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Planning Board Meeting Minutes - 03/22/10
Town of Mount Desert Planning Board Public Hearing
Minutes of March 22, 2010

Public Present
John Macauley, Heidi Welch, Ali Rizvi, Doug Chapman, Ruth Baldwin, Scott McFarland, Debra Deal, Deb DeWalt, John Kelly, Kevin Downey, Kerri Russell, Chuck Bucklin, Jim Patterson, Robert Smedberg, Aleita Burman, Ruth Braun, Duane Braun, Sumner Rulon-Miller, Jerome Suminsby, Dick Broom, Allan Schuman, Peter J. Brown, Mike Musetti, and Marilyn Damon

Board Members Present
Ellen Brawley, Jerry Miller, Joseph Tracy, James Bright, James Clunan, and Sandy Andrews.

Kimberly Keene, CEO, Heidi Smallidge, Recording Secretary

I.      Call to Order
The meeting was called to order at 6:20 p.m. by Mr. Bright.

II.     Approval of Minutes from March 8, 2010:

        It was agreed to table the Minutes.

III.    Conditional Use Approval Application(s):  

Conditional Use Approval Application # 004-2010
OWNER(S):       Camp Beech Cliff
                Camp Beech Cliff, Inc.
                JF Cliff, LLC
APPLICANT(S):  Camp Beech Cliff, Inc.
                Debra Deel, Executive Director
AGENT(S):       Edwin MacArthur
LOCATION:       264 Beech Hill Road, Mount Desert
TAX MAP:  7 LOT:  89, 90 & 91 ZONE(S):  RW3, SR5 & RP
PURPOSE:        Section 3.4 – Indoor & Outdoor Recreational – Existing Summer Day Camp & Section 4.3.3 – Non-conforming Structures Reconstruction or Replacement
SITE INSPECTION:  4:00 PM       

Mr. Bright informed the audience that due to the variety of zones involved in the project the application would have to be reviewed by zone rather than trying to cover the entire project.  He stated his plan to conclude the meeting by 9:00 pm, and felt the business of the meeting may not be concluded at that time.  

Mr. Andrews agreed to act as Secretary in Ms. Reilly’s absence.  It was agreed by the Board that the voting members would be Mr. Tracy, Mr. Clunan, Mr. Bright, Mr. Andrews, and Mr. Miller.  Mr. Bright read the Conditional Use Approval Application notice.  It was noted there was adequate public notice given and no conflict of interest was found among the Planning Board members.  

Mr. Clunan, Mr. Bright, and Mr. Miller were in attendance at the inspection.  Mr. Clunan reported that the project was on the Beech Hill Road.  It was the last privately owned three lots of land before Acadia National Park.  In some places the land slopes very steeply toward Echo Lake.   Mr. Clunan mentioned he did not see the section of the project where staff bunkhouses would be located.  The other three buildings were on the water and were slated for reconstruction.   Mr. Clunan was impressed with the thorough inspection, but was concerned regarding the steep roads planned.  There were two roads to the water, one of which terminates approximately 300 feet from shore, and the other terminates approximately 200 feet from the shore.  He noted these were to be used for emergency vehicle access.   Mr. Clunan mentioned there is a stream within the property and wetlands to the south.  There is a second, intermittent stream that takes runoff from the road.  

There were no comments from the CEO at this time.  Mr. Bright suggested hearing the presenters prior to beginning the review.   Mr. Bright further noted it would be preferable to limit the presentation to information pertinent to the actual plans for reconstruction.  

Ms. Deal gave an overview of Camp Beech Cliff.  She noted that the camp buildings were built on surface rock which had allowed for settling and shifting to occur over the years.  There was rot in some of the wood.  She felt the buildings had reached the end of their lifespan.  The improvements planned had four goals: investing in the camp’s future, making the camp safe, attracting and keeping high quality staff, and maintenance and security issues.  She stated that wetlands and steep slopes limit the space available for development.  The Camp Beech Cliff Board created a master plan to encompass these limits and goals.  It became clear it was more cost efficient to do all the necessary work at once, rather than in pieces.

