Town of Mount Desert Planning Board Public Meeting
Minutes of October 20, 2010
Public Present
Story Litchfield, Noel Musson of CES Inc., Robert Flynn, Margaret Flynn, Judy Holmes, Rick Savage, James Bright & Sydney Roberts Rockefeller
Board Members Present
Ellen Brawley, James Clunan, Jerry Miller & Sandy Andrews
Kimberly Keene, CEO
Heidi Smallidge, Recording Secretary
I.~~~~~~Call to Order
The meeting was called to order at 4:05 p.m. by Ms, Brawley.
Mr. Miller agreed to act as Secretary.
II.~~~~~~ Conditional Use Approval Application # 017-2010
OWNER(S): ~Town of Mount Desert – Northeast Harbor Marina
AGENT: ~Noel Mussen, CES, Inc.
LOCATION: ~18 & 41 Harbor Drive, Northeast Harbor
TAX MAP(S): ~24 & 26 LOT(S): ~147, 148 & 47 ZONE(S): SC
PURPOSE: ~6B.7 – To review the Northeast Harbor Marina Re-development Project.
It was confirmed there was adequate public notice. ~Mr. Clunan noted the application lists 12 abutters, however there are actually 14; the Town and the Yachtsman’s being the additional two. He inquired whether these two were also notified. Ms. Keene confirmed they were. Mr. Clunan requested the additional abutters be added to the application. There was no conflict of interest reported. Ms. Brawley inquired whether there was any correspondence. Ms. Keene stated there was not.
It was noted this was the second meeting regarding this application. The site inspection was held prior to the last meeting and confirmed in the last meeting’s minutes.
Mr. Clunan moved, with Mr. Miller seconding, to approve the application.
Ms. Holmes inquired what was being discussed for approval. Mr. Musson stated he had resubmitted the plan in its entirety, due to missing material at the last meeting. Mr. Andrews suggested that because the use is already in existence, this was a grandfathered project and did not require any approval. Ms. Brawley noted there was a modification which required the Board review and approve. Mr. Andrews reminded the Board that they were not there to approve the design, only the standards. Mr. Bright opined that the only approval needed was on the excavation and the new visitors center. All else was grandfathered. Ms. Holmes asked who decides on the design of the project. Mr. Andrews answered that the owner decides the design, which in this case would be the Town and the Harbor Committee.
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
Section 6B starts on page 10.
Section 6C starts on page 21.
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): The site is already used as a marina. The use will not change as a result
Of the proposed site development. The site is comprised of lots both owned by the Town.
Visual Impact:
Findings of Fact(s): Same as above. Three buildings will be removed and replaced.
Proximity to other structures:
Findings of Fact(s): Same as above
Density of Development:
Findings of Fact(s): Same as above.
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.
(4-0)
6A. 2 Erosion Control
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 +0" color="#000000" style="font-family:Calibri;font-size:9pt;color:#000000;">
(4-0)
3. Tilling of soil. Where soil is 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 t-align:left;">
Conclusion of Law:
(4-0)
6A. 3 Highway Safety The proposed use shall 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
Findings of Fact(s): There will be no increase in the volume of traffic. A five-way intersection
will be eliminated. Pedestrian traffic from the waterfront to the parking area will be safer.
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. (4-0)
Sufficient off-street parking shall be available:
Findings of Fact(s): There will be no decrease in the number of parking spaces.
Conclusion of Law: Sufficient off-street parking will be available:
(4-0)
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): Use will not change.
Conclusion of Law: The proposed use of marina redevelopment will not unduly burden the capacity of the Town's facilities. [In particular, an undue burden will be placed upon]
_________
(4-0)
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): The site has been used as a marina and waterfront for many years and will not cause undue impact either during or after construction.
Conclusion of Law: Proposed land use of marina redevelopment 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.
(4-0)
6A. 6 Lighting – Outdoor
:150%;text-align:left;">Findings of Fact(s): Lighting specs are included in the application. Full cutoff lights will be
used (6A.6.1) and light trespass (6A.6.2) is covered by the plan.
Conclusion of Law: Proposed lighting plan meets the standards by 6A.6.
