Town of Mount Desert Planning Board Meeting Minutes
Town Hall Meeting Room, Northeast Harbor
July 6, 2011
Public Present
Kathleen Graves, Rosemary Matchak, Brad Gray, Douglass “Scamp” Gray, Jr., Anne Funderburke, Jean Travers, Felicia Pierce, Lisa Pierrepont, Peter Kent, and Norman Beecher
Board Members Present
Ellen Brawley, Chair; Robert Ho, alt; Gerard M. Miller, alt;
Kim Keene, CEO; Heidi Smallidge, Recording Secretary
I. The meeting was called to order at 6:05 p.m. by Ellen Brawley.
It was agreed to take the Agenda Items out of order and first address Item III, “to discuss the Maine Municipal Association’s (MMA’s) opinion regarding Storage of Construction Equipment & Heavy Vehicles. Services 3: Construction.
Other Business
Discussion of MMA’s opinion regarding Storage of Construction Equipment & Heavy Vehicles. Services 3: (not wholly enclosed) Construction.
CEO. Keene reminded the group that this was in regard to Mr. Douglas Gray’s application and whether the area he proposed to store equipment on could be a Services 3 use.
Ms. Brawley read the letter the Planning Board had received. She felt that MMA’s opinion on the subject was that the area in question could not be used for storage of construction equipment. Mr. Ho concurred with Ms. Brawley’s opinion.
Mr. Gray noted that he had read the comprehensive plan and it noted that the goals of the town were to expand the year-round local economy, and to adjust regulations to encourage mixed uses. Mr. Gray also reviewed the application for BCM Construction. He noted at the time the company was not grandfathered for the property they currently use, and the board approved the application, comparing it to Blanchard and Gray and Island Plumbing. Mr. Gray added that the equipment his company owns is all small and no commercial licenses are required to operate it.
Ms. Funderburk stated that the problem with the site was that in the winter there are both equipment and a sand pile adjacent to the sidewalk. Bulk storage of sand and crushed rock was problematic. She added that she had a petition signed by 58 people voicing their concern over the proposed site.
After some discussion, it was agreed that trucks were acceptable to be at the top, visible section of the proposed area while bulk storage and heavier equipment could be stored in the back of the area. It was the consensus of the public in attendance that this would be amenable. Mr. Miller inquired of Ms. Funderburk whether those who signed her petition but were not in attendance would be happy with this finding. Ms. Funderburk thought they would. Mr. Miller asked whether Ms. Funderburk would take on part of the responsibility of informing those who signed her petition of the decision made. Ms. Funderburk agreed to do so.
Mr. Miller moved, with Mr. Ho seconding, to classify the area as Services 3. Motion was approved 3-0. Mr. Gray was informed regarding what his next steps would be.
II. Public Hearings
Conditional Use Approval Application(s):
A. Conditional Use Approval Application # 012-2011
NAME: Siblings for Independence/Felicia Pierce
LOCATION: 16 Rock End Road, Northeast Harbor
TAX MAP: 24 LOT: 43 ZONE(S): VR1
PURPOSE: Section 6B.8 – Fences and Walls
SITE INSPECTION: 4:30 pm
No conflict of interest was reported. Ellen Brawley, Robert Ho, and Gerard M. Miller, are the voting members for this hearing. Mr. Miller confirmed the notice was published in the Bar Harbor Times on June 22, 2011.
MOTION TO FIND THE APPLICATION COMPLETE MADE BY Mr. Ho; SECONDED BY Mr. Miller.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0.
Site Inspection was attended by Ms. Brawley and Ms. Keene; reported by Ms. Brawley.
There are two houses in very close proximity. The fence would only be visible from both yards. There were other fences in the densely populated neighborhood.
There were no other comments or correspondence.
MOTION TO APPROVE MADE BY Mr. Ho; SECONDED BY Mr. Miller.
There was no discussion from the public.
The Standards of Section 6 of the LUZO, as amended May 3, 2011 were reviewed as follows: See attached checklist for CUA # 012-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).
B. Conditional Use Approval Application # 013-2011
NAME: Harlow Keith H. Brodie
AGENT: Kathleen Graves
LOCATION: 11 South Shore Road, Northeast Harbor
TAX MAP: 22 LOT: 024-001 ZONE(S): VR2
PURPOSE: Section 3.4 – Animal Husbandry (non-commercial)
SITE INSPECTION: 3:30 pm
No conflict of interest was reported. Ellen Brawley, Robert Ho, and Gerard M. Miller, are the voting members for this hearing. Mr. Miller confirmed the notice was published in the Bar Harbor Times on June 22, 2011.
MOTION TO FIND THE APPLICATION COMPLETE MADE BY Mr. Ho; SECONDED BY Mr. Miller.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0.
Site Inspection was attended by Ms. Brawley and Ms. Keene; reported by Ms. Brawley.
Ms. Brawley noted there were approximately two acres of lawn. One acre is the proposed site for a portable chicken coop. There are two houses on the property; the nearest house is approximately 100 yards away.
CEO Keene confirmed there had been no correspondence from the public.
MOTION TO APPROVE MADE BY Mr. Ho; SECONDED BY Mr. Miller.
There was no discussion from the public.
The Standards of Section 6 of the LUZO, as amended May 3, 2011 were reviewed as follows: See attached checklist for CUA # 013-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).
C. Conditional Use Approval Application # 014-2011
NAME: Kent Camp Inc.
APPLICANT: Peter A. Kent
LOCATION: 43 Northern Neck Road, Mount Desert
TAX MAP: 16 LOT: 16 ZONE(S): SR2
PURPOSE: Section 3.4 Piers, Docks, Wharves, Bridges & Other Structures; 6C.7 – Marine and Freshwater Structure Performance Standards
SITE INSPECTION: 2:30 pm
No conflict of interest was reported. Ellen Brawley, Robert Ho, and Gerard M. Miller, are the voting members for this hearing. Mr. Miller confirmed the notice was published in the Bar Harbor Times on June 22, 2011.
MOTION TO FIND THE APPLICATION COMPLETE MADE BY Mr. Ho; SECONDED BY Mr. Miller.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 3-0.
Site Inspection was attended by Ms. Brawley and Ms. Keene; reported by Ms. Brawley.
The applicant has a large lot with two camps on the western side of Northern Neck. The area is relatively unpopulated. The nearest structure is approximately 75 feet away.
Mr. Ho inquired whether the mooring blocks were concrete. Mr. Kent stated they were, and that John Cullen of the DEP confirmed the ramp footings were small enough that DEP approval was unnecessary.
CEO Keene confirmed there had been no correspondence from the public.
MOTION TO APPROVE MADE BY Mr. Ho; SECONDED BY Mr. Miller.
There was no discussion from the public.
The Standards of Section 6 of the LUZO, as amended May 3, 2011 were reviewed as follows: See attached checklist for CUA # 014-2011.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).
III. Other Business
Discussion was taken out of order prior to the hearings.
IV. The draft minutes from the 6/20/2011 were amended as follows:
In Section 6B.17.3, Space Requirements Conclusion of Law the final section reading “and is subject to the approval of the Planning Board with possible conditions and restrictions” was removed.
A MOTION to approve the minutes from the 6/20/2011 meeting as AMENDED was MADE BY Mr. Ho; SECONDED by Mr. Miller.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (3-0)
V. A MOTION TO ADJOURN WAS MADE BY Mr. Miller; SECONDED BY Mr. Ho. APPROVED 3-0. The meeting adjourned at 7:55 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, July 11, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Gerry Miller, Secretary Pro-tem
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