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Planning Board Meeting Minutes - 09/10/07
Town of Mount Desert
        Planning Board Meeting Minutes  
September 10, 2007


Board Members Present                   Public Present
Schofield (Sandy) Andrews III           Tom Wallace             Marilyn Mays
James R. Bright, Vice Chairman          Karol Hagberg   Linda Lewis
James Clunan, Chairman                  Don Hagberg             Bob Shields
Gerard M. Miller, alt                           Rita Redfield           Katrina Carter
Joseph Tracy                                    Kenn Chandler   Chuck Bucklin
Patti Reilly, Secretary                 Sam Coplon

Kim Keene, CEO; Margaret K. Porter, Recording Secretary

I.      The meeting was called to order at 6:00 p.m.

II.     The draft minutes from the July 9th, July 23rd, August 13th & August 27, 2007 meetings were moved for approval to the end of the meeting. MOTION TO APPROVE MADE BY Mr. Andrews; SECONDED BY Mrs. Reilly(5/0)

III.    Public Hearings - Conditional Use Permits

A. NAME:  Keith Graves
LOCATION:  6 Tracy Road, Northeast Harbor
TAX MAP:  24   LOT:  84-2     ZONE:  VC
PURPOSE:  Commercial Auto Repair Garage
SITE INSPECTION: 4:30 PM

No conflict of interest was reported. The regular members present are the voting members for this hearing.  It was confirmed the notice was published in the Bar Harbor Times.

Site Inspection was attended by Sandy Andrews, Jim Clunan and reported by Chairman Clunan. Mr. Jim Bright recues himself from this Conditional Use Permit as his wife is the broker for the applicant. MOTION TO RECUES MR. BRIGHT Mr. Andrews: SECONDED BY Chairman Clunan. (6/0)

A large steel building already exists. The material in the packets is accurate and the applicants representative is Tom Wallace says Chairman Clunan. Mr. Wallace showed the members around the buildings saying that some are to be used for auto repair and some for painting. Both CEO Keene and Mr. Wallace brought attention to fact that there already is an existing permit for this building. It was from September 14,1998, and it was given to the Hagbergs. The permit covered many of the same things that Mr. Graves wants to use the building for, including auto storage. Mrs. Reilly wants to know if there is going to be any change in use. Mr. Wallace explains that Mr. Graves will be storing, repairing and restoring automobiles. He would like to also store and repair boats. Mr. Andrews asks if Mr. Graves will be doing anything different then what he currently does at his location now. "No" replies Mr. Wallace, he will just have more room. He would like to have a spray booth in the new building that he does not have now in his old location. Mr. Graves would like to "go green" says Mr. Wallace. Mr. Hagberg had stated conditions when his conditional use permit was approved indicating that, doors and windows will be closed during hour of operation to keep the noise level down. Mr. Andrews asks about exhaust fan noise. Where it is going to be located it will not be a problem. Mr. Chuck Bucklin from the public says that he has lived close to Mr. Graves body shop for thirteen years and has not had any problems with noise or paint fumes. Always been a clean operation as far as he can see. No messes. Mrs. Redfield from the public says she was a little concerned about the fumes, but Mr. Bucklin answered that question. There are some children in the area. Will there be additional parking used in the area then what is being used now? "No" says Mr. Wallace, the same as it is now just used better. Chairman Clunan now reads the conditions that were put in place with the previous permit.

1.      Hours of operation for the non residential part of the building Monday thru Friday 7am to 8pm. Saturday and Sunday 9am to 6pm.
2.      Doors and windows closed during operation generating dust and fumes.
3.      No more then 4 additional workers beyond the perimeter.
4.      Approval of subdivision (not applicable now).

These conditions are acceptable to Mr. Graves says Mr. Wallace. Chairman Clunan would like to get a vote from the board deciding if this can be an amendment to an existing permit.

