Town of Mount Desert Planning Board Meeting Minutes
Town Hall Meeting Room, Northeast Harbor
October 24, 2011
Public Present
Ben Moore
Board Members Present
Sandy Andrews; Ellen Brawley, Chair; James Clunan, Vice Chairman; and Robert Ho; alt.; Patti Reilly, Secretary, and Joseph Tracy
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
- The meeting was called to order at 6:02 p.m. by Ellen Brawley.
It was agreed to take the Agenda Items out of order and approve the minutes first.
The draft minutes from the August 8, 2011 and October 11, 2011 meetings were unanimously approved.
A MOTION to approve the minutes from the August 8, 2011 meeting as written was MADE BY MR. Ho; SECONDED by MR. Clunan.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (3-0)
A MOTION to approve the minutes from the October 11, 2011 meeting as amended was MADE BY MR. Andrews; SECONDED by MR. Tracy.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (6-0)
Conditional Use Approval Application(s):
A. Conditional Use Approval Application # 026-2011
NAME: Diana S. Wister
APPLICANT: Benjamin C. Moore
AGENT: Benjamin C. Moore
LOCATION: 72 Sargeant Drive, Northeast Harbor
TAX MAP: 5 LOT: 55 ZONE(S): SR2
PURPOSE: 6B.7 – Excavation or filling in excess of 50 cu. yds.
SITE INSPECTION: 4:00PM
No conflict of interest was reported. Sandy Andrews, Ellen Brawley, James Clunan, Patti Reilly, and Joseph Tracy are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on October 12, 2011 and Mount Desert Islander on October 13, 2011.
A MOTION TO find the application complete WAS MADE BY Mr. Andrews; SECONDED BY Mr. Tracy.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY (5-0).
The site Inspection was attended by Ms. Brawley and Mr. Andrews; reported by Mr. Andrews. The site is behind the applicant’s garage on the northeast side. The area under consideration is approximately 1,680 sq ft. and Mr. Moore estimates that approximately 160 yards of fill will be brought in to bring the lawn level. The leveled lawn will be used for a swing set and is to be surrounded by a hedge and plantings. The area is not visible by abutters or from other areas of the property. The leveled lawn is not in the vicinity of streams or other bodies of water. The lowest level of the lawn is currently 3.5 feet lower than the height it will be brought to with the fill. There will be no change in the drainage; the area will continue drain into an existing ditch.
Mr. Moore concurred with the site report and said that best management practices will be used.
There were no other comments from the public. CEO Keene confirmed there had been no correspondence from the public.
A MOTION TO APPROVE WAS MADE BY Mr. Tracy; SECONDED BY Mr. Clunan.
The Standards of Section 6 of the LUZO, as amended May 3, 2011 were reviewed as follows: See attached checklist for CUA # 026-2011.
The Board members discussed amending the Section 6 checklist to allow for an abbreviated form to be used under certain circumstances. The noted amendments are reflected in the final checklist attached to these minutes.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
Vistas and Views: Discussion of the list of candidates for the vistas and views ordinance.
Chairman Brawley opened the discussion about using Mr. Musson as the Town’s consultant for the purposes of drafting ordinance wording for vistas and viewsheds. Ms. Reilly would like to have the consultant be a certified planner. CEO Keene said Mr. Musson has already been appointed by the Planning Board and has met with the Town Manager, Mr. Lunt.
Mr. Andrews said that Mr. Musson would know how to do what is needed. He is available and local.
Ms. Reilly is concerned about what would be in the Town’s best interest and that a certified planner would have to adhere to the ethics clause. Mr. Musson and his company, CES, are already involved in several projects with a huge monetary stake in this town, posing a possible conflict of interest. She said if we want someone to put the Town’s interest first, then a certified planner is the way to go.
Other Board members suggested that the wording of the ethics clause could be presented to Mr. Musson to sign.
Mr. Tracy said that he doesn’t think Mr. Musson will pull the wool over our eyes; Ms. Reilly will be the first to point out any funny business. Further, Mr. Musson will have to present any recommendations to the Board. Mr. Tracy also suggested that Sam Coplon would be another good choice for the Town to use. CEO Keene said Mr. Coplon is not a planner; he is a landscape architect.
Ms. Brawley suggested that meetings be set up to begin the workshop part of the issue. Board members agreed to email CEO Keene their availability in November and December so that special meetings could be set up for discussion of the LUZO changes and Views/Vistas ordinance. Sites for the meetings would be determined once the dates are firmed up.
A discussion of the upcoming request for a zone change at the November 14th meeting ensued. Specifically, the discussion pertained to what the change from RW3 to RW2 would mean. CEO Keene reported that the only change in the zoning would be the lot size; all other uses remain the same.
CEO Keene went over the process for zoning changes. Mr. Andrews brought up the issue of density and soil capacity tests; he thought that the one acre difference could cause major affects on the land. He also said the Board should avoid a zone change only to accommodate someone’s wish to subdivide and make more money by parceling their lot(s). Mr. Clunan would be directly affected by this change and will need to abstain from this hearing.
Chairman Brawley read from the Comprehensive Plan regarding lot dividing/subdivisions. (pg. 97 Growth District):
Mount Desert’s capacity for both business and residential growth is impacted by several factors:
- The community’s need to protect water quality;
- Limited sewage infrastructure;
- Steep slopes unsuitable for growth;
- Limited transportation infrastructure; and
- Ordinance restrictions.
…Also considered for growth are those areas proximate to the villages that are either currently served by public infrastructure or where future extension of our infrastructure appears physically and economically feasible…
Mr. Andrews thought that the Board should only consider the zone change as part of a greater plan for the Town.
Mr. Clunan brought up the Higgins property which was auctioned and bought by his son. He said that LS Robinson is marketing the property as a buildable lot. Questions arose regarding if the lot was in fact zoned for building. CEO Keene said they would have to test for a septic and get a variance to build.
Mr. Tracy said it would be important to get some historical perspective and the reasoning why the zoning was set up as it is so that we are aware of the initial intent of the zoning and if the original intent is still applicable. CEO Keene brought out an old zoning map to show the Board a historic document of the zoning from the 1980s.
Also discussed was who would attend the Zoning Board meeting on Wednesday so that there would be an organized front and to explain, if needed, the Planning Board’s request for clarification.
- A MOTION TO ADJOURN WAS MADE BY Mr. Andrews ; SECONDED BY Mr. Clunan.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (5-0)
Meeting adjourned at 7:10 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, November 14, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
ORIGINAL SIGNATURES ON FILE IN TOWN OFFICE.
Patti Reilly, Secretary
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