Public Present
Jean Fernald
Board Members Present
Sandy Andrews; Ellen Brawley, Chair; and Joseph Tracy
Kim Keene, CEO; Claire Woolfolk, Recording Secretary; James Collier, Attorney for the Town
I. The meeting was called to order at 6:15 p.m.
It was confirmed that the workshop notice was published in the February 1 and 8, 2012 Bar Harbor Times and February 2 and 9, 2012 Mount Desert Islander.
II. Minutes
The draft minutes from the January 31, 2012 meeting were unanimously approved.
A MOTION TO APPROVE THE MINUTES FROM THE JANUARY 31, 2012 MEETING AS AMENDED WAS MADE BY MR. ANDREWS; SECONDED BY MR. TRACY.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (4-0) Board members Patti Reilly and Lili Andrews via email approval.
The draft minutes from the February 2, 2012 meeting were tabled for lack of a quorum present from the meeting.
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.
Mr. Collier reviewed the issue of including “roads” as part of footnote (m). He stated that a small footnote has a tremendous effect on the nature and character of the Town. He reiterated that the Board have help from a Planning professional on this issue. There are some potentially dangerous situations that could be created, resulting in unintended messes.
Next, Mr. Collier said driveways should only service 2 lots. Also, minimum width-of-lots are very important. Finally, he pointed out that there are no road standards currently in the ordinance; the only road standards are found in the Subdivision ordinance. Road standards were briefly discussed.
He illustrated various scenarios for the Board members, including “rabbit warrens” not being sufficiently serviced by roads, safety issues, and unsalable lots. Mr. Collier said that ultimately, the unintended consequences would not be good for the Town and what it looks like.
The Board discussed the scenarios presented by Mr. Collier. Mr. Tracy didn’t see a problem with the wording as is. He has been on the Board for 20 years and this has not been an issue. He further stated that it doesn’t hurt anyone to have more than two lots serviced by a driveway. Ultimately, the Board decided on the following wording:
1. 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 lot width at the road (road 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, at least thirty-foot-wide, easement running from a public or private way to the lot. If more than 2-lots are to be accessed, then a road meeting the Street Design and Construction Standards of Section 5.14 of the Subdivision Ordinance shall be required. (Added May 2008, and amended May 4, 2010, and May 3, 2011. & May 8, 2012.)
The Board made the following additional changes with CEO Keene:
2. 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 residents or of property owners or of the Town.
CEO Keene had not heard back from the MMA regarding the proposed change to remove “legal resident or of” and “of the Town.” It was decided to leave it in.
3. Pg. 3-7; Section 3.4 Land Use Chart
Correction to the section reference and removal of “s” on “Sections”.
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. 4-5: Section 4.6 Functional Land Divisions
Add sentence at the end:
Reconstruction or Replacement. Any predated structures which are removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure, as determined by an appraiser before such damage, destruction or removal, may not be reconstructed or replaced under any circumstances.
5. 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.
These standards and requirements are intended to regulate the location and installation of such facilities in order to:
a. Protect and preserve the aesthetic quality of Mount Desert as set forth in the goals, policies and objectives of the adopted Mount Desert Comprehensive Plan.
b. Protect and preserve the visual character of the Town and Acadia National Park.
c. Protect abutting properties from potential damage from tower failure, falling ice and to prevent other hazards to public safety through careful siting regulations and engineering requirements.
d. Require co-location on existing and future wireless communications towers and maximize the use of existing and approved towers and other existing structures such as utility poles and buildings to accommodate new communications antennas in order to reduce the number of new towers needed to serve the community's needs.
2. Use: Wireless Communications Towers utilized as Cell Towers are a Public Utility.
Renumber the rest of 6B.17.
6. Pg. 6-27; Section 6C.6.3.1 Parking Areas.
Determination of size. In determining the appropriate size of proposed parking facilities, the following shall apply:
1. Typical parking space: Approximately ten (10) feet wide and twenty (20) feet long, except that parking spaces for a vehicle and boat trailer shall be forty (40) feet long. However, should the Board find that there are special circumstances of topography, traffic access and safety, or environmental concerns, the Board may waive provisions of this section provided that such waiver does not have the effect of nullifying the purpose of this section,
2. Internal travel aisles: Approximately twenty (20) feet wide.
7. Pg. 8-2; Section 8 Definitions
Remove the new Boat Building definition.
III. Other Business
CEO Keene asked Board members if there was anything that should be a separate warrant article. After a short discussion, it was decided that the changes to Section 6B.17 Wireless Communication Facilities should be a separate article on the warrant.
IV. Meeting adjourned at 7:32 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Thursday, February 16, 2012 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Claire Woolfolk, Recording Secretary
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