Town of Mount Desert Planning Board Public Hearing
Minutes of January 25, 2010
Public Present
Chuck Bucklin, John Brown,
Board Members Present
Joseph Tracy, Ellen Brawley, James Clunan, Sandy Andrews, Patti Reilly
Kimberly Keene, CEO, Heidi Smallidge, Recording Secretary
I. Call to Order
The meeting was called to order at 6:09 p.m. by Mr. Clunan.
II. Approval of Minutes from January 11, 2010:
Mr. Andrews moved, with Ms. Brawley seconding, to approve the Minutes as presented.
A review of the Minutes followed with no changes deemed necessary.
Motion approved 4-0.
Ms. Brawley mentioned a possible mistake in previously approved Minutes. The Minutes of October 26 may have an item not determined whether it was in compliance or not.
III. Conditional Use Approval Application
a. Conditional Use Approval Application # 001-2010
OWNER(S): John M. & Emily G. Brown
LOCTION: 1091 Main Street, Somesville
TAX MAP: 21 LOT: 20 ZONE(S): VR1
PURPOSE: Section 6B.8 – Fences and Walls – Exceeding CEO Authority
SITE INSPECTION: 3:30 PM
Ms. Brawley was confirmed a voting member in Mr. Bright’s absence. It was agreed that Mr. Clunan would act as Chairman in Mr. Bright’s absence. It was confirmed there was adequate public notice and no conflict of interest. Ms. Keene and Jerry Miller attended the site inspection. Ms. Keene reported that there were some sections of fence that exceeded six feet in height. There were four sections in place to create privacy for the apartment on the property. There were two styles of fence on the property. Solid fence provides privacy for the apartment; other fence on the property has either been permitted previously, or does not require a permit. There are no close neighbors, and no one’s inquired about the application.
Mr. Andrews asked whether the fences were visible to anyone other than the occupants. Ms. Keene felt they were not easily visible to anyone other than the occupants.
Mr. Tracy moved, with Ms. Reilly seconding, to approve the application as presented.
Mr. Clunan inquired whether there was any correspondence from the public regarding the application. Ms. Keene said there was none. Mr. Clunan opened the floor to the public. There were no comments from the public.
CHECKLIST
Land Use Zoning Ordinance of the Town of Mount Desert
(03/06/78, as am. through 05/6/08)
** Note: All Conclusions of Law are to be read as if they are prefaced by the words “Based upon said Findings of Fact …”
SECTION 6 STANDARDS FOR USES, PERMITS AND APPROVALS
6A GENERAL PERFORMANCE STANDARDS
6A. 1 Compatibility The proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its:
Physical Size:
Findings of Fact(s): N/A
Visual Impact:
Findings of Fact(s): The fences are barely visible from Route 102.____
(5-0)
Proximity to other structures:
Findings of Fact(s): One fence segment is behind a building on the North side; the other about 15 feet from the main structure. The proposed fences are not near structures on adjacent lots.
(5-0)
Density of Development:
Findings of Fact(s): The area is zoned VR1 and density is typical of village are of town.
(5-0)
Conclusion of Law for s. 6A. 1 Compatibility: The proposed use will be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, visual impact, proximity to other structures, and density of development.
In particular,
(5-0)
6A. 2 Erosion Control
1. Filling, grading. Filling, grading … shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
Findings of Fact(s): N/A
Conclusion of Law: Filling, grading, etc. will / will not be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
2. Removal of sand or gravel. Removal of sand or gravel from natural beaches or the disruption or removal of buffer strips that protect fragile land areas immediately behind a shoreline and on neighboring properties is prohibited.
X N/A tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet lying either wholly or partially within the area covered by this Ordinance is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with …
X N/A sp;
Sufficient off-street parking shall be available:
Findings of Fact(s): N/A
Conclusion of Law: Sufficient off-street parking will / will not be available:
6A. 4 Impact on Town Services The proposed use shall not unduly burden the capacity of the Town's facilities, including public water and sewage, or the ability of the Town to provide essential public services (such as, but not limited to, schools, fire and police protection, refuse collection, and parking) to its residents and visitors.
