Mount Desert Planning Board Approves Seal Harbor Retaining Wall

[0:03] Speaker A (unidentified): All right, I'll [0:15] chair/presiding officer: call to order the town amount deserve planning board meeting for September 23rd, 2026. Welcome aboard. So. Here we are got a full board here tonight. I believe Meredith is online. Hi, Meredith out there and zoom world. Can we see Meredith? Maybe somewhere. She's out there somewhere. She's there. Yeah, let her in. All right. Well, I'll kick it off with introductions. I'm William Hanley. I'm the chair and we've got Meredith Randolph out there and Zoom World somewhere. somewhere we've got Daniel Burke and we've got Gracie Loftus Keller and we've got Ann Dalton and we've got Gail Marshall and Alan Kimmerly and the voting board tonight is Alan Gale myself Gracie and Ann there you go and second item on the agenda tonight is approval of minutes and we have minutes from september 9th time of approval second all those in favor all right into it item three conditional use approval applications and tonight we have item 3a and this is conditional use approval application Location, 1226, and this is the GST-exempt trust, FBOE Reed. Agent is Georgia Baldock, Pierce-Satwood. Location is 6 Whoville Way, Seal Harbor. Tax map, 31, lot 61-002. This is in the Village Residential 1 zone. Purpose is Section 6B8, Fences and Walls, Exceeding CEO's Authority. authority and Kim is this one actually on the agenda tonight they've they've come up with [2:32] Speaker C (unidentified): a design that does not meet the fence definition so therefore they are withdrawing or I shouldn't say they're withdrawing they're removing the solid fence that's currently in place and they're going to put up a type of screening which is 51 percent open so I don't know what the discrete remember how i mean it was all about being having privacy so she's putting in a screen but it's more open and she's going to plant more trees behind it so it's a lab it's not a fence anymore so it's not a fence and is it still as close to the road as it was it's going to be close to the road yes [3:17] Speaker A (unidentified): We urge them to move it back, but we can't require it. [3:22] Speaker C (unidentified): Why not? Because it's not a fence. It doesn't have regulations. [3:27] chair/presiding officer: So it's like an open lattice. [3:30] Speaker C (unidentified): Yeah. If you want to see it, 's like this, where it's a big chunk of it's open on the bottom. on these we had to calculate all the open all the open versus the solid and if it exceeds the opens exceed the solid it doesn't meet the definition of the fence so but they are removing the stocking that's assuming power and foreign fencing can get out there you know it's a priority and it's why i expect you know explaining them that has to be removed immediately it's been up [4:11] Speaker A (unidentified): since June. It's been long enough. They acknowledge that. Yep. Okay, well that kicks it out of our jurisdiction then. Yep, it does, right. So that's not on the table. It works all concerned and [4:35] chair/presiding officer: Meredith is back, and so [Speaker A (unidentified): Meredith is here.] So then that's it for Item ABA. Correct. I saw Ms. Whitehouse is online, and if she has any questions, I'd encourage her to get in touch with our code enforcement officer. I'll do that. [5:06] Speaker C (unidentified): I appreciate it. Yep. And then item C, the Burson application has been requested to go to the 14th meeting. There were items missing in their application that I asked that they submit, and they didn't feel they could get it in time for this meeting, so they've asked to have it tabled, not continued, but tabled for the 14th, because I have to re-advertise and send about those notices. So you don't need a motion from us for that? What's that? You don't need a motion from us for that. Oh no, this is going to be, it's going to go to the next three days. Okay, all [5:48] chair/presiding officer: righty then. I guess we only have one conditional use application tonight. There it is, and that would be conditional use approval application 3b, and that is number 15 2026, and owner's name is Bright Owl LLC, and agent is Rob Krieg from the Lark Studio Landscape Architecture. Location is 10 Steamboat Wharf Road, Seal Harbor, tax map 29, lot 10-001. Zone is shoreline residential 2 and village residential 2. Purposes section 6b8, fences and walls exceeding CEO authority, construct a seven foot eight inch retaining wall. We had a site visit at five, and was this advertised and a butter's notified? It was advertised on the third [6:46] Speaker D (unidentified): news in the non-desert islander on Thursday September 10th, and I went out to a butter's by letter of September 4th, 2026. Good number of people were notified. [7:10] chair/presiding officer: See, Anne, Tracy, myself, Gail, and Alan, were at the site visit, and Anne, would you like to tell us about your observations at the site visit? [7:22] Speaker E (unidentified): We observed in the area that will be the turnaround parking area, we've observed the retaining wall, concrete retaining wall in place, and retaining the vegetation that's been planted around it, and the sloped surface that was described by Rob as lay and difficult to put the second wall, and that's why they're here for approval of a retaining wall that is above the six foot mark. Any other [8:02] chair/presiding officer: observations? There's a nice poured concrete with a good