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Planning Board Meeting Minutes - 07/12/10
Public Present
Todd Mydland, Abby Simpson, Terry Savage, Jim Patterson, Kristen Tucker, David Prothero, Tony Smith

Board Members Present                   
Ellen Brawley, Chair, James Clunan, Vice Chairman/Recording Secretary; Gerard M. Miller, alt

Claire Woolfolk, Recording Secretary


I.      The meeting was called to order at 6:34 p.m.  

III.    Public Hearings

        Conditional Use Approval Application(s):


A.      Conditional Use Approval Application # 011-2010
OWNER(S):  Monica Lewis & Jeffrey P. Resnik, Trustees
APPLICANT: Russell David Prothero
AGENT(S):  James E. Patterson, Atty.
LOCATION:   89 Bartlett’s Landing Road, Mount Desert
TAX MAP:  11  LOT:  30   ZONE(S):  SR3
PURPOSE: Section 5.5 – An Amendment to a Conditional Use Approval #014-2009.  Indoor Recreational Facility

No conflict of interest was reported. Ellen Brawley, James Clunan, and Gerard M. Miller are the voting members for this hearing.  It was confirmed the notice was published in the Bar Harbor Times on June 30th, 2010.

The new building is much larger because two buildings from the prior conditional use approval have been combined to be one building for use as a recreational facility.  Due to the design change, an amendment to the original CUA has to be made.  The use has not changed at all, but the facility can accommodate10 or more people as a private residential building.  

MOTION TO APPROVE MADE BY Mr. Clunan; SECONDED BY Mr. Miller.

The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows:   See attached Checklist and Section 5.5 Amendment for CUA # 011-2010.

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).



B.      Conditional Use Approval Application #010-2010
OWNER(S):  Kristen Tucker
LOCATION:  7 Sea Street, Northeast Harbor
TAX MAP:  24 LOT: 103 ZONE(S):  VC
PURPOSE: Section - 3.4 –Commercial Recreational - Indoor Recreational Facilities
SITE INSPECTION: 4:30PM


No conflict of interest was reported. Ellen Brawley, James Clunan, and Gerard M. Miller are the voting members for this hearing.   It was confirmed the notice was published in the Bar Harbor Times on June 30th, 2010.

Site Inspection was attended by Mr. Clunan & Ms. Brawley and reported by Mr. Clunan.

Space for parking is between the buildings of Full Belli Deli and this property.  Clients pull into the shared space (shared between 7 Sea Street and Full Belli Deli), check in at the spa, and then park in the nearby municipal lot before proceeding to the spa/studio.  A portion of the building use will be changed to studio space where Ms. Tucker plans on teaching Pilates/matt classes and yoga fitness classes.

It was reported that Katrina Carter came into the town offices to question whether she hadn’t been properly notified.  She is not an abutter and therefore, was not notified by the abutters mailing.  

There will be no construction or soil disturbance.

MOTION TO APPROVE MADE BY Mr. Clunan; SECONDED BY Mr. Miller.

The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows:  See attached Checklist for CUA #010-2010.

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (3-0).


C.      Conditional Use Approval Application #012-2010
OWNER(S):  Town of Mount Desert
APPLICANT(S):  Anthony Smith, Public Works Director
LOCATION:  Steamboat Wharf Road, Seal Harbor
TAX MAP: 29  LOT: (In a Town Right-of-Way)  ZONE(S): VR2/SR1  
PURPOSE:  Section – 3.4 – Commercial Public Utility – Wastewater Pump Station
SITE INSPECTION:  4:00PM


No conflict of interest was reported. Ellen Brawley, James Clunan, and Gerard M. Miller are the voting members for this hearing.   It was confirmed the notice was published in the Bar Harbor Times on June 30th, 2010.

Site Inspection was attended by Mr. Clunan and Ms. Brawley; reported by Mr. Clunan.  

The location of the pump station is at the center of the fork on Steamboat Wharf Road as you head toward the yacht club & Seal Harbor Library.  The existing pump station is in that area and is above ground.  The pump station is currently painted an institutional green.  Across the road are several residences with mature trees, providing some visual screening.  There is a shade tree along the walk towards the library. Across the street the land rises steeply from the wharf to the road.  The plans call for a new pump-house to be installed as well as wet drainage in the road (eight foot wide drain accessible via a regular sized man-hole in the event the drain needs servicing.

Correspondence amounted to a few emails in response to questions Ms. Brawley had regarding the lighting, storm water management, and erosion.  All issues will conform to all guidelines and ordinances.

Two abutters were present, Todd Mydland and Abby Simpson.  They voiced their concerns over potential noise from the pump station and visual impact to their properties.

MOTION TO APPROVE MADE BY Mr. Clunan; SECONDED BY Mr. Miller.

The review of the Standards of Section 6 of the LUZO, as amended May 4, 2010 was begun.

Due to the time (9:06 pm), the Board moved to continue this hearing at the July 26, 2010 meeting.  This hearing will be placed first on the agenda.  

MOTION TO TABLE THIS APPLICATION TO THE July 26, 2010 MEETING MADE BY Mr. Miller; SECONDED BY Mr. Clunan to.  (3-0)


IV.     Meeting adjourned at 9:07 p.m.  The next scheduled public hearings are at 6:00 p.m., Monday, July 26, 2010 in the Meeting Room, Town Hall, Northeast Harbor.  Gm/JC

MOTION TO ADJOURN MADE BY Mr. Miller; SECONDED BY Mr. Clunan. (3-0)


Respectfully submitted,



Jim Clunan, Acting Secretary