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Planning Board Meeting Minutes - 01/31/12 Workshop
Town of Mount Desert Planning Board Workshop Meeting Minutes
Town Hall Meeting Room, Northeast Harbor
January 31, 2012

Public Present
Anne Funderburk, Scamp Gray, Jerry Miller, Rosemary Matchak, Sydney Roberts Rockefeller, Debra Andrews, Kathi Miller

Board Members Present                   
Lili Andrews, Alt.; Sandy Andrews; Ellen Brawley, Chair; and Patti Reilly

For the Town
Kim Keene, CEO; Claire Woolfolk, Recording Secretary; James Collier, Attorney to the Board


  • The meeting was called to order at 6:04 p.m.
  • Minutes
No minutes were approved at this meeting.

  • Workshops
  • 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.

  • 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:

  • 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.
Mr. Collier wondered if allowing property owners who are not registered voters to be able to sign petitions for submissions to referendums is legal.  He suggested CEO Keene check with MMA.
  • Pg. 3-6; Section 3.4 Land Use Chart
Earlier amendment to add Boat Building must be removed because notices of this change would have had to be mailed to property owners within the zone(s) affected by the proposed amendment 14 days before a public hearing.  The Board chose to postpone the change until next year when proper notice will be made.
  • 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

  • Pg. 3-7; Section 3.4 Land Use Chart
A discussion began regarding “Construction” under Services 3; whether to remove it or leave it in and add a definition.  If “Construction” is defined then all other businesses mentioned need to be defined as well.  Ultimately, Board members agreed that construction does not need to be defined.  It was agreed to leave construction as it is in the current LUZO.
Mr. Andrews proposed the following footnotes to be added:
Pg. 3-8; footnote the Storage of construction equipment and heavy vehicles box, with the footnote to read:
With Planning Board approval, storage of not more than four pieces of “light construction equipment”, together with transport trailers, is permitted where such equipment cannot be viewed from a public way and where they will not constitute an attractive nuisance. Light construction equipment consists of smaller scale tractors, excavators and the like.  Current examples of light construction equipment include _______ and _______.  Determination of whether a particular piece of equipment qualifies as “light construction equipment” is to be made by the CEO.
Pg. 3-6, footnote the Bulk Materials line, with the footnote to read:
With Planning Board approval, storage of up to 20 cubic yards of bulk materials is permitted where such bulk materials cannot be viewed from a public way, where the material piles will not constitute an attractive nuisance, and with the requirement that any spillage on public ways or sidewalks will be immediately removed by the applicant.
Discussion between board members ensued regarding the pros and cons of changing the LUZO to allow for construction vehicles and bulk materials to be stored by businesses, with conditions, in village centers.  Ms. Reilly expressed her opinion that it is wrong and out of keeping with the past operation of the Board to change the LUZO for one applicant.  Ms. Reilly pointed out that the Comprehensive Plan states in multiple locations that we are to preserve the character of our villages as a priority because a large portion of our island’s economy depends on visitors.   
Several members of the public also made statements that they did not think it was appropriate to allow construction vehicles and bulk materials to be stored in village centers for commercial purposes; private residents are allowed, and do have, construction equipment on their properties within village residential zones.  Mr. Gray asked if the Board could put a weight limit on construction equipment that would be allowed to be stored.  
MS. Reilly asked how many letters of objection the Board had received from the public concerning the proposed LUZO change.  CEO Keene and Chairman Brawley said that there were many.  Ms. Brawley also stated that there were a few people who supported Mr. Gray’s application.  It was agreed by all that no one wants to see heavy construction equipment and bulk storage, and construction companies operating out of village centers.
However, the Board determined that they could not propose a change at this time because notices of this change would have had to be mailed to property owners within the zone(s) affected by the proposed amendment 14 days before the public hearing.  Discussions of any changes under Service 3 have been postponed until next fall when proper notice can be made.  Ms. Reilly is not in favor of further discussions to re visit the proposed changes.
  • 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

  • Pg. 3-15; Section 3.4 Land Use Chart Footnotes
James Collier addressed footnote (m) Lot Width Pg. 3-15 and the potential consequences from the change made last year.  He said adding the word road allows for tremendous problems.  He illustrated for the Board the types of problems that could arise.  With a driveway you are limited to two lots; by changing the wording to road (access servicing more than two lots), there isn’t a limit on the number of back lots and a great potential for creating messes.  The current wording is allowing roads to be made without proper road widths.

He suggested the Board take out the words “road or” and add “located within a legally established 30ft wide easement…”  Mr. Collier also suggested that road standards be added to the ordinance in the future.  Another fix would be to do away with frontage altogether, but he did not recommend that as it would create another whole host of problems.

The Board decided to postpone further discussion until a meeting when Mr. Tracy would be in attendance.  CEO Keene suggested that the Board might need to work with a planner to draft road standards for next year to work out conflicts within the ordinance.

Ms. Rockefeller questioned if the Fire Department requirements for naming the driveways made the driveway into a road.  It was clarified that the driveway is still a driveway; the naming of the driveway was for location identification only.

Footnote (m) changed as follows to reflect discussion above:

(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.)

  • 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)

  • 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.

Delete the “.” after Expansions.
  • 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.

  • 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.

Mr. Andrews commented that the Pre-Application Procedures should be mandatory for Cell Tower submissions, just as they are for Sub-Division applications.

  • 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.

  • 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.

Renumber the remaining paragraphs.
  • 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.

  • 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.

Mr. Andrews suggested that a note be made on the Section 3.4 Land Use chart under Public Utilities that cell towers are not permitted in within the shoreland zones. (pg. 3-7)  
  • Pg. 6-17; Section 6B.17 Wireless Communication Facilities
  • 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.
  • 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.

  • 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.
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.

  • Pg. 8-2; Section 8 Definitions
BOAT BUILDING – The construction of hulls of boats and for sailboats, the masts, spars and rigging.

  • Pg. 8-6; Section 8 Definitions
Remove the new definitions under consideration for HEAVY EQUIPMENT (CONSTRUCTION) and HEAVY EQUIPMENT.
  • 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.

  • Pg. 8-12; Section 8 Definitions
TREE: 4” in diameter or more, measured at 4½’ above ground level.

  • 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.
Ms. Andrews asked CEO Keene if there is a time limit on temporary certificates of occupancy.  CEO Keene said that she sets them with the property owner and follows up, but there is not a specific time limit in the regulations.
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 Marshal’s Office.
III.    Other Business
The Board discussed putting a moratorium on cell towers until it is determined if Acadia National Park, via Sheridan Steele, is working to make an island-wide plan for towers.  It has been rumored that the Park would rather put up a couple of strategically placed towers than have the Park’s viewshed littered with several towers throughout the surrounding municipalities.  Apparently the park would like to work with the towns on the island and cellular service companies sooner rather than later to accomplish this.
A MOTION THAT THE PLANNING BOARD RECOMMEND TO THE BOARD OF SELECTMEN THAT THE TOWN PUT A ONE YEAR MORATORIUM ON THE CONSTRUCTION OF CELL TOWERS PENDING THE EFFORT OF ACADIA NATIONAL PARK TO WORK WITH THE TOWNS AND CELL TOWER COMPANIES to develop a plan for the entire island WAS MADE BY Mr. Andrews; SECONDED BY Ms. Reilly.
A VOTE WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. (4-0)

IV.     Meeting adjourned at 8:50 p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m., Thursday, February 2, 2012 in the Meeting Room, Town Hall, Northeast Harbor.


Respectfully submitted,




Claire Woolfolk, Recording Secretary