Town of Mount Desert
Planning Board
Minutes August 14, 2006
Board Members Present Public Present
Schofield (Sandy) Andrews III Tony Smith
James Clunan George Peckham
Heather Jones, Chairman Charles Haynes
Joseph Tracy John Butler
Kim Keene, CEO; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the July 10 & 24, 2006 meetings were unanimously approved as amended.
Mr. Andrews agreed to assume the duties of Secretary, in the absence of Mrs. Reilly.
III. Public Hearing
A. A. NAME: Town of Mount Desert; Tony Smith, agent
LOCATION: Sargeant Drive, Northeast Harbor
TAX MAP: 8 LOT: 19 ZONE: R2
PURPOSE: Municipal Activities: Fill storage site and filling within 100 feet of a stream.
SITE INSPECTION: 4:00 P.M.
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed that the hearing was advertised in The Bar Harbor Times.
Site Inspection was attended by Mr. Clunan, Chairman Jones, CEO Keene, Public Works Director Tony Smith, and abutters to the south Margaret Martin and Barbara Roland. Mr. Clunan reported. The site where the Town Garage is abuts both Sargeant Drive and Route 198 (Sound Drive ). The Town is proposing to make a curb cut on Route 198 and gradually fill the space more on the north side of the property. It would be north of the stream that is shown on the sketch. The fill would consist of what is cleaned out of the ditches every year. Part of the rational for filling on Town property is that putting our fill in a common landfill with other towns, subjects us to liability if the common-site incurs issues with the EPA, for instance. Also it would be less
expensive than hauling to Tremont. The proposed site is very large and would take decades to fill. Immediately off the edge of the paved area there is a narrow space five feet wide, then the land drops off quite steeply. The area is heavily wooded and about 100 feet down the slope is an area of ferns. Some of that area is wet. Mr. Clunan and Mr. Smith walked the area and followed the stream. They walked until they reached the backside of the Town Garage buildings. Chairman Jones and CEO Keene walked a more southerly route where DEP had identified a spring and stream. The area slopes down quickly to the stream. They walked over to the area identified as a swale from the road run-off.
Public Works Director Smith detailed the request. The Town has run out of space to get rid of material from ditching. Up until two years ago they had been taking material to the cemetery at the top of Gatehouse Hill; that area is full. In the past they have also provided fill to residents as requested. The proposed site is part of the Town Garage lot of 13 acres and does span from Route 198 to Sargeant Drive. Mr. Smith reported that they have to stay 75 feet from the stream which is the result of a spring just off Route 198, per Town standards. DEP's standards dictate 25 feet from a stream. It is another 60 feet beyond the 75 feet to the center of the access road to the site. If approved, he will try to have the contractor that obtains the Summit Road infrastructure construction project bid (to
be determined next Monday) put in enough fill/gravel to provide a safe access from Route 198. That would allow the Town to immediately drive in to dump the fill on top of the hill and occasionally push it off the back of the proposed access road. It is approximately 149 feet from the center of the driveway to the nearest abutter on the north side. Although some trees will have to be cut, he plans to leave a 10 - 15 foot buffer will be left along the highway.
A lengthy discussion followed regarding a buffer to protect the view from Route 198 and whether or not a condition to the permit is needed. Some of the points made included the area will be a flat expanse as fill accumulates, not piles; most of the fill will be deposited May - August; the access road will be extended from addition of fill; access road must be 25 feet wide 40 feet from the pavement (per DOT), then the fill area will fan out; existing vegetation was described as large ash trees near the road, low growing brush, and lower evergreens. Mr. Smith explained his plan to plant spruce along the top of the slope as screening, and to annually seed newly filled area. Mr. George Peckham described Murphy's gravel pit located south of the ANP house to the foot of Shady Hill; now grown in 50 years later. Mr. Smith
also said they will be putting in coping stones and gate at the access road.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Clunan.