Findings of Fact(s): N/A
Conclusion of Law: The proposed use of will / will not unduly burden the capacity of the Town's facilities. [In particular, an undue burden will be placed upon]
6A. 5 Land Suitability All land uses shall be located on soils in or upon which the proposed uses or
structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction …
Findings of Fact(s): N/A
Conclusion of Law: Proposed land use of will / will not be located on soils so as to not causing adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction.
6A. 6 Lighting - Outdoor
X N/A p; ; (5-0)
Conclusion of Law: The conditional approval of this application will not be offensive or
Obnoxious for the above-stated reasons, nor for any use that would prove injurious
To the safety and welfare of the neighborhood. (5-0)
6A. 8 Preserving the Town's Character The proposed use shall be consistent with protecting the general character of the Town, conserving the natural beauty of the area and shall not tend to change the historical or cultural character of the neighborhood. Such use shall be similar to a use specified as P, CEO or C in Section 3.4 and shall be in accord with the Comprehensive Plan.
Findings of Fact(s): The application is for a fence. There are other fences in the proposed
Area.
(5-0)
Conclusion of Law: The proposed use will be consistent with protecting the general character of the Town, will be consistent with conserving the natural beauty of the area and will not tend to change the historical or cultural character of the neighborhood. Such use will be similar to a use specified as P, CEO or C in Section 3.4 and will be in accord with the Comprehensive Plan. In particular,
(5-0)
6A. 9 Stormwater
X N/A
Conclusion of Law:
6A. 10 Vegetation
1. Clearing. Clearing of trees or conversion to other vegetation is allowed for permitted construction provided that:
1. Appropriate measures are taken, if necessary, to prevent erosion when activity is undertaken.
2. The activity is in conformity with State Mandated Shoreland Zoning.
2. Tree removal near town roads. Removal of more than 25% of the trees within 25 feet of any town or state road in any 12 month period shall require a Conditional Use Approval of the Planning Board.
3. Slash. No accumulation of slash shall be left within 50 feet of any town or state road or within 50 feet of the normal highwater mark of any waterbody. Slash shall be disposed of so that no part extends more than 4 feet above the ground.
4. Shoreland zoning. Provisions of the State of Maine Shoreland Zoning Act shall apply in the State Mandated Shoreland Zone for timber harvesting and clearing of vegetation, as per Title 38 MRSA § 439-A.5 and 439-A.6.
5. CEO Permit. A CEO Permit is required for cutting timber larger than 4 inches in diameter measured 4 ½ feet above ground when the total amount to be cut is greater than 10 cords but less than 50 cords in any one year period.
6. Conditional Use Approval. Conditional Use Approval is required from the Planning Board for cutting timber larger than 4 inches in diameter measured 4 ½ feet above ground when the total amount to be cut is 50 cords or more in any one year period.
X N/A p;
Conclusion of Law:
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B. 1 Agriculture All spreading or disposal of manure shall be accomplished in conformance with the "Maine Guidelines for Manure and Manure Sludge Disposal on Land", published by the University of Maine and the Maine Soil and Water Conservation Commission, in July 1972.
X N/A nning Board.
X N/A Arial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">Findings of Fact(s):
Conclusion of Law:
6B. 7 Excavation or filling Excavation or filling shall be permitted in any district only to the extent such activities are essential or are incidental to any permitted, conditional, or other lawful use. Filling, dumping, or excavation of any matter of fifty (50) cubic yards or greater within a twelve (12) month period shall require a Code Enforcement Officer permit provided that there are no slopes in excess of 4:1 and the activity is more than one hundred (100) feet from the normal high water line of a waterbody. Excavation and filling, greater than fifty (50) cubic yards in a twelve (12) month period, with slopes greater than 4:1 or within one hundred (100) feet from the high water line of a waterbody shall require a Conditional Use Approval of the Planning Board. Appropriate measures
shall be taken to prevent erosion during or after the filling or excavation. All fill permits are approved for a twelve (12) month period only and expire twelve (12) months from the date of approval. The Code Enforcement Officer may renew either the Code Enforcement Officer permit or the Conditional Use Approval for additional twelve (12) month periods.