footing underneath it. All right, well then I will turn it over to the agent Mr. Clean to elaborate on our observations. Thank you. My name [8:21] landscape architect, Studio in Bar Harbor: Broad Creek again, landscape architect of Studio in Bar Harbor, presenting Sanford in the White House Bridal LLC. I think Bill eloquently said what we're trying to do here. It's a seven foot eight inch high wall when it's finished with a granite cap and granite fenestration on the front of it, not the entire wall as you observe is seven foot eight inches. It's only a portion, the back portion that ties into the kitchen stair cheek wall and around the corner about 10 feet. And that's the part that's over six feet high. It does frame and hold back the grade so that we can access the garage and have a turnaround area that will be paved with cement concrete and granite pavers. So it'll be quite nice. The top of the slope will be all planted with shrubs and native ground covers and basically inaccessible. [9:17] chair/presiding officer: Right. Right. Well, I will open it up for any public comment, online or in person. Anybody out there? [9:37] Speaker A (unidentified): I'm in trouble. Yeah. Don't you please. [9:43] chair/presiding officer: Okay. I'm not hearing any public comment. I'm not seeing any hands up. Online or in person. We're sure no one's out there of the four participants online. All right, I'm going to close public comment. I think the 1st thing you need to do is let me ask if there's any conflict of interest on this 1. On here and then 2nd, what do you guys think about finding the application? I know if we find the application complete. Second, all those in favor aye. What do you guys think about we use short form to process the second step? All those in favor for the short form aye. And then remove approval of this application second step, then we press the pause button and we go through the review of the application. So Racy's got the short form here. You should have the application in front of us, trustee land use ordinances within reach [Speaker A (unidentified): you know let's] Do this. We are starting with section 6a general performance standards. Whistling at us. It's the LLC. Gesundheit, Merida. All right, so 681 is compatibility, and the applicant talks about the physical size, saying the proposed retaining walls will consist of cement concrete floor with stone veneer and a stone cap. Size and details are shown on the attached drawings visual impact the walls will be partially visible for the mouth of the driveway on steamboat wharf road they will not be visible from neighboring properties and then they talk about the proximity to other structures the wall connects to the new house which is currently under construction and is several hundred feet from any neighboring structures and the density of development is na so 6a1 compatibility see application 6a2 erosion and sedimentation control, the applicant references the attached drawings [12:41] Speaker A (unidentified): drawings. So see application. [12:47] chair/presiding officer: Highway safety 6A3, applicant says N-A. 6A4, impact on town services. N-A. 6A5, land suitability. Applicant says that the existing soils are a combination of marine clay and ledge. The presence of marine clay at the garage and parking necessitated a higher wall. The house is constructed on blasted ledge. The walls have been designed by a structural engineer. The grading and planting have not increased runoff or soil instability. So 685 is c application 6a6 lighting gliding outdoor. And says NA6A7 stormwater. And says sea attached. Stormwater plan in here showing how the water is being controlled on 2.0. We've seen that with the grading and the direction of all this yeah [Speaker A (unidentified): every] single drop of water has a corresponding blue arrow. So 6a7 is c application 6a8 vegetation applicant says n a It should say nine dust, fumes, vapors, odors, and gases. The applicant says N.A. So the findings of factor is presented by the applicant and the attached application and conclusion logs that the proposed use is in compliance with all standards of Section [14:59] Speaker A (unidentified): 6A for which they have been met. [15:02] chair/presiding officer: So moved. Second. All those in favor? Aye. Right, 6B, and so now we're looking at specific performance standards for activities and land uses, and this is why we're here. We're not here for 6B1, Agriculture, N.A., and 6B7, Excavation or Filling, N.A. We are here for 6B8, Fences and Walls. And the applicant says, at full standard met with planning board review and approval, see attached. We have attached drawings, we have an attached application, so I'm going to say C, application, unless there's any comments or questions on Section 6B-8, so C, application for 6B-8. Then we jump down to 6B16, sign regulations, NA, 6B18, wireless communication facilities, NA, 6B19, animal husbandry 2, NA, 6B20, mobile food vendors, NA, 6B21, rooming house, NA, 6B22, hotels and motels, NA, and 6b-23 solar arrays. So, the findings of fact that proposed use include none of the specific activities or land uses described in Section 6b except for Section 6b-8, fences and walls, and the conclusion was Section 6b is not applicable except for Section 6b-8 for which the standard has been met. Second, all those in favor. And then I would wager. Section 60 does not apply. [17:32] Speaker A (unidentified): Yeah, it is, but it's. [17:36] Speaker C (unidentified): Walls