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Planning Board Meeting Minutes - 05/10/10
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Mount Desert Planning Board Meeting Minutes
May 5, 2010
Public Present Chuck Bucklin, David Burr, John Cawley, Robert W. Cawley, and Brian Hamor
Board Members Present
James Clunan, Vice Chairman; Schofield (Sandy) Andrews III; Joseph Tracy; Gerard M. Miller, alt; Patti Reilly, Secretary
Kim Keene, CEO; Claire Woolfolk, Recording Secretary
I. The meeting was called to order at 6:07 p.m.
II. The Approval of minutes from April 12, 2010 was moved to Other Business.
III. Public Hearings
Conditional Use Permits
A. Conditional Use Approval Application #006-2010
OWNER(S): Alissa C. Meredith, Trustee
Cawley Lake House Trust
APPLICANT: John Cawley
LOCATION: 45 Keewaydin Way, Mount Desert
TAX MAP: 9 LOT: 62 ZONE(S): SR5
PURPOSE: Section 6C.8 - Marine Structure Performance Standards
SITE INSPECTION: 4:00 PM
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
Site Inspection was attended by; Schofield (Sandy) Andrews III and Gerard M. Miller and reported by Schofield (Sandy) Andrews III.
The property is a family summer home and summer rental for up to 8 occupants and includes the use of plastic boats (canoes & kayaks). The new dock will be more attractive and stable than the current dock. The dock is to be constructed using the ShoreMaster brand distributed by Hammond Lumber in Bangor.
Mr. John Cawley proposed doing the project in two phases: Phase 1) the ramp and dock replacement to be 4’ wide by 37’ long; and Phase 2) 4’ X10’ section at the end of the dock for seating space. No changes would be made on the shore.
The Board stipulated that if approved, Phase 2 would have to be completed with in the year.
No correspondence from the public regarding the application. Mr. Robert W. Cawley, owner of neighboring Lots 61 & 63 abutting the property did not have a problem with the proposed change.
CEO, Kim Keene, reported no problems with what has been suggested.
MOTION TO APPROVE THE CONDITIONAL USE APPLICATION #006-2010 WAS MADE BY Schofield (Sandy) Andrews III; SECONDED BY Gerard M. Miller.
The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows:
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:
_X_ N/A ___ A
Physical Size:
Findings of Fact(s): The size of the dock with the Phase II extension would be 200 sq ft. The existing dock is 96 sq ft.
Visual Impact:
Findings of Fact(s): There are other docks on Eco Lake of similar size. The island blocks some views from Rt. 102. This dock replaces an existing dock.
Proximity to other structures:
Findings of Fact(s): The shore frontage is approximately 315ft. The existing and proposed site is 60 ft. from the adjacent lot #009-060.
Density of Development:
Findings of Fact(s): There is 5 acre zoning. The new dock replaces an existing dock.
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.
6A. 2 Erosion Control _X_ N/A ___ A
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 ___ A
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 ___ A
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 …
_X_ N/A ___ A
6A. 6 Lighting – Outdoor _X_ N/A ___ A
6A. 7 Stormwater _X_ N/A ___ A
6A. 8 Vegetation _X_ N/A ___ A
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.
____ N/A _X_ A
Findings of Fact(s): Docks for canoes and kayaks are common on Echo Lake. This dock replaces and existing dock.
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.
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 ___ A
Odors; X N/A ; 000;">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.
Findings of Fact(s): 6B.9 – The access from the shore will be from the existing surface, which shows no erosion. The location is several hundred feet from the nearest doc. There is no fishery. The completed proposed dock is approximately 200 sq ft.
Conclusion of Law: The board finds that the application conforms with the standards of 6B.9 Vote 5-0 in favor
SHORELAND ZONING STANDARDS
amond;font-size:9pt;color:#000000;">applicable.
6C.2 Archaeological Sites _X_ N/A ___ A
6C.5 Erosion and Sedimentation Control _X_ N/A ___ A
6C.6 Essential Services _X_ N/A ___ A
6C.7 Parking Areas _X_ N/A ___ A
6C.8 Marine Structure Performance Standards ____ N/A _X_ A
Marine Structure Definition. Piers, docks, floats, wharves, bridges over ten (10) feet in length, and other marine structures extending over or below the normal high-water line of a water body or within a wetland.
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.
X Applicable, standard met face="Garamond" size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">
X Applicable, standard met olor:#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.