X N/A p;
Conclusion of Law:
6B. 8 Fences and walls
Findings of Fact(s): 1 – There are no scenic views in question
2 – N/A
3 a -Neither fence is within six feet of either ROW or sidewalk or road 3b – The fences in question are not within view of drivers on Route 102 3c – N/A
Conclusion of Law: 1 – The applicants fences shall not restrict scenic views (5-0)
2 – No vote necessary
3 – The applicants fences are in conformance with Sec. 6B.8 of the LUZO (5-0)
s appropriate for such use, and constructed so as to control erosion.
2. The location shall not interfere with existing uses.
3. The facility shall be located so as to minimize adverse effects on fisheries.
4. The facility shall be no larger in dimension than necessary to carry on the activity, and be consistent with existing conditions, uses, and character of the area.
5. Piers, docks, floats, wharves, breakwaters, causeways, marinas, bridges more than 20 feet in length, and permanent uses projecting into fresh water bodies from normal high water level shall require Conditional Use Approval of the Planning Board. The Planning Board may issue guidelines to insure compliance with state laws.
X N/A ft" style="text-align:left;">Conclusion of Law:
6B. 13 Mineral Exploration and Extraction Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance. Approval of the Planning Board shall be required for mineral exploration that exceeds the above limitations.
X N/A nt-size:9pt;color:#000000;">;
6B.16 Sign Regulations
3. Signs Permitted: Temporary Signs:
X N/A p;
4. Signs Permitted: Permanent Signs:
X N/A nbsp;
6B.18 Wireless Communication Facilities:
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. These standards and requirements are intended to regulate the location and installation of such facilities in order to:
(a) Protect and preserve the aesthetic quality of Mount Desert as set forth in the goals, policies and objectives of the adopted Mount Desert Comprehensive Plan.
(b) Protect and preserve the visual character of the Town and Acadia National Park.
(c) Protect abutting properties from potential damage from tower failure, falling ice and to prevent other hazards to public safety through careful siting regulations and engineering requirements.
(d) Require co-location on existing and future wireless communications towers and maximize the use of existing and approved towers and other existing structures such as utility poles and buildings to accommodate new communications antennas in order to reduce the number of new towers needed to serve the community's needs.
Submissions. In addition to all of the relevant Conditional Use Approval Application submission requirements, the following submissions, in a form acceptable to the Planning Board shall be required, unless waived by the Planning Board:
(a) A report from a professional engineer registered in the State of Maine that describes the communications tower, the technical reasons for the tower design and the capacity of the tower, including the number(s), type(s) and volume of antenna(s) that it can accommodate and the basis for the calculation of capacity.
(b) For pole-mounted facilities, certification by a professional engineer registered in the State of Maine that the design is adequate to support, without failure, the maximum forces expected from wind, earthquakes, ice/snow loading when the pole is fully loaded with antennas, transmitters, other equipment, and camouflaging, as described in the submitted plan.
(c) Elevation drawings, cross-sectional area or silhouette, of the facility, drawn to scale and showing all measurements, both linear and volumetric, showing front, sides and rear of the proposed facility, including all fencing, supporting system for transmission cables running between the tower and accessory structures, control panels, antennas, and existing structures and trees. Reference any design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(d) Detail of the tower base or method of attachment to a structure. If the facility will be attached to an existing building or structure, measurements and elevations of the structure shall be provided.
(e) Details of all accessory structures, including buildings, parking areas, utilities, gates, access roads, etc.
