Town of Mount Desert
Planning Board
Minutes September 11, 2006
Board Members Present Public Present
Schofield (Sandy) Andrews III Charlotte Kennedy Singleton
James R. Bright, alt Ned Butler
James Clunan, Vice Chairman
Heather Jones, Chairman
Patti Reilly, Secretary
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 August 28, 2006 meeting were unanimously approved as amended.
III. Public Hearings - Conditional Use Permits
A. NAME: Mount Desert Island Historical Society
LOCATION: 373 Sound Drive, Northeast Harbor
TAX MAP: 8 LOT: 50 ZONE: R1
PURPOSE: 5.7, An amendment to Conditional Use Permit # 99-04
SITE INSPECTION: 4:00 P.M.
Mr. Clunan noted he is a member of the Society. Board agreed there was no conflict of interest. No other conflict of interest was reported. The regular members present and alternate member Mr. Bright are the voting members for this hearing. It was confirmed the notice was published in the Bangor Daily News.
Site Inspection was attended by Mr. Clunan, Mr. Bright, Chairman Jones, CEO Keene, Mrs. Singleton, Mr. Butler, and MDI Islander reporter Becky Byers Basso; and reported by Mr. Clunan. The property is a museum and office. The land is relatively flat except where the driveway slopes to Rte 198. The specific location for the proposed additional structure is to the north of the existing structure and is well described in the application. Mr. Butler suggested the land underneath is stable and there would not be a problem with erosion.
MOTION TO APPROVE MADE BY Mr. Andrews and SECONDED BY Mr. Bright.
Mrs. Singleton and Mr. Butler described the proposal. Mrs. Singleton said the Society has a number of items it would like to be able to display outside during the summer; and would like to be able to store some items during the winter that don't need to be in the climate controlled storage room. This would be especially helpful given the number of items that could be displayed to great advantage of children, particularly school children that visit in the spring, and visitors to the Island with an interest in lobstering, boats, granite tools, etc. There are items that could be displayed for people to look at up close. This particular structure would have some advantages over a plain storage unit in the way the doors open. It would be easier to display things, put
them back in the building and lock it. The shape of the building is compatible to the existing structure. The building has been offered as a gift; the Society will have to move it.
The setback will be 16 feet from the back property line, which is ten feet more than the agreement with the abutter and meets the normal setback requirements of the Town. Mr. Butler described it as a very stout, well built building. It would be more expensive to build on and would increase the operating costs. This is an excellent alternative [to a pre-fab storage unit]. Mr. Clunan asked if it becomes a principal building and referred to Section 3.6 of the LUZO which refers to dimensional requirements and requires 20 feet between principal buildings. CEO Keene pronounced she is convinced this is an accessory building. Mr. Bright asked about lot coverage and again CEO Keene said there is no problem. Mr. Clunan asked if there is a contingency plan if
Board denies the permit. Mrs. Singleton reiterated that the building is a gift and the only cost to the Society is to move the building. Chairman Jones asked if the Society has special events at this location. Mrs. Singleton said they do educational programs but not big events. Chairman Jones asked if they see a change in the nature of use and Mrs. Singleton replied, no. Chairman Jones also asked if they anticipate increased traffic due to additional space. Again, Mrs. Singleton said they hope to draw in more visitors, but she doesn't see an overflow. Parking space has been ample. There followed a discussion of the amount of traffic and the speed on Route 198. Signage was discussed. A new sign had been commissioned, after a discussion of what would be allowed with CEO Keene; however, the sign painter had a stroke and another painter has not been found.
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 meets the relevant standards of Section 3 and the standards of Section 6.
2. on finding that there have been significant changes of conditions or circumstances: The Board finds that the applicant is in need of additional storage and display space; and
3. when justified by a statement of findings of fact and reasons: The Board finds that the increased use as stated meets the standards of Section 6 and should not further impact the standards as previously discussed. It provides further education for the community and preserves the Towns cultural and aesthetic resources.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
IV. New Business
A. Chairman Jones reminded Board members of the workshop CEO Keene set up with John Cullen from the DEP. At 9:00 a.m., September 20 at the Somesville Fire Station, Mr. Cullen will talk about vernal pools, wildlife staging, etc.
B. Mr. Bright reported that several people have questioned him about the commercial fishing operations in Town that are in commercial zones that are in violation of the LUZO (Section 3.5 Permitted, Conditional, and Excluded Uses by District, specifically excludes Commercial Fishing activities from districts Shoreland 1, 2, 3, 5; Village Commercial; and Commercial). Board discussed what encompassed commercial fishing activities. Mr. Bright suggested it covered any work done (trap building, buoy painting, etc), but perhaps not storage. CEO Keene asked if any of those that might be in violation pre-date the ordinance. There could be at least three that do not.
Board agreed this exclusion does not make sense. CEO Keene referred to the definition of Commercial Fishing in the LUZO. Board discussed how to change the ordinance to allow permitting and under what conditions. They looked at the grid of uses in Section 3.5, in particular Services 1, 2, and 3. Depending on the progress of the Comprehensive Plan Committee, this may or may not be an issue for the 2007 Warrant/Town Meeting.
V. Meeting adjourned at 7:12 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, September 25, 2006 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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