Town of Mount Desert Planning Board
Minutes of January 13, 2011
Workshop
Public Present
Noel Musson, Dianne Young, Dave Ashmore, Mike Olson
Board Members Present
Sandy Andrews; Ellen Brawley, Chair, James Clunan, Vice Chairman; and Joseph Tracy
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 4:20 p.m.
II. Public Hearing:
Workshop: For proposed Land Use & Shoreland Zoning Ordinances & Zoning Map amendments for May 2011 Town Meeting.
MOTION by Mr. Clunan to approve the changes made to Section 2; SECONDED BY Mr. Andrews. APPROVED (4-0)
Amendment:
• Add “new” to Section 2.3 in the second sentence
MOTION by Mr. Andrews to approve the changes made to Section 3 pages 1-4; SECONDED by Mr. Clunan. APPROVED (4-0)
MOTION by Mr. Andrews to approve the changes made to Section 3 Permitted Use Chart and Footnotes pages 5-10; SECONDED by Mr. Clunan.
APPROVED (4-0)
Amendments:
• Pg. 3-7 Home Occupation District RP from X to C.
• Footnote 6 is changed from 6C.6.2 to 6C.5.2
• Footnote 6 is changed from 6C.10.3 to 6C.9.3
MOTION by Mr. Andrews to approve the changes made to Section 3 Dimensional Requirements for Districts and Footnotes pages 11-13; SECONDED by Mr. Tracy. APPROVED (3-0) (Mr. Clunan left meeting at 5:20pm)
Amendments:
• Remove reference to footnote “o” from Minimum Width of Lot ** See Note (m) & (o)
• Ms. Keene added footnote “o” to VC District Property Lines Dimensional Requirement Chart
MOTION by Mr. Andrews to approve the changes made to Section 3 Dimensional Requirements for Districts and Footnotes pages 14-16 Footnotes A – M; SECONDED by Mr. Tracy. APPROVED (3-0)
Amendments:
• Replace current footnote (m) with new wording:
(m) Lot Width on Roads for certain lots. A back lot or lots shall be exempt from the 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 easement running from a public or private way to the lot. (Added May 2008, amended May 4, 2010 and May 4, 2011.)
• Reword new footnote (o) as follows:
New or renovated structures on the following lots and any future subdivision of said lots shall have a -0- foot side-setback in accordance with the current editions of the NFPA 101 Life Safety Codes, Maine State adopted codes, and the current editions of the IRC and IBC Codes except where affected lots abut structures whose primary use is residential. Rear setbacks on the following lots are also 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
• Add the lot occupied by SR Tracy Map - Lot
• Footnotes N and O need to be reviewed at a future meeting and are excluded from the approved footnotes.
MOTION by Mr. Andrews to approve the changes made to Section 4.1 – 4.4 as presented; SECONDED by Mr. Tracy. APPROVED (3-0)
MOTION by Mr. Andrews to approve the changes made to Section 4.5 – 4.6 as presented; SECONDED by Mr. Tracy. APPROVED (3-0)
MOTION by Mr. Andrews to approve the changes made to Section 6A and 6B, except 6B.7 as amended; SECONDED by Mr. Tracy. APPROVED (3-0)
Amendments:
• 6A.7.2 Applicability:
In any district all new construction, development or other alteration of a lot must be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions.
• 6A.7.6 where ever is one word: wherever
MOTION by Mr. Andrews to approve the changes made to Section 6C in its entirety subject to the incorporation to the reference changes noted in the 12/16 minutes and as follows; SECONDED by Mr. Tracy. APPROVED (3-0)
Amendments:
• 6C.8.6 20% footprint should be 15%
• 6C.3.1 Stream protection, Noel Musson spoke with Stephanie MacLagan of the DEP and was informed that “stream protection” did not need to be added to this section.
• 6C.9 Steep Slopes should reference 6C.9.1 in paragraph two lines one and five.
• 6C.11.2.2 should reference 6C.11.2.1
MOTION by Mr. Andrews to approve the changes made to Section 7 as presented; SECONDED by Mr. Tracy. APPROVED (3-0)
MOTION by Mr. Tracy to approve the changes made to Section 8 as amended; SECONDED by Mr. Andrews. APPROVED (3-0)
Amendments:
• Remove the comma after road under SETBACK.
• Add in parenthesis after “road” in SETBACK “(or edge of legally established right of way if no road exists)”
• Add “or” between “shore frontage” and “road frontage” line 4 in SETBACK
• Amend Seasonal Produce Sales as discussed with Mr. Olson under Other.
• Remove the sentence added under STRUCTURE: “Only structures…
III. Other
1. In order to avoid the possibility of the all the changes being vetoed, the town will need to present the recommended LUZO changes as separate warrant articles:
a) One to adopt the DEP Shoreland mandated LUZO changes,
b) A second one to adopt the proposed land use map, and
c) A third article to adopt the amended land use zoning changes
2. Mike Olson brought before the board proposal for ice machine. Chairman Brawley suggested new wording on pg 8-10 for SEASONAL PRODUCE SALES as follows:
The sale of locally grown or prepared fruits, vegetables, or other food stuffs (including fish), beverages or ice, in the season when grown, caught, or prepared.
MOTION by Mr. Andrews to approve the new wording; SECONDED by Mr. Clunan. APPROVED (4-0) (Taken out of order while Mr. Clunan was still present.
3. Dave Ashmore agreed that the proposed changes for footnote “m” would resolve the issues with his Hall Quarry Subdivision.
IV. Approval of Minutes from 11/29/2010, 12/08/2010, and 12/15/2010.
11/29 minutes have been tabled for lack of quorum.
12/8 and 12/15 minutes were approved as amended. JT/SA 4-0
V. Meeting adjourned at 6:40. p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, January 24, 2011 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
ORIGINAL SIGNATURE ON FILE IN TOWN OFFICE.
Claire Woolfolk, Recording Secretary
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