Planning Board - Regular Meeting

are new.

Auto order the town of Mount Desert Planning Board meeting for April 8th, 2026. And welcome aboard. Here we are. Lovely evening. Kick it off with some introductions first. And I thought tonight I'd start with Daniel Bur. Any name you can remember? Yeah. He does know. It's been a long since we've been here.

Waiting for the day when we have a little plaque. And then we've got Annne Dalton and Tracy Loft as Keller and William Hanam chair. And we've got Gail Marshall and Alan Kimberly. And u the five voting members at this point right now are Allan, Gail, me, Tracy, and Ann. So, here we are. And hello to everybody out in Zoom land. I don't need to g give any speeches about how to behave yourself on Zoom, but if you are out there, please sign in in chat. Just helps us keep track of everybody. And the second item on the agenda tonight is I believe we have some minutes for approval

from February 25th. I move approval. Second. Great. All those in favor? I.

Great. Bear with me as I read through item three on the agenda tonight. And tonight, item three, this is about section two general provisions. And this is the topic of similar uses. And what that says is that any unspecified uses which are substantially the same as or having effects the same as the uses listed in section 3.4 shall be treated the same as those listed uses. Sim similarities shall be determined by the planning board in strict compliance with the standards set forth in section six and with other pertinent provisions of this ordinance. Any use or activity not listed in section 3.4 shall be excluded unless the planning board in accordance with section 3.4 determines that it is similar to a specified use. And tonight we have property owner College of the Atlantic. The applicant is Anna Davis. She's co-manager of Beach Hill Farms. Location is 169 Beachill Road, Mount Desert. Tax M tax map 9 lot 43 zoning is rural woodlands three and purposes a determination of use and this one was advertised.

Yep. It's in the newspaper and a butters are notified. A butters are not notified. This is just an informal. It's at least in the newspaper. uh the Mount Desert Islander Thursday March 26th right here. Got it. And this is just a informal discussion tonight about a determination of use and I'm going to turn it over to Anna.

Hi, thanks for having me. Also, this is just Dan Dagel here as the head of buildings and ground, director of buildings and ground public safety at College of D. Um yeah, so I am the co-ander at Beach Hill Farm. Um for all of you familiar with Beach Hill Farm, one of the two farms owned by COA, uh six acres out on Beach Hill Road. Um and we're we operate our seasonal farm stand there, make through November. Um and we've had like very small informal gatherings in the past and are hoping um and some and some bigger events and our and um are uh trying to figure out um well this conversation came to be because we were approached by Havana restaurant who wants to host two to three um weddings at the year uh a year at the farm. And so I reached out to Kim and as part of that I said and we have um these three other kind of bigger events and I just want to make sure that we're doing everything that we need to do to make those above board. Um so the weddings are more in the future and then there's the three events that I shared with Kim um uh that we would like to host this year. Um, and those are we have our opening day and seedling sale which would be May 16th and that's our like farm stand opens. We have um and and we have we open up our propagation house and people can come buy seedlings. Um we might have um uh you know maybe selling kids activities. Um maybe we would that one's not much beyond just like our regular farm stand day, but we would advertise that in the paper as a bigger sale

opening day event. Um the second one would be on July 17th. It's the Share the Harvest and Havana benefit dinner. We have hosted that in the past. Um Share the Harvest is our studentrun food access project. It's um run primarily by students. They raise funds throughout the year to provide uh discounts in the farm stand to food and secure members of the MDI community. Um that so that dinner is co-hosted would be co-hosted with Havana restaurant Michael Bolan. Um it would be a ticketed event. Uh 150 guests uh five you know it's it would be like 5:00 p.m. to 900 p.m. is the official end time. um one uh 40x60 or 40x40 tent. Um all of the cooking is primarily done by Havana at Havana and then they come and like plate and keyed and plate in a small 10x10 outdoor cook tent. And so that's all very contained right behind our farm stand. um it is ticketed and all of the funds from that event go directly to support this food access project. Um we would rent a porta potty and have parking in our farm stand parking lot. Um the second event is the Share the Harvest Soul Benders benefit concert. So that would be another benefit concert for the same food access project. Um that would be open to the public would be a suggested donation. Um we of $5 to $20 is usually what we put. Um outdoors. Um no tent. We cancel

it if it's rain. Um but done in the same spot right behind our farm stand that we have the dinner that we would have the dinner. Um this would be same 150 200 people. Um we for that event we would foresee it being maybe a little bit bigger. And so um backup parking if we exceed our own parking in the farm stand would be to utilize the camp beachcliff parking which they've given us permission for um that event. And we would then um have a shuttle bring people down to the farm from there. um saying we would rent a porta potty. Um and I had put in the uh info I had shared earlier that it would be in our field parking but I we are in trust with Main Coast Heritage Trust and um that wouldn't be a possibility. Hence the Camp Beachcliffe um option and then um if required we would apply for the special amusement permit from the town. Um, and most likely the I we're still working it out with Havana in the past. They've um they've taken out the liquor license or they've used their liquor license as a I forget exactly what it's called, but they've used their liquor license as like a catering license for us. Um but through our we also have liquor license at the farm stand and we can because we're associated with a COA can take out five special event um liquor sale license that we get through the town a year. Um so that's those are the three major ones that we would like to host this season. And then um the weddings would be in the future. It would be we

wouldn't we we would seek approval for three possibly four a year once a month one a month June July August September um they would all take place they would basically follow the same format of our share the harvest dinner and we've worked with uh Havana in the past so we would take that um under the 40x40 tent portati a small cook tent parking in our parking lot and then that would depend on overflow parking at Camp Begliff um of shuttling people down there. And again, I think we would use um in terms of liquor, the catering license that would come from um Havana and we would be um you know, we would essentially just be the event space and they would take on all of the other coordination and um with the with the clients and all of those funds, you know, we hoped to that would be Um, you know, the reason behind wanting to host the of the to do weddings is just to be able to help offset operating costs at the, you know, uh, you know, sustain our ag the agricultural focus of the farm.

