Mount Desert Planning Board Meeting Minutes- Workshop
February 2, 2012
Town Hall Meeting Room, Northeast Harbor
Public Present
Brian Reilly
Board Members Present
Lili Andrews, Alt.; Ellen Brawley, Chair; and Patti Reilly
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:03 p.m.
II. Minutes
The draft minutes from the January 23, 2012 meeting were unanimously approved as amended.
A MOTION TO APPROVE THE MINUTES FROM THE January 23, 2012 MEETING AS AMENDED WAS MADE BY Ms. Reilly; SECONDED BY Ms. Andrews.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (3-0)
A MOTION TO APPROVE THE MINUTES FROM THE January 31, 2012 MEETING AS AMENDED WAS MADE BY Ms. Reilly; SECONDED BY Ms. Andrews.
The motion and second were withdrawn by Ms. Reilly and Ms. Andrews.
The approval of the minutes from the January 31, 2012 meeting was tabled to allow for Mr. Andrews to add his comments.
III. Workshops
A. Vistas and Views: Discussion of the list of candidates for the vistas and views ordinance.
Vistas and Views discussions have been tabled until after February 16th, 2012.
B. Land Use Zoning Ordinance, Land Use Zoning Map, and Zoning Board of Appeals Ordinance Amendments for May 2012 Town Meeting.
The Board reviewed with CEO Keene the proposed changes to date:
1. Pg. 2-2; Section 2.7.2
2. Proposed amendments. Proposed amendments may be submitted by the Planning Board; or by a petition to the Planning Board Board of Selectmen with the same number of signatures as required for submission to referendum, said signatures to be of legal residence or of property owners or of the Town registered voters of the Town of Mount Desert.
CEO Keene is waiting for a response to her query from MMA.
2. Pg. 3-6; Section 3.4 Land Use Chart
The proposed “Boat Building” changes were removed from the chart.
3. Pg. 3-7; Section 3.4 Land Use Chart
Correction to the section reference.
Piers, Docks, Wharves, Bridges and other Structures and Uses Extending over or below the Normal High-Water line or within a wetland (refer to Sections 6B.9 & 6C.8 6C.7) X C C C X C C X X
4. Pg. 3-7; Section 3.4 Land Use Chart
“Construction” has been left in the chart as is.
5. Pg. 3-8/9; Section 3.4 Land Use Chart
Excavation or Filling of > 50 to 150 cubic yards C
CEO C
CEO C
CEO
C
CEO C
CEO C
CEO C
CEO C8
C4
Excavation or Filling of > 150 cubic yards C C C C C C C C8
C4
A space was added between “<” and “50”.
6. Pg. 3-15; Section 3.4 Land Use Chart Footnotes
(m) Lot Width on Roads for certain lots. A back lot or lots shall be exempt from the road width/frontage requirements; provided that the lot is serviced by a road or driveway that has a minimum travel surface width of 12 feet, a minimum unobstructed width of 14.5 feet, and a minimum vertical clearance of 14.5 feet and is located within a legally established thirty-foot-wide easement running from a public or private way to the lot. (Added May 2008, and amended May 4, 2010, and May 3, 2011. & May 8, 2012.)
7. Pg. 3-15; Section 3.4 Land Use Chart Footnotes
(o) Setback from property lines in Village Commercial:
New or newly renovated structures on the following lots and any future subdivision of said lots may have a -0- foot side-setback if constructed in accordance with the current editions of the NFPA 101 Life Safety Codes & NFPA 5000 Building Construction and Safety Code, Maine State adopted codes, and the current editions of the IRC and IBC Codes except on the side where affected lots abut structures whose primary use is residential. Rear setbacks are unaffected.
Tax Map 024: Lots 063-002, 073 through 081, 081-001, 082 through 086, 088 through 090, 102, 104, 106 through 108, & 109-003/109-004 Tax Map 026: Lots 004-001, 004-002, 008-002, & 057 through 063.
(Added May 3, 2011)
8. Pg. 4-1; Section 4.3 Non-conforming Structures
2. Expansions in the shoreland zone(s). A non-conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the non-conformity of the structure and is in accordance with subparagraphs 1 and 2 & 3 below.
The “.” after Expansions has been deleted.
9. Pg. 4-5: Section 4.6 Functional Land Divisions
Add sentence at the end:
The predated structures on the newly divided properties shall not be demolished and rebuilt under any circumstances.
10. Pg. 5-1; Section 5 Conditional Use Approval
5.3 Review Procedures
Pre-Application Procedures – Prior to submitting a Conditional Use Approval Application an applicant or authorized agent may request to appear at a regular meeting of the Planning Board to discuss the proposed project. The pre-application review shall not be construed as representing either the pendency or the commencement of the application process per se.
Formal Application Procedures- The review procedures set forth below may, at the Planning Board’s discretion, be undertaken at a single meeting.
11. Pg. 6-6; Section 6A.8.2 Vegetation
2. Tree removal near town or state roads. Removal of more than 25% of the trees within 25 feet of any town or state road in any 12 month period (except for those required to complete permitted construction) shall require a Conditional Use Approval of the Planning Board. Other woody plants must be retained or replaced with native species.
12. Pg. 6-9; Section 6B.10.3 Requirements for Shoreland Lots
Insert new number 1. Paragraph as follows:
1. Lots abutting more than one road. Lots which abut on more than one road shall have the required width of the lot and setbacks along each road used as an entrance or exit.
With the removal of “on” in the second sentence, the same change is made to 6B.10.2:
1. Lots abutting more than one road. Lots which abut on more than one road shall have the required width of the lot and setbacks along each road used as an entrance or exit.