(f) A narrative and demonstration detailing:
1.) The extent to which the proposed facility would be visible from scenic resources as determined by the Planning Board and from Acadia National Park.
2.) The tree line elevation of vegetation within 300 feet of the proposed tower.
3.) The distance to the proposed facility from the designated scenic resources.
(g) 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 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 analysis of the impact on historical and archaeological resources shall meet the requirements of the Maine State Historic Preservation Officer in his/her review capacity for the FCC. The overall analysis shall assess the
cumulative impacts of the proposed facility and other existing and foreseeable communications facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed communications service.
(h) Site photos showing vegetation, existing and adjacent structures and views of and from the proposed site. Topography of and land uses on the proposed parcel and on abutting properties.
(i) Landscaping plan showing location of proposed screening and fencing, planting areas, proposed plantings, existing plant materials to be retained and trees or shrubs to be removed.
(j) Identification of any other communications facilities existing or proposed on the site.
(k) A written description of how the proposed facility fits into the applicant's communications network, including a demonstration of a coverage and/or capacity problem, demonstration that all alternatives and existing structures have been identified and fairly rejected, that the proposed height is the minimum height necessary to achieve the targeted coverage area and a description of how other tower heights would change the coverage area. It should also describe reasonable anticipated expansion of the proposed facilities on the proposed site and related facilities in the region and reasonable anticipated changes of technology and their effect on expansions of the proposed facility. This submission requirement does not require disclosure of confidential business information.
(l) A letter of intent that commits the tower owner and successors in interest to:
[1]
Respond in a timely, comprehensive manner to a request for information from a potential co-location applicant.
[2]
Negotiate in good faith for shared use by other parties.
(m) Evidence that co-location on existing or an approved tower is not possible per co-location section above or in adjacent towns. If the proposed tower cannot be accommodated on an existing or approved tower site, the applicant must assess whether such tower site could be changed to accommodate the proposed tower and generally describe the means and projected cost of shared use of the existing or approved tower site.
(n) Proof of financial capacity to build, maintain, and remove the proposed tower.
X N/A bsp;
Design Standards. The following design standards shall be met by the applicant. The Planning Board, as part of the Conditional Use Approval review process, shall determine if the applicant has complied with these standards. All communications facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented:
(a) Towers shall be constructed of metal or other nonflammable material unless specifically waived by the Planning Board due to technical or engineering reasons.
(b) Accessory facilities shall be adjacent to the tower base unless an alternative location will be less visually obtrusive or topographic considerations require an alternative location.
(c) Accessory facilities shall be constructed out of no reflective exterior materials with earth toned colors or shall be placed underground, if possible.
(d) New accessory facilities shall be no taller than one story in height and shall be treated to look like a building or facility typically found in the area.
(e) All buildings, poles, towers, antenna supports, antennas and other components of each communications facility site shall be initially painted and thereafter repainted as necessary with matte finish paint. The color(s) selected shall be one that the Planning Board determines will minimize their visibility to the greatest extent feasible. To this end, improvements that will be primarily viewed against soils or trees shall be painted colors matching these landscapes, while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location unless the Planning Board determines that an alternative proposal will minimize visibility.
(f) The Planning Board may require special design of the facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).
(g) Sufficient anticlimbing measures and other security measures preventing access to the site shall be incorporated into the facility, as needed, to reduce the potential for trespass and injury.
(h) Only security lighting is permitted. All outdoor lighting shall meet Section 6A.6 standards of the Land Use Zoning Ordinance unless required by the Federal Communications Commission, Federal Aviation Administration, or other federal agency.
(i) Advertising and commercial signs shall not be permitted on a communications facility.
(j) Guy wires shall not be permitted as part of a communications facility.
