Town of Mount Desert Planning Board Approved
Minutes of July 14, 2003 7/28/03
Board Members Present Public Present
James Clunan, Vice Chairman Tony Smith Alex Kimball
Samuel M. Fox III Steve Lullmann Greg Johnston
Joseph Tracy Alan Gregory Jennifer Carter
Robert Coolidge, alt Stockton Smith Mr. & Mrs. Ferguson Peters
Stephen Zirnkilton, alt Daniel Kimball Dorothy Clunan
Brent Hamor, CEO; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m. by Vice Chairman Clunan.
II. The draft minutes from the June 23, 2003 meeting were unanimously approved as circulated.
III. Public Hearings 6:05 p.m.
Conditional Use Permits
A. NAME: Stockton N. Smith – tabled from June 23, 2003
LOCATION: 1 Smith Place
TAX MAP: 24 LOT: 123 ZONE: Village Commercial
PURPOSE: to erect an eight foot stockade fence
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The members present are the voting members for this hearing.
Site Inspection reported by Mr. Tracy, also attended by Dr. Fox and CEO. Observed 8 ft solid stockade fence enclosing a green area. Mr. Coolidge asked about a plan and Mr. Tracy stated that a plan is a requirement of the application. Mr. Stockton Smith provided a plan.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Tracy/Fox).
Vice Chairman Clunan inquired about obstruction of the view and Mr. Smith replied that his neighbor requested that he put up the fence and only a very small portion of the fence is visible from the road. Dr. Fox expressed his personal opinion that 8 ft fences are not neighborly; however, he acknowledged that the current LUZO does not provide criteria to act in the negative.
The Standards of Section 6. of the LUZO, as amended March 4, 2003, were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
B. NAME: Town of Mount Desert
LOCATION: 307 Sargeant Drive, Northeast Harbor
TAX MAP: 8 LOT: 19 ZONE: R2
PURPOSE: to set a 40 ft x 8 ft storage trailer behind the east side of the highway garage
SITE INSPECTION: 5:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The members present are the voting members for this hearing.
Site Inspection reported by Dr. Fox. They observed proposed location of the trailer. An abutter noted that the orange marker could be seen from her residence; however there is abundant foliage and the view is limited. Dr. Fox would like to hear from Mr. Smith about the level of use. Mr. Coolidge asked that a plan be provided. Mr. Smith explained that use would be limited and the type of items would be varied (small motor equipment, paint, trash barrels, etc.); there will be neither power in it nor any work done it. Noise from loading and unloading will be at a minimum. A plan showing the location of the trailer on the lot will be provided, as required by the Conditional Use Permit application.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Tracy).
The Standards of Section 6. of the LUZO, as amended March 4, 2003 were reviewed and found to be in conformance, as noted on the application.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY 5-0.
C. NAME: Town of Mount Desert
LOCATION: 18 Sinclair Rd, Northeast Harbor
TAX MAP: 27 LOTS: 28 & 34 ZONE: VR1
PURPOSE: to set a 40 ft x 8 ft storage trailer
SITE INSPECTION: 5:20 p.m.
Withdrawn at the request of the applicant.
Subdivision Application
D. OWNER – The Kimball Farm, LLC
SUBDIVSION NAME – Kimball Farm
APPLICANT/Representative – ces, inc.
Map 24 Lot 126, Village Residential 2 Zone
Huntington Street, Northeast Harbor
A seven (7) lot subdivision with six (6) lots, approximately 20,000 sq. ft. each, being developed and the remaining parcel of 6.50± acres remaining undeveloped.
SITE INSPECTION: 5:40 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The members present are the voting members for this hearing.
Site Inspection reported by Vice Chairman Clunan. He described the location and lay of the land.
Mr. Greg Johnston, CES, Inc. presented the Board with the two items requested from the Completeness Review: restrictive Covenants for the lots and Fire Chief approval of road turn around design. He provided a plan for the public to observe and noted that the final plat plan will be submitted after approval of the application. Construction is planned for fall 2003.
Board discussed the submission of the final plat plan and how it corresponds with approval of the application. There will be some lot line changes due to placement of utility lines. Board decided to proceed with the review of the application against the standards of Section 5 of the Subdivision Ordinance and Section 6 of the Land Use Zoning Ordinance.
