Planning Board - Regular Meeting

Okay. I don't know why the volume motion. Okay. Call to order the town of of Mount Desert Planning Board meeting of um uh December 10th, 2025. Um my name is Tracy Keller. I'm vice chairman. Um our chairman um William Bill Hanley Bill Hanley is not available this evening at our our table is Alan Kimberly um Ann Dton Dalton

Gail Marshall and Dan Burke. Yep. And um uh so we need to swear in a an alternate two want to duke it out. I think because he's been an alter longer. Yeah. Okay. Yeah. Sure. I move we um make Dan Burke a voting member for tonight's meeting. Shak. All those in favor? I. Congratulations. Glad to be here. Okay. So happy.

All right. The uh first thing we have is approval of the minutes um from um December 10th 3rd. Sorry, December 3rd. And um uh the only notation I have on the meetings that were at the minutes that were presented is that we are to include the attendance of Andy Hamilton having been at the meeting. Um he was not mentioned. I make a motion to approve the minutes of uh November 3rd with the addition to Huh? December 3rd. December uh with the addition of Andy Hamilton. I'll second.

All those in favor? I I

um so our original um agenda has been altered a little bit and we're going to go straight to um a the uh section 3B uh which is uh has to do with subdivision number 003-2025. Uh the owner is Michael Museetti, agent is Thomas Benson who is in attendance here. Um the location is 49 Hall Quarry Road Hall Quarry. Tax Map 7 lots 001-001 and 001-001-001 through 001-001-005.

Tracy. Oh, yes ma'am. Sorry. Can we take the agenda out of order first? Okay. Yeah. Um, can we do the conditional use section four first? Oh, all right. Because the amendment is going to determine whether the subdivision revision happens. Okay. All right. Sorry, I didn't see your hand. I'm having That's okay. You were you were reading all the numbers. Having a good time with numbers.

Thank you. So, out of order, we're going to take section five, conditional use approval application number four uh 4A, conditional use approval application 016-2025. The owner again is Mikeetti and agent Thomas Benson pls. Location 49 Corey Road, Hall Quarry. Tax Map 7, lot 001- 0001, zone residential 1, R1, Purpose section 5.6, amendment to a previously approved conditional use permit number 99-033 to alter an existing vegetated buffer required by planning board as a condition of approval. We had a site inspection at 300 p.m. And who here attended and would like to uh describe the site? Uh Allan.

Oh, we want to wait hold on. Doing conflict. Okay. Sorry. And public notice and abutters. Do those need to be noted? Um does anybody have any conflict of interest or bias? None here. Here. I'm not voting, but I don't. All right. And I do not have any conflict either. So, I think we're all Michael's my electrician and that's it. Pay him what he does. So, all right. Now, with that out of the way, um, can anyone hear me? This is Heidi this application.

Proceed, sir. Uh we went to the site and we saw that it was uh ribboned off and the uh the rightway is just moving over a little bit and it was all seems pretty cut and dry and right out in front of us and it's about it.

Okay. Right. Um um with that out of the way um I would like to uh not notice that um that this was published in the Mount Desert Islander on November 27th, 2025 and notice was sent to Abutters dated November 21st, 2025 and There are eight abutters notified and um I have a question here. Would um someone like to

I I move we use a short form to process this application.

Second that. All those in favor. I I Okay. So with a short form in front of me all this other stuff away that out. Okay. I got to get this put away before I go anywhere. that away for time being.

Uh, this is Heidi. Can anyone hear me?

Okay. So, can hear me? You guys help me out with this one. But um we have in front of us the town of Mount Dessert conditional use approval app. Do we want to have Mr. Benson describe that and then open it to the public? Yes, sir. Okay. Would you like to present your material, sir?

