Skip Navigation
This table is used for column layout.
 
Planning Board Meeting Minutes - 11/15/11 Workshop
Town of Mount Desert Planning Board Workshop
Town Hall Meeting Room, Northeast Harbor
November 15, 2011


Public Present
Noel Musson, CES

Board Members Present                   
Sandy Andrews; Ellen Brawley, Chair; James Clunan, Vice Chair; and Joseph Tracy

Kim Keene, CEO; Claire Woolfolk, Recording Secretary


  • The meeting was called to order at 6:02 p.m. by Ellen Brawley.  She asked Sandy Andrews to run the meeting tonight because she is losing her voice.
It was confirmed that the workshop notice was published in the October 27, 2011 Bangor Daily News.

II.     Minutes
The draft minutes from the November 14, 2011 meeting were unanimously approved as amended.

A MOTION to approve the minutes from the November 14, 2011 meeting as amended was MADE BY MR. Clunan; SECONDED BY MR. Andrews.  

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (4-0)

  • Workshops
  • Vistas and Views:  Discussion of the list of candidates for the vistas and views ordinance.
Noel Musson asked the Board to clarify what their objective is for the vista and view ordinance.  The Board discussed the protection of the Town’s unique viewsheds without making properties undevelopable.  The Board does not want to take away the residents ability to use their property.  They also want to avoid making it overly complicated so that residents will not have to hire an outside firm to do a view impact survey in order to make improvements on their properties.

In addition to the above the ordinance should have:

  • Town-wide applicability
  • Individual areas identified with a superior view where higher standards may be required to protect it.
Mr. Musson understands that the Board’s intention is to develop a tool to evaluate viewshed sites requiring permits with consistent review standards.  He envisioned a two-part process (both parts could be worked on simultaneously) to address the components necessary to complete the ordinance:  

  • identify important viewsheds and viewpoints, and
  • develop general principles for their protection and any resulting ordinance changes.  
Part 1 - Mr. Musson suggested visiting areas to identify potential sites to be included in a scenic inventory document, which will stand separately from ordinance wording.  Mr. Clunan recommended beginning with the list that was identified a few years back.

Part 2 - He would be the “Planner” to draft any documents and participate in the research; the Board would edit the wording for presentation to the public.

Mr. Musson referred to documents he obtained from the State website which outlines the recommended system for scoring sites to enable the ranking of important scenic resources.  He also suggested taking the wording for the view impacts from the Cell Tower part of the LUZO.

In preparation for the next workshop, Mr. Andrews proposed that the Planning Board members read the materials Mr. Musson referred to.  Mr. Musson said he would create a Gantt chart for what needs to be done and who would need to address the tasks.

Mr. Musson also discussed getting a working group together from the community and the National Park, Maine Coast Heritage, etc. to assist in identifying scenic resources.  The group might have valuable input for developing a set of standards for scenic resources.  

Mr. Tracy asked if there was precedence for people maintaining vegetation to keep the view open.  Mr. Musson replied that yes, there are Towns that have language addressing this issue in their ordinances.

  • LUZO changes suggested by CEO Keene
CEO Keene reviewed some suggested amendments to the LUZO for the 2012 Town Meeting with the Board as follows:

  • Page 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 or of property owners of the Town registered voters of the Town of Mount Desert.

  • Page 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)

and

Services 3: (not wholly enclosed) construction ? masonry, plumbing, painting, carpentry

  • Page 3-8, Section 3.4 Land Use Chart

Excavation or Filling < 10 cubic yards
P
P
CEO
P
P
CEO
CEO
C8
C4

Excavation or Filling of 10 to 50 cubic yards

P
P
CEO
P
P
CEO
P
C8
C4
Excavation or Filling of >50 cubic yards
C
C
C
C
C
C
C
C8
C4

  • Page 3-15, Section 3.5 Dimensional Requirements
  • 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.

  • Page 4-1, Section 4.3.2 Non-conforming Structures
2.      Expansions. 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, ; and if the lot is within the Shoreland Zone 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.

  • Page 4-5, Section 4.6 Functional Land Divisions
CEO Keene spoke with the Board regarding the MMA legal opinion dated September 8, 2011.  (see attached memo)

  • Page 6-6, Section 6.A.8.2 Non-conforming Structures
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 permitted construction) shall require a Conditional Use Approval of the Planning Board.

  • Page 6-9, Section 6.B.10.3.1-4 Requirements for 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.

1 2.    Minimum area suitable for development. Land below the normal high-water line of a water body or upland edge of a wetland and land serving more than two (2) lots shall not be included toward calculating minimum lot area.

2 3.    Minimum width within 100 feet. The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
3 4.    Multiple structures. If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.

  • Page 6-13, Section 6.B.15.5 Signage
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. (see Durlin’s Memo – attached)

  • Page 6-17, Section 6.B.17.5 Wireless Communication Facilities – Submissions
  • 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 waterbodies, public areas 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.
  • Page 6-19, Section 6.B.17.k Wireless Communication Facilities – Design Standards
k.      Height – Visual Impact Clause  The Board will work on wording for this standard.
  • Page 6-29, Section 6.C.7.17 Marine and Freshwater Structure – Performance Standards
Add:
17.     No practical alternative.

  • Page 8-3, Section 8 Definitions
CONSTRUCTION: is a process that consists of the building or assembling of infrastructure.

  • Page 8-6, Section 8 Definitions
HEAVY EQUIPMENT (CONSTRUCTION): Heavy-duty vehicles, specially designed for executing construction tasks, most frequently ones involving earthwork operations.  They usually comprise of equipment systems; traction & power train.  Most equipment uses hydraulics as primary source of transferring power. (examples backhoe loader, backhoe, bulldozer, boom truck, crane, excavator, dump truck etc.)

HEAVY EQUIPMENT: is a class of large fuel-run driver-operated machinery used to perform tasks like earth-moving, heavy lifting, demolition, digging, and light equipment or material transport. Special licensing and screening are necessary to operate heavy equipment.

  • Rural Wastewater Treatment Support Ordinance changes suggested by CEO Keene
  • Page 6 of 6 (see attached sheet)
Remove:
  • Section 6.0, Additional Eligibility Requirements
  • Section 6.1, All property taxes must be current
Renumber:
6.0 Appropriations Required
6.1 paragraph
7.0 Period of Ordinance
7.1 The effective date
7.2 Expiration date

  • Other Business
The Board cancelled the 11/21/11 meeting for lack of quorum.  Notice will be posted on the Town’s website and notices sent out on list serve.

IV.     Meeting adjourned at 7:30 p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, November 28, 2011 in the Meeting Room, Town Hall, Northeast Harbor.


Respectfully submitted,

ORIGINAL SIGNATURE ON FILE IN TOWN OFFICE.


Claire Woolfolk, Recording Secretary