Public Present
Jerome Suminsby for Abby Simpson and Todd Mydland, Anne Funderburk for Charlotte Singleton/MDI Historical Society, Henry Ogilby for the Seal Harbor Library, and James Bright
Board Members Present
Ellen Brawley, Chair; James Clunan, Vice Chairman; Robert Ho; Gerard M. Miller, alt; and Patti Reilly, Secretary
For the Town
Anthony Smith, Public Works Director
Kim Keene, CEO
Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:05 p.m.
II. Public Hearings
Conditional Use Approval Application(s):
A. Continuation of the hearing from 7/12/2010:
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
Ellen Brawley, Robert Ho, Gerard M. Miller, and Patti Reilly are the voting members for this hearing. No conflict of interest was reported.
Ms. Reilly read the finding of facts from the LUZO Checklist Sec.6.A.1 that was reviewed at the 7/12/10 meeting to bring evening’s board members up to date on where the board left off.
Correspondence was introduced to the board:
A letter from abutter, Mr. Henry Ogilby, Chairman for the Seal Harbor Library, outlining items the library would like the board to take into consideration when approving the application for permit.
1. New construction would be consistent with stonework already existing in the stone wall,
2. Communication antenna and wires will be hidden by trees,
3. Every effort will be made to minimize both smell and noise, and
4. Steps be built and installed adjacent to rather than through the facility. Mr. Smith clarified that while the town would address the steps in the project, the steps don’t have anything to do with the project of updating and replacing the pump station facility itself.
Another letter was received from Mr. Mydland and Ms. Simpson summarizing their understandings from their meeting with Mr. Smith. Mr. Smith agreed with the overall summation, excepting a correction to the paragraph on page two with regards to Parking Area: correction to the statement at the top of page two of the first paragraph, last sentence: The understandings that we reached with Mr. Smith, that are either not included in the current plans or are to be altered during construction, include the following:… in reference to the next paragraph on page two, the Parking Area as described in the letter is as designed and included in the plans and the reference to turn-in parking is really parallel parking.
Also, a memo was presented authorizing Mr. Jerry Suminsby to represent the interests of Abby R. Simpson and G. Todd Mydland relating to the Town of Mt. Desert and the proposed Wastewater Pump Station on Steamboat Wharf Road.
Mr. Smith presented documentation from Olver Associates Inc., environmental engineers that the town has hired, to address questions arising with regards to exterior lighting Section 6A.6, stormwater and compliance to Section 6A.7, and erosion and sedimentation control pertaining to Section 6C.5.
Mr. Suminsby requested clarification on the purpose of the roof access railing around the roof area and if it was intended to be an observation deck. Mr. Smith stated that the intent is not to have an observation deck, but rather to avoid the potential for an attractive nuisance and to meet bare minimum code in an attractive way, accommodating the desires of both the library and the Mylands. Mr. Ogilby agreed that an observation deck on the roof would be an attractive nuisance.
Mr. Smith addressed the issue of lift station odor. Wastewater does have an odor from time to time; if it becomes an issue it will be treated with chemicals as is done in Otter Creek. It was confirmed that the town is using “Best Practices” to ensure odor, noise, and attractiveness are improved.
The Mydlands have also requested that the town add plantings and vines for attractiveness and practicability to the west wall facing the street. Mr. Smith stated that the town would be amenable to adding these plantings as long as they are maintenance free and don’t hold moisture and damage the masonry.
MOTION TO APPROVE MADE BY Mr. Clunan; SECONDED BY Mr. Miller at the last board meeting, prior to tabling the completion of this hearing to tonight.
The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows: See attached checklist for CUA # 012-2010.
Mr. Miller moved to vote on the finding of facts and conclusion of law for each checklist item together on an ongoing basis. Mr. Ho seconded the motion and it was approved (4-0).
Mr. Clunan arrived at 6:32pm and is included as a voting member of the Board. Mr. Clunan abstained from voting until item 6A.6 while he reviewed the application.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
Mr. Olgiby thanked the board for their work on this application.
B. Conditional Use Approval Application # 013-2010
OWNER(S): Mount Desert Island Historical Society
AGENT(S): Charlotte Singleton or Designee Charlotte Singleton (Ann Funderburk)
LOCATION: 373 Sound Drive, Mount Desert
TAX MAP: 8 LOT: 50 ZONE(S): Res 1
PURPOSE: Section 5.5 – Amendment to a Conditional Use Approval (CUP#99-04)
Conflicts of interest were reported: Mr. Miller’s wife, Kathleen Miller, is president of the Historical Society and therefore he was recused from voting for this hearing.
Also, Mr. Clunan is a founding member of the Senior College and has negotiated use of space at various sites for classes, including the Historical Society, to be held in the fall and spring. He feels he has an attachment to the interests of the Historical Society. Ms. Reilly asked if he could be objective. Mr. Clunan, as well as the other voting members on the board, felt that he could be objective.