Okay. In 1999, Mike uh put in an application to build his existing electrician shop. And as part of that, there is a buffer shown. It's in your packet. There is a a buffer shown on there hand sketched in an effort to uh buffer the what was Lion's Lot which is now Thomas I guess Glass

Glass. Um, so now what we'd like to do is uh relocate the rightway that goes to lot four of the subdivision, which currently goes right through Michael's yard. We'd like to locate that along the Glass or Lion's Line to access lot four. And that will be the only purpose for that right away. It's it's uh just to go to lot four. So step one here, we'd like to modify this easement uh buffer area by 30 ft. Shrink it by 30 ft along that line that we looked at today. And it's shown on your subdivision plan. uh

on the one that you prepared for today or the original one? The original one is just a hand sketch is from my plan. The same plan, but uh they sketched in Oh, I was looking I was looking at this. This the snowflake subdivision happened after Mike did his business. Okay. Okay. Yeah. Mike Sharp is in and I show the the hatched area is um the buffer area that shown on the first plan I pointed out.

So what we'd like to do is relocate the 30 foot rightway. So therefore it will shrink the buffer area by 30 ft. Uh also in your packet glass is in agreement with this change which the whole purpose of this buffer was to buffer the glass lawn. So he's in agreement with it as well as lot number four just not really affected by it. Is a lot more developed? No, not yet. But they're going to. It's Mike's daughter.

Oh, okay. And she wants to move back here. So, okay. He want she wants to build and uh I think Mike is selling his business. So, also he'd like to relocate this right away from his door. Really? Sure. Kinds of things happen. Michael was my electrician. Where will we get our generators? All right. Okay.

So, there not very many people online that I'm aware of, but um Heidi, they're gone. Hi, Heidi. Just Heidi. It's Heidi, our reporter. So, anybody that's on there, um, if you, uh, would raise your hand if you want to speak, there's a little raise your hand signal down there at the bottom. And then if you would, um, sign in under the chat function so that we can record your attendance, that would be helpful as well. Rebecca Alli was on there, but she's gone, right? She's a reporter for the islander. So, no public close public hearing, I guess. Okay.

Well, I Yeah, there's no nobody to open it to. We'll have to do it in the process, right? Well, I could formally open close the public hearing and then immediately close it. There's no one to speak. Heidi says, "Yes, yes, is asking a question. We haven't yet moved to find the application complete, but we're about to." Yes, I could. Yes.

I can't hear. Can you hear me now? So, hi D. Yeah, I can I can hear the volume's really low. Really? I'll up on this. Okay, good that you can hear me. I tell you what, take care of the substance of her question. I move that we find the application complete. All those in favor? I I move approval of the application. Second. Okay. Let me stop. Okay. Okay. Do you want to try to say something? I'm actually muted. Okay. Okay. I'll be quiet. Oh,

I'll speak quietly now. Now, actually, I'll mute. I'll mute. Thanks. Thanks.

Okay. So, now we have our short form of conditional use application and we will go through our application documents here. So, um the uh application says um that uh the conditional use request. We would like to modify the buffer area shown on the attached sketch from the area shown on pyramid number 99-33 attached. This will enable Debbie's Way to be relocated to the follow to follow the east line of lot six. uh on the um conditional use application for form. Um, so should I read these should I read these paragraphs here about it's a minor change?

I would just read the first one. Okay. And then go down to your general performance general performance.

All right. Okay. So section 5.6 says amendment. No proposed or existing building, premise or land use authorized as a conditional use may be established, enlarged, modified, structurally altered or otherwise changed from the approved in the from that approved in the conditional use permit unless such amendment is authorized in accordance with standards and procedures set forth in this ordinance and the conditional use use permit and provided site plan are amended accordingly. So we are going to go through 6A general performance standards and on application uh 6A1 compatibility it uh uh having to do with um physical size it says please refer to the attached site plan. Uh visual impact please refer to the attached site plan. Proximity to to other structures, please see attached site plan. And density of development, please see attached site plan. So for each of those in 6 A1 I'm going to write um C application 6 A2 erosion and sedimentation control uh which has to do with filling grading and the fact that the filling and grading shall be conducted in such a manner as to prevent or maximize Extent extent of extent possible erosion and sedimentation. Uh this says 6 A2 uh not applicable.

