Town of Mount Desert Planning Board Approved
Minutes of March 12, 2007
Board Members Present Public Present
Schofield (Sandy) Andrews III Steve Salsbury
James R. Bright, Don Becker
James Clunan, Chairman Terry Towne
Gerard M. Miller, alt Brian Reilly
Joseph Tracy Eero. Hedefine
Patti Reilly, Sec.
Kim Keene, CEO & Recording Secretary
I. The meeting was called to order at 6:03 p.m.
II. The draft minutes from the February 12 and February 26, 2007 meetings were taken out of order, due to their length.
MOTION to take out of order made by Sandy Andrew SECOND- Joe Tracy
III. Public Hearings – Conditional Use Permits
NAME: Maine Coast Heritage Trust
AGENT: Stewart Brecher, Stewart Brecher Architects
LOCATION: Babson Creek, Route 102, Northeast Harbor
TAX MAP: 10 LOT: 157 ZONE: R2 & RP
PURPOSE: Commercial Office Building
SITE INSPECTION 3:45 PM
Conflict of interest was reported by Patti Reilly due to her husband’s involvement with the MCHT. Joe Tracy recommended allowing recusal. The regular members present are the voting members for this hearing with Jerry Miller, alternate, voting in place of Patti Reilly. It was confirmed the notice was published in the Bar Harbor Times
Site Inspection was attended by Jim Clunan, Jerry Miller, Jim Bright and Sandy Andrews and reported by Jim Bright. Mr. Bright reported that the site has a new driveway; the parking will be out of site of Route 102. The site plan shows parking where the old wood shed is on the plan; this appears to be new parking. Mr. Brecher explains that this is intended for summer parking only. Mr. Bright went on to explain that there will be additional parking to the left where a plateau already exists to the left of the building site. The building will be set down in the bank to minimize the view of it and then there will be additional parking on the side. No unsuitable land or wetland noted. No great number of trees will be removed. Mr. Clunan asked CEO Keene if she had seen the site; she indicated she had not. Mr. Bright added that the building
location seems to be outside the building envelope; he has concerns with the location of the building. Mr. Tracy stated the Board does not look at the details of the building and cautioned the Board about getting aesthetics of buildings. Mr. Brecher explained elevations in detail and stated the building is being set down and a vegetative roof is being explored. Mr. Tracy clarified the building will be located within the current footprint. Mr. Brecher explained the exit will be from the rear on the East-West exposed side of the building. Patti Reilly asked if the new building will use some of the architectural features of the old building or if there are historical issues with the building. Mr. Brecher explained the intention is to salvage what they can from the old building but there is an issue with lead paint. Mr. Clunan asked for an amount of earth that will be moved. Mr. Tracy stated there is no limit on the amount of earth moved. CEO Keene added it is only height that is
limited. Mr. Clunan asked for a motion.
MOTION TO APPROVE MADE BY Joe Tracy; SECONDED BY Sandy Andrews.
The Standards of Section 6 of the LUZO, as amended March 7, 2006, were reviewed and found to be in conformance.
Section 6.1- Expert Testimony - Agent Stewart Brecher; and Mr. Bright’s site inspection report. Found to be in conformance.
Section 6.2 Land Suitability - Found to be in compliance.
Section 6.3- Sanitary Standards - Found to be in compliance
Section 6.4- Erosion Control- Appropriate storm water management systems, sheet flows over driveway as seen in C4 and C5. Mr. Hedefine assures no slopes exceed 4:1 and a culvert will run under the driveway-sheet flow-crushed stone aprons. Found to be in compliance.
Section 6.5- Vegetation- Clearing of trees will be kept to a minimum. Found to be in compliance.
Section 6.6- Compatibility-The layout of road and structure is compliant. Found to be in compliance.
Section 6.7- Impact on Town services -The proposed will not unduly burden the capacity of the Town’s facilities, including public water and sewage or the public services to its residents and visitors. Found to be in compliance.
