Town of Mount Desert Planning Meeting Minutes
Town Hall Meeting Room, Northeast Harbor
September 12, 2011
Public Present
Robert Hamor Jr., Diane Braun, Jean Travers, Steven Haynes, Juanita Sprague, and Joseph Tracy.
Board Members Present
Sandy Andrews; Chair; James Clunan, Acting Chairman; Patti Reilly, Secretary; and Joseph Tracy
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:00 p.m. by James Clunan.
It was agreed to take the Agenda Items out of order and first address Item III.
II. Public Hearings
Section 4.4 – Non-conforming Uses (1) Expansions – Expansions of non-conforming uses are prohibited, except that non-conforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in Section 4.3.2 above.
Owner(s): Paul B. & Serena Kusserow
Agent(s): Robert E. Hamor Jr.
Property Location: 14 Lower Dunbar, Seal Harbor
Tax Map: 31 Lot: 79-1
Zoning: Village Residential1
Site Inspection: 3:30PM
No conflict of interest was reported. Sandy Andrews, James Clunan, and Joseph Tracy are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on August 31, 2011. Mr. Andrews will be the secretary for this hearing.
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 (3-0).
The site inspection was attended by Ms. Reilly and Mr. Clunan; reported by Mr. Clunan. The site is close to a 20’ right-of-way (Whoville Way – private road). It is an accessory building to a nearby cottage that is owned by the applicant. The Kusserows want to build a small addition (approximately 6’ X 19’6”) under the existing deck to house a different kind of heating system. The addition will have a furnace room, half bath, and washer/dryer. On the other side of the building there is a 250 gallon oil tank that is not shielded by vegetation or lattice, nor is it protected by a roof. There is a boardwalk between the small cottage to the north and this building.
Mr. Tracy asked why this is before the Planning Board. CEO Keene explained that the original building was approved for Services 3 by another Board for a previous owner to house a carpentry shop and accounting firm on the first floor; the second floor was storage. In 2002 a permit was issued to put an apartment on the second floor. Under the ordinance at that time the only way they could do that was to connect the cottage to this building via deck, roof, or floor. They built a 55’ boardwalk to connect the two structures. The structure is now considered a two-family dwelling and is a non-conforming use under the current ordinance. The current ordinance states that the two dwellings should be no more than 12’ apart.
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. Andrews; SECONDED BY Mr. Tracy.
The Standards of Section 4.4 of the LUZO, as amended May 3, 2011 were reviewed. See attached Section 4.4.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (4-0).
III. Conditional Use Approval Application(s)
A. Conditional Use Approval Application # 021-2011
NAME(S): Haynes, Blaine
APPLICANT(S): Maine Granite Industry Historical Society
AGENT(S): Steven Haynes
LOCATION: 70 Beech Hill Cross Road, Mount Desert
TAX MAP: 9 LOT: 94 ZONE(S): Rural Woodland 2
PURPOSE: Sections 5.5 – Amendment to a Conditional Use Approval Permit.
SITE INSPECTION: 2:30PM
A onflict of interest was reported by Joseph Tracey, abutting neighbor. He asked the Board to recuse him from the hearing. Sandy Andrews, James Clunan, and Patti Reilly are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times on August 31, 2011. Ms. Reilly is the secretary for this hearing.
Site Inspection was attended by Mr. Andrews and Mr. Clunan; reported by Mr. Andrews. The property is located off Beech Hill Cross Road, immediately to the left of a large steel structure which houses the museum and Haynes mower shop. It is also behind existing saw mill and blacksmith buildings. The location is fairly close (50’ +-) to the center of the right-of-way that goes between the Haynes property and Mr. Tracy’s property line. The location of the proposed site for the new structure would be in a wooded area. The function that would be carried out in the proposed structure is currently being carried out in the adjacent saw mill building and in the museum/mower shop. At the site visit Mr. Haynes demonstrated the tools he would use. He used a drilling tool, which was substantially
quieter than a chain saw. This tool would only be used for a period of 15 minutes at any given time. Mr. Haynes said a grinding tool would also be used, but that it is quieter than the drilling tool.
Mr. Haynes is representing the museum and there is a letter in the file authorizing him to do so by his father, Blaine Haynes.
CEO Keene referred the Board to an email received from Joseph Tracy registering his objection to the open-air granite processing demonstration/work area on the grounds that it would negatively affect the use and enjoyment of his property due to the noise and possibly dust. No other correspondence from the public was received. The State Fire Marshall did not require approval as indicated by an email CEO Keene referred to.
A MOTION TO APPROVE WAS MADE BY Mr. Andrews; SECONDED BY Ms. Reilly.
Public Comments
Mr. Tracy felt that the noise and crowds coming to visit would make his property, which is currently on the market, even more difficult to sell. For the record, he supports the museum but would like to see the demonstrations be limited to a semi-enclosed building (2-3 walls and roof) with the walls facing his property to help reduce the effects of the noise migration.
Mr. Clunan asked Mr. Haynes to describe the proposed building. The structure is a temporary edifice made out of vinyl canvas type material and metal framing; the canopy meets fire code NFPA 701 as suggested by the Fire Marshall. The overall size would be approximately 24’ X 30’. The proposed demonstration site is located nearer to the right-of-way on Mr. Tracy’s property. The closest Mr. Tracy could build to the proposed site is 100’ away, including the setbacks.
Duane Braun, Vice President of the museum, said the intent is that this would be a temporary structure and be replaced in a few years, should finances permit, with a structure more like what Mr. Tracy proposed. The idea for the structure is to provide some limited protection from the elements for the students/visitors, namely fog and wind but also sun and rain.
Mr. Clunan asked Mr. Tracy if the noise from the drilling demonstration caused a significant impact on the abutting property. Mr. Tracy said he did not know. Mr. Clunan pointed out that the spot where Mr. Haynes demonstrated the drilling tool is significantly further away than the proposed location of the new structure. Mr. Andrews said the drilling noise would not be a nuisance; the applause would be louder than the drilling itself.
The Board asked Mr. Haynes why is he looking to move the demonstration site? Mr. Haynes thought that it was the best location; nearer to the museum. In the current location, visitors have to walk across the lawn on uneven ground from the museum down to the mill/blacksmith area. He thought having it closer to the museum itself would pose fewer problems walking for some of the older patrons and be more convenient for visitors. The entire area for visitors would be more contained.
In 2002, Mr. Haynes applied for the public museum at the mower shop. At that time he anticipated holding cutting demonstrations two times/week. He moved the original location to where it is now to help with the traffic so that the mill customers would not interfere with students and demonstrations.
Mr. Haynes doesn’t foresee any huge increase in the activity level. It takes 15 minutes of drilling to prepare for the demonstrations (two-three times per week). He would be willing to have a limit on the frequency of the noisy drilling and size of the audience, as well as the times the drilling takes place. He is willing to work with Mr. Tracy to make this happen.
Two trees, skunk spruce, will be removed to accommodate the new structure.
The Board reviewed the Standards of Section 5.5 of the LUZO, as amended May 3, 2011. See attached Section 5.5 for CUA Amendment # 021-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).
Discussion of the possibility of reviewing the inclusion of a gift shop as part of the activities of the museum ensued. It was agreed by Planning Board members that this activity is an ancillary activity of a museum operation and did not need a separate application or amendment.
IV. No quorum was available to approve the draft minutes from the May 23, July 25, August 8, and August 25 meetings.
V. A MOTION TO ADJOURN WAS MADE BY Mr. Andrews; SECONDED BY Mr. Tracy.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (3-0)
Meeting adjourned at 7.54 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, September 26, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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