Robert Smedberg, Senior Project Manager and civil engineer for VHB Company pointed out the various zones the group had to work with when creating their plans.  He stated the project was designed to embellish what was already on site, manage the constraints on the land, limit the environmental impact and create a sustainable design.  He noted the proposed changes mimic the existing plan.  At Mr. Bright’s request, a review of where the zones split was made.   Mr. Clunan noted that the Board only needed to review certain aspects of the project as they applied to the ordinance, specifically those whose height exceeded 40 feet or fell within the shoreland zone.  Mr. Rizvi of the VHB Company spoke about the one building on the site whose height looks to exceed the 40 foot height.  He informed the Board that the position of the building, on a slope, gives it a height noted on the plan as 46 foot, 8.5 inches.  Mr. Azri noted the building was built as such to allow for a peaked roof to minimize snow accumulation, minimize disturbance of the site, and accommodate activity inside.  Mr. Clunan noted that per page 3-14 of the ordinance the Town can grant a conditional use provided the height will not adversely the visibility in the Town.  

Mr. Bright turned the focus to the buildings on the waterfront.  It was his opinion that the buildings were currently nonconforming.  He asked how the conditions could be met so as to make them less nonconforming.  Mr. Smedberg stated the cabins would be rebuilt in the footprints of those in existence.  He noted that all buildings within the shoreland zone are in a heavy state of disrepair.  They would be expanded under the 30% expansion provision.  Mr. Smedberg noted the plan included a boardwalk.  This would avoid erosion of the shore and safety problems.  Mr. Miller inquired whether this would allow a physically challenged child, such as one in a wheelchair, full access of the shore.  Mr. Smedberg believe that yes, the concept should allow full access.  
Mr. Tracy inquired how an injured person would be removed from the area.  Ms. Deal said a six person litter was used for removal.  Once the improvements were made, a four wheel drive vehicle would be able to get close to the area making for quicker removal.  Mr. Andrews noted that the boardwalk was much better than a trail for maintaining the area’s vegetation.  Ms. Deal also noted the area was currently inaccessible for any adult with trouble walking or otherwise incapacitated.  

Ms. Brawley asked whether the boardwalk was considered a nonconforming structure.  Ms. Keene confirmed it was and noted a variance with the Board of Appeals would need to be made.   It was noted the boardwalk would not be attached to the cabins and would be a four foot width with possibly some variation.  The Board agreed that in principle, they were not opposed to the boardwalk.  Mr. Smedberg added that they were currently working with the DEP as well on permitting the project.   The Board informed applicants that although they were not in opposition to the boardwalk, the ordinance would not allow them to approve it.  After some discussion, Mr. Smedberg requested that the boardwalk aspect of the project be removed from the application.  This was agreed to by general consensus.

Appraiser Jerome Suminsby answered several questions regarding how the property was evaluated.  Ms. Keene stated that the DEP’s opinion was that the best option is to rebuild within the footprint.  

Ms. Brawley inquired whether emergency services had approved the road.  Ms. Keene noted they encourage the road being built.  Mr. Bright questioned what the runoff would be like.  Ms. Keene noted there is drainage ditching.  All Town Department Heads had seen it and felt it was acceptable.    Mr. Smedberg explained that to design a roadway in compliance with the ordinance would have forced a serpentine road, taking out much of the slope and a lot of vegetation.  It proved to be impractical from a grading standpoint.  He added that the second reason for keeping as much vegetation in place was the forest floor is an excellent system for handling stormwater runoff.  It was noted the road would be crowned and there would also be a bio-retention swale to handle runoff.  Mr. Bright inquired how the filter system for the swale would be kept clear.  Mr. Smedberg noted there was a maintenance plan which requires the system to be checked and cleaned twice a year.  Mr. Bright felt this would have to be included in the conditions of approval.  

Mr. Andrews asked about the road.  He noted the Shoreland Zone was very clear in not allowing the Board to waive the rules on things like roads.  Mr. Patterson noted the only new road was outside the shoreland zone.  