MOTION- By Jim Bright to accept Sections 6.1-6.7 as read. Second by Jerry Miller.
Section 6.8- Highway Safety -The proposed shall not cause unreasonable congestion on highways or public roads or unsafe conditions with respect to the use of highways or public roads; existing or proposed. The applicant has obtained a Driveway Opening Permit from Maine Department of Transportation, on November 02, 2006. Found to be in compliance. 5/0
Section 6.9- Preserving the Towns character- Read this section aloud. Found to be in compliance. 5/0
Section 6.10 – Nuisances - Once established the proposed would not be obnoxious of offensive by reason of odors, dust, smoke, gas, fumes vibration, noise or other objectionable features, nor for any use which would prove injurious to the safety and welfare of the neighborhood. Mr. Bright did ask for some screening, because it seems there will be adequate screening in the
summer, but low screening in the winter. Applicant agreed to some screening North of the large parking lot. Found to be in compliance. 5/0
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0) Reilly abstaining.
NAME: Maine Coast Heritage Trust
AGENT: Stewart Brecher, Stewart Brecher Architects
LOCATION: Babson Creek, Route 102, Northeast Harbor
TAX MAP: 10 LOT: 152 ZONE: VR1
PURPOSE: Section 2, Unspecified Uses
SITE INSPECTION: 4:15PM
Jim Clunan asked Patti Reilly if she has a conflict of interest with this item as well; she stated that she did, and asked to be recused. The regular members present are the voting members for this hearing with Jerry Miller, alternate, voting in place of Patti Reilly It was confirmed the notice was published in the Bar Harbor Times.
Site Inspection was attended by Jim Clunan, Jerry Miller, Jim Bright and Sandy Andrews and reported by Sandy Andrews. Mr. Andrews described the property as being on the westside of Route 102 on a very flat piece of land. It has an existing driveway and storage shed in the proposed building envelope. The proposed new building will be tucked in as close to the trees as possible to hide it away from Route 102. The building envelope exists in the far southern part of the land. Mr. Brecher explained the proposed will be an approximately 1200 square feet, barn like structure. He then described the details of the building in detail.
Mr. Tracy asked Mr. Brecher if the building will be insulated and have plumbing. Mr. Brecher stated he did not know. Mr. Tracy stated that if there is plumbing in the building, it should be mentioned. Mr. Andrews indicated there is an existing sewer hook-up there. Mr. Brecher added that boats are permitted there; their own boats. Terry Towne stated that Mr. Brecher was referring to Page 5 Section 39 of the Ordinance and reads Section 3.4.4 Boat StorageBoatBoat:storage Storage.
Mr. Miller stated to Mr. Towne that boats have been being stored there. Mr. Towne stated, he is correct; on an existing concrete slab. Mr. Clunan asked what specific uses he thought the proposed fell under. Mr. Towne explained Services 2. Mr. Clunan asked Mr. Towne if the boats will be used for recreation. Mr. Towne indicated they would not and went on to explain the boats will be in the water 6-8 months of the year and explained in detail their locations.
MOTION TO APPROVE MADE BY Joe Tracy; SECONDED BY Sandy Andrews.
Mr. Clunan asked if there was any correspondence; there was not.
The Standards of Section 2 of the LUZO, as amended March 7, 2006, were reviewed and found to be in conformance…
Unspecified UsesUnspecified uses: which are substantially the same as, or having effects the same as, the useGrandfathered Uses listed in Section 3 shall be treated the same as those listed uses. Similarity shall be determined by the Planning Board in strict compliance with the standards set forth in Section 6 and with other pertinent provisions of this ordinance. Any use or activity not listed in Section 3 shall be excluded unless the Planning Board, in accordance with Section 3, determines that it is similar to a specified use.
The Board determined that the use is substantially the same as Services 2 (wholly enclosed) and in addition, the boats proposed to be stored on site are within the guidelines of the ordinance and are in compliance (sec. 3.4.4) for exclusive use of the property owner.