Mrs. Funderburk confirmed the use of the property by the Senior College and stated the available parking on the property was for a total of 19 vehicles: 11 spaces on tarmac and 8 on grass. The Historical Society encourages car pooling whenever possible. On occasion the Historical Society will have an event resulting in overflow parking. When this occurs, the overflow goes onto Rt. 198.
Ellen Brawley, James Clunan, Robert Ho, and Patti Reilly are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
MOTION TO APPROVE MADE BY Mr. Ho; SECONDED BY Ms. Reilly.
Mr. Clunan made a request to change the wording in the discussion from “parking conditions with the use of traffic parking personnel” to traffic management personnel (with the intent to hire an off-duty police officer).
Mr. Clunan had researched the parking distance from an entrance driveway or access road constructed by the DOT. The sight distance (or distance of clear view) on a road posted at 50mph (which is the posted speed at the location under discussion) is 495’ (or approximately 1/10 mile). The specified curb distance is 75’ from the center of the access point. The DOT set the sighting at that distance because of a concern about being able to see traffic on a 50 mph road. The exiting vehicle must be able to get up to 85% of the posted speed limit (speed of 42.5 mph in this case) within the sight distance. Mr. Clunan raised these issues to take into consideration traffic safety of both those using the Historical Society facility and those driving on the road.
In discussions, Mr. Clunan stated that it is really up to Board of Selectmen to set parking standards for the town on public property. Currently there are no standards set in the town. Resident, Jim Bright, pointed out that the only clear parking is north of the Historical Society on Rt. 198. The east side has three driveways and does not have enough roadside clearance for parking. A passenger exiting on the east side would have to get out in the ditch. The west side of 198 does have enough clearance, but patrons would have to cross the highway to reach the school house.
The board commented that the Historical Society needs to expand on-site parking. Mrs. Funderburk said that while there is room to add three spaces, it would be at great expense to the Historical Society because of the grading and other construction required. She doesn’t think they have the financial resources to add these spaces.
The Historical Society’s Current permit requires onsite parking. The exception to this permit is that the Historical Society may have street parking for up to two events per year. The board felt the best solution would be to limit parking to one side of the road and to post signs for parking. Before beginning the checklist for an amendment to the CUA, the board suggested that the Historical Society involve the police in determining what is safe in terms of parking. Once the Historical Society has met with the Chief of Police to construct an appropriate parking plan, they can submit the plan and be placed on the agenda to continue the hearing. It was also suggested to change the application to include off-site parking on the street more than two times per year and to rephrase off-site parking with the use
of traffic management personnel in current permit, instead of traffic parking personnel. The intent of this change is to require the use of a hired off-duty police officer to manage the off-site parking.
MOTION to continue the hearing during the next available meeting when a formal plan from the police will be submitted MADE BY Mr. Ho and SECONDED BY Mr. Clunan. (4-0)
III. New Business:
Seal Cove Auto Museum Maine Department of Transportation Signage request per Section 6B.16.4.5 Directional signs on roadsides within the Town of Mount Desert.
This item was received by the Board of Selectmen to put on their agenda and given to the Planning Board for approval. Ms. Keene said signs are permitted for non-profit entities subject to approval by the Planning Board. Upon review of the request, Mr. Clunan was unclear as to where the signs were to be placed. Mr. Miller suggested that the application be resubmitted and clarifications made as to where the museum wants to post the signs. Once the request has been clarified and resubmitted it will be placed on the next available meeting agenda and the museum will be notified so that they can send a representative to the meeting to present their intent. This item has been tabled for a future meeting, pending resubmission and clarification.
IV. Approval of Minutes
Board members Mr. Ho and Ms. Reilly were excused for the remainder of the meeting since they were not present at the meetings for which the minutes have been submitted.
Mr. Miller moved to approve the minutes as amended; seconded by Mr. Clunan. The draft minutes from the June 28th meeting were unanimously approved as amended. (3-0)
Mr. Clunan commented that the minutes were an excellent summary and should be submitted to the Board of Selectmen to show the progress that the Planning Board has made on the Comprehensive Plan.
Minutes from the July 12th meeting and LUZO Checklists were discussed. It was agreed that more changes would be made to the format of the Checklist at a future time and that references to the Checklists as attachments in the minutes would be made by identifying the checklist via CUA #. Also, voting members would be named within the body of the minutes.
Mr. Miller moved to approve the minutes as amended; seconded by Mr. Clunan. The draft minutes from the July 12th meeting were unanimously approved as amended. (3-0)
V. Other Business
Mr. Clunan asked if the Planning Board had been invited to the Summer Resident’s meeting? Other members said they had not received an invitation and that it was likely due to the fact that there weren’t any issues requiring Planning Board representation.
VI. The meeting adjourned at 8:53 p.m. The next scheduled meeting and continuation of public hearing for the MDI Historical Society is at 6:00 p.m., Monday, 8/9 2010 in the Meeting Room, Town Hall, Northeast Harbor.
MOTION TO ADJURN MADE BY Mr. Miller; SECONDED BY Mr. Clunan. (3-0)
Respectfully submitted,
Patti Reilly, Secretary
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