outside of it. [17:45] chair/presiding officer: They're just, there's a small portion of shoreline residential too. [17:49] Speaker A (unidentified): To right half the lot that's small ish, okay. [18:05] chair/presiding officer: So we are doing sections, we've discussed this. [18:09] Speaker A (unidentified): We have Shoreline zoning review of an entire lot even with effective portion is that's actually And. [18:26] chair/presiding officer: This duplicates a lot of what we've already touched upon, but here we go. So, section 60, show and zoning standards for new view. 61 agriculture and animal husbandry and a. [18:43] Speaker A (unidentified): They've marked it. I'm a way to like it. [18:52] Speaker C (unidentified): Marked also applicable standard, Matt. [18:54] Speaker A (unidentified): That yeah instead of na yeah i think that we're just gonna you want to change that one. [19:01] Speaker C (unidentified): I thought i said they were all not applicable. [19:08] Speaker A (unidentified): We're not breeding animals on the property. [19:15] Speaker C (unidentified): So what you can do ideally is just ideally the original application here up here yeah. [19:21] Speaker A (unidentified): Yeah. Mark. Do you have a pen? [19:25] Speaker C (unidentified): Yep. That all is going to be N-A. [Speaker D (unidentified): Triple N-A.] Did you do an archeological site thing for the? [19:32] Speaker D (unidentified): I can line that and then initial it. [19:34] Speaker C (unidentified): Yeah. So that's only within the 2350. Within the shoreline? Yeah. Probably. [19:39] chair/presiding officer: Probably every site. Probably all of it. Yeah, probably all of it. All of it. [19:43] Speaker C (unidentified): Yeah, all of it's going to be N-A, Rob. [19:47] chair/presiding officer: So, 62 archeological sites is N. A. [19:52] Speaker C (unidentified): She said, because it's outside, but just Yeah, [19:58] Speaker A (unidentified): Whatever the people decide. [20:03] Speaker C (unidentified): All of all of six parking areas i mean you're in the proper service to be able to see sticks creating a parking area i don't know 66 what's the parking areas yeah see this i click size. [20:22] chair/presiding officer: Yeah i mean you're not proposing a parking area you're proposing maintaining. [20:28] Speaker A (unidentified): Are you guys conferring or is this your decision? Yes. [20:35] chair/presiding officer: So 61 was NA agriculture and animal husbandry, 62 was archeological sites was NA, 65 essential services is N.A. 66 parking areas is N. [20:56] Speaker A (unidentified): A. What was that, N.A. 65? They're all N.A.s. [21:07] Speaker C (unidentified): But unfortunately, because of some of the [21:09] chair/presiding officer: So, 67 marine and freshwater structure standards is N.A. [21:14] Speaker A (unidentified): You're not Digital clean areas, 66, correct? N.A. Yes. It's not. [21:19] chair/presiding officer: I'm getting very confused. 6c6 parking areas is na they're not proposing a parking area they're proposing a retaining wall 67 marine and freshwater structure standards it's a retaining wall i'm out of pier 69 roads and driveways again and it's a retaining wall na and 6c 11 water quality is also so the findings of factor the proposed use will include none of the specific activities or land uses described in section 6 C and the conclusion of law section 6 C is not applicable doesn't all those in favor aye and because we're in the shoreline zone we get to do section 5 9 and 5 9 standards will maintain safe and healthful conditions they say see application 5 9 2 would not result in water pollution erosion or sedimentation of surface waters see application. 593 will adequately provide for disposable disposal of all waste water. 593 and they say they say sea application. 594 will not have an adverse impact on spawning grounds fish aquatic life bird or other wildlife habitat see application 595 will conserve shore cover and visual as well as actual points of access to inland and coastal waters and see application one [23:44] Speaker C (unidentified): of these might I mean some of them are stretched to safety application some of [23:48] Speaker A (unidentified): them might simply not be see application like that one I would agree with that so [23:54] Speaker C (unidentified): So that should be, 595 should be corrected to be NA. I don't know, maybe some of the others too. [24:00] chair/presiding officer: We'll protect archeological and historic resources as designated in the comp plan. So I think that should be NA because it was NA previously. 597 will not adversely affect existing commercial fishing and maritime activities in Shoreline Commercial District. You're not in the Shoreline Commercial District. So, I would say, and a 5, 9, 8 will avoid problems associated with the floodplain development. You're not in the floodplain. And a, and 5, 9, is in conformance with the provisions of section 6, a B and 6 C. For which the standard hasn't been in that. So we. five six five nine six five nine seven and five nine eight should be changed in the application [24:56] Speaker A (unidentified): to n a let's write up here i have five nine one through five nine five and c application did you [25:04] Speaker C (unidentified): want to change any of those two well it'd be to five nine four to start with seven but i wonder if [25:11] Speaker D (unidentified): Just start off with six. I wonder if seven and eight should make seven. [25:16] Speaker C (unidentified): Spawning