X Applicable, standard met
applicant proposes to build a marine structure in an officially designated mooring area.
ft" style="text-align:left;">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. |
X Applicable, standard met 150%;vertical-align:150%;text-align:left;">Conclusion of Law: The proposed dock meets the applicable standards of section 6C8. Vote 5-0 in favor.
6C.10 Roads and Driveways _X_ N/A _ _ A
6C.12 Soils _X_ N/A _ _ A
6C.13 Timber Harvesting _X_ N/A _ _ A
6C.14 Water Quality _X_ N/A _ _ A
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. Vote 5-0 in favor.
APPLICATION
APPROVED: 05/10/2010 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.
Upon completion of the Land Use Zoning Ordinance Checklist, it was determined by the board that the suggested Phase 2 – (the 4’ X 10’ seating section at the end of the dock) exceeds the sec. 6C8.13 Dimensional Limits for docks over 10’ in length. Section 6C8.13 states that the maximum width of the walkway be 6’.
Two options for Phase 2 were offered by the board: 1) the 4’ X 10’ be installed as a float, or 2) the walkway could be as wide as 6’. Owner does not want a float so the application will be allowed for a width up to 6’.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CONDITIONAL USE APPLICATION #006-2010 CARRIED UNANIMOUSLY (5-0).
B. Conditional Use Approval Application #007-2010
OWNER(S): Brian E. Hamor
LOCATION: 145 Pretty Marsh Road, Somesville
TAX MAP: 10 LOT: 75 ZONE(S): SR2
PURPOSE: Section 3.4 – Commercial Outdoor Recreation Facilities
SITE INSPECTION: 5:00 PM
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
Site Inspection was attended and reported by Schofield (Sandy) Andrews III.
MOTION TO APPROVE CONDITIONAL USE APPLICATION #007-2010 MADE BY Joseph Tracy; SECONDED BY Gerard M. Miller.
The Standards of Section 6 of the LUZO, as amended May 4, 2010 were reviewed as follows:
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:
____ N/A --- X A
Physical Size:
Findings of Fact(s): The two old buildings are 150sq ft and the single new bilding will be 192 sq ft.
Visual Impact:
Findings of Fact(s): There will be one (1) building instead of two (2) that is no more visible from the road.
Proximity to other structures:
Findings of Fact(s): The nearest structure is a fence which separates the proposed buildings from the applicant’s residence on the same lot.
Density of Development:
Findings of Fact(s): The new building is replacing two existing buildings.
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. Vote 5-0 in favor.
6A. 2 Erosion Control --- X N/A --- A
1. Filling, grading. Filling, grading … shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
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.
p;X N/A --- A
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 …
--- X N/A --- A
6A. 6 Lighting – Outdoor --- N/A --- X A
may not be used to direct attention away from existing business and community lighting.
- 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.
- 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): The applicant will retain the existing outdoor lighting. None of the fixtures will be over 1800 lumens. Vote 5-0 in favor.
Conclusion of Law: The standard is applicable and is met by the applicant.
6A. 7 Stormwater --- X N/A --- A
6A. 8 Vegetation --- X N/A --- A
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.
--- N/A --- X A
Findings of Fact(s): The two existing buildings are being replaced by a single building with a slightly larger footprint. Vote 5-0 in favor.
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.
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 --- A
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
--- X N/A (Except for Sections) --- A
Findings of Fact(s): All of section 6B is N/A.
Conclusion of Law: Vote 5-0
SHORELAND ZONING STANDARDS
--- X N/A --- A
Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if
applicable.
6C.1 Agriculture N/A
6C.2 Archaeological Sites N/A
6C.5 Erosion and Sedimentation Control ---N/A
6C.6 Essential Services -- N/A
6C.7 Parking Areas N/A
6C.8 Marine Structure Performance Standards N/A
6C.10 Roads and Driveways N/A
6C.12 Soils N/A
6C.13 Timber Harvesting - N/A
6C.14 Water Quality N/A
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. Vote 5-0 in favor
APPLICATION
APPROVED: 05/10/2010 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.
Mr. Hamor proposes to replace two old buildings with a total foot print of 150 sq. ft. with one new building with a foot print of 192 sq. ft. The location of the new building will be in the same area as the two old buildings and will not change the visual impact other than to improve the appearance of the building and will be no more visible from the road than the current buildings. The building is to be used as boat storage.
The Board had no problems with the proposal after confirming that Mr. Hamor would retain the existing outdoor lighting which meets the LUZO 6A(6).2.1 requirement.