Mr. Bright called for a motion to approve.  Mr. Clunan move, with Mr. Tracy seconding, to approve the application as revised.  

Ms. Keene stated she had received a letter from the Sellers from across the road.  The item was open for discussion.  There was no discussion.  



CHECKLIST
Land Use Zoning Ordinance of the Town of Mount Desert

** 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):    1 – 50+ acres of land 2 – All buildings except for 46 foot high building,               
        are within dimensional standards of Section 3.5.                                                        
                                                                                                        

Visual Impact:
Findings of Fact(s):    1 – Heavily wooded site.  2 – Roof heights below skyline and treetops.          
                                                                                                        
                                                                                                        

Proximity to other structures:
Findings of Fact(s):    1 – 18 structures on 50 ± acres. 2 – 200 feet ± from nearest non-owned
structure.                                                                                                                                                                                                       

Density of Development:
Findings of Fact(s):    18 structures equaling a one-acre footprint on 50 ± acres.                      
                                                                                                        
                                                                                                        
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,  See footnote H-1.  And camp provides a valuable service to the Town.                    
                                                                                                        
                                                                                        Vote 6-0        

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):    the proposed plan, provided by the applicant, follows the guidelines            
        provided in the Maine Erosion and Sediment Control BMP manual.                          
                                                                                                        

Conclusion of Law: Filling, grading, etc. will be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
the proposed plan, provided by the applicant, follows the guidelines provided in the Maine Erosion and Sediment Control BMP manual.                                                                                                                                                                      Vote 6-0        

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           "Arial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">        roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed.

Findings of Fact(s):    The project involves the renovation of an existing camp use.  There will be     
        no significant additional impact to highway safety.                                             
                                                                                        Vote 6-0        

Conclusion of Law: The proposed use will not cause unreasonable congestion on highways or public roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed.                                                                                                  Vote 6-0        

Sufficient off-street parking shall be available:
Findings of Fact(s):    1 – Plan includes parking for 30 or so cars.  2 – for special events, staff arranges    
        Off site parking.                                                                                       
                                                                                        Vote 6-0        

Conclusion of Law: Sufficient off-street parking will be available:
        Off street parking is available, in compliance with submitted parking plan.                                                                                                                              
                                                                                        Vote 6-0        

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):            Existing camp – no additional impact to Town services.                  
                                                                                                        
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Conclusion of Law:      The proposed use of     Camp Renovation                  will not unduly burden the capacity of the Town's facilities.  [In particular, an undue burden will be placed upon]    
                                                                                                        
                                                                                                        
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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):    Proposed plans provided to Board have been developed to minimize                        environmental impacts.                                                                                                                                                                   Vote 6-0        

Conclusion of Law:      Proposed land use of    camp renovation                  will 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.
                                                                                                                                                                                                                                                                                                         Vote 6-0        

6A. 6   Lighting - Outdoor
nbsp;bsp;                                                  
                                                                                        Vote 6-0        

Conclusion of Law:                                                                                      
                                                                                                        
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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):            Renovation of an existing camp.                                         
                                                                                                        
                                                                                        Vote 6-0        
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                                                                                                                                                                                                                                    

6A. 9   Stormwater
nbsp;         X Applicable, Standard Met      ;                                                

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.

by the applicant.  1 – Renovation plan 
        preserves as much vegetation as possible.                                                       
                                                                                        Vote 6-0        

Conclusion of Law:              Applicable, standard met                                                
                                                                                                        
                                                                                        Vote 6-0        

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           ="font-family:Arial;font-size:9pt;color:#000000;">X N/A           p;                                                              
                                                                                                        
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.

                                                                        
                                                                                        Vote 6-0        

Conclusion of Law:                                                                                      
                                                                                                        
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6B. 8   Fences and walls
X N/A           sp; Fresh Water Related Structures
1.      Access from shore shall be developed on soils 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           p;                               Vote 6-0        

Conclusion of Law:                                                                                      
                                                                                                        
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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   ial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">X       N/A
;                                                                                                    
                                                                                                        
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6B.16   Sign Regulations

3.      Signs Permitted: Temporary Signs:
         X N/A            p;                                                                
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4.      Signs Permitted:  Permanent Signs:
                       X N/A      
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.