3.4.4. Boat StorageBoatBoat:storage Storage: No boat in excess of twenty four (24) feet length shall be stored or parked on any residential property within the Town except as such vessel shall be owned or be within the exclusive use or control of the property owner, and shall meet the setback requirements of the district in which the property is located, and in no event shall be
stored or parked less than ten (10) feet from the rear line of said property. Found to be in compliance.
The Standards of Section 6 of the LUZO, as amended March 7, 2006, were reviewed and found to be in conformance.
Section 6.1- Expert Testimony -Agent, Stewart Brecher; John Cullen, DEP and CEO Keene . Found to be in compliance. 5-0
Section 6.2- Land Suitability - Found to be in compliance. 5-0
Section 6.3(1) - Sanitary Standards - Any sewer will be connected to public facilities. Found to be in compliance. 5-0
Section 6.4- Erosion Control- Mr. Brecher stated the land is flat and the building will be placed on a slab. The filling and grading will be minimal Found to be in compliance. 5-0.
Section 6.5- Vegetation- Clearing of a few trees is necessary to provide access to the building; trees removed will be kept to a minimum. Found to be in compliance. 5-0
Section 6.6- Compatibility- Found to be in compliance. 5-0
Section 6.7 -Impact on Town services- Found to be in compliance. 5-0
Section 6.8- Highway Safety-. Found to be in compliance. 5/0
Section 6.9- Preserving the Towns character- Found to be in compliance. 5/0
Section 6.10- Nuisances-. Found to be in compliance. 5/0
MOTION to approve made by Joe Tracy: SECONDED by Sandy Andrews
(5/0). Reilly abstaining
IV. Old Business
Subdivision – Public Hearing
NAME: Arthur Palmer Trust
AGENT: Stephen Salsbury, Herrick & Salsbury Inc.
SUBDIVISION NAME: Palmer Trust Subdivision
LOCATION: Gray Farm Road, Somesville
TAX MAP: 11 LOT: 69 ZONE: RW3
PURPOSE: Proposed 7 lot Subdivision
SITE INSPECTION: 3:00PM
Site Inspection was attended by Jim Clunan, Jerry Miller and an anonymous member of the public.
No inspection report noted in written notes or on the tape.
No noted conflict on notes or tape.
Restrictive covenants numbered 1-6 were discussed in detail as found on page 17 in the application packet. (A copy to be kept on file at the Town Office)
The Board finds that the application is fully in compliance with Section 5 of the Subdivision Ordinance.
Section- 5.1-Buffer Strips-Density precludes the need for buffer strips; it is a rural area. Found to be in compliance. 5-0
Section- 5.2-Conformance with other Laws & Regulations- Found to be in compliance. 5-0
Section- 5.3-Construction prohibited-Is understood by the applicant. Found to be in compliance. 5-0
Section-5.4-Ditches & Catch Basins-Sketch plan is sufficient with respect to ditches & catch basins. Found to be in compliance. 5-0
Section- 5.5-Easements-Not applicable
Section- 5.6- Dedication for year-round housing-Not applicable
Section- 5.7- Lots & Density-
5.7.1- Found to be in compliance as stated. 5-0
5.7.2- The soil requirements have been satisfied. Found to be in compliance. 5-0
5.7.3- The subdivision will be reviewed as a Conventional Subdivision. Found to be in compliance. 5-0
Section- 5.8-Sewage Disposal-
5.8.1-Not applicable
5.8.2- Complies with all Maine Plumbing Codes and LUZO requirements. Found to be in compliance. 5-0
Section- 5.9- Land not suitable for Development- No portion of subdivision is located on unsuitable soil or on restricted lands. Found
to be in compliance. 5-0
Section- 5.10- Open Space-Not applicable
Section 5.11- Wells- Potable water shown to be in adequate supply. Found to be in compliance. 5-0
Section 5.12- Performance Bond- No performance bond is required; Sections 5.12.1-4 previously reviewed by Planning Board. Found to be in compliance. 5-0.