Vice Chairman Clunan read two letters from people who could not attend the meeting. The first was from Greg Coleman and asked if the remaining land will be developed. The company developing the lots does not own the remaining land therefore cannot comment on the development (or lack of). The second letter from resident/business owner Nicene Pascal expressed his concerns about “developments that are out of reach for many and attainable only for the affluent” and that the six new houses would only be occupied for a few months of the year. Mr. Johnston noted that the houses as planned are being built as year round homes.
The Standards of Section 6. of the LUZO and Section 5 of the Subdivision Ordinance as amended March 4, 2003 were reviewed and found to be in conformance, as noted below.
Subdivision Ordinance, Section 5:
5. GENERAL REQUIREMENTS
5.1 Buffer Strip.
Buffers shall be considered in or for the following areas and purposes among others:
1. Along property lines, to shield various uses from each other;
2. Along interior roads running parallel to roads exterior to the site, to prevent confusion, particularly at night;
3. Outside storage
4. To block prevailing wind patterns and to stop wind_borne debris from leaving the site.
Driveway accesses shall be designed so as to minimize the visual interruption of the buffer areas.
Existing tree line will remain; houses will not be seen from the roads. 60 ft wooded buffer between lots and wetlands. There will be roadside planting of vegetative swales. There will be no utility poles, power will be underground. Transformers will be in the right-of-way and not visible to the public.
5.2 Conformance with other Laws, Regulations
Conforms
5.3 Construction Prohibited
Plans for road construction, grading and ditching shall be reviewed by the Board.
No evidence of any construction at site inspection.
5.4 Ditches, Catch
Any culverts shall be at least 15" in diameter. Adequate drainage shall be provided so as to reduce the danger of flooding and erosion.
Conforms – see application.
5.5 Easements The Board may require easements for sewerage, drainage, utilities, or public access.
Letter from Town of Mount Desert Fire Chief suffices.
5.6 Dedication for Year_round housing
Reserved
No provision in the ordinance.
5.7 Lots and Density
5.7.1 The lot size, width, depth, frontage, shape and orientation and the minimum setback lines shall be in accordance with the Land Use Zoning Ordinance.
Conforms.
5.7.2 Where individual, on_site sewage disposal systems are to be utilized, the size of each lot shall be based on soil characteristics, and shall, as a minimum, conform to M.R.S.A. Title 12, Section 4807_ A as amended.
Not applicable.
5.7.3 The Planning Board shall determine if a division of land will be reviewed as a PUD or conventional subdivision.
Conventional subdivision.
In order to conform to Section V of the Comprehensive Plan, special consideration shall be given to the preservation of open space and the character of the community in which the development is proposed.
1. Land Subdivisions:
Density requirements shall be in accordance with Land Use Zoning Ordinance, Section 3.5. Dimensional requirements remain as stated in the Land Use Zoning Ordinance, Section 3.6. Conforms.
2. Non_land subdivisions (multiple units within a single structure): Overall net density shall not exceed two dwelling units per minimum lot size in the district. Does not apply.
3. Overall net density shall be determined by the total number of proposed dwelling units and the total acreage (including open spaces and recreational areas) within the subdivision. In compliance.
5.8 Sewage Disposal
5.8.1 Where any part of a proposed subdivision is located within 1500 feet of a public sanitary sewer line, the subdivider shall connect with such sanitary sewer line by means of a main not less than 8 inches in diameter, provided however, that the appropriate municipal agencies shall first have certified that extending the services will not be an excessive burden on the system.
Complies, refer to letter from Town of Mount Desert Public Works Director Tony Smith.
5.8.2 Where private subsurface sewage disposal is to be utilized, the subdivider must conform to all State of Maine Plumbing Code and LUZO requirements. Furthermore:
1. Disposal sites shall be totally contained within the lot being serviced.
2. Systems shall be designed to the highest standards for the specified use.
3. There shall be no contamination of existing or proposed wells, or any other water source.
Not applicable.
5.9 Land not Suitable for Development The Board shall not approve such portions of any proposed subdivision that are located on land below sea level, within the 100 year frequency flood plain, or on land which must be filled or drained or on land created by diverting a water course. In no instance shall the Board approve any part of a subdivision located on filled tidal land or filled or drained Great Ponds.
See Exhibit 9 of application.