The remaining paragraphs are renumbered.
13. Pg. 6-13; Section 6B.15 Sign Regulations
5. Directional. Directional signs on roadsides within the Town of Mount Desert are permitted for any church, school, library, museum, or similar public facility with the approval of the Board of Selectmen on the recommendation of the Planning Board.
Directional. Directional signs at intersections of two or more state roads within the Town of Mount Desert are permitted with the approval of the Board of Selectmen and the prior recommendation of the Planning Board, which shall be forwarded to the Selectmen by the applicant with their application for a directional sign.
14. Pg. 6-14; Section 6B.17 Wireless Communication Facilities
1. Purpose. The purpose of this subsection is to provide a uniform and comprehensive set of performance standards and requirements to be used by the Planning Board during the Conditional Use Approval process upon review of an application for the placement and construction of a wireless communications tower. It is acknowledged that it would be virtually impossible to site effective cell towers such that they cannot be seen from any private residences or other view points. Some visual degradation is unavoidable and must be balanced with the public benefit.
2. Use: Wireless Communications Towers utilized as Cell Towers are a Public Utility.
Renumber the rest of 6B.17.
CEO Keene corrected an error in a statement she made at the January 31, 2012 meeting when she mentioned that Cell Towers were not permitted within the Shoreland Zones.
The LUZO states:
“No facility shall be located within areas two hundred fifty (250) feet of the normal high-water line of any great pond or salt water body, or areas within two hundred fifty (250) feet of the upland edge of a coastal or freshwater wetland, or areas within seventy-five (75) feet of the high-water line of a stream.”
The Shoreland Zones within the Town extends beyond the 250’ buffer area designated by DEP. Therefore, cell towers would be allowed outside the designated areas stated above. So the footnote suggested by Mr. Andrews should not be added to “Public Utilities” use within the permitted use chart.
15. Pg. 6-17; Section 6B.17 Wireless Communication Facilities
g. A visual impact assessment, which shall include a photo montage, field mockup, or other techniques, shall be prepared by or on behalf of the applicant who identifies the potential visual impacts at design capacity, of the proposed facility. Consideration shall be given to views from public areas, including waterbodies, as well as from private residences and from Acadia National Park, archaeological and historic resources, including historic districts, areas and structures, specifically those listed in the National Register of Historic Places, or eligible for inclusion.
16. Pg. 6-29; Section 6C.7 Marine and Freshwater Structure Performance Standards
17. Avoidance. No marine structure(s) may be permitted if there is a practicable alternative to the project that would be less damaging to the environment. Each application for a permit must provide an analysis of alternatives in order to demonstrate that a practicable alternative does not exist.
17. Pg. 8-2; Section 8 Definitions
General – Insert a new No. 9. Definition and renumber the current 9. to 10.
9. any time a word is used in this ordinance and is defined within this section the definition shall apply.
Changed to:
9. any word used in this ordinance and defined in this section shall have the meaning set forth in this section.
9.10. any term, phrases, words and their derivation not defined below shall be given that definition which is promulgated in WEBSTER'S NEW COLLEGIATE DICTIONARY, on file in the Town Office.
18. Pg. 8-2; Section 8 Definitions
BOAT BUILDING: The construction of hulls of boats and for sailboats, the masts, spars and rigging.
Change the “—“ to “:”.
19. Pg. 8-6; Section 8 Definitions
The new definitions under consideration for HEAVY EQUIPMENT (CONSTRUCTION) and HEAVY EQUIPMENT were removed.
20. Pg. 8-12; Section 8 Definitions
SETBACK: The horizontal distance measured in a straight line from any property line, shoreline, road (or edge of legally established right-of- way if no road exists) abutting a lot or property to the nearest part of a structure or other regulated object or area. Setback shall apply to all sides of a lot having shore frontage or road frontage, unless stated otherwise within this Ordinance. For the purpose of setback requirements, fences, walls, signs, roads, parking areas & driveways shall not be considered structures, except that roads, parking areas, and driveways must meet shoreline setbacks. Where the setback is from a private right of way, the setback shall be equal to the property line setback requirements of the district in which the property is located.
21. Pg. 8-12; Section 8 Definitions
TREE: 4” in diameter or more, measured at 4½’ above ground level.
Changed to:
TREE: A woody perennial plant whose trunk is 4” in diameter or more, measured at 4½’ above ground level.
22. Building Code SECTION 3. PERMIT.
Before the construction, alteration, relocation, or replacement of a building or structure thereof shall be commenced, the Owner, Lessor Lessee, or authorized agent employed by the Owner or Lessor shall obtain from the Building Inspector a permit covering such work. Repair or replacement of the parts of a structure which do not affect the safety of the structure do not require a permit.
23. Building Code SECTION 6. MINIMUM CONSTRUCTION STANDARDS.
A. All building materials used and practices followed in the construction of buildings shall conform with the requirements of the National Fire Protection Association 101 Life Safety Codes, 1997 edition or as amended as amended from time to time and adopted/approved by the State Fire Marshals Office.
III. Other Business
A MOTION TO CANCEL THE FEBRUARY 7, 2012 MEETING WAS MADE BY Ms. Reilly; SECONDED BY Ms. Andrews.
A VOTE WAS CALLED AND THE MOTION TO CANCEL THE FEBRUARY 7, 2012 MEETING CARRIED UNANIMOUSLY. 3-0.
IV. Meeting adjourned at 6:58 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 13, 2012 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Claire Woolfolk, Recording Secretary
| 