Is there any way we can change? I try to so everybody online that's what they see, I guess. I mean, what what about seeing like the person talking? I mean, there's got to be a way to change that. Goes to He's not talking. Yeah. Right. But if we're talking, shouldn't it switch? You would think so. I don't know. I don't I don't know. Dynamic gallery. What's that? Multist speaker. We just see what change this because I'm not used to messing with this.

I know it's just there's like there maybe no it is got what you got. All right. We This is We probably need to straighten it out for Yeah, we we're gonna probably hear about that. Yeah. Yeah. All right. There's a email to Kyle. All right. Can I Well, maybe it was fine on Monday. Yeah. Yeah. We're beginning. Yeah. It was doing it when we went to

Are these two things like biting each other? Maybe like the owl and the thing up there. Oh, I don't know what to tell you. That Dan looked back. That's what happened. Yes. Come over there. All right.

Okay. Well, that's kind of about to start us talking question for Kyle. Right. Well, thanks for that. Um, so I I just had a question like maybe a dumb question, but why are they even here for this if they're if they're pulling special. This is agricultural, right? Yeah. That's what their uses of their property and uh special events like this that they're asking and a wedding venue for future. We don't have that in the ordinance and that's not what happens if any other land owner wanted to have

What happens if another land owner property owner in the town wanted to have a wedding or on their property? I mean, if they won Yeah. You know, I mean, like on a weekend or whatever. I mean, it's Yeah. But they want to do this three to four times a year, once a month. Is there like a threshold for this or we're just No, this is new territory. Uncharted territory.

We have no venue or special event use in the permitted charity. You know, we have talked about redoing the list of per of permitted uses and I know that in some of the proposals we had it's a dreary project doing getting through that. So I think there hasn't been a lot of enthusiasm but we have talked about that and it did contain venue act and activities according to size you know that would be permitted um it was specifically permitted. So, in the meantime, we have to The special amusement permit doesn't address this kind of stuff. No. No,

that's a separate permit through the town through town clerk. It's not lanyards. Something like the Asticoo does that because they're a hotel. What's that? Post weddings. Yeah. How does that work? Like host weddings for years. What about when they ask who does the friends of Aadia thing or used to? Not this year or but they did for years. I don't know. It just Yeah, it had always been done there or they had like multiparable. Yeah. Special events there.

Yeah. I mean they have like function rooms or specific areas for that use. This is agricultural, right? Yeah. What's camp beach club? It's a summer camp but it's a wedding venue. It's an outdoor recreational facility and the question which is the only and that's allowed wedding pigeon hole. Can can you have more than one? Yeah, you can have more one use assignment except for the show. Yes, but it's

Yeah. So one of my questions about this is the reason for doing these things is to directly benefit agricultural purposes is to directly the first three things are directly to make it accessible the food more accessible to people who can't afford food at the regular prices and the other is to betray operating expenses of the farm of the agricultural business which is a difficult matter I suspect to to balance. So um I I'm just going to say at the outset I'm not ever going to pretend to understand um the wedding industrial complex or even say that I like it. But that's quite aside um from this. But I I wonder if we can't regard this as a similar use. They're growing crops, but then the question is for what purpose? How are people going to get to eat them if they can't afford them? And so you have to do these subsidy events. um the weddings are a little more attenuated, but if the proceeds are going to go to help fund help fund the ongoing operation of the farm, there's perhaps an argument there. It's not an easy argument, I don't think. Um and then the other question is how does it fit within section six? So there is it compatible with um is it is it compatible to in the neighborhood? Um I mean we've got to do that too. Section six liabilities

6B seven recreational outdoor facility without the facility. I think you need to establish what the use is for. It's a use that's similar in the ordinance similar. And if you determine like it's let's just say commercial, outdoor, recreational, I'm just throwing that out. Yeah. If you consider it that that requires conditional use of the planning board and they'll have to come back conditional use.

So definition, you know, they've got agricultural. So now they're adding an outdoor recreational commercial outdoor recreational use. If you find that's what it falls under. Recreational facilities outdoor includes swimming pools, tennis courts, playing fields, basketball courts, golf courses, and other recreational facilities which are not in any way permanently enclosed in a building or structure and capable of accommodating more than 10 persons. Such facilities may include building or other structures as accessory for such a facility. So it's other recreational facilities and it may include a structure but doesn't have to. Are t those tents considered temporary structures?

Yes.

Now I know one other town says it's theirs is outdooration. Yeah. Another town that I checked has of course an ordinance specific to special events.

Or if you think this is accessory to the agricultural use why and you just determine that that's that and they already have that use established that requ doesn't require a permit. I mean the only way reason I would say it is well the first one actually I would say is like this the opening day in this in the seedling sale but but the purpose of them is I don't think that's too controversial but the the other two are directly to benefit a food

need the access wider access to the products of the farm agricultural products of the farm um and the weddings I think make this a bit more attenuous, but you could maybe do that. Do we have any other do we do we know if there are any other public are there any other public comments about this or haven't heard? No, I haven't heard. Oh, yeah. That would be No, because the abundance were not notified. Yeah. Yeah. Of this. It's just a like a like I said, it's trying to determine the use.

So, you've done these some of these events before. This is not the first time. This is sort of like a whoops thing. Um, well, it happens. Um, have you had problems with neighbors? No, we haven't. Yeah. Okay. It sounds like the majority of these events would be accessories to the existing use,

right? And I well I think about like when we're going down through the let's say the nonconformity checklist you know and the impact on the on mature trees and the septic and that and the like and often we have had projects that don't don't successfully address each and every one of those review criter criteria but the majority do.

Just thinking of the the brief of the context of review here with this right in agriculture is a production keeping or maintenance for sale or lease of blah blah blah including fruits and vegetables. Um and these are arguably ancillary activities to facilitate a sale. Yeah, I think it's or use of agriculture products.

It's accessory to the principal use and we need to think about this in the future amendment to the land use.

Oh yeah. Yeah. Yeah, I don't think I mean that's what the discussion we that we've had sometimes with the lo or you know null's brought this up a number of times that maybe this list of permitted uses is out of date the enthusiasm for going through pages and pages and pages of alternative definitions and wes pretty quickly but it's the loa committee is going to discuss very shortly what we see in our future for next year. So maybe discuss this again. What do you guys think?