5.10 Open Space Provisions
5.10.1 The Board may require that a proposed subdivision design include a landscape plan that will show the preservation of existing trees (10" or more in diameter), the replacement of trees and vegetation, graded contours, streams, and the preservation of scenic, historic, or environmentally desirable areas. The street and lot layout shall be adapted to the topography. Extensive grading and filling shall be avoided.
In compliance.
5.10.2 The Board may require that the subdivider reserve an area of land as an open space and/or recreational area for use by property owners in the subdivision.
1. The property owners may enter into a written agreement with the Selectmen for development and/or maintenance of the reserved land, but all costs of development and maintenance shall be borne by the property owners of the subdivision. The method for apportioning the cost as between individual property owners shall be subject to approval of the Town Selectmen.
2. The obligation to provide for the cost of development and/or maintenance of the reserved open space shall be included in the conveyance of each parcel of the subdivision to its rightful owner.
Not required by the Board.
5.11 Wells
5.11.1 Because they are difficult to maintain in a sanitary condition, dug wells may be permitted only if it is not technically feasible to develop other ground water sources.
5.11.2 The applicant may be required to show the availability of adequate potable water. A test well may be required, if a public water system is not utilized.
Not applicable; town water.
5.12 Performance Bond
5.12.1 The Board may require that the subdivider file with the Board at the time of submission of the Final Plan a performance guarantee in an amount sufficient to defray all expenses of the proposed improvements.
5.12.2 The Board may recommend a maximum extension of 12 months to the guaranteed performance period when the subdivider can demonstrate, to the satisfaction of the Board and the municipal officers, good cause for such extension. Such recommendation shall be referred to the municipal officers for official action.
5.12.3 Before a subdivider may be released from any obligation requiring his guarantee of performance, the Board will require certification from the appropriate municipal officers to the effect that all improvements have been satisfactorily completed in accordance with all applicable standards (State, Federal, and local codes, Ordinances, laws, and regulations).
5.12.4 The Board may, at its discretion, waive the requirement of a performance bond and recommend a properly executed conditional agreement with the Town.
Motion made and seconded (Tracy/Coolidge) to waive the Performance Bond because one of the developers is a long term resident, there will be minimal disruption, and not all the land is being developed. A vote was called and the motion carried unanimously 5-0.
5.14 Street Design and Construction
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:
Street Construction Standards:
Minimum Right of Way Width 50 ft
Minimum pavement Width 18 ft
Minimum Grade .5%
Maximum Grade* 10%
Minimum Centerline Radius 150 ft
Minimum Tangent between Curves of reverse alignment 50 ft
Roadway Crown 1/4 in/ft
Minimum Angle of street intersection** (degrees) 75
Maximum Grade within 75 ft of intersection 2%
Minimum curb radii at intersections 15 ft
Minimum R/O/W radii at intersections 10 ft
Minimum width of shoulders (each side) 3 ft
Minimum thickness of material after compaction 18 in
Street Materials:
Aggregate Sub_base Course (Max. Sized Stone 4 in
Crushed Aggregate Base Course 3 in
Hot Bituminous Pavement _ Total Thickness 2 in
_ Surface Course 1 in
_ Base Course 1 in
* 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.
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
Where the cul_de_sac is in a wooded area prior to development, a stand of trees shall be maintained within the center of the cul_de_sac. The Board may require the reservation of a twenty foot easement in line with the street to provide continuation of pedestrian traffic or utilities to the next street. The Board may also require the reservation of a fifty_foot easement in line with the street to provide continuation of the road where future subdivision is possible.
5.14.4 The approval by the Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the Town of Mount Desert of any street, road, or right_of_way.
All road standards are either met or exceeded as shown on page 10 of the detail sheets of the application.
5.15 Access to Direct Sunlight.
Not applicable.
Land Use Zoning Ordinance, Section 6:
6.1 EXPERT TESTIMONY The Board finds the application is in compliance; expert testimony provided by Greg Johnston, CES, Inc; Chris Farley, Fire Chief; and Tony Smith Public Works Director.
6.2 LAND SUITABILITY The Board finds the application is in compliance.
6.3 SANITARY STANDARDS The Board finds the application is in compliance.
TOWN SEWER? Yes, not an undue burden.
SEPTIC? Not applicable.
EXISTING SYSTEM? Not applicable.
