Mount Desert, ME - Planning Board Meeting Minutes - 09/13/10 CUA Section 6 Mt. Desert Water District

Planning Board Meeting Minutes - 09/13/10 CUA Section 6 Mt. Desert Water District


	Conditional Use Approval Application # 014-2010 OWNER(S): Mount Desert Water District AGENT(S): Paul Slack, Superintendant LOCATION: 25 Hadlock Pond, Northeast Harbor TAX MAP: 5 LOT: 20 ZONE(S): C – Conservation PURPOSE: 3.4 – Public Utilities SITE INSP: 4:30PM 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: Findings of Fact(s): The project is located on Hadlock Pond Road and is surrounded by trees. The proposed work will not require removal of vegetation except for one tree as shown on the site plan. The proposed building addition is of a compatible size and visual affect of the existing building. Proximity to other structures: Findings of Fact(s): The proposed building is approximately 16’ from the existing building on the site, approximately 6’ from the proposed generator and approximately 4’ from the proposed generator concrete pad. Density of Development: Findings of Fact(s): The proposed building and the one existing building are the only buildings on the site. 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. Motion to approve by Joe Tracy; seconded by Schofield Andrews. Approved unanimously (5-0). 6A. 2 Erosion Control ; Conclusion of Law: Motion to approve by Schofield Andrews; seconded by Joe Tracy. Approved unanimously (5-0). 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 Motion to approve by Schofield Andrews; seconded by Joe Tracy. Approved unanimously (5-0). 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. X N/A ext-align:left;">Findings of Fact(s): The proposed structures do not increase the need for parking. Conclusion of Law: Sufficient off-street parking will be available: Motion that Section 6A.3 is not applicable by Schofield Andrews; seconded by Joe Tracy. Approved unanimously (5-0). 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. X N/A sp; 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 … "left" style="text-align:left;">1. Full cutoff. All lights greater than *1800 lumens (a 100 watt incandescent light produces 1800 lumens) shall be shielded to direct all light towards the ground. 2. Light trespass. All light shall be directed away from adjacent properties. The light sources in flood and spot lights shall not be directly visible from adjacent properties. High intensity light sources shall not be directly visible to motorists on public roads. 3. Excessive Lighting may not be used to direct attention away from existing business and community lighting. 1. The lighting of structural canopies such as gas station canopies shall not be used to attract attention to the business. Areas under structural canopies shall be illuminated so that the uniformity ratio (ratio of average to minimum illumination) shall be no greater than 5:1 with an average llumination level of not more than 30 footcandles. 2. Light fixtures located on structural canopies shall be mounted so that the lens cover is recessed or flush with the ceiling of the canopy. Findings of Fact(s): No additional lighting is proposed. Conclusion of Law: Motion that Section 6A.6 is not applicable by Schofield Andrews; seconded by Joe Tracy. Approved unanimously (5-0). 6A. 7 Stormwater ees 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. p; align:left;">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. Findings of Fact(s): Trees are being removed only for construction. Conclusion of Law: Motion that Section 6A.8 is not applicable by Joe Tracy; seconded by Schofield Andrews. Approved unanimously (5-0). 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. bsp; 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 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. Motion to approve by Schofield Andrews; seconded by Joe Tracy. Approved unanimously (5-0). 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: X N/A sp; div> 6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES X N/A (Except for Section(s): 6B.____________________) 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 Driveway setbacks from water bodies and wetlands. Driveways shall be set back at least one hundred (100) feet from the normal high water line of a great pond, and seventy-five (75) feet from the normal high-water line of any other waterbody, tributary stream or upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the driveway setback upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the waterbody, 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 as to avoid sedimentation of the waterbody, tributary stream or wetland. In reducing the setback, the Planning Board shall maintain, to the greatest practical extent, the seventy- five (75) foot setback; however, in no case shall the setback requirement be less than fifty (50) feet from the shoreline. This shall neither apply to approaches to water crossings, nor to driveways that provide access to permitted structures, and facilities located nearer to the shoreland due to an operational necessity, excluding temporary docks for recreational uses. Driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Section 6B.6 except for that portion of the driveway necessary for direct access to the shoreline. 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. Findings of Fact(s): Conclusion of Law: 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. e="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">t" style="text-align:left;">(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. d 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. sp; p; 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. bsp; 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. 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. sp; Conclusion of Law: 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. 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. sp; Section 6B – Pertinent Sections that Apply to Conditional Use Approval Application(s): Section(s): 6B.__________________________ Findings of Fact(s): Conclusion of Law: Motion that Section 6B is not applicable by Schofield Andrews; seconded by Joe Tracy. Approved unanimously (5-0). Findings of Fact(s): Conclusion of Law: Findings of Fact(s): Conclusion of Law: Findings of Fact(s): Conclusion of Law: SHORELAND ZONING STANDARDS X N/A (Except for Section(s): 6C.____________________) Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if applicable. 6C.1 Agriculture ; 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. Findings of Fact(s): Conclusion of Law: 6C.2 Archaeological Sites Conclusion of Law: 6C.3 Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting (CEO Authority) 6C.4 Commercial and Industrial Uses 6C.5 Erosion and Sedimentation Control es. 3. Permanent stabilization structures such as retaining walls or riprap. eft" style="text-align:left;">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. bsp; 6C.6 Essential Services e bsp; 6C.7 Parking Areas ont face="Arial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">2. Internal travel aisles: Approximately twenty (20) feet wide. nbsp; 6C.8 Marine Structure Performance Standards mize 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. sp; not be wider than six feet for non-commercial uses. rial;font-size:9pt;color:#000000;"> 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. an officially designated mooring area. ding no further than 75 feet into the water body. p; Conclusion of Law: 6C.9 Principal and Accessory Structures (CEO Authority) 6C.10 Roads and Driveways ; 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. Conclusion of Law: 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. met 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. 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. ign:left;"> 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. 3. 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. "#000000" style="font-family:Arial;font-size:9pt;color:#000000;">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. 6C.11 Septic Waste Disposal (CEO Authority) 6C.12 Soils bsp; Conclusion of Law: ______________________________________________________________________________ 6C.13 Timber Harvesting eft" style="text-align:left;"> 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. bsp; ext-align:left;"> nbsp; Conclusion of Law: 6C.14 Water Quality ributary stream or wetland. sp; Findings of Fact(s): Conclusion of Law: Findings of Fact(s): Conclusion of Law: Findings of Fact(s): Conclusion of Law: 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: None APPLICATION APPROVED: 09/13/2010 DENIED: (Date) (Date) NOTE: The holder of a Conditional Use Permit/Approval must construct and operate the approved conditional use as applied for and as represented during the permitting process to the Planning Board. NOTE: The Land Use Zoning Ordinance requires that a Conditional Use Permit/Approval must be undertaken within one year from the date of approval, or a new permit must be obtained. MINUTES OF THIS PUBLIC HEARING CONSTITUTE A PART OF THE RECORD FOR THIS MATTER SIGNATURES OF ALL VOTING BOARD MEMBERS: Ellen T. Brawley James L. Clunan Ellen T. Brawley, Chairman James L. Clunan, Acting Secretary Schofield Andrews Patti Reilly, Secretary Schofield Andrews III Joseph Tracy Joseph P. Tracy Gerard M. Miller, Jr. Robert Ho Robert P. Ho ORIGINAL SIGNATURES ON FILE IN TOWN OFFICE.