X N/A
Conclusion of Law:
Location. All communications facilities shall be located so as to minimize their visibility and to minimize the total number of towers in the Town. The following measures shall guide the location:
(a) Communications facilities shall not be sited in areas of high visibility, as determined by the Planning Board, to meet the purpose of this subsection unless the facility is designed to minimize its profile by blending with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable. The height of a communications tower that is located within the view shed of a scenic vista, scenic landscape or scenic road, as determined by the Planning Board, may be, at the discretion of the Planning Board, subject to height limitation. Such limitation may restrict the height of the tower such that it does not exceed the height of vegetation within 300 feet of the proposed location.
(b) No facility shall be located so as to create a significant impact to the health or survival of rare, threatened or endangered plant or animal species.
(c) No facility shall be located within areas two hundred fifty (250) feet of the normal high-water line of any great pond or salt water body, or areas within two hundred fifty (250) feet of the upland edge of a coastal or freshwater wetland, or areas within seventy-five (75) feet of the high-water line of a stream.
X N/A sp;
Standards. In addition to the criteria and standards, listed in Section 6 of the Land Use Zoning Ordinance these additional criteria and standards shall be utilized by the Planning Board in reviewing applications for Conditional Use Approval for proposed communications facilities:
(a) Mitigation measures have been utilized to screen antennas and towers from view from public rights-of-way or scenic vistas, either by landscaping, fencing or other architectural screening.
(b) Antennas shall be as small as technically possible in order to minimize visual impact.
(c) Creative design measures have been employed to camouflage facilities by integrating them with existing buildings and among other uses.
(d) Other technically feasible sites have been investigated, and if available, the proposed facility has been located in order to minimize the effect on visually sensitive areas.
(e) Co-location, where technically feasible and visually desirable, on an existing tower, has been investigated, and if technically and financially feasible, the proposed facility is co-located.
(f) Use of an existing community facility site, such as utility poles, has been investigated as a potential site for a tower, antennas and other equipment and, if available and technically feasible and visually desirable, is proposed as the site for the facility.
(g) Adequate bonding for removal of the communications, facility, in a form, and amount acceptable to the Town Manager has been submitted.
X N/A
SHORELAND ZONING STANDARDS
Findings of Fact(s): The property is not located in the shoreland zone.
(5-0)
Conclusion of Law: All standards in the shoreland zoning section of the LUZO are not
Applicable.
(5-0)
Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if applicable.
X N/A
2. Internal travel aisles: Approximately twenty (20) feet wide.
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6C.8 Marine Structure Performance Standards
X N/A p; access from the shore to the marine structure shall be placed on bedrock. The Planning Board may require consultation with the local Soil and Water Conservation District Office.
2. Interference with existing uses and beaches, etc. The location of the marine structure shall not interfere with developed or natural beach areas, nor access to existing marine structures or points of public access, nor shall it unreasonably interfere with the use of other marine structures and landing places.
3. Effect on fisheries, wildlife, etc. The marine structure shall be designed, sited, and constructed to
minimize adverse impacts on fisheries, significant wildlife habitats or unique natural areas including, but not limited to: fin fish and shellfish fisheries, salt marshes, eel grass beds, shorebird and nesting habitats, critical fish spawning and nursery areas.
4. Size. The facility shall be no larger in dimension than necessary to carry on the activity and be consistent
with the surrounding character and uses of the area. A temporary pier, dock or wharf shall not be wider
than six feet for non-commercial uses.
5. No new structures. No new structure shall be built on, over or abutting a pier, wharf, dock or other
structure extending below the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.
6. New permanent piers and docks. New permanent piers and docks on non-tidal waters shall not be
permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not
feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to
the Natural Resources Protection Act.
7. Conversion to dwellings. No existing structures built on, over or abutting a pier, dock, wharf or other structure extending below the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.
8. Height limit. Except in the Shoreland Commercial District, structures built on, over or abutting a pier,
dock, wharf or other structure extending below the normal high-water line of a water body or within a
wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.