Because this application is an amendment to the land use, Sections 5.7 of the LUZO, as amended March 7, 2006 was reviewed as follows:
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 Board finds under Section 3 this qualifies as municipal activity; and under Section 6 the application meets the requirements for land suitability; best management practices will be used to minimize any environmental impact and regarding erosion control; visual impact has been addressed with the condition to the permit; highway safety has been addressed with the MEDOT permit for the access road, and the plan indicates the setbacks and the radius needed to meet that permit; and the town's character has been addressed in the condition.
2. on finding that there have been significant changes of conditions or circumstances The Board finds that the applicant has satisfied this because the previous dump site has been closed, and the town will not be able to do necessary ditching unless it has a place to dump the fill; and
3. when justified by a statement of findings of fact and reasons The Board finds this was satisfied with the review of Section 6.
Board agreed on the following condition: flare out of fill area will not commence until sixty feet back from the existing edge of pavement of Route 198.
A VOTE WAS CALLED AND THE MOTION TO APPROVE, WITH THE ADDED CONDITION, CARRIED UNANIMOUSLY (4-0).
B. NAME: Town of Mount Desert; Tony Smith, agent
LOCATION: Sargeant Drive, Northeast Harbor
TAX MAP: 8 LOT: 19 ZONE: R2
PURPOSE: Municipal Activities: To add a 16 ft x 12 ft addition to Town garage.
SITE INSPECTION: 4:45 P.M.
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed that the public hearing was advertised in The Bar Harbor Times.
Site Inspection was attended by Mr. Clunan, Chairman Jones, CEO Keene, and Public Works Director Smith, and reported by Mr. Clunan. The proposed addition will be on the north side of the Town Garage in between the existing entry way and the existing heating oil storage area. The ground is level; the addition will be on a slab. Northeast of this area is some low ground with cattails. There is a swale coming down from up above (area described in previous hearing). Because DEP has defined the swale, there are no problems with setbacks from a stream. Mr. Smith explained the need for more storage room due to growth of personnel, vehicles, and equipment. The additional space will provide more storage space and improved office space. This will allow
employees the use of computers for vehicle maintenance records, etc.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Clunan .
Section 5.7 of the LUZO, as amended March 7, 2006, were reviewed as follows:
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 Board finds the application meets the Standards of Section 3 and 6 as municipal activity.
2. on finding that there have been significant changes of conditions or circumstances: The Board finds that there are circumstances that require the additional building: to provide office space, and to provide more storage space ; and
3. when justified by a statement of findings of fact and reasons: The Board finds that the application meets the Standards of Section 6 and will not be more impactful than the existing use.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (4-0).
C. NAME: Haynes Bros. LLC
LOCATION: 40 Sylvan Road, Northeast Harbor
TAX MAP: 25 LOT: 54 ZONE: VC
PURPOSE: To expand CUP # 12-02 Services 3: Carpentry shop and storage of carpentry equipment.
SITE INSPECTION: 5:30 P.M.
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed that the public hearing was advertised in The Bar Harbor Times.
Site Inspection was attended by Mr. Clunan, Chairman Jones, and Charles "Butch" Haynes; and reported by Mr. Clunan. This is a one story addition to an existing shop/apartment; there is sufficient parking for all employees. No plumbing, heated. Land is flat; 5 feet setback. Fill is in place and parking spaces designated.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Clunan
Mr. Haynes related more detail. There is one garage door to the outside, and one doorway from existing shop. Chairman Jones stated she is satisfied that the buffer is currently adequate to protect the abutters.
Section 5.7 of the LUZO, as amended March 7, 2006, were reviewed as follows:
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 Board finds the application is in conformance with applicable Standards of Section 3 and with the Standards of Section 6.
2. on finding that there have been significant changes of conditions or circumstances: The Board finds that the applicant has changes that require more storage space; and
3. when justified by a statement of findings of fact and reasons: The Board finds that the application is no further impactful that its existing use; applicant has provided on-site parking for employees, therefore it does not impact highway safety; the structure is not visible from the road or some abutters; there will be no clearing of vegetation..