(4-0)
6A. 7 Stormwater
v align="center" style="line-height:115%;vertical-align:115%;text-align:center;">
a. Wooded buffer width. If the buffer is presently wooded, it shall be at least 25 feet in width. Removal of trees and other vegetation within the buffer cannot result in any cleared openings or disturbance of the existing forest floor except for removal of dead trees and safety hazards.
b. Non-wooded buffer width that revert to woods. A minimum 25-foot wide non-wooded buffer may also be used if it is allowed to revert to woods or is planted with shrubs or similar landscaping which minimizes disturbance of ground vegetation and leaf litter.
c. Non-wooded buffer width. If a non-wooded buffer is to be maintained as a field, it shall be at least 50 feet in width and mowing limited to no more than twice per year.
d. Buffer alternatives. Berms, detention basins or other alternatives as approved by the Code Enforcement Officer may be used instead of vegetated buffers if they are designed to intercept and then spread out and soften the flow of stormwater without channeling it. The Code Enforcement Officer is authorized to request the review and endorsement of any such alternatives by the Hancock County Soil and Water Conservation District, the cost of which shall be borne by the Applicant.
X N/A ign:115%;text-align:center;"> X N/A the intent of Stormwater Standard will be complied with. In making this determination, the Code Enforcement Officer may request the review and endorsement of the Hancock County Soil and Water Conservation District. The cost of such assistance shall be borne by the applicant.
X N/A nbsp;
Conclusion of Law: A stormwater plan satisfactory to the Code Enforcement Officer has been submitted. In particular,
(4-0)
6A. 8 Vegetation
X N/A: Findings of Fact(s): The proposed use will include no clearing of trees or conversion to other vegetation.
Conclusion of Law: Section 6A.8 is not applicable.
(go to Section 6A.9, page 9)
lor:#000000;">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.
- 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.
Findings of Fact(s):
Conclusion of Law:
(4-0)
6A. 9 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 area is used as a marina and waterfront area.
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,
(4-0)
6A. 10 Nuisances Notwithstanding any other standard in this section, the Planning Board shall not issue any Conditional Use Approval for any proposed use which if established would be obnoxious or offensive by reason of:
Odors; X N/A Standard Not Met
Vibration; X N/A bsp;
Conclusion of Law: The proposed use will not be obnoxious or offensive by reason of odors, dust, smoke, gas, fumes, vibration, noise, outdoor lighting or other nuisances.
(3-1) Clunan
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture le, see below
6B.4 Boat Storage gn:left;">6B.13 Mineral Exploration and Extraction Section 6B is not applicable, except for Sections(s): 6B.7_____________ (4-0)__
If no sections applicable, go to Section 6C, page 20. For the subsections 6B.1 through 6B.17, please record applicable Findings of Fact and Conclusions of Law on pages 31 and/or 32.
6B. 1 Agriculture In non-shoreland areas, all spreading or disposal of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209). In shoreland areas, all spreading or disposal of manure shall comply with Section 6C.1.
6B. 2 Air Landing Sites No air landing site shall be developed or used for such purpose without Conditional Use Approval of the Planning Board.
6B. 3 Beach Construction Beach construction on any great pond, river, stream, brook, or coastal wetland shall require a permit from the State Department of Environmental Protection.
6B. 4 Boat Storage No boat in excess of twenty four (24) feet length shall be stored or parked on any residential property within the Town except as such vessel shall be owned or be within the exclusive use or control of the property owner, and shall meet the setback requirements of the district in which the property is located, and in no event shall be stored or parked less than ten (10) feet from the rear line of said property.
6B. 5 Campgrounds Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following:
1. Minimum site size. Camping areas shall contain a minimum of five thousand (5,000) square feet of suitable land, not including roads and driveways, for each site.
2. Water setback. The area intended for placement of the recreational vehicle, tent, or shelter and utility and service buildings, shall be set back a minimum of seventy (75) feet from the normal high water mark of any pond, river, or salt water body as defined.
6B. 6 Driveway Construction
Driveways in Shoreland Districts must comply with the standards of section 6C.10.
6B. 7 Excavation (other than gravel pits) 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 ten (10) to less than fifty (50) cubic yards is allowed, except in the Stream Protection District where a Code Enforcement Officer permit is required, and is prohibited in the Resource Protection District. Excavation and filling, greater than fifty (50) cubic yards shall require Conditional
Use Approval of the Planning Board, and is prohibited in the Resource Protection District. Appropriate measures shall be taken to prevent erosion during or after the filling or excavation, and the applicable standards of Section 6B.13 shall be complied with. 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.
6B. 8 Fences and walls
Such fences or walls shall not unduly restrict scenic views. The structural side of the fence shall not face the public view.
1. A Code Enforcement Officer Permit may be issued for solid fences or walls up to six (6) feet in height provided that:
1. A setback of six (6) feet is maintained from roads, sidewalks, and right-of-ways.
2. It does not obstruct highway visibility.
3. A plan for vegetative screening, in the six (6) foot setback area, is provided that produces a minimum of twenty (20) percent cover of the fence or wall area. The plan must be implemented and maintained.