9. Conditional use permit required. Piers, docks, floats, wharves, breakwaters, causeways, marinas, bridges more than 20 feet in length, and permanent uses projecting into water bodies from normal high water line shall require Conditional Use Approval of the Planning Board. The Planning Board may issue guidelines to insure compliance with state laws.
10. Interference with natural flow. Interference with the natural flow of any surface or subsurface waters shall
be minimized during the construction and subsequent use of the marine structure.
11. Encroachment on navigation. The marine structure shall be designed, sited, and constructed so as not to encroach upon officially designated navigation channels.
12. Mooring area. The Planning Board shall request comment from the Harbor Master in cases where the
applicant proposes to build a marine structure in an officially designated mooring area.
13. Dimensional limits. The marine structure shall comply with the dimensional limits listed below. The facility shall be no larger than necessary to accomplish the purposes for which it is designed. Its size and construction shall not change the intensity of the adjoining land use, and by no means shall exceed a total distance of more than one-third the width of the coastal wetland or water body, when proposed for coastal or inland waters. Notwithstanding the dimensional limits below, in areas where the horizontal distance from the normal high-water line to the mean lower low water is in excess of 160 feet, no permanent structure will be allowed seaward of the normal high-water line.
Marine Structure Dimensional Requirement
Maximum length of entire marine structure (i.e. pier, ramp and float combined) 225 feet 1
Maximum length of all permanent structures 150 feet
Maximum length of all non-permanent structures (i.e. ramp and float) 75 feet 2
Maximum width of pier walkway 6 feet
Maximum width of ramp 6 feet
Maximum square footage of floats 400 square feet
Maximum square footage of floats for communal marine structures (see 14 and 15 below) 800 square feet
1 Or length needed to obtain six feet of depth of water at mean lower low water, whichever is less.
2 In cases where no permanent structure is proposed the applicant will be permitted to install a ramp and float extending no further than 75 feet into the water body.
14. Additional square footage for floats. If two or more shorefront lot owners choose to share a communal marine structure the applicant may request additional square footage of floats.
15. Communal dock. When proposed by the applicant, new subdivisions may provide a communal dock in lieu
of the development of docks on individual lots. The applicant may request additional square footage of floats provided a demonstrated need can be shown.
Limit on number. There shall be no more than one marine structure on a lot.
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6C.10 Roads and Driveways
The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.
1. Setback, Roads and driveways shall be set back at least one-hundred (100) feet, horizontal distance, from the normal high-water line of a great pond, and seventy-five (75) feet, horizontal distance from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than fifty (50) feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of
additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland.
Steep slopes. On slopes of greater than twenty (20) percent the road and/or driveway setback shall be increased by ten (10) feet, horizontal distance, for each five (5) percent increase in slope above twenty (20) percent.
Section 6C.10.1 does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Section 6C.10.1 except for that portion of the road or driveway necessary for direct access to the structure.
2. Existing public roads. Existing public roads may be expanded within the legal road right of way regardless of their setback from a water body, tributary stream or wetland.
3. New roads, driveways, prohibited in RP and SP. New roads and driveways are prohibited in the Resource Protection and Stream Protection Districts except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the Resource Protection and Stream Protection Districts in accordance with Section 7.5.3. When a road or driveway is permitted in a Resource Protection District the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland.
4. Steepness. Road and driveway banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 6C.5
5. Grades. Road and driveway grades shall be no greater than ten (10) percent except for segments of less than two hundred (200) feet.
6. Drainage to unscarified strip. In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least (50) feet plus two times the average slope, in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.
7. Ditch relief. Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway, or ditch. To accomplish this, the following shall apply:
1. Ditch relief culverts. Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road or driveway at intervals no greater than indicated in the following table:
Grade Spacing
(Percent) (Feet)
0-2 250
3-5 200-135
6-10 100-80
11-15 80-60
16-20 60-45
21 + 40
2. Drainage dips. Drainage dips may be used in place of ditch relief culverts only where the grade is ten (10) percent or less.
