Town of Mount Desert
Planning Board Minutes
April 17, 2008
Meeting Room, Town Hall
Northeast Harbor
Public Present
Diane O'Connell; Edward W. Gould
Board Members Present
James Clunan, Vice Chairman; Schofield (Sandy) Andrews III; Joseph Tracy; Gerard M. Miller, alt; Patti Reilly, Secretary
James Collier, Town Attorney; Danielle Goodwin, Recording Secretary
James R. Bright, Chairman, Abstained
I. The meeting was called to order at 4:10 PM
II. The minutes were postponed.
III. A remand from the Town of Mount Desert Zoning Board of Appeals instructing the Planning Board to further review Frank Newlin Jr.'s proposed pier, ramp & float back for further findings of fact. (#AP-06-8).
Mr. Bright recused himself as he had become aware of new confidential information.
MOTION TO APPROVE MR. BRIGHTS RECUSAL FROM THE NEWLIN APPLICATION MADE BY MR. ANDREWS; SECONDED BY MR. TRACY.
A VOTE WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. (4/0)
There was brief discussion and research as to whether Jerry Miller voting as the alternate would be grounds for an appeal. Mr. Collier stated that legally he could vote however he would suggest having Mr. Gould and Mrs. O'Connell stipulate that Mr. Miller voting would not be grounds for an appeal. The Board agreed and Mr. Gould and Mrs. O'Connell did stipulate.
The remaining selected sections of the Checklist for the Land Use Zoning Ordinance of the Town of Mount Desert (03/06/78, as am. through 03/04/03) were reviewed as follows:
** Note: All Conclusions of Law are to be read as if they are prefaced by the words "Based upon said Findings of Fact …"
STANDARDS OF SECTION 6:
6.6 COMPATIBILITY: The proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its:
Physical Size:
Findings of Fact(s):
" The proposed marine structure appears to be at least 184 ft long and the lot appears to be 90 ft wide.
" The proposed marine structure is "too" large in comparison to the cove in which it is proposed to be located.
" That this is a confined area for navigation purposes in terms of the distance between the piled floats and the proposed marine structure and in terms of water depth.
Visual Impact:
Findings of Fact(s): ___None________
Proximity to other structures:
Findings of Fact(s):
" The proposed marine structure would be close to the piled floats, but exactly how close the Board was unable to determine for the reasons stated in Section 3.4.14.2 (above)
" The proposed structure is not compatible in its proximity to other structures due to its possible impact on the safety of navigability of waters in the area.
Density of Development:
Findings of Fact(s):
" Northeast Harbor is densely developed and "quite crowded" based on site visits and personal knowledge of Board members. [October 24, 2005-line 18- page 2]
" The proposed marine structure is not compatible with density of development due to possible impact on the safety of navigability in the already densely developed area.
Conclusion of Law for s. 6.6 Compatibility: The proposed use will not be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, proximity to other structures, and density of development.
In particular, the length of the proposed marine structure is twice as long as the width of the lot and that it would be close to the piled floats. How close can not be determined.
The Board finds for the previously stated reasons regarding proximity of other structures, size of structure and density of development that this location is a densely developed area and that the marine structure, if built, would increase risk to navigation.
The Board convened for a brief recess at 6:35 PM and reconvened at 6:54 PM. Mr. Collier read the findings of fact and conclusions of law for section 6.6.
MOTION TO ADOPT THE ABOVE FINDINGS OF FACT AND CONCLUSIONS OF LAW AS READ BY TOWN ATTORNEY MR. COLLIER MADE BY MR. TRACY; SECONDED BY MR. ANDREWS.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (5/0)
There was discussion as to whether or not an overall motion was needed. The Board members, Mr. Collier, Mr. Gould and Mrs. O'Connell agreed that it was not.
VII. Meeting adjourned at 6:20 PM. The next scheduled meeting/public hearing(s) is at 6:00
p.m., Monday, April 28, 2008 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
| 
