Town of Mount Desert Planning Board
Town Hall Meeting Room, Northeast Harbor
August 8, 2011
6:00PM
Public Present
Douglas (Scamp) Gray, Nelson Goodwin, and Jean Travers
Board Members Present
Ellen Brawley, Chair; James Clunan, Vice Chairman; and Robert Ho; alt.
Claire Woolfolk, Recording Secretary
- The meeting was called to order at 6:00 p.m. by Ellen Brawley. Jim Clunan will be Secretary Pro-tem.
Section 4.3.2.3 – Non-conforming Structures
Foundation Replacement - a new foundation constructed under a non-conforming structure, must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board.
Owner(s): Cabin Fever, LLC - Donna & David Reis
Agent(s): Nelson F. Goodwin, Jr.
Property Location: 40 Fern Way, Mount Desert
Tax Map: 9 Lot: 10-1
Zoning: SR5
Site Inspection: 4:00PM
No conflict of interest was reported. Ellen Brawley, James Clunan, and Robert Ho are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on July 27, 2011.
Site Inspection was attended by Ellen Brawley and Jim Clunan; reported by Mr. Clunan. The lot is part of the development that Brian Shaw did about 5 years ago on the east side of Long Pond. The structures in question are two wood sheds (10’x12’ &14’x16’) that are partly or wholly within the 75 foot Shoreland zone. The residential buildings foundation replacements were approved in a hearing last fall.
The land is steep and the owners propose to jack up the existing sheds and replace the footings with concrete because the current wooden footings are rotting. The two structures will not be moved; only work to be done is the replacement of the foundations. The lots in the subdivision are 5 acre parcels. The abutters are not located close to the sheds.
A great deal of care is being taken by the applicant to not disturb the surrounding soils and to eliminate to the greatest practical extent any erosion. The owners are extremely conscious of limiting the impact of their construction on the environment.
Mr. Goodwin reiterated that all the applicant is looking to do is to replace what is already there, they are not looking to make any changes.
There were no comments from the public. No correspondence from the public had been received.
After confirming the applicable section of Non-conforming Structures needing to be reviewed (Section 4.3 Foundations and 4.3.3 Relocation as stated in 4.3.2.3 – pgs. 4-1 & 4-2) the Board moved to approve the application.
A MOTION TO find that the setback requirement is met to the Greatest practical extent WAS MADE BY Mr. Clunan; SECONDED BY Mr. Ho.
FINDING OF FACT:
- The two structures will remain in their existing locations.
- Moving the structures further from the water is not feasible because of a steep bank that would be disturbed, and up to ten (10) trees would have to be removed.
MOTION TO APPROVE THE FINDING OF FACT MADE BY Mr. Ho; SECONDED BY Mr. Clunan. (3-0)
CONCLUSION OF LAW: Standards of Section 4.3.2.3 are met.
MOTION TO APPROVE THE CONCLUSION OF LAW MADE BY Mr. Ho; SECONDED BY Mr. Clunan. (3-0)
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).
Vistas and Views: Discussion of the list of candidates for the vistas and views ordinance.
The discussion was tabled until the August 22 meeting when there would be more members present.
- The draft minutes from the May 9 and July 11 meetings were unanimously approved.
A MOTION to approve the minutes from the May 9, 2011 meeting as amended was MADE BY Mr. Ho; SECONDED by Mr. Clunan.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (3 -0)
Chairman Brawley read into the record the acceptance of the minutes dated July 11, 2011 as written by Mr. Miller in an email dated July 24, 2011.
A MOTION to approve the minutes from the July 11, 2011 meeting as Amended was MADE BY Mr. Ho; SECONDED by Mrs. Brawley.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (2-0) concurrence by Mr. Miller via email.
- A MOTION TO ADJOURN WAS MADE BY Mr. Ho; SECONDED BY Mr. Clunan.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (3-0)
Meeting adjourned at 7:10 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, August 22, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
ORIGINAL SIGNATURE ON FILE
James Clunan, Secretary Pro-tem
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