Public Present
Noel Musson, CES
Board Members Present
Sandy Andrews; Ellen Brawley, Chair, James Clunan, Vice Chairman; and Gerard M. Miller
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 4:25 p.m. It was confirmed that notice was published in the Bar Harbor Times on January 5 and 19 of 2011.
II. Public Hearings
Workshop: For proposed Land Use & Shoreland Zoning Ordinances & Zoning Map amendments for May 2011 Town Meeting.
Regarding the amendment to the language under the definition of Seasonal Produce Sales (Section 8 page 10) to allow for the sale of ice at the CEO’s discretion in VR 1 & 2, R 1 & 2, SR 1, 2, 3 & 5, RW 2 & 3, VC, SC, and C Districts; the board discussed if there is a better place to address this within the ordinance. Mr. Musson brought up the interpretation of “local”. Mr. Miller said that it shouldn’t be an issue because ice or beverages aren’t necessarily locally produced and that there are often produce sold that isn’t “locally” grown. Leaving it the way it is allows future planning boards to eliminate many ice stands along the side of the road. Mr. Miller doesn’t think that this addition to the LUZO will have people lining the road with machines.
Review of proposed changes to the LUZO
The Planning Board continued their review of the changes made during the previous workshops on 11/29/2010, 12/8/2010, 12/15/2010, 12/16/2010, and 1/13/2011.
Section 2 –MOTION to approve as presented by MR. MILLER; SECONDED by MR. CLUNAN (3-0).
Section 3 - MOTION to approve as revised by MR. MILLER; SECONDED by MR. CLUNAN (3-0).
The following revisions were made:
1. Section 3.3 – Added “& Town Meeting May 4, 2010” to paragraphs 10, 11 and 12, and Section 3 footnotes (m), (n) and (o)
2. Section 3.3 – add a “d” to “change” paragraph 10, line 1 to make it past tense.
3. Section 3 Use Chart – Change reference in footnote 7 to 6C.9.3.
4. Footnote (f) – Change added wording to: “This footnote only applies to lots bordering on a great pond, fresh water or coastal wetland.”
5. Footnote (o) –
a. Add “newly” before” renovated” in line 1.
b. Change “shall” to “may” in line 2.
c. Add “if constructed” between “side-setback” and “in accordance” on line 2.
d. Add “on the side” after “except” on the end of line 4.
Section 4 - MOTION to approve as revised by MR. MILLER; SECONDED by MR. CLUNAN (3-0).
The following revisions were made:
1. Section 4.5.3. strike “either;” and put a colon after “if”.
2. Section 4.5.3.2.a. to read “Each lot abutting a great pond, fresh water or coastal wetlands…”
3. Section 4.5.3.2.b. to read “Any lot abutting a great pond, fresh water or coastal wetlands…”
Section 6A - MOTION to approve as adapted by MR. MILLER; SECONDED by MR. CLUNAN (3-0).
The following adaptations were made:
1. Section 6A.7.2 - Strike “district” after shoreland in line 2.
2. Section 6A.7.3 – insert “and” before “will not” in the first sentence of the paragraph.
3. Section 6A.7.3 – Begin new paragraph with “In the event…” after “…predevelopment conditions.”
4. Section 6A.7.3 – insert a comma before “evidence” and remove the comma after “evidence” in line 7.
5. Section 6A.7.3 – hyphenate all “off-sites” and “on-site” in the new paragraph.
Section 6B - MOTION to approve as amended by MR. MILLER; SECONDED by MR. CLUNAN (3-0).
The following amendment was made:
1. Section 6B.7 – strike “as described” from line 3.
Section 6C - MOTION to approve as amended by MR. MILLER; SECONDED by MR. CLUNAN (3-0).
The following amendment was made:
1. Section 6C.9 – Change the semicolon in line 13 to a period and begin the next sentence by striking “This” and replace with “The setback”…
2. Section 6C.9.3- add “District” after “Stream Protection” in lines 2, 5, and 8.
Section 7 - MOTION to approve as amended by Mr. Clunan; SECONDED by Mr. Miller (3-0).
The following amendments were made:
1. Section 7.6 – Add “/she” after “he” in line 2.
2. Section 7.6 – Change “five” to “ten” in line 2.
Section 8 - MOTION to approve the definitions as amended by MR. MILLER; SECONDED by MR. CLUNAN (3-0).
The following amendments were made:
1. Section 8- Definitions – Back Lot to read: “A lot that does not have frontage on a public or private road and has direct access to a public or private way that meets the standards of Section 6B.6.”
IV. Approval of 11/29/2010, 12/16/2010, and 1/13/2011 meeting minutes.
MOTION to approve minutes 11/29/10 and 12/16/10 by MR. MILLER; SECONDED by MR. CLUNAN (3-0).
A quorum was not present to approve the minutes from 1/13/2011.
IV. Meeting adjourned at 6:20 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 7, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Claire Woolfolk, Recording Secretary
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