I like the direction you're taking. I don't I I am a little I don't think weddings fit as well quite frankly, but I I mean then I suppose you have the argument that it's a outdoor recreational event and you still have to go through what do you have to go through for permitting to get like if we say it's it's a use it's it's a it's a similar use what do you then have to similar use to CEO I mean to agricultural It doesn't need a permit because it's accessory to a use that's already established. No, but I mean if you're going to do weddings, you probably have to do an entertainment. They'll have to do a special amusement

permit. Um, and that's going to cover things like the state I checked with the state with the port of body stuff. um they daily said it's the authority having jurisdiction because they have a septic system on their property but it's not designed for large events like a wedding venue. Yeah.

Um it's for staff. Um but um court of bodies ideally is up to the town or the authority have the jurisdiction they um um they're going to need if if uh Havana is going to provide the food for events they're going to need a catering license. Havana is they're not because Havana is going to be the one providing the food. Um, I guess I just spoke to the state before I came to the meeting, but ideally that's as far as I know that's it. So there's no the the permit wouldn't address like hours that this takes place and

No, because they don't need a permit through me. I mean, they may special amusement might, but I don't issue those permits and like they I think they had said they were going to go until 11 at night. Is that what you said? Yeah, that's 10 for the for wedding night. Yeah. Who issues those permits? What's that? The amusement permits. It's the town. It's Talon, I believe. They go to select select. Yep. I mean, up on up on that hill, sound could travel a long way. Quiet. That would be my

I mean, you're not planning on putting in like croquet courts and basketball and tennis. And I mean that that to me is a outdoor recreational right use can't be more just special right I think we're having to be generous in our interpretation of the of our other uses when we if we if we have to get a special event at each event or just one time is that it's per per event per event. So that the town's got a permit for the H

seems like it covers it. I would agree with that. I think it's an accessory use and they're covered by the police process. I mean, we understand that farm weddings are going to be a thing now, but All right. What's the consensus here? Are we at the point of gathering a consensus? Yeah. Should we have a finding an above on this?

I move that we find the proposed uses as outlined in the correspondence from VHL farm to be similar uses to their already permitted use which is for an agricultural business. And the weddings in particular would also be similar to um recreational outdoor recreation facilities.

So you're saying the wedding use is outdoor recreational because that's different. No, you want it to be all similar to agriculture. If it's recreational, they got to go to planning board for No, I I think it's accessory to the established agricultural. Okay. All right. You want to do it that way? And we'll require a Well, yeah. Well, we don't need to make that part of the motion. It just require You're just trying to establish the use. What does it fall under? So, I know. Okay. Not done then. Are we You want to press rewind?

Well, I can press Yes, I can press what he said. I can press rewind. Um uh I move that the proposed activities in the March 19, 2026 email to Kim Keen from Anna Davis falls within the similar uses to the already permitted agricultural use of the property. Second that. All those in favor?

I There you go. You got it. All right. Moving on. Item four on the agenda tonight. We have a couple conditional use approval applications. The first one is conditional use approval application 03 2026. Owner name is William William William Fibben. Agent is Berdick and Associates Landscape Design. Location 19 Delights Road, Mount Desert. Tax Map 26. Lot 25-001. Zone is residential 1. Purpose is section 3.4. excavation or filling of greater than a 150 cubic yards and 67 excavation other than gravel pits or filling and and we had a site inspection at 5:15 and was this one advertised in the butters notified? Uh yes. Um it was advertised also in the March 26th um Mount Desert Islander and it says butterers are notified on um by letter of dated March 23rd. I'm just looking through here to see if I have that

for the butter slip. Yeah. See in your still in the bag has it all applications in it.

There's O2 witness. Yeah. Okay. Okay. So, better list. Okay. List and a copy of the letter that went out at March 23rd. And I'll ask if there's any conflict of interest on this one here.

I will raise my hand and say I have a conflict of interest as the weapons are clients of ours. So I should probably recuse myself. I move we accept Mr. Husel from hearing. All right. All those in favor? I There you go. I think we should probably vote. on. Yes. I vote uh I move we vote Daniel Burke to be a voting member. Second. All those in favor? I No, you say that.

Oh, all that is in favor. I um looking for a I just guess I just go through it. Right. Right. Um can I borrow and is there a a different form in here for me to do? Well, hopefully there's a short form. I'm going to move your form that is

I'll second a short form. Second one. Okay. All right. Want to vote on that? All those in favor of short form. I we already do the uh this being in the paper. No. Yes. Yeah, we did that. Okay. talk about the site site visit was. Yeah. Oh, the site named who cared to give a little review of the site. I wasn't there cuz I had that time.

Oh, anybody else? Okay. So, this is a property that's been undergoing some construction and it's and there's a bunch of ground work that's been partially done and apparently some of it there was some difficulty with and there was some runoff and so they've been in the process of burying that. And this is a fairly steep slope below the residence and the garage that that the property owner believes needs a great deal of um terrace stabilization to prevent further erosion from happening down the hill. And that we saw that and it seems it's in process and it seems fairly obvious that it needs further work and it's it's not going to happen without additional material. My question

from the applicant. Would you give a presentation, please?

Good description, Gail. The uh the site is um it's very steep. you'll have seen on the plan there's the topography is uh pretty extensive there. Um there was a a previous permit for garage I believe that was in 2019 that was just completed last year. Well, we're still doing some work but it's for the most part done. Um and the previous site contractor um uh installed Phil around the garage and uh buried the power line across the site to a power pole on the other side of the property. Um and in doing that there was an excessive amount of sand installed um the appropriate amount over the power line but also um in front of the house on the downhill side that's uh subsequently eroded all the way down through the meadow and all over the place. Um so then Moore was called He was trying to take the sand out and remove it with appropriate fill. The process is that they found a break in the sewer line. Um Ben called Ben and Bob Young who came and replaced that section of the sewer line. That's not part of our application, but it is noted on the plan that um the intention is to replace the entire section of cast iron pipe through their property. Um, and obviously our work can't be done until that part of that is completed. So, we're offering a a corrective plan that will improve the grading and drainage on the site and bring