Is it all they're doing is moving a rideway this application. And so the road is separate is the road will come before you separately. All you're doing Yeah. So it's not applicable. Good. Right.

Okay. Um 6 A2 removal or s of sand or gravel not applicable. Um 6 A23 tilling of soil not applicable. 6 A3 highway safety uh since approval of the services to electrical shop in 1999. Um conditional use number 99-33 as subdivision creating six lots was approved in 2009. The right-of-way access of lot 4 was the same access to and through the business lot. The relocation of the right-of-way access to lot 4 proposed within the dedicated buffer area will provide better access to lot four within the snowflake subdivision. The right-of-way relocation will not unreasonably cause congestion on the public road or unsafe conditions. It will provide private access to the subject lot without having to go through MCM's electric business parking lot.

And it says sufficient off- streetet parking shall be available not applicable. So for 6 A3 I'm going to say C application. Uh 6A4 impact on town services. The proposed use shall not undo burden the capacity of the town's facilities including public water, sewage, or the ability of the town to provide essential services. Uh this says the relocation of the right of way to access lot number four within the dedicated buffer area will not unduly burden the capacity of the town's facilities or public services. So C application uh 6 A5 land suitability C attached soil conditions from the Hancock County soil survey 6 A5 C application 6 A6 lighting outdoors please provide lighting specifications. Um,

oh, on the next page it says at the very end NA. So I'm going to say net a 6 a7 storm water and I am looking for page eight page 8 NA 6 A7 N A um 6 A8 vegetation tree removal near town or state roads and slash Not applicable. 6 A8 not applicable. 6 A9 dust, fumes, and vapors. Uh not applicable. So for 6A general performance standards um section 6A1 6 A3 6 A4 and 6 A5 our C application or I should say but for um sections 6A1 6 A3 6A4 6A say five. Um the other standards are all not applicable. I move that we find that the provisions of 6A the relevant pro and applicable sections of 6A have been as a matter the findings of fact and conclusions of law are that those standards have been met. Second. All those in favor

I um 6B specific performance standards. Um 6B1 agriculture not applicable. 6B2 is reserved. It says air landing sites. And I Um, should I just leave that? Just try NA.

Okay, just a 6B7. Excavation other than gravel pits or filling. It says NA. 6B8 fences and walls. NA 6B16 sign regulations NA 6B 17.7.5 roof signs NA sign regulations. I'm just doing this. I can't see where they go. Go ahead.

Okay. Sign regulations. I got the right ones. All right. Um, wireless communications facilities 16B 18. It's a lot of paragraphs here. Page 14. Yep. And that's NA. Uh, 6B19 animal husbandry 2 in the village commercial and shoreline commercial districts. Chickens and odors. NA uh 6B20 mobile food vendors. NA 6B21 rooming house. looking and says NA Hotels and Motel NA and 6B 23 solar energy systems NA. So um this is just NA all across the board. I move that the findings of fact and conclusions of law are that the provisions of 6B are not applicable to this application.

Second. All those in favor? I 6C1 shorland zoning standards land use standards. 6C1 is has to do with agriculture and animal husbandry. All of it's not applicable. Oh, okay. Okay. You don't have to go through them all. All right. I I move that we find the provisions of the shorland zoning standards uh 6C as well as the provisions of 5.9 standards are not applicable to this application because this land is not within a shoreland zone. Second.

All those in favor?

I the motion certain conditions. So I like anything here. It's all right. Okay. All right. So, how do we how do we go with our next again?