3. Slopes greater than 10%. On sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed at approximately a thirty (30) degree angle down slope from a line perpendicular to the centerline of the road or driveway.
4. Culvert size. Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning and their inlet and outlet ends shall be stabilized with appropriate materials.
8. Maintenance. Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.
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6C.12 Soils
All uses to be on suitable soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other person who is acceptable to the Planning Board to have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water
elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
X N/A "> 1. 40% limit. Selective cutting of no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten (10) year period is permitted. In addition:
1. No clearcuts within shoreline setback. Within one-hundred (100) feet, horizontal distance, of the normal high-water line of a great pond, and within seventy-five (75) feet, horizontal distance, of the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clear cut openings and a well-distributed stand of trees and other vegetation,
including existing ground cover shall be maintained.
2. Cleared openings farther than shoreline setback. At distances greater than one-hundred
(100) feet, horizontal distance, of a great pond, and greater than seventy-five (75) feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clear cut openings greater than ten-thousand (10,000) square feet in the forest canopy. Where such openings exceed five-thousand (5000) square feet they shall be at least one hundred (100) feet, horizontal distance, apart. Such clear cut openings shall be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area.
2. Harvesting in excess of 40%. Timber harvesting operations exceeding the 40% limitation in Section 6C.13.2.1 above may be allowed by the planning board upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purposes of this Ordinance. The planning board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed, within fourteen (14) days of the planning board's decision.
3. Accumulation of slash. No accumulation of slash shall be left within fifty (50) feet, horizontal distance, of the normal high-water line of a water body. In all other areas slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground. Any debris that falls below the normal high-water line of a water body or tributary stream shall be removed.
4. Stream channel travel prohibited. Timber harvesting equipment shall not use stream channels as travel routes except when:
1. Surface waters are frozen; and
2. The activity will not result in any ground disturbance.
5. Crossing of flowing water. All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.
6. Skid trail runoff. Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil re-vegetated.
7. Soil exposure setback. Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least seventy-five (75) feet, horizontal distance, in width for slopes up to ten (10) percent shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each ten (10) percent increase in slope, the unscarified strip shall be increased by twenty (20) feet, horizontal distance. The provisions of
this paragraph apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than twenty five (25) feet, horizontal distance, from the normal high-water line of a water body or upland edge of a wetland.
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FOR BOARD USE
CONDITIONAL USE PERMIT/APPROVAL
PERMIT CONDITIONS: In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
(5-0)
Motion approved, all in favor of this application as described, 5-0.
IV. Continued Discussions of Proposed Land Use Zoning Ordinance, Building Code & Subdivision Ordinance Amendments. Draft Ordinances Regarding Scenic/View Vistas/Sheds & Steep Slopes for May 2010 Town Meeting
Ms. Keene noted she’d sent materials with the revisions of the January 11 meeting incorporated. She noted the current revisions did not cover the issue of excavation, as the recorder did not record the meeting and the wording was lost. It was also noted that road frontage was not included on the footnote on page 3-4.
Ms. Keene pointed out that Mr. Clunan had recommended that the Section 6A.7, Nuisances, be inserted at the end of the section. Mr. Andrews agreed that moving the section to the end made sense. Mr. Clunan felt sections 6A.7, Nuisances, and 6A.8, Character should both be placed at the end of the section because as currently arranged, there were two more abstract points with concrete, objective points listed both before and after. It was agreed to make Character section 6A.9, and Nuisances section 6A.10.
