Skip Navigation
This table is used for column layout.
 
Planning Board Meeting Minutes - 11/28/11 Workshop
Town of Mount Desert Planning Board Workshop
Town Hall Meeting Room, Northeast Harbor
November 28, 2011

Public Present
Earnest Coombs, and Dave Ashmore

Board Members Present                   
Sandy Andrews; Ellen Brawley, Chair; Patti Reilly, and Joseph Tracy

Kim Keene, CEO; Claire Woolfolk, Recording Secretary

  • The meeting was called to order at 6:08 p.m.
It was confirmed that the workshop notice was published in the November 16, 2011 Bar Harbor Times and November 10, 2011 Mount Desert Islander.

  • Minutes
The draft minutes from the November 15, 2011 meeting were discussed and amendments suggested.

A MOTION to approve the minutes from the November 15, 2011 meeting as ALTERED was MADE BY MR.  Andrews; SECONDED BY MR. Tracy.  

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY. (3-0)

  • Workshops
  • Vistas and Views:  Discussion of the list of candidates for the vistas and views ordinance.  Discussion was tabled due to the absence of Mr. Musson, who is ill.
Mr. Tracy suggested that a good place to begin compiling the inventory of scenic views from would be the broad-scale scenic assessment of public landscapes for Mount Desert Island and Acadia National Park done by Bruce Jacobson, Holly Dominie, and Annette Naegel.  He asked CEO Keene to obtain a copy of that assessment (Ref. page 2 of the Scenic Assessment Handbook from the State Planning Office).

  • Land Use Zoning Ordinance, Land Use Zoning Map, and Zoning Board of Appeals Ordinance Amendments for May 2012 Town Meeting.
The Board discussed the proposed changes CEO Keene had suggested at the last meeting and amended them 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 or 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)  

The Board affirmed this change.

and

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

Mr. Tracy suggested that this item be tabled until the Dec. 8th meeting.

  • Page 3-6, Section 3.4 Land Use Chart
Amend the chart to Boat building with Boat storage, repair, service as follows:


Boat building
C
C
X
C
C
C
X
X
X
Boat building,
Boat storage, repair, service
X
C
X
C
X
C
C
C
X
X
X

  • Page 3-8, Section 3.4 Land Use Chart
Amend the chart to increase the allowable excavation or fill under the CEO authority as follows:

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

  • 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.

Footnote “o” to be amended because the Town of Mount Desert chose not to enforce the IRC and IBC Codes.

  • Page 4-1, Section 4.3.2 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.

  • Page 4-5, Section 4.6 Functional Land Divisions
CEO Keene will check with MMA for suggested language for an item # 6 to allow for replacement of similar struchture with the same footpring and square footage.

  • 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. A “tree” is 4 inches or more in diameter measured 4 ½ feet above ground.  Other woody plants must be retained or replaced with native species.
  • 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.

The Board affirmed this change and the consequential renumbering of the subsequent requirements (6.B.10.3. 2-4)
  • 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.

The Board declined to make a change to the above amendment.  They did not wish to modify the ordinance for the approval of directional signage for personal gain retail.
  • Page 6-14, Section 6.B.17.1 Wireless Communication Facilities – Purpose
  • 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:
  • 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.
The Board affirmed this change.

  • Page 6-19, Section 6.B.17.k Wireless Communication Facilities – Design Standards
k.      Height – Visual Impact Clause  
The CEO will check on the reference Mr. Fuerst made at the ZBOA hearing on August 23, 2011.
  • Page 6-29, Section 6.C.7.17 Marine and Freshwater Structure – Performance Standards
Add DEP permitting wording as follows:
17.     Avoidance.  No activity 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.

  • Page 8-3, Section 8 Definitions
Add:

CONSTRUCTION: Includes building, erecting, altering, rebuilding or any physical operations on a structure or a lot, including excavation, fill, drainage, and the like.

  • 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.
The Board tabled until the Dec. 8th meeting.

  • Page 8-14, Section 8 Definitions
Add:
TREE: 4” in diameter or more, measured at 4½’ above ground level.


  • Other Business
No other business was discussed.

IV.     Meeting adjourned at 8:30 p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m., Thursday, December 1, 2011 in the Meeting Room, Town Hall, Northeast Harbor.


Respectfully submitted,




Claire Woolfolk, Recording Secretary