MOTION TO APPROVE MADE BY Mr. Andrews; SECONDED BY Mrs. Reilly. (4/0)

5.7     An amendment to a Conditional Use Permit may be issued by the Planning Board only:

1.   in conformity with the procedural and substantive requirements set forth in Sections   3 and 6; The Planning Board finds the proposed amendment is in conformity       with the procedural and substantive requirements set forth in Section 3 and 6     of the Land Use Zoning Ordinance (5/0)

2.       on finding that there have been significant changes of conditions or circumstances;    in The Board finds there have been significant changes of the conditions or     circumstances and that there will be an expansion of the space used for work    on automobiles and vehicle storage. Accordingly the application is in                   conformance of this sub section. (5/0)

         3.   when justified by a statement of findings of fact and reasons The Board finds that    approval of this amendment is justified by the following facts.
             
               The applicant will continue to comply with the conditions as stated in the conditional     use permit #98-41(excluding #4) of September 14, 1998, and that the expert                testimony provided by his agent was sufficient to demonstrate that nuisances will not   be an aggravating factor in granting this permit.  (5/0)  


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

B. NAME:  Lake Camp, LLC
AGENT: Samuel Coplon, Coplon Associates
SUBDIVISION NAME:  Lake Camp Property
LOCATION:  50 Ripples Road, Somesville
TAX MAP:  9 LOT:  9 ZONE:  SR5
        PURPOSE:  To create a 3 lot subdivision
SITE INSPECTION: 3:30PM    

The applicant wishes to continue this Public Hearing at the October 9th Planning Board meeting. Chairman Clunan would like to go ahead with the site inspection report. Site Inspection was attended by Chairman Jim Clunan and Mr. Jim Bright and reported by Jim Bright. This is our second visit and there were four people from the public present. Everyone was shown the lots. Jim said that he was looking for pins to be in place as that was a requirement at the last meeting and they were. Everything else looked the same as the last site inspection.

MOTION TO CONTINUE THE PUBLIC HEARING TO OCTOBER 9TH MADE BY Jim Bright; SECONDED BY Patti Reilly. (6/0)

OLD BUSINESS:

Minutes from the July 9th meeting were approved as amended.
MOTIN TO APPROVE MADE BY Jim Bright; SECONDED BY Patti Reilly (4/0)

Minutes from the July23rd meeting were approved as amended.
MOTION TO APPROVE MADE BY Jim Bright; SECONDED BY Patti Reilly (3/0)

Minutes from the August 27th meeting were approved as amended.
MOTION TO APPROVE MADE BY Schofield Andrews; SECONDED BY Patti Reilly (3/1)
NEW BUSINESS:

Proposal to retain Planning Consultant

Should the Town vote to agree to accept a one time gift of $75,000.00 for the purpose of hiring a Planner to assist the Planning Board in an analysis in updating of the Subdivision and Land Use Zoning Ordinances.
MOTION TO APPROVE MADE BY Mr. Andrews; SECONDED BY Mr. Bright. (6/0)

After a lengthy discussion it was decided to bring a proposal of a one time gift of $75,000.00 to hire a Planner to assist the Planning Board in an analyzing and updating  the Subdivision and Land Use Zoning Ordinances to the Board of Selectmen for approval with a recommendation to the Warrant Committee to place as an article on the Town Warrant for the Special Town Meeting in December.

There is going to be Planning Board workshop on Monday, September 17th at the Seal Harbor Community Center to discuss Land Use changes.

CEO Keene says that there will be a meeting Thursday September 13th at 3:30pm with Mike MacDonald at the Town Office with James Collier. Chairman Clunan will be there along with Mr. Andrews.

Jim Bright brings up questions about training for the position of secretary to CEO Keene for the minutes of the Planning Board meetings. Is there any training for the position? Is there any guidance for the secretary? Why does this keep happening. CEO Keene explains that the position of Planning Board secretary goes with the position that Darcell Winslow just vacated. Margaret Porter has been doing it, to fill in as Darcell had some problems with one of the members of the board. After she left, the new person hired will get the secretary job. The new employee is Danielle Goodwin. Jim Bright would like a time set up every week for the CEO and the secretary to get together and review the items to put in the packets to send out early enough so the Planning Board can get their packets in a timely manner.

MOTION TO AJOURN BY     Jerry Miller; SECONDED BY Jim Bright. (6/0)
IV.     Meeting adjourned at 8:20.p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m. Monday September 24,2007 in the Meeting Room, Town Hall, Northeast Harbor.

Respectfully submitted,



Patti Reilly, Secretary