andrews to discuss the scope of the project and how to organize the work to be done. The Board agreed to recommend hiring a full-time Planner to the Board of Selectmen.
IV. Subdivision Approval Application(s)
Completeness Review:
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
PURPOSE: M.R.S.A.Title 30-A §4401 & Subsection (D) (6) (SD # 002-2012)
Mr. Andrews recused himself from the meeting, noting he lived across the street from the property in question.
Mr. Musson reviewed the work proposed.
Mr. Tracy felt the proposal was the most ridiculous thing he had seen in his twenty years on the Board. Chairman Brawley voiced her concern regarding modifying the subdivision to create a one-foot strip. Mr. Collier noted that “spaghetti” and “flag” lots were allowed by the LUZO. CEO Keene added that there were no specifications on what lots should look like or shape requirements. Mr. Musson stated the proposed subdivision meets the intent of the LUZO in that zone.
Mr. Collier inquired why the proposal was before the Planning Board. Mr. Musson noted the modification to the Phelps subdivision requires the review. Mr. Collier recommended that the item be tabled until attorneys can review the amendment. CEO Keene reported she had received an opinion from MMA; a subdivision modification within five years of the original subdivision needs to be reviewed by the Planning Board.
Mr. Andrews stated, as a member of the public, that the piece of land in question was the last place the public could see the water. He felt this might be an opportunity to protect the scenic vista. Mr. Collier noted that the Planning Board has no jurisdiction on views.
Mr. Collier suggested that due to the intricacies of the lot changes, the Planning Board instruct the Town Attorney to review the subdivision to ensure a more non-conforming lot is not the result prior to approving the completeness review.
MR. TRACY MOVED, WITH MR. CLUNAN SECONDING, TO TABLE THE DISCUSSION. MOTION APPROVED 5-0.
V. Adjournment
MR. TRACEY MOVED, WITH MR. CLUNAN SECONDING, TO ADJOURN THE MEETING. MOTION APPROVED 6-0. Meeting adjourned at 7:35 pm.
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