Mount Desert Planning Board Meeting Minutes
September 27, 2010
Public Present
Mike Bender, Jan Mackintosh, Mary Wilkinson, Bill Wilkinson, Jackie Lowe, Tony Smith, Brent Hamor, Robert Loring, Elizabeth Loring, Shawn Murphy, Storey Litchfield, Bob Flynn, Maggie Flynn, Phyllis Partridge, Barbara Richardson, Karol Hagberg, Judy Holmes, Tamy Clark, Eero Hederine, Rick Savage, Dwight Lanpher, Chuck Bucklin, Marilyn Damon, Noel Musson
Board Members Present
Schofield Andrews III; Ellen Brawley, Chair, James Clunan, Vice Chairman; Robert Ho, alt; Gerard M. Miller, alt; Patti Reilly, Secretary; Joseph Tracy
Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:07 p.m.
II. Public Hearings
Conditional Use Approval Application(s):
A. Conditional Use Approval Application # 015-2010
OWNER(S): Mount Desert Library Society – Somesville Library
AGENT: Tony Smith
LOCATION: 1116 Main Street, Somesville
TAX MAP: 21 LOT: 37 ZONE(S): SR3
PURPOSE: Land Use Sections - 3.4 & 6B.7 – Excavation or filling
greater than fifty (50) cubic yards.
SITE INSPECTION: 3:30 PM
No conflict of interest was reported. Ellen Brawley, Chair; James Clunan, Vice Chairman; Gerard M. Miller, alt; Patti Reilly, Secretary; 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 Mr. Miller, Ms. Brawley, and Mr. Clunan; reported by Mr. Miller.
Site is the Somesville Library peninsula with the Mill Pond on one side and the Pedrone property on the other. The serious nature of the erosion is such that the library has only about 1.5 feet of earthen embankment left until it ends up in the sea. Rip rap for the adjacent property was done about 5 years ago, and the dock about 10 years ago. There are three old maple trees behind the library that are dying; one of these may need to be removed. There was no public correspondence to present. Schofield Andrews III joined the meeting at 6:12 pm and is to be included as a voting member for the hearing, replacing alternate Gerard Miller as a voting member.
Tony Smith, Trustee of the library and representing the library stated that they will attempt to match the color of the brown rip rap used in the adjacent properties and not use the bluish stone. Mr. Clunan questioned if the DEP will tell the library how they want to bring the materials in (barge vs. shore access). Mr. Smith said that as much work will be done from shore as possible but some of the work might require a barge. The DEP would stipulate any specific requirements.
Ms. Reilly asked if the rip rap or work would interfere with the fishing in the area and it was noted that it would not.
MOTION TO APPROVE MADE BY Mr. Clunan; SECONDED BY Mr. Tracy.
The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows: See attached checklist for CUA # 015-2010.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (6-0) on condition that the DEP permit is submitted to the CEO.
B. Conditional Use Approval Application # 016-2010
OWNER(S): David Rockefeller
AGENT: Eero Hedefine, Hedefine Engineering & Design Inc.
LOCATION: 92 Cooksey Drive, Seal Harbor
TAX MAP: 1 LOT: 6 ZONE(S): RW3
PURPOSE: Land Use Section – 5.5 – An amendment to a Conditional
Use Approval (CUP #030-2005) – Rebuild & reinforce fire
pond outlet.
No conflict of interest was reported. Schofield Andrews III; Ellen Brawley, Chair; James Clunan, Vice Chairman; Patti Reilly, Secretary; and Joseph Tracy are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
No Site Inspection. There was no public correspondence to present.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Andrews.
The 5.5 Amendment Application was reviewed as follows: See attached CUA#016-2010 Amendment.
The fire pond was built in 2005/2006 to serve fire needs of neighbors in the area. The town agreed to take on the general maintenance of the pond and a hydrant was put in. In 2008 the pond’s lining failed and the pond was washed out. The current lining is an earthen core with clay stones. The pond washed out again in 2009. The owner would like to replace earthen core with a cement core and line with rip rap. It look will look basically the same as it currently does, but will be much more impervious to washouts.
Chief Bender, Mt. Desert’s Fire Chief, stated that the fire pond is the only source of water for fire protection in the area. With the wash outs, the level of water is way down. The town needs to maintain a level of water for fire protection. Chief Bender reiterated that the town agreed to maintain the pond and that there is a need to fix the problem for the long term.
Mr. Clunan questioned where the water from the drained pond and the hydrant on Cooksey Dr. will go during construction. Mr. Hedefine said the water will go into the stream, and will not be running over the road. As per the DEP restrictions, the water will be returned to the pond as soon as possible.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (6-0).
C. Conditional Use Approval Application # 017-2010
OWNER(S): Town of Mount Desert – Northeast Harbor Marina
AGENT: Noel Musson, CES, Inc.
LOCATION: 41Harbor Drive, Northeast Harbor
TAX MAP: 24 LOT: 147 & 148 ZONE(S): SC
PURPOSE: Land Use Section 3.4 - Northeast Harbor Marina
Re-development.
SITE INSPECTION: 4:30 PM
No conflict of interest was reported. Schofield Andrews III; Ellen Brawley, Chair; James Clunan, Vice Chairman; Patti Reilly, Secretary; and Joseph Tracy are the voting members for this hearing. It was confirmed that the notice was published in the Bar Harbor Times.
Mr. Andrews asked that a motion be made to not hear this application since there is nothing in it that needs to be approved by the planning board. Mr. Ho agreed that this hearing was unnecessary. Mr. Clunan said it is appropriate for the planning board to review this application since there are major changes being made to the marina area.
Mr. Andrews said that all non-conforming buildings under the town’s Land Use Ordinance will become conforming through the re-development project and that all items requiring a permit in the application can be approved by Ms. Keene, CEO, as they fall under her authority. Mr. Musson advised that it wouldn’t hurt for the board to do a quick review and vote the items on the checklist as non-applicable. The board decided that if all items were non-applicable then dismissing the application was appropriate.
MOTION TO CONCLUDE THAT THIS APPLICATION DOES NOT NEED A CONDITIONAL USE APPROVAL MADE BY Mr. Andrews; SECONDED BY Mr. Tracy.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (6-0).
Mr. Musson said he would be happy to stay and present the marina re-development project to the public and to field any questions or concerns they may have. He also offered to summarize for the public what the planning board just voted on after the meeting adjourned. His offer was accepted and Mr. Musson will stay after the meeting for an informal presentation to the public.
IV. The draft minutes from the September 13, 2010 meeting were unanimously approved as amended by the members present at that meeting. MOTION TO APPROVE BY Mr. Tracy; SECONDED BY Mr. Andrews (4-0)
V. Meeting adjourned at 7:08 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Tuesday, October 12, 2010 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
ORIGINAL SIGNATURE ON FILE IN TOWN OFFICE
Patti Reilly, Secretary
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