PERMITS REQUIRED? In compliance.
COMMERCIAL USE? Not applicable.
6.4 EROSION CONTROL The Board finds the plan for erosion control is in compliance: maintained with silt fence and hay bales, swales; after construction mulch and hay will be used.
6.5 VEGETATION The Board finds the application is in compliance.
SHORELAND ZONE? N/A
TIMBER HARVESTING? N/A
6.6 COMPATIBILITY The Board finds the plan is consistent with existing development in the area.
6.7 IMPACT ON TOWN SERVICES The Board finds the development will not unduly burden Town services; refer to letters from Public Works Director and Fire Chief.
6.8 HIGHWAY SAFETY The Board finds the development will not impose congestion; there is sufficient off street parking.
6.9 PRESERVING TOWN’S CHARACTER The Board finds the application to be in compliance.
6.10 NUISANCES The Board finds there are none.
MOTION MADE AND SECONDED (Coolidge/Tracy) TO GRANT APPROVAL OF THE SUBDIVISION APPLICATION WITH THE CONDITION THAT A SATISFACTORY FINAL PLAT PLAN WILL BE RECEIVED WITHIN 6 MONTHS OF THE COMPLETENESS REVIEW DATE. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOULSY 5-0.
IV. Unfinished Business
A. Division of lots within a subdivision after 5 years, discussion
Code Enforcement Officer Hamor explained that this item has to do with the unresolved issue of John Romano’s request in February 2003 to divide Tax Map 12 Lot 13-13, 49 Woods Road, Mount Desert into two lots. Discussion included references to opinions provided by Legal Services of Maine Municipal Association.
MOTION MADE, SECONDED (Tracy/Clunan), AND UNANIMOUSLY CARRIED (5-0) TO CONSIDER THE DIVISION OF JOHN ROMANO’S LOT 13-13 TAX MAP 12 TO NOT BE A SUBDIVSION.
V. New Business
A. Woodglen Group/Stephen H. Lullmann, agent
MAP 25 LOT 78 Amendment to Conditional Use Permit #26-02
Additional roof top structure and height requests
Mr. Tracy asked about elevations and distances between the roof top structures. Mr. Lullmann provided additional plans. The request for additional roof top structures stem from: 1) the addition of a spiral staircase, and its housing, from the roof top to the third floor, resulting in an additional 3 feet (or an 8 foot waiver) to the overall height of the building; 2) an increase in the height of the elevator housing by 3 feet (to a total waiver of 8 feet); and 3) the addition of a skylight with a proposed overall height from the current roof material to the peak of 6 feet 6 inches. The proposed decorative open trellis of approximately 8 ft x 11 ft was withdrawn.
The Standards of Section 6. of the LUZO, as amended March 4, 2003 were reviewed and found to be in conformance, as noted on the CUP form.
MOTION MADE, SECONDED (Tracy/Clunan), AND UNANIMOUSLY CARRIED (5-0) TO APPROVE THE AMENDMENT TO CUP #26-02 AS DESCRIBED ABOVE.
B. Somes Sound View Inc/Story Litchfield, agent
MAP 8 LOT 148 Subdivision sketch plan review
Withdrawn by request of agent.
Mr. Tracy noted this is the Somes Sound View campground property in Hall Quarry and it is likely that the Board will be presented with a subdivision request at some point. The soil testing could be an issue. Different soil scientists can find different results, especially with monetary pressure. In the event of a subdivision request, he suggested that an independent soil scientist be hired at the applicant’s expense (as a second opinion).
C. Otter Creek Sewer Plant
CEO Hamor and Public Works Director Smith asked if a CUP would be needed for the new building at the plant site, a new force main (buried), and building construction at the Seal Harbor Plant site. All State and Federal permits will be obtained. Board referred to LUZO Section 3.5/Municipal Activities which indicates that a permit would be needed for all zones (except Resource Protection which excludes permits). It was noted that past practice has been to not require permits for municipal day to day operations. Discussion resulted in two requests: 1) ORC work on a definition for Municipal Activity, and 2) CEO ask MMA Legal Services for an opinion as to whether or not the Town needs a CUP for the work described above.
VI. Meeting adjourned at 8:00 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, July 28, 2003 in the Meeting Room, Town Hall, Northeast Harbor.
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