everything into compliance um with maintaining the drainage on this property. So, there are a number of things on our our list for our application that we're uh we've included on the site plan, which is a series of terrace boulders on the downhill side of the of the house that will um uh mitigate that grade change. Um and then those sloped terraces, if you will, um will be planted with it. We're almost treating it like a shoreline stabilization. So there'll be fibrous rooted plants, you know, proper drainage fill underneath, brush stone, um, uh, to be able to direct and absorb the the amount of drainage coming off the upper hill side. Um, we're also proposing to extend the gutter drains, which actually they didn't really exist to begin with, but um, everything's on ledge up to the foundation. So, um, we're proposing to connect those. Those those are shown on the plan and then redirect those into the center center of the property. Um, we've got a stepping stone path from the new garage to the house. and uh a covert down on the lower portion of the property across from an existing uh playhouse we'd like to uh have be part of this application to direct the drainage there. Um and then ultimately we'd like to remove the rest of that eroded sand on the meadow side and bring in new lom and reveate that with a wildflower meadow. Um the grass pavers um we're proposing on

the downhill side of the garage that connects across the front of the house. Also as part of the drainage correction um to install geob block grass grass pavers there so that that um can increase the absorption of the water coming off the ledge. Uh it'll also provide a stable surface of moving their thingies around and things. So yeah, that's the both of it, right? Should we go through public comment?

Hey, this is Aldo Adriola. F's neighbor um up on the northern end of his property um or the top end. I don't think anything really uh abuts very close to where where our properties intersect, right, F? I mean, it's basically you're dealing with something that's further further down, right? Yes. Okay. Uh yes, that's correct. It's uh uh completely on the uh the other side the uh driveway that I use.

Okay. All right. Thank you for that clarification. Shall we start here? for public hearing that will speak on this application and the public hearing. Okay. And that the public hearing's closed and we'll proceed with the conditional use approval application.

First starts out with the want to find the applications complete and uh approve or yeah motion. I move we find the application complete. Second that. All those in favor? Hi. Hi. I move we approve the application. Second that. Stop. Right. Yes. Okay.

So, um section six, standards for uses, permits, and approvals. Um section section 6A1 compatibility. It says yes. Physical size. Yes. See, attached plan. Um visual impact. The aesthetics of the property will be improved from the interior and exterior of the home. Proximity to other proximity to other structures. See attached planned. Proposed work will occur within the town's permitted uses and current structures will not be altered. Um density of development. The proposed excavation and fill will not increase the density of development. So that's everything for 6A1 compatibility. So I'm going to uh check off here. See application 6 A2 erosion and sedimentation control. Um it says see attached plan for erosion and sedimentation control measures. Best management practices will be adhered to during construction. the application and um the removal of sand and gravel. There's removal of sand or gravel from natural beaches or disruption or removal of buffer strips that protect fragile land areas immediately behind a shoreline. And it says NA and tilling of soil is NA. 6 A3 highway safety. The project construction is away from the highway and the proposed use will not cause congestion or unsafe conditions. And then it says sufficient off- streetet parking shall be available. Yes. 6 A3 uh C application.

impact on town services. 6 A4 says NA 6 A5 land suitability says C attach plan for drainage uh/storm water management plan best management practices will be adhered to during construction. So 6 A5 um C application 6 A6 lighting outdoor no outdoor lighting

NA uh 6 A7 storm Water says C attached storm water plan. The application 6 A8 vegetation. It says NA proposed work is not within 50 ft of state or town road. The application Um 6 A9 dust, fumes, vapor, odor and gases applicable standard met. So I guess that means C application. So for the general performance standard 6A um but for um the 6A4 impact on town services and and uh lighting outdoor which are not applicable. All the others um have been marked C application and I guess this standard has been met.

I move that as a matter of finding finding fact and conclusions of law are that the applicant has met the provisions of 6A. Second. All those in favor? Hi.

Okay. Um 6B specific performance standards for activities in land uses. Um 6B1 agriculture. It says NA um 6B jumps to 6B7 excavation other than gravel pits or filling. And um this I believe this is in the R1 uh district and it says um excavation or filling of less than greater than 150 cubic yards um is C. So approximately 800 cubic yards or fill will be used. Um, so I'm going to say C application 6B8 fences and walls NA uh 6B16 regulations NA doing mineral My my form has that that's not on here. Correct.

No.

Okay. So, and sign regulations on this form is uh 6B15 rather than 6B 16 but a um 6B 18 wireless communication facilities. There's a lot of narrative there. It says NA get to chickens. Animal 6B 19 animal husbandry 2 in the village commercial and Shorland commercial district chickens. NA 6 V20 mobile food vendors. NA. Okay. 6B21 rooming house. NA 6B22 Hotels and Motel NA I didn't get the solar see that here. So the solar energy systems is not on the the format I have.

Um so uh uh but for uh 6B7 excavation filling C application I find this standard has been met for 6 B7 and all the other I of not applicable. I make that motion. Sure.

Um, I made the motion. Um, I move that the 6B uh is in applicable except for 6B7 excavation other than gravel pits or filling and the application including the specific details outlined in the drawings. The plans indicate that the provisions of 6B7 have been particularly with regard to erosion control have been met. And therefore the and therefore six the provisions of 6B have been met. Um can I confirm that solar arrays are part of this because I can add it in and it's not applicable. Correct. Correct. Yeah. Just want to hear it. Okay.

Second. All those in favor I So now we're on to 6C agriculture. Oh, six. Can I just move that 6 C and and five N are not applicable because this is not within a show zone. Okay. I'll second. So, shall I should I go ahead and do these all NAS or No, it's not saying it's not applicable. Oh, there. Okay. At least on this full.

Okay. I've done that. and Dan having seconded. Okay. Yes.

All those in favor I think we can go back and vote on her application. All those in favor of approval of the Oh, are there any conditions? I don't see anything.

All those in favor of the application. You second. He seconded. Well, we already had the original motion and we just had to vote on it. All set. So then I have to figure out what the same forms.

Here it is. Application approved on phases. What's the eth Thank you. Thank you. Now, do we have to move you back?

