Town of Mount Desert Planning Board APPROVED
Minutes of January 6, 2003 01-13-2003
Board Members Present
Marc Sevigny, Chairman
Heather Jones, Secretary
Samuel Fox III
Joseph Tracy
Robert Coolidge, alt
Brent Hamor, CEO; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. Public Hearing regarding proposed changes to the Land Use Zoning Ordinance and the Subdivision Ordinance for the 2003 Warrant.
Chairman Sevigny asked Robert Coolidge to lead the discussion since he has been the Planning Board’s liaison to the Ordinance Review Committee (ORC).
Mr. Coolidge suggested reviewing the non-substantial changes first:
Land Use Zoning Ordinance
Table of contents and index page numbers
3.4.13 Fresh Water Related Structures
Subdivision
2.3.2 All expenses in excess of the fee set forth in Section 2.2.4.1 2.3.1
3.5 Functional Land Division
.... a Afunctional land division... previously exited existed is not a subdivision.
4.2
...sections 4.2.1, 4.2.2, and 4.2.3, and 4.2.4 below....
4.4.1
... 4.2.1, 4.2.2, and 4.2.3, and 4.2.4 ....
7.1
... set forth in Section 4.2.2 4.2.1....
MOTION MADE AND SECONDED (Coolidge/Fox) TO ACCEPT THE PROPOSED CHANGES, AS STATED ABOVE, AS NON-SUBSTANTAL, TO REOCOMMEND THE CHANGES AS AN ARTICLE FOR THE 2003 WARRANT, AND TO RECOMMEND PASSAGE OF SAID CHANGES. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Mr. Coolidge then referred to the draft Warrant Articles as shown. ORC has already presented these draft articles to the Warrant Committee.
Chairman Sevigny led the review of each proposed change. For each section, Board Members and the public were asked to comment.
LAND USE ZONING ORDINANCE
Section 2.3 Each subdivision requires approval by the Planning Board in accordance with provisions of this ordinance, the Subdivision Ordinance and the Comprehensive Plan. Any lot exempt by State law from Subdivision Ordinance review, must be reviewed by the Code Enforcement Officer prior to executing any conveyance of property rights. Functional land divisions of lots are allowed provided the lots are as conforming as possible, reviewed, and approved by the Code Enforcement Officer Planning Board.
Section 4.10 Functional land divisions of lots are allowed provided the lots are as conforming as possible, reviewed, and approved by the Code Enforcement Officer Planning Board. The Code Enforcement Officer Planning Board will determine whether each division is a distinct, separate, and historical residential use.
MOTION MADE AND SECONDED (FOX/JONES) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 3.4.8 Home occupations and home offices (except those of a temporary or casual nature) shall require Conditional Use Permits a permit from the Planning Board Code Enforcement Officer to insure compliance with the following standards:…..
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 8.3 Signs Permitted: Temporary Signs:
1. Signs of a temporary, non commercial, nature, such as political posters, advertisements of charitable functions, notices of meetings, and other signs of a similar nature, are permitted for a period not to exceed thirty (30) days (except banners) and shall be removed by the party erecting the sign.
MOTION MADE AND SECONDED (FOX/JONES) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 8.3.3 No A real estate sign over up to nine (9) square feet in area (attached to a building or free standing) may be erected advertising the sale, lease, or rental of the premises upon which the sign is located. All signs shall be removed by the owner or agent when the property is sold or leased.
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Add Section 8.3.5 One sign up to nine (9) square feet in area identifying a current construction project may be erected.
Chairman Sevigny expressed concerns that without a specific time limit, contractor signs could remain indefinitely. Enforcement was discussed. Some agreed that for residential projects, the issuance of a Certificate of Occupancy could denote the end of the project.
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 8.5.1 No sign shall project over a public right-of-way, but this restriction does not apply to signs over sidewalks, except for those permitted under Section 8.4. Signs erected after March 1, 1992 shall provide a minimum of ten (10) feet six (6) inches clearance over sidewalks and a minimum of fourteen (14) feet clearance over roads and rights-of-way.
MOTION MADE AND SECONDED (JONES/FOX) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
SUBDIVISION ORDINANCE
Section 4.4 Board Action on the Application Completeness Review
MOTION MADE AND SECONDED (FOX/JONES) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 4.5.1 The Board shall hold a public hearing within 30 45 days of having received a complete subdivision application, and shall cause……
MOTION MADE AND SECONDED (FOX/JONES) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 4.6.1 Within 6 months of the date of Board action on the application Completeness Review as set forth in Section 4.4 above, the subdivider shall submit the Final Plat Plan to the Board. Failure to submit the final Plat plan within the designated time period shall require the submission of a new subdivision application, unless such delay is caused by the applicant complying with Section 5.2.
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 4.5.2.1 The Applicant shall submit evidence to the Board to show compliance with:
a. Section 5 of this Ordinance
b. Appendix A of this Ordinance
c.b. Section 6 of the LUZO
d.c. Such other regulations and ordinances referred to in Section 5.2 of this Ordinance as the Board may require.
