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Planning Board Meeting Minutes - 12/08/11 Workshop
Mount Desert Planning Board Meeting Minutes
Town Hall Meeting Room, Northeast Harbor
December 8, 2012


Public Present
Douglas Gray, Jr., Anne Funderburk, Noel Musson, Brian Reilly, Rosemary Matchek, Edie Dunham, David MacDaniel

Board Members Present                   
Sandy Andrews; Ellen Brawley, Chair; James Clunan, Vice-chair; and Patti Reilly

Claire Woolfolk, Recording Secretary; Tony Smith, Director of Public Works


  • The meeting was called to order at 6:02 p.m.
It was confirmed that the workshop notice was published in the November 23 & 30, 2011 Bar Harbor Times and November 24 & December 1, 2011 Mount Desert Islander.

  • Minutes
The draft minutes from the November 28, 2011 meeting were unanimously approved as amended.

A MOTION to approve the minutes from the November 28, 2011 meeting as amended was MADE BY MR.  Andrews; SECONDED BY MRS. Reilly.  

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (-0)

  • Workshops
  • Vistas and Views:  Discussion of the list of candidates for the vistas and views ordinance.
Noel Musson passed out the Gantt chart that he put together and reviewed the chart with the Board.  He reported that Acadia National Park had done an assessment on scenic resources in the 1990s.  John Kelly of Acadia National Park has invited Board members to review the Mylar maps compiled as a result of the study.  Mr. Musson also provide a link for the Hancock County Planning Commission Study that he suggested the Board use as a baseline:  http://www.hcpcme.org/environment/view/

Part I – Identification of Scenic Vistas/Viewsheds
Mr. Musson recommended that a committee be set up to assist in the collection of the scenic vistas.  Committee members could include representatives of various interested parties (Acadia National Park, Maine Coast Heritage Trust, Friends of Acadia, business community members such as realtors and bankers, the Historical Society, Village Improvement Societies, etc.) and Planning Board member(s).  Mr. Smith further suggested that while each group might have more than one person assisting in this project, one individual from their organization be designated to attend the meetings and filter the information back to the others.  

Another step would be to put all the sites that have already been identified by various groups on a GIS map.  These maps could be made available to the public for their input via meetings in the different parts of town.  The two assessments the Board has on hand are based on a ranking process used to identify the sites.  The identified sites could be a starting point to develop an inventory.  

It was also suggested that photos be taken of the sites at different times of the year to record the scenic views (full foliage vs. bare).

Part 2 – Protection of the Vistas/Viewsheds
The next part of the process is to determine how to maintain/protect the identified sites.

Public discussion ensued regarding the protection of both public and private properties. A viewshed would be any identified view that can be seen from public places, even if the view is of private land.  Questions arose regarding areas that were once considered “a view” but have become obstructed by tree growth.  Could these views be restored?  How could private properties be regulated regarding the maintenance of a view?

David MacDaniel, Main Coast Heritage Trust, stated that vista restoration is unusual due to the expense, but it has been done.  In his opinion, it is important to give people the tools and information or guidelines for the use of their property.

The Board said their intent is to provide guidelines rather than regulations.  They would prefer to have residents protect the views voluntarily.  The Board does not want to take away anyone’s ability to use their land; buildable property should remain buildable.

Mr. Clunan asked if anything concrete could be done for the Annual Meeting in May.  Mr. Andrews said that the Board could point to the work that they are currently doing.  Mr. Musson suggested that the Board summarize what they have accomplished in the Annual Report.  Mr. Andrews said a copy should be given to the Summer Residents Association as well.

To prepare for the next workshop, it was agreed that the following steps would be addressed:

  • Set up meeting at Park to review maps from 1990’s study – Noel to coordinate
  • Update Gant Chart to provide more detail (possible workshops, working sessions, etc.) on the next 4 months – Noel to coordinate
  • Start base maps for discussion – Noel to coordinate
  • Think about advisory committee members – Planning Board
  • Town Report Outline – Planning Board
  • Land Use Zoning Ordinance, Land Use Zoning Map, and Zoning Board of Appeals Ordinance Amendments for May 2012 Town Meeting.

Mr. Andrews suggested that a footnote be added to the Land Use Chart in Section 3 pertaining to the temporary storage of materials or equipment being permitted.
Another footnote could be added to state that the intent for construction businesses in the Village Commercial District should be considered small-scale and that any permits issued would be with conditions regarding the visibility, noise, attractive nuisance to children, and scale of operations.

Public discussion ensued of possible amendments to the wording of the LUZO with regards to construction.  Mr. Smith questioned how changes would affect his work, especially the use of town property for the storage of construction equipment and bulk materials when jobs are in progress.  The Board agreed that his work is considered temporary and is not subject to the regulations that a permanent construction business would be.

It was also discussed how changes to the LUZO support the objectives of the Comprehensive Plan.  There were positive and negative opinions expressed from the public and board members, especially any change that might only apply to a specific instance or person.~ No final decision was made concerning any changes to the LUZO.

Mr. Andrews suggested that he “word-smith” some phrasing that could be presented at a future workshop when the full Board is present.   He would include wording from LUZO 6B.16 - Vehicles, Unregistered:  “…vehicles may be stored… unless said vehicles cannot be viewed from any public way.”

Another change Mr. Andrews suggested is to insert wording in LUZO 6B.17.1 Purpose -that cell towers will be considered as a public utility.  He will also draft something to that effect to be used.

The Board discussed the possible cancellation of the next workshops on December 20 and 22.  Chairman Brawley will determine if the meeting on the 20th will take place and notify the other members.  The Board will identify dates in January to set up the next workshops.

  • Other Business
Process of selecting new members was discussed.  It was suggested that an interview of candidates take place at the public hearing meeting on January 9, 2012.

IV.     Meeting adjourned at 7:52p.m.  The next scheduled public hearing(s) is at 6:00 p.m., Monday, December 12, 2011 in the Meeting Room, Town Hall, Northeast Harbor.


Respectfully submitted,




Claire Woolfolk, Recording Secretary