I vote the bill comes back to be chairman. Second, those in favor. Can't we just leave him over there? Say anything about Dan. Yes. So I move that we I move that Dan will not be a voting member of these of the following of the next two applications. Awesome that. I hate to second that but I will second that. Right. All those in favor I right

call me crazy but can I make a suggestion for this next application or ask two applications both yeah why why aren't we review can we review these together they're two separate lots they're two separate lots you will be crazy then yeah you are crazy yeah right will There will be when you're done. Got it.

All right. Here we go. So item 4B we have conditional use approval application4 2026. Owner name is Clement and Linda H. McGillicuddy Revokable Trust. Agent is Emma Kelly Landscape LLC. Location is 33 Harborside Road, Mount Desert. Tax map 26, lot 39-1. Zone is Shorland Residential One. Purpose of session 3.4, excavation or filling of greater than 150 cubic yards and 67 excavation other than gravel pits or filling. We had a site inspection at 5:30. And was this one advertised? It was in the

papers on the 26th of March of No, it's today. This is April. So the 20 the uh newspaper of the Mountain Dert Islander on the 26 and the town of Mount Dert sent out notices to Butters on March 23rd. List of them. Got it. We had a site inspection at 5:30 and Ann, would you like to tell us about your observations? Um,

we walked to the back of the property that looks out toward the water and it was um a site that that had uh grally and um kind of dirt surface. And as you look down toward, they're going to bring in more material and and create a level or terraces, several terraces down to the lot that we will talk about the next time. So I will leave it at that for this one.

Anything? Yeah. Any other observations to add? None here. director. I I sense you're looking for some, but I'm not sure what it is. All right. And then I will turn it over to the applicant, and the floor is yours.

Um, thank you. Uh, so this is one of two properties I'll be talking to you about tonight. Um, they actually run side by side, so you you'll experience these terraces and planted areas in both. Um and they just continue across both lots even though they're not legally connected. Um currently these areas are have been used for construction access and lay down and they're pretty rough and raw with gravel piled gravel um and open soils. Our goal is to rebra these um bring in better soil, remove the construction field, um replant flat areas with grass for uh family use. And um the slopes in between were able to get to more than a 4:1 slope. And so simple planting should spice to create a stable um slope in between. and manage erosion control and beautify the space and create better access for family members who are young and have mobility outages.

So, it's fair to say these are two legally separate plots, but they will be physically owned by the same person. Different names, different trust. Yeah, I didn't I didn't ask that. Yes, there's a a Clement in there. Yes, one is and Linda.

Next is just Thank you. And I'll open it up to public comment. Do we have anybody online still? So, this is John Gallagher. Um,

I think we're next to actually the next application that you're doing, but some of the questions that I have are probably applicable to both. Um, the first one I just want to talk about the driveway, which is technically a shared driveway between several lots there. Uh, but we're pretty much the only house on the driveway. And during all of the work that you're doing on these two lots, I want to know what are you doing to make sure that the driveway stays clear and that we're able to access our property and also, you know, debris that are coming off and so on and so forth. How how are you going to manage all of that to make sure that we're you know we we like what what's on the plan what you guys are doing but we just want to make sure we can also be there this summer and enjoy it.

Um is this appropriate for me to respond to? Yeah. Um so not a part of this conditional permit since you're only looking at uh Phil but um Mr. Gallagher to respond to your questions. Along that property line, it'll come up in the next permit. Um there will be fencing with a bump in for parking. Um so the final uh you know condition will be there will be parking access for uh the second for both lots, but it will be be outside of Leeward Way. So outside of your right ofway and um movement area. Um construction schedule has yet to be determined at the moment. Uh we're looking at cleanup of the upper area and just stabilization of the lower areas um in hopes that folks can just enjoy the space this summer without dust and noise. Um, but yeah, I I don't know what else can I offer.

So, I guess it sounds good. If you're trying to make it enjoyable over the summer, that we'd appreciate, but um I guess the only other thing is there's probably going to be a lot of damage to that driveway with all the heavy equipment. And even though it's shared, we have taken the responsibility of maintaining the driveway, putting gravel down as necessary. And I just want to know is are you going to do anything to mitigate all of the trucks coming in and out and what that does to the driveway? You're describing the end of Leeward Way where it

Yes. Yeah. So Leeward Way, it's just recently been named that. It's, you know, for the past decade, it's been pretty much only our driveway. So, we've paid for the gravel, paid to have it clean in the winter and so on and so forth. We've kind of continued to maintain that, but I just want to make sure that the work that we put into it isn't for not.

That seems like a very fair expectation. Uh, as a professional, I would always recommend to my clients that you leave the site cleaner and in better condition than you started. And since uh the goal of the project is to clean that up and remove as much um gravel and replace it with uh planted material as possible, I don't see any barrier to ensuring that the road is cleaned up as they exit and complete the project.

I appreciate that. Um I have a couple other questions, but they're more specific. I probably should wait for the next one because the sewer line in question is on the other property. We'll wait or wait comments on that one. Right. Any other questions from the public on this application? All right. I'm not hearing any. So, I'm going to close public hearing. And um why don't we first get a motion to find the application complete. So moved.

Second. All those in favor? I. All right. Maybe a second motion for using the short form. I move we use a short form for the second. Second that. Those in favor. I I move we approve the application. Second that. Press pause. And now we're going to review the application. So got the short form here. Looks pretty short.

Say BC approval. That's for the next one. Yeah. And just make sure these I got the right one. This is four. Yeah, this is four. Still sort of No, that's

That should stop me. We did the advertisement and the butters on this, didn't we? Yes. Yes.

You know the Okay, this is five. That's four. We're good. We're good. Diva should have done these all together. Mom,

don't mess them up. All right. I got O4 short form in front of me. Got the O4 application. Right. What I'm seeing here This is 83 Harbor side. It's

05. My breeding glass is at home. So bear with me. Uhoh. Yeah. No, we're we're good. What? This is tax man 263901.

I've got the short form. I've got the application. Let's do this. All right. So, we're reviewing 6A general performance standards 6A1 compatibility. Applicant talks about the total lot size for this lot is 1.04 acres. The area for proposed work is within 250 setback is approximately 16,440 square ft. Visual impact. The goal of the project is to minimize the visual impact. The current open gravel construction fill areas by regrading and adding low loan to allow plantings. Proximity to other structures. We've got a attached site plan and density of development uh will be the same as before. So C application 6 A2 erosion and sedimentation control. Got

I've got a set of extra set of readers if that will help you. I might need those shot. Yeah. Yeah. Let's see if those do anything. Negative. It's worth a shot.

