ublic Present
No public present
Board Members Present
Lili Andrews, Alt.; Ellen Brawley, Chair; James Clunan, Vice Chair; Patti Reilly, Secretary; and Joseph Tracy
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:04 p.m.
It was confirmed that the workshop notice was published in Bar Harbor Times on February 1 & 8, 2012 and Mount Desert Islander on February 2 & 9, 2012.
II. Minutes
The approved minutes from the January 23, 2012 meeting were requested to be revised, noting that after Mr. Ross requested a letter from Acadia National Park approving the proposal for their viewshed, Mr. Tracy said he didn’t agree that a letter from Acadia National Park was necessary since the area of work is not in their direct viewshed. Further, it is not part of the by-laws and the Board has never required one before.
A MOTION TO REVISE THE MINUTES FROM THE JANUARY 23, 2012 MEETING TO NOTE THE COMMENT MADE BY MR. TRACY WAS MADE BY MR. CLUNAN; SECONDED BY MS. ANDREWS.
A VOTE WAS CALLED AND THE MOTION TO REVISE CARRIED UNANIMOUSLY. (4-0)
The draft minutes from the February 2, 2012 meetings were unanimously approved as amended.
A MOTION TO APPROVE THE MINUTES FROM THE FEBRUARY 2, 2012 MEETING AS AMENDED WAS MADE BY MRS. REILLY; SECONDED BY MS. ANDREWS.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (3-0)
Mr. Tracy arrived at 6:30pm.
III. Public Hearing
Hearing for the approval of Draft Warrant Articles proposed to the Mount Desert Land Use Zoning Ordinance
Motions were made and seconded to propose three warrant articles for passage at the 2012 Town meeting.
1. Shall an ordinance entitled “2012 Amendments to the Land Use Zoning Ordinance” be enacted? A complete copy of the proposed amendments to the Land Use Zoning Ordinance is available at the Town Clerk’s office (a summary explanation to follow).
A MOTION TO RECOMMEND TO TOWN MEETING THE PASSAGE OF THE ABOVE ARTICLE WAS MADE BY MR. TRACY; SECONDED BY MS. ANDREWS.
The motion was opened for discussion. Mr. Clunan asked to review the changes and asked questions to clarify the intentions of the final decisions of some of the changes, notably CEO authority for fill, footnote (m), functional land divisions, directional signs, and pre-application procedures. CEO Keene explained the changes.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (5-0)
The following is a detailed record of the proposed changes.
Section 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.
Section 3
Pg. 3-7; Section 3.4 Land Use Chart
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. 3-8/9; 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
(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.)
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)
Section 4
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.
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.
Section 5
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.
Section 6
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.10.2 Requirements for non-shoreland lots
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.
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.
The remaining paragraphs are renumbered.
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. 6-27; 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.
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.
Section 8
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 words 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.
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: A woody perennial plant whose trunk is 4” in diameter or more, measured at 4½’ above ground level.
2. Shall an ordinance entitled “2012 Amendments to the Land Use Zoning Ordinance regarding wireless communication facilities” be enacted as set forth below?
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.
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.
A MOTION TO RECOMMEND TO THE TOWN MEETING THE PASSAGE OF THE ABOVE ARTICLE WAS MADE BY MR. TRACY; SECONDED BY MRS. REILLY.
The motion was opened for discussion. Mrs. Reilly objected to the word “utilized” in 6B.17.2. Since no changes are allowed, the word will stand.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (5-0)
3. Shall an ordinance entitled “2012 Amendments to the Building Code of the Town of Mount Desert” be enacted? A complete copy of the proposed amendments to the Building Code is available at the Town Clerk’s office.
A MOTION TO RECOMMEND TO THE TOWN MEETING THE PASSAGE OF THE ABOVE ARTICLE WAS MADE BY MR. TRACY; SECONDED BY MRS. REILLY.
The motion was opened for discussion. CEO Keene reviewed the changes with Board members.
A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. (5-0)
IV. Other Business
Chairman Brawley briefed the other Board members on items coming before the Board of Selectmen on Tuesday, February 21, 2012 in Somesville. Planning Board members have been invited to attend the meeting. The issues involving the Planning Board: 1. Scamp Gray (copy of his letter passed out to Board members), and 2. the hiring of Noel Musson to assist the Town with their Vista and Viewshed ordinance. She asked the members to attend the meeting to address the BOS on these issues.
V. Meeting adjourned at 7:05 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 27, 2012 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Claire Woolfolk, Recording Secretary
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