APPENDIX A (SUBDIVISION GUIDELINES)*
When promulgating any subdivision regulations and when reviewing any subdivision for approval, the Board shall consider the following criteria and before granting approval shall determine that the proposed subdivision:
A. Will not result in undue water or air pollution. In making this determination it shall at least consider the elevation of land above sea level and its relation to the floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal; the scope of the land and its effect on effluents; the availability of streams for disposal of effluents; and the applicable state and local health and water resources regulations;
B. Has sufficient water available for the reasonably foreseeable needs of the subdivision;
C. Will not cause an unreasonable burden on an existing water supply, if one is to be utilized;
D. Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result;
E. Will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed;
F. Will provide for adequate sewage waste disposal;
G. Will not cause an unreasonable burden on the ability of the Town to dispose of solid waste and sewage if municipal services are to be utilized;
H. Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare and irreplaceable area;
I. Is in conformance with this subdivision Ordinance, Comprehensive Plan, and Land Use Zoning Ordinance. In making this determination, the Planning Board is authorized to interpret these ordinances and plans.
J. The subdivider has adequate financial and technical capacity to meet the above stated standards.
K. Whenever situated in whole or in part within 250 feet of any pond, lake, river or tidal waters, will not adversely affect the quality of such body or water or unreasonably affect the shoreline of such body of water.
L. Will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water.
M. The subdivider will determine, based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Maps, whether the subdivision is in a flood_prone area. If the subdivision, or any part of it, is in such an area the subdivider will determine the 100_year flood elevation
and flood hazard boundaries within the subdivision. The proposed subdivision plan shall include a condition of plat approval requiring that principal structures on lots in the subdivision shall be constructed with their lowest floor, including the basement, at least one foot above the 100_year flood elevation.
N. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of these wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil and water conservation district.
O. Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application.
P. The proposed subdivision will provide for adequate storm water management.
Q. Spaghetti_lots prohibited.
*Maine Revised Statutes Annotated, Title 30_A, Section 4403 of May 4, 1989 and as subsequently amended.
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Add Section 4.2.3.14 The Subdivider will determine, based on the Federal Emergency Management Agency’s Flood Boundary and Floodway Maps, whether the subdivision is in a flood prone area. If the subdivision, or any part of it , is in such an area the subdivider will determine the 100-year flood elevation and flood hazard boundaries within the subdivision.
MOTION MADE AND SECONDED (COOLIDGE/FOX) TO CHANGE SECTION 4.2.3.14 TO 4.2.3.15 AS THE ORDINANCE NOW STANDS. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
MOTION MADE AND SECONDED (COOLIDGE/JONES)TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 5.2 Conformance with other Laws, Regulations …under the provisions of the Site Location Act.
The approval of the State Department of Environmental Protection shall be secured in writing prior to submission of the Final Plat Plan.
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 5.3 Construction prohibited No utility installations, no ditching, grading or construction of roads, no grading of land or lots, and no construction of buildings shall be commenced on any part of the proposed subdivision until a Final Plat Plan of the subdivision has been prepared, submitted, reviewed, approved, and endorsed as provided by this Ordinance, nor until an attested copy of the Final Plat Plan so approved and endorsed has been recorded by the subdivider in the Registry of Deeds. Plans for road construction, grading and ditching shall be reviewed by the Board.
Construction of improvements necessary to ensure compliance with requirements of the Subdivision Ordinance may be permitted upon written approval of the Planning Board
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 5.11.2 The applicant must may be required to show the availability of adequate potable water a rate of at least 1 GPM per lot. At least one A test well shall may be required, if a public water system is not used.
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 5.14.1 Widths of rights_of way for road construction shall be not less than fifty (50) feet. The design and construction of all streets and roads shall be in accordance with the State Aid Road Specifications of the State of Maine Department of Transportation. Where an access road from a public road or highway is required to serve 3 or more lots, said access road shall be in accordance with the standards given below:
* Maximum grade may be exceeded for a length of 100 feet or less, upon approval of the Planning Board
** Street intersection angles shall be as close to 90 degrees as feasible but no less than the listed angle.
It was noted that at its last meeting ORC agreed that “Hot Bituminous Pavement Total Thickness 2 in, Surface Course 1 in, and base Course 1 in” should remain in the Ordinance. Since this would be a substantive change, Planning Board decided not to include this change as a Warrant Article.
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION FAILED BY UNANIMOUS VOTE.
Section 5.14.2 The centerline of the roadway shall be the centerline of the right of way.
MOTION MADE AND SECONDED (FOX/COOLIDGE) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
Section 5.14.3 Dead End Streets In addition to the design standards above, dead end streets shall be constructed to provide cul-de-sac turn-around with the following minimum requirements for radii:
Property line 65 ft
Outer edge of pavement 50 ft
Inner edge of pavement 30 ft
MOTION MADE AND SECONDED (FOX/JONES) TO RECOMMEND THE PROPOSED CHANGES AS SHOWN ABOVE AS AN ARTICLE FOR THE 2003 WARRANT AND TO RECOMMEND PASSAGE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY.
VI. Meeting adjourned at 6:36 p.m.
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