No, I I got this. Yeah, mulching and they talk about mulching and reveation, disturbed soil, temporary runoff control features, the hay barrel, silt fencing, permit stabilization structures, those walls are rip wrap. And again, we've got a plans submitted. So C application 6 A3 is highway safety applicant. Yeah. M applicant says NA. This is the erog.

C21 is the erosion plan impact on town services. Applicant says NA uh 685 land suitability. Um applicant talks about that all disturbance exposed area shall be replanted. Native plant material seated with a turf seed. See application 66 lighting outdoor.

Just NA no lighting proposed. NA 687 storm water. The applicant talks about the proposed grading is designed to improve current runoff patterns uh across open gravel and construction field. The new grades match into the existing grades at project edges. The proposed pitch and slope does not exceed the existing conditions. All all disturbed area shall be replanted with native plants. The proposed site improvements for this permit did not rely on a permanent structure and means for storm water management. And for reference, the site plan show a permanent structure design and permitted by Thomas Fowler. Thomas Fowler's drawings are included in the drawing package. See application 68 vegetation. Yeah, this this is vegetation talks about like tree removal and slashed napkin says NA because there is really no vegetation there and then 69 dust fumes vapors odors and gases applicant says NA. So the findings of fact are presented by the applicant the attached application and the conclusion laws that the proposed use is in compliance with all standards of section 6A for which the standard has been met.

So moved second. All those in favor I

right 6B. We are looking at specific performance standards for activities and land uses and just going through the checklist here. Um, agriculture is NA. Um, 6B7 is one reason why we're here. That's excavation or filling other than gravel pits. And the applicant talks about that the project requires 292 cub cubic yards of fill the C application 6B8 fences and walls. It's NA proposed 6B and then it the checklist doesn't follow the Luzo but the checklist jumps to mineral exploration and extraction NA 6B5

we have sign regulation 66 yes we go from 8 to 16 yeah so sign regulation on our checklist it's 15 and Luzo it's 16 NA have to talk to the lo committee

um uh 6B17 is wireless communication facilities you're not proposing a cell tower 6B18 animal husbandry 2 you're not proposing chickens na 6B20 there's no food trucks na A 6B21. You're not building a rooming house. NA 6B22 or a hotel or a motel. NA. And 6B23 is on the checklist. And that's solar energy systems. There are none proposed. NA. So the findings are fact the proposed use will include none of the specific activities or land uses described in section 6B except for 6B7. The conclusion laws is that section 6B is not applicable except for section 6B7 for which the standard has been met.

So move second. All those in favor I

right soldier on to 6B 6C shoreland zoning standards. So again, a lot of these are NA agriculture and animal housing NA 61 62 archaeological sites. Uh applicant talks about the Arthur Spice Spece. Uh he's a spee PhD senior archaeologist main historic preservation commission commission and Kirk Mo. Money

Mahoney Mooney. Apologies to Parker Mahoney for spelling his name. Roger that. Have been contacted via email. Any and all responses shall be forwarded. See application 6C5 essential services. Applicant says NA parking areas. 6C6 NA. 6C7 marine and freshwater structure standards. You're not building a pier and a and 6B12 waterfall.

69 roads and driveways. That's on my checklist.

Yeah, that sorry. 6C9 roads and driveways is NA and 6C12 water quality. The applicant talks about proposed grading and activities associated with the new grading is designed so there is no discharge or deposit of any pollutants into abuing waters or of the state and or C application. So the findings is a factor that proposed use will include none of the specific activities or land uses described in section 60 except for section 62 and 612 and that the conclusion laws section 60 is not applicable except for 6C2 and 6C12 for which the standard has been met. So moved and I have a 6012 and your list is water flow. Correct?

Second. Yes. Okay. So, so move. All right. All those in favor? I. All right. Because we're in the shoreline zone, we have to do section 59. Do I have section 59? You want mine? Yeah. Right there. I got it. Last page. All right. By 911 will maintain safe and healthful conditions. The applicant says NA. Shouldn't that be C application?

I think that one should probably be C application. Yeah,

we can get the applicant to change that. 592 will not result in water pollution, erosion or sedimentation to surface waters. Applicant says C application 593 will adequately provide for the disposal of all waste water. Applicant says NA. 594 will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat. Applicant says C application 595 will conserve shore cover visual as well as actual points of access to inland and coastal waters. Applicants says C application 596 will protect archaeological historic resources as designated plan. Applicant says, "Slication 597 will not not adversely affect existing commercial fishing or maritime activities in a shoreline commercial district." That one's NA because they're not in the shoreline commercial district. 598 will avoid problems associated with the flood plane. applicant says C application and 599 is in conformance with provisions of 6A, B and C for which the standard is in has been met. So the findings of fact are C above and conclusion laws all requirements for section 59 have been met.

So move second. All those in favor I I they're gonna make a condition that they Can you do cross the application and then maybe draw a line for that one? Yep. And then initial nearby. Yeah. Thank you. Thank you. Okay. Are there any permit conditions? Yes. that that the application receives appropriate correspondence back from the y this main historic preservation commission this one to 62 the second one but we haven't received that

this application oh sorry it it just links directly to the to you I will uh add it in so you have it yeah okay for this one for the second lot. We don't have it yet. Oh, okay. Okay. So, we still have a permit condition. Not for this one. Not for this one, but for the next one. Need to be in the package. I would need to give it to you in the package. So, it should be a condition. Okay. All right. But it's been issued. But it's been issued. So, no permanent condition. Well, let's leave it as we leave it as per condition and then she's showing it as a condition.

There you go. We're going to get a physical copy of it and right. So then we press play. All those in favor of approving the application I.