Section- 5.13- Plan revisions after approval-Terms understood by the applicant with an agreement to appear before the Planning Board if necessary. Found to be in compliance. 5-0
Section- 5.14- Street Design and Construction- Reviewed previously by Planning Board; the Planning Board does not speak for the Town. Found to be in compliance. 5-0
Section- 5.15- Access to Direct Sunlight. The Board felt this was for the applicant to determine. Found to be in compliance. 5-0
Section- 5.16-Cluster & Workforce Subdivision- Applicant has no intentions. Found to be in compliance. 5-0
The Board finds that the Standards of Section 6 of the LUZO, as amended March 7, 2006, were reviewed and found to be in conformance subject to National Resource Protection Act Permit Approval.
Section 6.1- Expert Testimony-Agent Steve Salsbury; and Don Becker, CES. Found to be in conformance. 5-0
Section 6.2- Land Suitability- Sandy Andrews asked if we have received an answer on the wetlands issue from DEP. Mrs. Reilly explained that the DEP will not grant a permit until the Town grants approval for the Subdivision. Found to be in compliance. 5-0
Section 6.3-Sanitary Standards-This section was read aloud. Found to be in compliance. 5-0
Section 6.4- Erosion Control-Mr. Becker explained the application mandates that Best Management Practices will be used. Found to be in compliance. 5-0
Section 6.5-Vegetation-Clearing of trees will be kept to a minimum. Found to be in compliance. 5-0
Section 6.6- Compatibility- Found to be in compliance. 5-0
Section 6.7- Impact on Town services-There will be adequate parking on the site. Found to be in compliance. 5-0
Section 6.8- Highway Safety- Found to be in compliance. 5/0
Section 6.9-Preserving the Towns character- Found to be in compliance. 5/0
Section 6.10-Nuisances- Once established the proposed would not be obnoxious of offensive by reason of odors, dust, smoke, gas, fumes vibration, noise or other objectionable features, nor for any use which would prove injurious to the safety and welfare of the neighborhood. Found to be in compliance. 5/0
MOTION TO APPROVE MADE BY Patti Reilly ; SECONDED BY Jerry Miller.
V. New Business
A Comprehensive Committee Plan update was reported by Sandy Andrews; He indicated to the Board that the Comp. Plan is having difficulty with their consultant. He went on to explain that they believe she is not very competent. He stated they (Comp. Plan members) think they need a new consultant. He stated they have gotten a lot of work done but it is not materializing the way it should be. The contract is not being renewed for the current consultant. CEO Keene asked who the current consultant is for them. Mr. Andrews indicated it to be Sherry Churchill. CEO Keene indicated she was surprised to hear this information. Mrs. Reilly asked if there is a new prospect to take her place. Mr. Andrews explained that Jerry Suminsby has someone in mind; who he believes to be Town Manager MacDonald’s son, Josh. He added this is upsetting to the Comp.
Plan; they were really looking to the consultant for timelines and their basic writing. We think Sherry is not a very good writer, “actually, we know Sherry is not a good writer we are having to rewrite everything she has done.” The thought process involved has been completed; we just need to move forward. We actually need a scripter, someone who can write the draft like a term paper. Joe Tracy asked if this script-writer will get paid and how much. Mr. Andrews stated he hasn’t really paid attention but he believes they pay too much. Mr. Miller asked if “just a technical writer” would do. Mr. Andrews stated, possibly. And asked Mr. Miller to mention the suggestion to Jerry Suminsby. Mr. Andrews reminded the Board he would be absent from the next meeting.
Mr. Clunan suggested the Board move on to the minutes.
VI. The draft minutes from the February 12th meeting were unanimously approved, as amended. The draft minutes from the February 26th meeting were tabled due to time constraints.
VII. Meeting adjourned at 9:00 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 09 2007 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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