Public Present
Norris Reddish, Jerome Suminsby, Sam Fox, Pat Krevans, Julius Krevans, Sandy Wilcox, Billy Helprin, Mark Phelps, Robert Foster, E. Pat Foster, Douglas Hopkins, Story Litchfield, Sheila Pulling, C.H. Breedlove, Jean Fernald, Bob Fernald, Janet Moore, Annette Carvayal, Steve Parady, Cindy Phelps, Katrina Carter, Deborah Parlee, Wayne Parlee, Sidney Roberts Rockefeller, Elliott Porter, Vickie VanDenburgh, Jim Russell, Sam Coplon
Board Members Present
Sandy Andrews; Ellen Brawley, Chair; Robert Ho; and Gerard M. Miller, alt
Kim Keene, CEO; Heidi Smallidge, Recording Secretary; Kyle Avila, and Noel Musson
I. The meeting was called to order at 4:06 p.m. It was confirmed the notice was published in the Bar Harbor Times.
II. Public Hearing - for proposed amendments to the Mount Desert Land Use Zoning Ordinance and Official Land Use Map for May 2011 Town Meeting:
Ms. Brawley stated that Mr. Sam Fox had requested a chance to address the group. Mr. Fox thanked the Planning Board and Ms. Keene for the work they had put into the ordinance, particularly with regard to the work they did to achieve what he felt was a fairer alternative to rebuilding a nonconforming structure within the setback in the event of fire.
Ms. Brawley explained that there were four pieces to the ensuing discussion: Reapproving last year’s Shoreland Zoning Amendment changes, reviewing amendments made after the DEP commented on the submitted ordinance amendments, reviewing amendments to the land use map, and this year’s Land Use Zoning Ordinance amendment changes.
Regarding reapproving the Shoreland Zoning Amendment changes made last year, Ms. Brawley listed those changes made and approved last year. She noted a re-approval was necessary to appease the DEP’s rules.
There were no questions or comments from the public.
The Shoreland Zoning Amendments for last year were re-approved by the Board by general consensus.
Discussion now began on the latest ordinance amendments. It was the goal of the Board with these changes to clear up any unintended consequences or omissions the latest amendments may have created. One in particular was on page 3.14, and stated that if a lot were subdivided within the shoreland zone, both lots must have shore frontage. This was changed so that back lots can exist as long as accessible by appropriate road or driveway.
Nonconforming lots under single ownership are required to be merged whether inside or outside the shoreland zone. This was changed so only lots within shoreland zone are required to be merged.
The sale of ice on the roadside was allowed except for within stream protection and shoreland protection areas.
Several redundant sections were combined and clarified; freshwater structures were now in the marine structures in Section C, and Erosion sedimentation and land suitability - soils were now in Section A.
Section 6A7 was included and strengthens the stormwater standards, as it now addresses all lots.
Downtown Northeast Harbor development was encouraged by allowing build-out to the side lot line on certain lots.
Clarification was also made regarding accessing a permitted structure.
Setbacks from the edge of the road surface or right-of-way were also clarified.
In addition, these changes and reorganization required a lot of renumbering throughout the ordinance.
Ms. Brawley asked those attending if there were any questions.
Wayne Parlee inquired what the setback was from the high water mark and from the mean high water mark for a building. It was noted it was a 75 foot setback from the spring annual tide.
Sam Coplon asked about properties that were bisected by several districts. He felt such a situation runs antithetical to the zoning and land use objectives with regard to clustering and workforce housing. He inquired when and where the appropriate time and place are to discuss it. Ms. Brawley agreed the Planning Board was the appropriate body to consider the issue, but it was too late to make changes for this year. The issue could be taken up at a later date. Mr. Miller suggested that Mr. Coplon could suggest wording that addressed the issue to the Planning Board. Mr. Andrews suggested late summer as the time to begin discussion of zoning changes.
The question of whether to use hyphens when writing “right-of-way” or not was brought up. Mr. Andrews moved, with Mr. Miller seconding, to use “right-of-way” with hyphens in the ordinance. Motion approved 4-0.
With regard to Page 8.2 in the definition of “backlot”, Ms. Brawley wanted to re-include the word “driveway”. Mr. Miller disagreed since the body of the section deals exclusively with driveways. Mr. Andrews agreed with Mr. Miller. Ms. Brawley capitulated.
Section 3.3 Ms. Brawley felt the word “changed” needed to be made “change” in order to agree with the other verbs. Mr. Miller, with Mr. Andrews seconding, moved to remove the “d”. Motion approved 4-0.
Jim Russell stated he owned an undeveloped lot designated Rural Woodlands (RW). Per the map a slice of this property is now Shoreland Residential 2. He never recalled receiving notice. Ms. Brawley said the DEP required the change. Mr. Russell asked would the property have to be surveyed if he wanted to develop. Ms. Keene noted the shoreland zone buffer had to measure 250 feet horizontally distance back from the upland edge of the wetland. Building would require a 75 foot setback. She felt having a professional surveyor do the measuring was safer for the landowner.
Mr. Russell asked what the requirements would be if he chose to subdivide. Ms. Keene noted that 2 acres in shoreland zoning and three acres in RW3 won’t create a nonconforming lot. Mr. Andrews added that as long as a lot has two acres in it, it doesn’t matter what zone it’s in, provided you have all appropriate approvals. Mr. Musson noted the situation would be site specific for each lot.
C.H. Breedlove of the Somesville Landing Corporation asked whether there were any changes the public should be concerned with. It was noted that the property he was concerned with was within the shoreland zoning area, but there were no buildings on it. It was felt that there should be no changes impacting the area as long as there were no buildings on the property.
Jerry Suminsby asked about Section 6.C3 and the removal of vegetation. He inquired what was meant by replanting existing tree growth, particularly with regard to blowdowns. Ms. Keene noted replanting was required only if the owner removed the tree. Blowdowns don’t have to be replaced. And if a tree is removed and tree growth has already started in the immediate area, vegetation doesn’t have to be replaced. Mr. Suminsby asked if this rule was a restatement of a state standard, and Ms. Brawley confirmed that it was.
Vicki VanDenburgh asked for a historical overview of the substantive changes made to the Land Use Zoning Ordinance. Mr. Andrews felt that was a difficult question to answer. Mr. Miller stated it would require a comparison between the old ordinances to the new and compare. Ms. Keene noted that there have been no changes to the shoreland zone. Ms. VanDenburgh asked whether it’s become more or less restrictive. Mr. Andrews noted the biggest change was the area considered shoreland zoning itself. He added that one change was the Planning Board could ask a landowner to move a nonconforming structure within the shoreland zone unless it’s deemed by the Board as impractical. Ms. VanDenburgh asked when the 75 foot setback was created. Ms. Brawley estimated it was approximately the early
1970s.
III. Other Business
There was no other discussion.
IV. Approval of Minutes
There was not a quorum of members who had attended the last meeting to vote on the Minutes. Approval of Minutes was tabled.
V. Meeting adjourned at 4:50 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 14th, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
ORIGINALS SIGNATURE ON FILE IN TOWN OFFICE
Heidi Smallidge, Recording Secretary
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