Congrats. Got it. You got it. I don't care. I can or

it's together. Right. Right. Item 4 C on the agenda tonight. We've got conditional use approval application 052026. The name is Linda McGillicuy Revocable Trust. Agent is in the Kelly Landscape LLC. Location is Leeward Way Mounter. Tax Map 26 and the lot is 39-2. Zone is Shorland Residential One. purposes section 3.4 four excavation or filling greater than 150 cubic yards and 67 excavation or filling other than gravel pits. And we had a site inspection at 545. Was this one advertised? The butters notified.

This is 05. So I have um Butters list here and the notifications went out March 23rd and March 30th and guess maybe it was in the same news that's yeah that's 04 I I can use they're all there But I just want to make sure I'm not quite sure where the newspaper is. You want to go there? That's okay. This um

that's uh was uh from um Thursday, March 26, 2026. That's that's two. All right. Alan, would you like to tell us about your observations from the site inspection? Uh, as we went down there, the the ground's all disturbed and they're going to reshape it and replant it. I believe it was the same as the last one, only a different section. Mhm. Closer to the water. Yeah, a little bit.

They both go down to the water. Any other observations? Anybody? All right. Well, I will turn it over to the applicant. No conflicts of interest. Any conflicts of interest? None here.

No conflicts of interest. Draw on. Uh similarly to application 04, um it is a landscape improvement project taking open um areas of construction fill and open soils and regrading it and creating again the same grass terraces and planted intermediate slopes both for uh owner use and for uh erosion control and better storm water clean water runoff management. Um I will note that uh in the walkthrough today um neighbors approached and let us know about some subsurface conditions on the edge of this lot that are not present on the other lot that um are not reflected in this. But um we will ensure that uh the information gets back to and um uh to exercise extraordinary care with any excavation or plantings along a line that there are sewer lines under at an indeterminate depth. Right. Well, I'll open it up for public comment.

So, um I won't re ask all the questions from the other one because you've already answered them. And actually, I think you just touched on mine. The sewer line that you're talking about actually ruptured last year or it may have been the year before. I can't keep it straight. Um I didn't see it on your plan. So, I wanted to make sure that you are aware of it. Um, it does meander back and forth across the property line. So, it's on our property at some points and on um the the subject property at other points. So, I'm glad to hear that you are aware of that and that you'll be careful with it. So, I think you answered all of my other questions on the um on the other application. So, I think that's it. Any other questions from the public? Yes, ma'am.

Understand that we could have between 40 70 dump truck loads of fill going in to bring to satisfy both properties, right? And that they'll be using the lane and staying on the lane and not meandering below the lane because of the sewer concern. Yeah, that's a that's another fair observation. I'll rep I'll feed back and represent to the contractors clarity on what the appropriate access point is like spray paint or line or something like a snow fence or something. Yes. Yeah. Just be careful how deep you put those crinks in.

It's pretty tender there. And so with each load that it comes in, we're going to say 40 to 70 loads are going to come in because you're going to service both properties. How much material are you going to remove of that um rubble? It's unclear to us because we're we haven't excavated there yet. So, we don't know how deep it goes. Our goal is to remove um you know, in grass areas we want to have, you know, enough depth so that we're not creating hard pan right underneath of the bloom.

Um and in planted areas, same thing under 12. Um that said, our goal is not to go forever. Um and so I think one could reasonably expect uh outside of grades that also want to be changed to have appropriate levels. Um additional excavation hopefully between 12 and 18 in at the most with scarification of the road being underneath layers so that we get appropriate we don't get a a hard land. I was thinking of Mr. Gallagher's previous concern regarding the road itself. I mean that that's a lot of traffic on that little dirt road.

Yeah. Yeah. And I would say the same um level of professional courtesy and responsibility should apply here. Thank you. Could I add one thing to this and that it's not just one sewer line. The one that ruptured in 2024. Hold on Mr. Gransson just one second. Yeah, it's all over the place and I think Willie knows about it. Multiple deaths. Okay, so go ahead, Willie. Go for it, Willie.

So, I was the one that dealt with the sewer rupture in 2024. So, I saw the pipe that opened and I can tell you that it's not just one pipe down there. It's two pipes that feed three houses. We don't know quite where the second pipe is other than it's underground at some point. We also know when we opened up the hole that there were five or six fairly decent size electrical cables or wires down in there. And I suspect it relates to Mr. Gallagher's house. And so it's really worth noticing that whatever happens on that property line, as Emma has already said, has to be super super careful. And I think it's also worth mentioning all the construction over the past year or so has certainly increased the mouth of the driveway going into what was a loopin field. And so I don't know how much dirt compacts. That's not my area of expertise, but the sewer line is between four feet and five feet at the driveway and it gets up significantly shallower right where they've been driving over it. So I know uh Mr. Gallagher has mentioned it. I know others have said it. That's a real concern. No one wants to deal with a broken sewer line. And there is some ambiguity. I'm happy to share what I have with Emma, but we just had it scoped, you know, a couple years ago. It's been scoped again. We've been told, "Do not plant near it. Do not look at it funny. It's very fickle."

And thank you for offering to share the information with us. That that'll be very useful. Thank you. All right. Any other public comment? Going once, twice. All right. We're going to close public comment. How about we first get a motion to find the application complete? Second. All those in favor? I. How about a motion for the short form? Second. All those in favor? I. And then move. The application.

Second. And then let's press pause and go through the review of the application. And I've got my checklist. I've got the application to the right. Yeah, I'm going to use that

and let's wade through it. Great. 61 compat compatibility. Uh the applicant talks about the square foot area for the pros work is approximately 15,156 square feet. Visual impact. The goal of the project is to min minimize visual impacts by replanting the existing gravel area with native and naturalized plant material. Deciduous and evergreen tree planting along the property line with lot 45 shall provide a filtered visual buffer. proximity to other structures they've got to attach site land and density of development is the same. So 6 A1C application 6 A2 erosion and sedimentation control. Uh applicant talks about all disturbed areas and all regrading of any exposed areas are going to be replanted with native plant material and conservation seed mix. Uh they're going to use temporary soil and erosion control. Um and they also say no permanent stabilization structures being proposed. So see application highway safety applicant says NA 684 impact on town services NA land suitability 685 says all disturbed and exposed areas shall be replanted with native plant material and seated with conservation

seed mix. See application 6 A6 lighting outdoor NA there is no lighting doors storm water 6 A7 uh applicant talks about the proposed grading associated design to fit with the existing topography and soils the grades match in existing grades to minimize disturbance the proposed pitch pitch it slope it doesn't exceed existing conditions. Disturbed areas shall be replanted and native plants to slow and disperse any surface water. Uh and proposed site improvement for this permit does not rely on permanent structures. So C application 688 vegetation applicant says NA Dust fumes, vapors, odors, and gases. NA applicant says NA for 6 A9 findings of fact that are presented by the applicant and attached application inclusion laws proposed use in compliance with all standards of section 6A for which the standard has been met.