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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           nbsp;                                    
                                                                                                        
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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                                                                                               Vote 6-0        

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           #000000;">Findings of Fact(s):                                                                                    
                                                                                                        
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Conclusion of Law:                                                                                      
                                                                                                        
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SHORELAND ZONING STANDARDS

Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if
applicable.

6C.2    Archaeological Sites

Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority.  The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.

X N/A           p;                        Vote 6-0        
Conclusion of Law:                                                                                      
                                                                                                        
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6C.5    Erosion and Sedimentation Control

1.      Soil erosion plan for unstabilized soil. All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan.  The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:

1.      Mulching and revegetation of disturbed soil.

2.      Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

3.      Permanent stabilization structures such as retaining walls or riprap.

2.      Development to fit topography. In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site.  Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

3.      Erosion control measures. Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.

4.      Stabilization of bare ground. Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures.  In all cases permanent stabilization shall occur within nine (9) months of the initial date of exposure.  In addition:

1.      Where mulch is used, it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet and shall be maintained until a catch of vegetation is established.

2.      Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

3.      Additional measures shall be taken where necessary in order to avoid siltation into the water.  Such measures may include the use of staked hay bales and/or silt fences.
5.      Drainage ways and outlets. Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainage ways shall be designed and constructed in order to carry water from a twenty five (25) year storm or greater, and shall be stabilized with vegetation or lined with riprap.

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6C.6    Essential Services

1.      Limited to public ways. Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

2.      Exclusion from RP, Stream Protection. The installation of essential services, other than road-side distribution lines, is not allowed in a Resource Protection nor Stream Protection District except to provide services to a permitted use within the Stream Protection District or except where the applicant demonstrates that no reasonable alternative exists.  Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

3.      Damaged lines. Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

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6C.7    Parking Areas

1.      Setback from water. Parking areas shall meet the shoreline and tributary stream setback         requirements for structures for the district in which such areas are located, except that in the        Shoreland Commercial District parking areas shall be set back at least twenty-five (25) feet,   horizontal distance, from the shoreline.  The setback requirement for parking areas serving     public boat launching facilities in Districts other than the Shoreland Commercial District shall be     no less than fifty (50) feet, horizontal distance, from the shoreline or tributary stream if the        Planning Board finds that no other reasonable alternative exists further from the shoreline or       tributary stream.

2.      Adequate size. Parking areas shall be adequately sized for the proposed use and shall be        designed to prevent stormwater runoff from flowing directly into a water body, tributary stream         or wetland and where feasible, to retain all runoff on-site.

3.      Determination of size. In determining the appropriate size of proposed parking facilities, the  following shall         apply:

        1.   Typical parking space: Approximately ten (10) feet wide and twenty (20) feet long,                                       except that parking spaces for a vehicle and boat trailer shall be forty (40) feet long.

2.      Internal travel aisles: Approximately twenty (20) feet wide.

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6C.8    Marine Structure Performance Standards

X N/A           ="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">        1.     Access from shore. Access from the shore shall be developed on soils appropriate for such use and measures shall be taken to minimize soil erosion both during and after construction.  Whenever possible, 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 hare 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.

                imit. 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, harvest in  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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6C.14   Water Quality

No activity shall deposit on or into the ground or discharge to the waters of the State any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body, tributary stream or 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:

        1 -Camp Beech Cliff to provide to the CEO in the fall and spring of each year a completed               
             long-term maintenance and operations checklist for the stormwater quality control system.  
        2 – No night lighting on shoreline except for emergency or other unusual circumstances.         
                                                                                                        
                                                                                                        
                                                                                                        


III.    Adjournment

Mr. Miller moved to adjourn.  Motion was approved by general consensus.  Meeting adjourned at 9:40 pm.

Respectfully Submitted,
Heidi Smallidge, Recording Secretary