4. Such fences or walls shall not unduly restrict scenic views.
5. The structural side of the fence shall not face the public view.
6B. 9 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.
6B. 10 Home Occupations and home offices (CEO Authority)
6B. 11 Lots (CEO Authority)
6B. 12 Manufactured Homes (CEO Authority)
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.
6B.14 Mobile Homes (temporary), Campers, Trailers and Recreational Vehicles (CEO Authority)
6B. 15 Sanitary Standards
1. Availability of public sewer. All plumbing systems within two hundred (200) feet of a public sewer shall be connected to public sewer where available in accordance with local, state, and federal laws and regulations. The Planning Board may waive this requirement if all other standards of Section 6A and the applicable standards of Section 6B are met.
" size="+0" color="#000000" style="font-family:Calibri;font-size:9pt;color:#000000;"> nt face="Calibri" size="+0" style="font-family:Calibri;font-size:9pt;">(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, othe equipment, and camouflaging, as described in the submitted plan.
00000;"> Not Acceptable
(e)~ Details of all accessory structures, including buildings, parking areas, utilities, gates, access roads, etc.
ion 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 technologica requirements of the proposed communications service.
font face="Calibri" size="+0" style="font-family:Calibri;font-size:9pt;">(j)~ Identification of any other communications facilities existing or proposed on the site.
information from a potential co-location applicant.
[2]~ Negotiate in good faith for shared use by other parties.
mily:Calibri;font-size:9pt;color:#000000;"> Not Acceptable
Findings of Fact(s):
Conclusion of Law: All required submissions have / have not been submitted in a form acceptable to the planning board, or have been waived.
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.
aramond" size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">r="#000000" style="font-family:Calibri;font-size:9pt;color:#000000;"> Acceptable > Not Acceptable
(i)~ Advertising and commercial signs shall not be permitted on a communications facility.
sp;
Conclusion of Law: All communications facilities will/will not be designed to blend into the surrounding environment to the greatest extent feasible.
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.
Not Acceptable
(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.
Conclusion of Law: The proposed communications facility will / will not be located so as to minimize its visibility and to minimize the total number of towers in the Town.
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.
font face="Calibri" size="+0" color="#000000" style="font-family:Calibri;font-size:9pt;color:#000000;"> Not Acceptable
(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.
left" style="line-height:115%;vertical-align:115%;text-align:left;">(g)~ Adequate bonding for removal of the communications, facility, in a form, and amount acceptable to the Town Manager has been submitted.
nbsp;
Conclusion of Law: The proposed communication facility does / does not meet the listed criteria and standards. In particular:
SHORELAND ZONING STANDARDS
Section 6C
Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if applicable.
p; (go to page 33)
6C.1 Agriculture ce="Calibri" size="+0" color="#000000" style="font-family:Calibri;font-size:9pt;color:#000000;">6C.10 Roads and Driveways nbsp; Sections(s):6C._____5, 6, 7, 10, 12_______________ _ _(4-0)___
For all applicable subsections, please record findings of fact and conclusions of law on page 31 and/or 32.
6C.1 Agriculture
1. Manure spreading. All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209).
Manure storage. Manure shall not be stored or stockpiled within one hundred (100) feet, horizontal distance, of a great pond or within seventy-five (75) feet horizontal distance, of other water bodies, tributary streams, or wetlands.
Livestock grazing areas. Newly established livestock grazing areas shall not be permitted within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond; within seventy-five (75) feet, horizontal distance, of other water bodies and coastal wetlands, nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands.
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.
6C.3 Clearing or Removal of Vegetation for Activities other than Timber Harvesting
6C.4 Commercial and Industrial Uses
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.
ace="Calibri" size="+0" color="#000000" style="font-family:Calibri;font-size:9pt;color:#000000;"> t;color:#000000;"> rates 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.
p; X Acceptable />
Requirement. All marine structures shall require Conditional Use Approval of the Planning Board and compliance with the performance standards below before Conditional Use Approval will be granted.
The Planning Board may require the submission of an environmental impact assessment on natural areas and may require mitigation measures such as 1.) Changes in the design and/or location of the marine structure, and/or 2.) Changes in the magnitude of activities on the marine structure.
The performance standards are as follows:
Commercial and public marine structures are exempt from requirements 13 through 16.
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.
amily:Calibri;font-size:9pt;color:#000000;"> 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.
ze:9pt;color:#000000;"> 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.
ze:9pt;color:#000000;"> solid none;border-width:0px 1px 1px 0px;border-color:#000000;border-collapse:collapse;">225 feet 1 |