grounds, they're disgusting, that sort of thing. Why don't you think, I wonder what is other wildlife habitat, but I don't, why [25:28] Speaker A (unidentified): don't we believe that? Since it says do an NA for that too. [25:31] chair/presiding officer: Okay, what says other wildlife habitat? I know, I know. All right, so the findings of fact are see, above, and the conclusion was all requirements for section 5, 9. [25:45] Speaker A (unidentified): Have been met. 2nd. [25:50] chair/presiding officer: All those in favor, aye. There are permit conditions. [25:56] Speaker C (unidentified): You need a building permit. No, [26:03] Speaker A (unidentified): that's not really a condition. [26:07] Speaker C (unidentified): Condition, don't want that as a permanent condition. We [26:16] chair/presiding officer: go back and press play on the. Motion to approve, all those in favor of approving the application. [26:27] Speaker C (unidentified): Congratulations. The bureaucracy has been served. You [26:58] chair/presiding officer: want any or any of your paper back? [27:01] Speaker A (unidentified): Add, oh, okay, so yeah. [27:11] chair/presiding officer: William party for the next meeting. Oh, I love it. We all need name times. [27:22] Speaker C (unidentified): Thanks everyone, thank you. [27:24] Speaker A (unidentified): Thank you, we're cleaning out our attic. [27:32] chair/presiding officer: Right, is there item four tonight? Is there any other? [27:38] Speaker C (unidentified): I want to talk about the next meeting agenda, do it so far. What I have, I have a subdivision application amendment which will take one meeting, putting two new ordinances, and then I have five conditional use applications. Wow. So you've got a busy night. Bill, maybe you and I should maybe talk about this agenda and maybe bump someone's or applications to the next meeting. I don't know why. But we have a person coming back. We have the town of Mount Desert coming. Main, Brian Henkel, for the work that's being done on Jordan Bond Road. They'll be doing the sewer mains and the manholes and replacing them, but they'll also be locating them within the roadway and right-of-ways. They're going down on Acadia National Park property, so that has to come before the board. If it was just a strict replacement, you know, it's a different location, different size piping, and different materials. So it has to come to you guys. We got Grayline LLC, which is Gray and Gray, who wants to establish a construction business and storage of construction equipment and heavy vehicles on a property they have in Home Quarry. We have Dr. Grace coming for a portion of a peer replacement that I had sent to the town attorney I had asked you guys a while ago whether this needs to come before you but because they're replacing they're only replacing a portion of it 's a 50-foot section and there was a crib pier that was underneath it now they're putting pilings because of the pilings and the change of the material on the section that they're replacing it has to come before you guys i thought it could maybe be an amendment because this was replaced back in 95, but the town attorney said it cannot. So that's where is this? So where is this? It's on the point by Bartlett's in Barnacles Way, kind of just down from the Northeast. They are okay, they're sailing here on that point, and then the Northeast Harvard Tennis Club is coming too. They are not only just doing their tennis courts, they're also tearing down portions of the building and doing stuff there. So yeah, that's a big one. It's gonna be a long night, make a lot of applications. We'll confer about the agenda. Yeah, what's the date of that one? [30:33] Speaker A (unidentified): What's up, 14th of October? Okay, wow, okay. We order out Asia for that meeting. That's, we have a food budget, and these are what I know that's coming. Tomorrow's the deadline date [30:57] Speaker D (unidentified): applications, so okay, so we can. I just don't know, that just sounds like we may have considered [31:03] Speaker C (unidentified): breaking up, and I'm getting my statement. Well, I mean, you're gonna be done, it should be, it should be good. I mean, like I say, Bill and I should talk about it, because you guys don't want to be, excuse me here, past nine typically, and I know one of them is going to be very contentious. [31:21] Speaker A (unidentified): Just the pure help. If we came a half hour early and we can't change our time. [31:35] Speaker E (unidentified): So let's love site visits. [31:37] Speaker C (unidentified): I'm sure, and I got to do them earlier now because it's getting harder. Yeah. Yes, that too is going to play a part on, you know, your business site visits. [31:50] chair/presiding officer: The butters are wild. [31:53] Speaker D (unidentified): Leave my desk at noon. [31:58] Speaker C (unidentified): So it sounds like that one and maybe the tennis club with the two longest [32:02] Speaker A (unidentified): potential, we don't know, but what's the tennis? Well, I can, if once we go offline, I can maybe [32:09] Speaker C (unidentified): explain a little more. Okay, yeah, so yes, we think you should massage the agenda. Well, yeah, because Bill has to ideally really be the one to build it. I've always done it, but yep, okay, any other after that? I'm [32:30] chair/presiding officer: gonna say no. All right, well then our favorite item on that agenda, motion to adjourn. Oh yes, second, all those in favor, good to see you Meredith.