Mr. Clunan suggested that during the review of Section 5.7 Board should refer to "applicable portions of Sections 3 & 6" because they cover many items unrelated to some applications. Chairman Jones suggested: "The Board finds the application is in conformance with applicable Standards of Section 3 and with the Standards of Section 6". Board agreed. Wording revised for this permit.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (4-0).
D. NAME: John W. Butler
LOCATION: 20 Butler Road, Mount Desert
TAX MAP: 8 LOT: 87-2 ZONE: SC
PURPOSE: To expand CUP # 91-3; 35 feet X 50 feet addition to existing building.
SITE INSPECTION: 3:15 P.M.
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed that the public hearing was advertised in The Bar Harbor Times.
Site Inspection was attended by Mr. Clunan, Chairman Jones, CEO Keene, and Mr. John Butler; and reported by Mr. Clunan. Mr. Butler indicated where he wants to add a structure on the north side of the building; the purpose of which is to provide more storage space. The advantage to which is to allow enough room to move around among all the boats and items being worked on in the spring without having to move things in and out. This would make the operation more efficient and allow an earlier start in the year. The land is fairly flat and there is level fill 10 feet from the property line. Mr. Butler said that that distance will change to 6 feet. There is water on the north side that flows down hill. It was created by the property owners to deal with the
accumulation of water which existed prior to recent ditching. Mr. Butler interjected that there is not always a flow of water; it dries up, even in the spring. Mr. Clunan stated it is unclear whether this is a ditch or something the DEP needs to look at. Mr. Butler said it is a ditch because he dug it. Mr. Tracy agreed it is definitely a ditch. Mr. Butler described other ditches in the area.
MOTION TO APPROVE MADE BY Mr. Clunan; SECONDED BY Mr. Andrews.
Mr. Butler said this is an addition to an existing building, for boat storage. It will be heated for maybe a month a year; no plumbing, no floor - just a foundation wall. Doors will be either bi-fold, or wooden doors that fold in on it and out when open.
Chairman Jones commented on the water from the culvert drain off. Her understanding from the applicant is that area had typically been wet. It does appear there has been man made activity of ditching and routing the water, which might make it look more like a stream. It is her opinion that there has been man-activity to channel water. Her instinct is to give that statement to DEP and let them make a determination. The point is to cover the Town from allowing a building too close to a stream. Mr. Butler referred to a culvert that he had pointed during the site visit. This nearby culvert to the east of his property runs under the Butler Road and had been moved southerly and closer to his property (about 10 years ago). He stated that the water is
from run-off, not from a stream. Mr. Clunan described: this culvert captures run-off from the slope across Butler Road opposite the boatyard property. As you look at it, the land is fairly steep because that is the area that runs up toward Route 198. The culvert seems to channel a lot of water that comes down in that space. It's basically run-off from the hill that is then brought together by the culvert. It comes along the road, and goes through the culvert, and runs along next to the flat area that Mr. Butler has created for his trailers and other equipment; then it goes down to the salt water. Mr. Tracy sees it as a drainage ditch not a stream and wishes to not further burden the applicant by getting the DEP involved. Regarding concerns that neighbors might have complaints, Mr. Butler said the neighbor is his sister and she has said she has no objections, and part of the ditch is on her land. CEO Keene agreed it wouldn't hurt
to have DEP look at it because there is water flowing and she doesn't know where it is coming from. It is dry on the other side of the road. After a thorough discussion, the majority of the Board members agreed this is a ditch not a stream.
Section 5.7 of the LUZO, as amended March 7, 2006, were reviewed as follows:
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 Board finds that the application is in compliance with the applicable Standards of Section 3 and the Standards of Section 6; is a product of how they work (consolidated locations); and making the use of the time of the employees more efficient.
2. on finding that there have been significant changes of conditions or circumstances: The Board finds that the application meets the requirements of this section as the applicant is trying to make his business more efficient; and
3. when justified by a statement of findings of fact and reasons: The Board includes a finding that the near by water is from a man made ditch..
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (4-0).
IV. Meeting adjourned at 8:01 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, August 28, 2006 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Schofield (Sandy) Andrews III
Secretary pro tem
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