MOTION TO APPROVE MADE BY Joseph Tracy; SECONDED BY Gerard M. Miller.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CONDITIONAL USE APPLICATION #007-2010 CARRIED UNANIMOUSLY (5-0).
III. Subdivision(s):
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
Completeness Review:
David Burr & Holly Cozzi-Burr – 6 Gilpatrick Lane & 7 Maple Lane – land merger with abutters as defined in Title 30-A § 4401 (D) (6).
Board found the application Section 4 and 5 complete subject to the following additions/corrections:
- 4.2.2.1 Location of property map/lot add reference to Map 24/Lot 4-1 and 4-2.
- 4.2.2.2 Survey maps to show properties abutting and across the street, refer to the provided survey plan.
- 4.2.3 6 State that there are No Public Parcels.
- 4.2.3.11 Town Sewer add town utility map.
- 4.2.3.13 Refer to the provided survey plan.
- 4.2.3.14 –The property is not on flood plain.
- 5.1 Change N/A to Not Required
- 5.2 Change “are” to “will be” so that it reads “All other Laws and Regulations will be complied with.”
- 5.4 Change “are” to “and” so that it reads “No new ditches and catch basins being proposed.”
- 5.7 Change to read “The configuration of the two lots meets the zoning requirements.”
- 5.9 Change N/A to “Land is suitable for development.”
- 5.10 Change N/A to Not Required.
- 5.12 Change N/A to Not Required.
David Burr Subdivision
- Information on Parcel to be Subdivided:
1. Location of property: Map and Lot (from Town Tax Maps.)
Tax Map 24 Lots 4-1 & 4-2
- Information on Subdivision:
6. Location of all parcels to be dedicated to public use, the conditions of such dedication, as well as the location of all natural features of site elements to be preserved (show on Plat).
There are no public parcels located within the proposed subdivision.
11. Location and size of any existing and proposed sewers and water mains, and culverts and drains.
See attached the Town Utility Map for existing sewer and water main locations.
13. Names of abutters (show on Plat).
Please refer to provided survey plan
14. The Subdivider will determine, based on the Federal Emergency Management Agency’s Flood Boundary and Floodway Maps, whether the subdivision is in a flood prone area. If the subdivision, or any part of it, is in such an area the subdivider will determine the 100-year flood elevation and flood hazard boundaries within the subdivision.
Subject parcels are not located within the Floodplain.
5. GENERAL REQUIREMENTS
5.1 Buffer Strip
Not Required
5.2 Conformance with other Laws, Regulations
Planning Board Approval required when creating a subdivision. All other Laws and Regulations will be complied with.
5.4 Ditches, Catch Basins
No new ditches or catch basins being proposed. It’s a land division.
The lots configuration of the 2 lots meets the zoning requirements.
5.9 Land not Suitable for Development
Land is suitable for development.
Not Required
Not Required
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0) for the approval of Section 4; Section 5 approved subject to changes on items 11 and 14.
The draft minutes from the 4/12/2010 meeting were not approved. A quorum of members from the meeting was not present and the minutes have remained unapproved. The minutes will be placed on the agenda for the next meeting.
A motion was put forth to re-appoint current board members for an additional term. New Officers for the Board are to be Ellen Brawley, Chair; James Clunan, Vice Chair; Patti Reilly, Executive Secretary; Schofield (Sandy) Andrews III, Joseph Tracy, and Gerard M. Miller. It was noted that there are still two positions to be filled.
MOTION TO APPROVE MADE BY Gerard M. Miller; SECONDED BY Schofield (Sandy) Andrews III.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5-0).
Joseph Tracy suggested that the board prioritize the itemized list of objectives in the Comprehensive Plan with ratings of 1, 2, 3 or 0 and return them at the next meeting. The goal is to have half of the strategies completed by the time the next plan is written. Joseph Tracy also suggested that an entire meeting be devoted to going over the ratings.
The Board asked Ms. Keene, CEO, for a new LUZO checklist showing the changes suggested during the review process of Applications #006-2010 and #007-2010.
- Meeting adjourned at 8:47. p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, May 24, 2010 in the Meeting Room, Town Hall, Northeast Harbor.
MOTION TO ADJOURN MADE BY Gerard M. Miller; SECONDED BY Schofield (Sandy) Andrews III.
Respectfully submitted,
ORIGINAL SIGNATURE ON FILE IN TOWN OFFICE.
Patti Reilly, Secretary
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