Mr. Tracy inquired about permit expiration. Ms. Keene noted the underlined section regarding expiration was kept in the ordinance because it’s directly from the building code. Mr. Tracy wondered about a specific project currently underway being in violation based on these rules. Ms. Keene didn’t think the project in question would have been in violation. Mr. Tracy suggested adding the wording “well under way” to the statement of how much work needed to be done in a specified time. Ms. Reilly felt that wording was subjective and cautioned over changing a rule to accommodate one project. She inquired whether such a situation had happened before. Ms. Keene said the situation had never come up before. Mr. Clunan asked whether a property owner couldn’t just come
before the Board for a second permit. Ms. Keene answered yes, and the fees involved can be waived by vote of the Board of Selectmen. Mr. Andrews suggested allowing the CEO to have discretion over permit reissuance. After some discussion, the wording, “The CEO may extend the term of a building permit if in the view of the CEO special circumstances prevent compliance.”
With regard to road design and construction standards, Mr. Andrews suggested not creating a minor road status, but permitting a driveway to accommodate up to five homes. If more than five homes the driveway would need to become a road. Ms. Keene noted a road is a 50 foot right of way, with a sixteen foot road and 3 foot shoulders on both sides. She added that road construction standards were only in the subdivision section of the ordinance. Mr. Andrews suggested this could apply to any division, and the wording could simply be changed to say six or more lots. Ms. Keene felt the rule needed to be defined in the ordinance definition. Mr. Clunan inquired whether there were any standards in the LUZO of driveway construction. Ms. Keene pointed them out in section 6B.6, but noted there were no
road standards. Ms. Brawley suggested inserting road language in both places, ensuring it covered all types of subdivision, and noting that if a driveway serves more than five lots it has to be a road. Mr. Andrews noted that in the definitions, the number “2” can simply be replaced by the number “5”. He asked whether this would include both houses and businesses. Mr. Tracy mentioned that road traffic for a business can equal as much as that of five houses.
It was agreed to revisit this issue when the entire Board was present to discuss it.
Ms. Keene pointed out that Functional Land Divisions used to be in section 4.11, but are no longer there. She asked whether it was the Board’s intention to remove it, or just an oversight. The definition is there, but no criteria. After reviewing the missing section, Mr. Andrews felt it should be in there. Ms. Keene noted adding it would have to be done at the Town Meeting. Mr. Andrews asked whether, based on the previous language, a divided lot could be rebuilt on after demolition under the existing footprint? Ms. Keene noted she’d never been asked. She didn’t think an owner could tear a building down and rebuild on such a lot. She felt the intent was for houses that predate the ordinance. Ms. Reilly suggested that a house being rebuilt would then have to comply with
the new ordinance. Mr. Tracy stated that all old houses are eventually torn down. Mr. Andrews added that if not allowed to rebuild, the property owner would then be left with an empty, unbuildable, nonconforming lot. Mr. Tracy asked Ms. Keene to check with the Maine Municipal Association to see what their opinion was.
Ms. Keene received an email from Bob Young who owns a plumbing shop on Millbrook Road. He emailed to inquire about tearing down an addition on the lot and rebuilding it towards the end of his building. The rebuild would be almost double in size with a loading dock facing Stanley Lane. She asked whether such a project should come before the Board. Mr. Tracy felt that with the loading dock, it constituted a Services 3 classification, requiring it to come before the Board. Mr. Clunan reminded Ms. Keene that when she followed up with Mr. Young to mention to him that with the current schedule, this would not come before the Board until a March meeting.
Ms. Keene informed the Board that a woman in Mount Desert was building a therapeutic pool for animals. Ms. Brawley recused herself from the discussion, as she knew the woman in question. The pool was indoors and would be of a size that could accommodate no more than ten people. She intends the pool to be used by dogs only. The woman reported to Ms. Keene that she hopes to use the pool as a non-profit therapeutic facility for animals. Ms. Keene inquired of the Board whether they felt such a project would be zoned indoor noncommercial, or Services 2. It was agreed Ms. Keene should run the question by the Maine Municipal Association.
V. Adjournment
Ms, Brawley moved, with Ms. Reilly seconding, to adjourn. Motion approved 5-0. Meeting was adjourned at 8:00PM.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
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