So move second. Shouldn't um the thusp and so forth be uh standards met like we did in the prior application

I would say so yes let's change that 69 is C application and we'll get the applicant to change that to applicical standard met so 6B1 agriculture culture. It's NA 6B7 excavation or filling. The applicant talks about that this project requires 427 cubic yards of fill. See application 68 fences and walls. Applicant says NA 6B12 mineral ex exploration and extraction NA 6B15 sign regulations NA 6B17 cell towers NA 6B 18 chickens NA 6B 20 food trucks NA A 6B 21 rooming house NA 6B22 hotels and motel NA and 6P23 Solar Energy Systems is all anxious.

NA. So finding a factor that the proposed use will include none of specific activities or land uses described in section 6B except for 6B7 excavation or filling. And the conclusion was that section 6B is not applicable except for section 6 6B7 for which the standard has been met. So moved. Second. I do have a question.

Yep. Should we I don't see the sort of erosion control kind of information in this application as we have in the other one the 6 C21 maybe I'm overlooking it but should we not have copy of that also incorporated into this application um the previous one included Tom Fowler's plans for a permanent structure that was higher in the site on this one um we simply show the sedimentation and erosion control measure with a dotted line and have a detail for it all on the same sheet. Thank you. Yeah, there you go. Vote. I didn't We didn't vote.

No. All right. I interrupted you. All right. All those in favor.

We got I gota ask. So, did we vote on 6A? No. No. I don't think we did. We didn't. Let's just do it just to be sure. All right. All those in favor of 6A. I I Good catch. And do you want me to come up and make the same amendment? Yep. Wait. So, we are in the shoreland zone here. So, we're in section 6C. And first thing in 6 C is 6C1. Agriculture and Animal Husbandry NA 62 archaeological sites.

We'll need to follow up. Yeah. Again, the applicant talks about that they are um they reached out to the main historic preservation committee and by email and they're just waiting on the responses.

So, games. C application 6C5 essential services NA 6C6 parking areas NA marine and freshwater structure standards NA they're not proposing to build here roads and driveways 6C9 NA a 6C12 water quality in L in in on the application at 601. So the applicant talks about the proposed grading and activities associated with the new grading is designed so there's no discharge or dispos and or deposit any pollutants into abudding waters of the state. So C application. So the find proposed use will include the findings of fact are the proposed use will include none of the specific activities or land uses described in section 6 except for 62 archaeological sites and 612 water quality. And the conclusion laws section 6 is not ex applicable except for 62 and 612 for which the standard has been met.

So second all those in favor. I all right and because we are in the shoreland zone then we have section 59. So story time continues. Here we are. 59 starts here. 59 starts. Yeah, she did a number on us here. 59 is I got it. 59. Okay. My 59, their 59. Okay. All right. 591 will maintain safe and healthful conditions. Switch that one. Yeah, we're going to switch that one to C application.

5.9.

Yep. B 92 will not result in water pollution, erosion or sedimentation to surface waters. C application 5 by 93 will adequately provide for the disposal of all waste water. NA 594 will not will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat. C application 595 will conserve shore cover and visual as well as actual points of access to inland and coastal waters. C application 596 will protect archaeological and historic resources as designated in the comp plan. C application 597 will not adversely affect existing commercial fishing or maritime activities in the shoreline commercial district and a they're not in the shorland commercial district. 598 will avoid problems associated with the flood plane C application and 599 is in conformance with the provisions of section 6A B and C standard met. So the findings are fact are the above and the conclusion was that all requirements for section 59

have been met. So moved second. All those in favor I go to the permit condition. The condition is that they obtain proper approval from regarding archaeological section. Okay. Check. Can't help you.

Great. So, I got page one, page two, page three, page four, page five. All right. All right. Here we go. All right. Back to our eight track player. Let's press play. All those in favor of approving the application. I grads.

Thank you, Mr. Gallagher. You're still there.

Thank you, Billy. Great. We're signing. Is there any other business right here? There is other Is there any other business? Well, let me just clarify the question of whether or not the application forms syncs with the sections. Is that really a lo matter or is that just bookkeeping that needs to be Yeah. Who who is that a null thing? Who who generates our checklist or I I a we change our ordinances. Yeah.

When I have time helped if I just few updates. True. Well, I guess I will. Thanks, Heidi. Prom. at your next meeting which is the 22nd of April. You've just had Luzo advisory group um discussion input up in uh update. That's it. That's it. A good time will be had by

Oh boy. Oh boy. I'm not sure that'll be a robust agenda. we are going to meet. We couldn't meet last time because it conflicted with the warrant committee finishing the work. I wasn't going to have meetings and I said, "Well, you know, it's kind of hard when you have like applications that need approvals and minutes that need approvals that people are waiting on." Yeah. We are going to be meeting. We do have a Luzo meeting coming up and hopefully the the discussion is going to be about potential work product for this upcoming year. Sounds like a meeting. We should bring snacks. The meeting about meetings. A meeting about meetings. It's a meeting and it's a meeting.

Well, well, well, I think it's worth us understanding. Um, we have Matt or Nol here what's going to be coming down the road for state requirements and how that's going to impact our our law. I mean that was discussed to keep you guys in the lead along with what we're discussing at Belical density changes among other things. All right. A motion to de dismiss please. Motion to dismiss. Second that.

All those in favor? Hi. See, it worked right at the end. That's what I'm saying.