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Planning Board Meeting Minutes - 09/13/10
Public Present
Paul Slack

Board Members Present                   
Schofield Andrews III; Ellen Brawley, Chair, James Clunan, Vice Chairman; Robert Ho; and Joseph Tracy

Kim Keene, CEO; Claire Woolfolk, Recording Secretary


I.      The meeting was called to order at 6:03 p.m.  Ellen Brawley requested that members of the board reply via email to note their attendance or absence for the upcoming board meetings.  Claire Woolfolk will send an email out to the board members on the Friday prior to a meeting.  Board members are encouraged to “reply all” their attendance or absence for the upcoming meeting.  By instituting this procedure, the board can avoid a situation where there is not a quorum present at a meeting.

III.    Public Hearings

        Conditional Use Approval Application(s):

Conditional Use Approval Application # 014-2010
OWNER(S):  Mount Desert Water District
AGENT(S):  Paul Slack, Superintendant
LOCATION:   25 Hadlock Pond, Northeast Harbor
TAX MAP:  5  LOT:  20   ZONE(S):  C – Conservation
PURPOSE: 3.4 – Public Utilities
SITE INSP: 4:30PM

No conflict of interest was reported. Schofield Andrews III; Ellen Brawley; James Clunan; Robert Ho; and Joseph Tracy are the voting members for this hearing.  It was confirmed the notice was published in the Bar Harbor Times.

Site Inspection was attended by Kim Keene, James Clunan and Ellen Brawley, reported by James Clunan.

The site is located deep in the woods and none of the abutters are residential.  The building where the existing Mount Desert processing plant is placed is down a gravel road.  The building houses a 100 KW generator in the basement.  Mount Desert Water District (MDWD) intends to replace this generator with a larger one located outside and next to the building.  The site is steep and Mr. Clunan had concerns about stormwater run-off.

Several trees need to be removed for construction; one is quite large but there are quite a few trees that would remain.  Mr. Tracy had a question as to whether the removal of the trees would be of concern to the town and/or planning board.  Ms. Keene stated that the number of trees to be removed does not exceed the limit stipulated in the LUZO and is under her authority.

The road approaching the site from Rt.198 has a couple of residents and they are at least ¼ mile from the location of the project.

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

The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows: See attached checklist for CUA # 014-2010.


A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).


IV.     The approval of the draft minutes from the August 23, 2010, meeting were postponed because a quorum from that meeting was not present.

V.      Other Business

        Conversation between Mr. Andrews and Mr. Sage
        Mr. Andrews had a conversation with Dewitt Sage concerning the monies he and George Strawbridge donated to the town for developing ordinance(s) regarding scenic vistas (particularly for Acadia Mountain).  Mr. Strawbridge agreed to donate up to $75,000 but had only written a check for $39,000. Mr. Sage indicated that Mr. Strawbridge was disappointed with what the town has done with the funds.  Mr. Sage and Mr. Strawbridge expected the town to use the monies for scenic vistas and conservation.  The monies have been used to reorganize the LUZO.  Mr. Tracy agreed that they did not get their moneys’ worth.

        Mr. Ho suggested writing a letter to Mr. Strawbridge reporting on what we’ve done with the money to date.  Ms. Keene said that Mr. McDonald, former town manager, had written to both Mr. Sage and Mr. Strawbridge explaining how the money was spent.  Mr. Andrews reported that Mr. Sage and Mr. Strawbridge had expected town action to prevent the Acadia Mountain incident from being repeated.  Mr. Clunan said that the Planning Board could not address Acadia Mountain alone, but that any changes to town ordinances must be made town wide.  Mr. Tracy felt that the Acadia Mountain incident was unique to its location and that it wouldn’t be repeated.  Mr. Andrews said the town shouldn’t leave itself open for a repeat of the incident.

        Mr. Andrews recommended that the town write a letter to Mr. Strawbridge and admit to him that while we didn’t use the money to his satisfaction, the town will spend the money on further work for scenic vista ordinances and ask if he would reimburse the town once he’s satisfied with the results.  The letter should include an apology for not addressing his concerns and a pledge to report back to him how the money is spent going forward.  Mr. Andrews further stated that it is important to follow up with the development of the Planning Board’s priorities and make sure we accomplish them.

Mr. Tracy said the situation is unfortunate and embarrassing, and needs to be rectified.  Mr. Ho thought that the Planning Board should draft a letter and that it should be signed by both Planning Board and Board of Selectman members.  Mr. Andrews said that Mr. Sage has volunteered to review and make suggestions regarding the wording of the letter.

Planning Board Priorities
Regarding the list of Planning Board priorities that Ms. Brawley created from the input of other board members, it was decided that the Planning Board would dedicate the October 25th meeting to work on formalizing them, and Land Use Zoning Ordinance proposals for May 2011 Town Meeting. Once formalized, they will be presented to the Board of Selectman as part of the documentation supporting the need for a part-time town planner.

V.      Meeting adjourned at 7:00 p.m. The next scheduled public hearings are at 6:00 p.m., Monday, September 27, 2010 in the Meeting Room, Town Hall, Northeast Harbor.


Respectfully submitted,


        ORIGINAL SIGNATURE ON FILE IN TOWN OFFICE

James Clunan, Acting Secretary