Well, we approve that one. We have to approve it. Yeah, we have to ask. I'm not aware of any conditions. Is anyone else? Well, then we just act on the motion that we had previously to approve the application. All right. Um uh finding no no other things to slow us down. Um can we we just press the the button? There you go. Press plus press play again. Um uh so um all those in favor of approving the application

I I Okay. Right. So there's that component and then we need to discuss um this this plan that's in front of us. Go back to your B under section three and then section three uh 5.13 we've got section 2 we're here for the subdivision. Oh, I didn't have the subdivision. Well, you can look at this one if you want. Yeah. Okay. This one after approval.

Should I write read it out loud?

Plan revision after approval. 15.13.1. No changes, erasers, modifications or revisions shall be made in any final plat plat plan after approval has been given by the board and is is written and is written endorsement has been written endorse its written endorsement has been recorded on the plan unless the plan is first reubmitted and the board approves any modifications. In the event that the final plat plan is recorded without complying with this requirement, the same shall be considered null and void and the board shall institute proceedings to have the plat plans stricken from the records of the town and registry of deeds. Okay. 15.13.2 applicants for revision shall submit at least eight copies of any proposed revision. If the revision involves the creation of additional lots or units or extends the boundaries of the subdivision, a public hearing shall be required. Otherwise, the board shall determine if a public hearing is required. A section 6.3.

Yeah, that's it. Okay. We move that a public hearing is not required. Well, I think we should we should ask we should confir we should affirm that. this is not creating any additional lot. So units are extending the boundaries of the subdivision. We need to you confirm that that's the case. So the proposal is they'll be locatedating a rightway and that was approved in 2009

right the snowflake subdivision that currently goes across Mike Musetti's business lot but also lot number six of the subdivision. And so you guys got to determine with the relocation of that right away does that create new lots, create new dwelling units or change or go outside the boundaries of the subdivision, right? Which it doesn't is the is the glass property part of the original subdivision? So therefore then that roadway would be would be outside the boundary of the subdivision. No no the driveway it's going across lot six.

It's going across the side of Okay. All right. It's still his lot. Is just relocating it within lot six within hence that reason we had to go first for the condition of the buffer. Now they want to relocate it. And is that with what they're proposing, is that going outside the boundaries of the subdivision, creating new lots or creating new dwelling units?

So, I'm going to offer a motion. Okay. And we can then discuss it. I move that the that the proposal does not create additional lots or units or extend the boundaries of the subdivision and therefore a public hearing on this matter is not required. I wouldn't second that. All those in favor? I I That's it. That's it. And you sign the plan and he needs to go record it. Okay. in front of that

three. So, I'm gonna sign as the vice chair. You're the You're the chair. Oh, I'm being the chair. Can I You are the official chair.

You need more than you need. However many you want. It says eight, but we don't need that. Yeah.

So you want to go that way and then but I just I don't know what to write the correct thing to write. Oh, is he usually filling more than this?

I never are like when they do reconstruction stuff like that. say that the standards of 6A1, three, four, and five have been met and all is replicable. Yeah, you can you can record everything now. I don't except for service. Yeah, they won't take that if you fold it, right? I found that out the hard way. Crazy. They don't require myars anymore, though.

No, they don't. They haven't for quite a while. They only want one paper.

You can check with Kim about that to make sure she'll know.

If it was if you want to change your boundaries, this was like a kids gathering for holidays. Yes. How many is that? Quite a few. We have four grandchildren plus the four children. And yes, how many bedrooms do you have?

But Brad has a big house in Do we have that other thing here? This one across the street. Yeah. No, that's it's obviously our own house. I didn't finish scribbling on it, but kids said come uh January 3rd. Oh, they are. No, that's what they say. Come visit us. Come. Okay. Are we done this evening? We need to sign this thing. I haven't finished scribbling on it. Okay. I just need one. Thank you.

Thank you. The bureaucracy has been served. Um so uh is there any other um anything else to be any other business to be presented this evening at this meeting? There is a loser advisory committee meeting on Tuesday evening. If anybody is looking for entertainment and would like to come to this entertainment there is any okay having found none um would someone like to make I see you need to sign that one I'm going to I move to uh adjourn second that all in favor I see happy holidays