Town of Mount Desert Planning Board FINAL
Minutes of February 9, 2009
Public Present
Matt Worthen, Noel Musson, Mike Musetti, Sam Fox, Rob Benson, Seth Singleton, Benjamin Moore, Alice Carter, Debbie Musetti, David Ashmore, Jacqueline Spofford, Koula Spofford
Board Members Present
Jerry Miller, Joseph Tracy, Patty Reilly, and Sandy Andrews
Kimberly Keene, CEO
I. The meeting was called to order at 6:07 p.m.
Sandy Andrews agreed to act as Acting Chairman for tonight’s meeting. It was agreed by general consensus to take the agenda out of order.
Decision on the proposed Land Use Zoning Ordinance, State of Maine Shoreland Zoning Ordinance, Building Code & Rural Wastewater Treatment Support Program Ordinance Changes:
Ms. Keene reminded the Board of the last workshop’s progress with several proposed changes. Mr. Tracy moved to remove the section of the LUZO that refers to the minimum 5 foot setback for a driveway as measured from the property line. Mr. Miller seconded. Motion approved 4-0.
Mr. Tracy moved to remove the street or road design construction standard 6.B.18 from the LUZO. Mr. Miller seconded the motion. Motion was approved 4-0.
Ms. Keene reminded the board that the State is mandating an adoption of the State Shoreland Zoning Amendments. Tom Martin of Hancock County Planning Commission provided the Town with a proposal to write the ordinance. He created the Town of Trenton’s ordinance, though it has not been approved by the DEP as of yet. The Town of Mount Desert can choose to adopt the one created for the Town of Trenton, or insert the new regulations as a subsection. Mr. Andrews inquired as to how would readers know when to reference the subsection. Ms. Keene suggested having Mr. Martin provide references throughout the body of the ordinance. Mr. Miller moved to have Mr. Martin look over the Town of Mount Desert’s LUZO and come up with changes, making sure there are no conflicts with the new shoreland zoning
standards. Mr. Tracy seconded the motion. Motion approved 4-0.
Ms. Keene addressed the Board to discuss the Building Code for the Town of Mount Desert and noted that there are no provisions within the existing code to allow temporary Certificate of Occupancy’s. She requested the Board to authorize the addition of language to allow for temporary Certificate of Occupancy’s provided there are no serious life safety hazards that exist as determined by the authority having jurisdiction. Mr. Miller moved to have wording added to the Certificate of Occupancy section to allow for temporary Certificates of Occupancy in cases where there is no life threatening situations, as per judgment of the Town’s authorized agent. Mr. Tracy seconded. Motion was approved 4-0.
Ms. Keene reminded the Board that the Town approved a tax payment plan; however the Rural Wastewater Support Program Ordinance requires payment of taxes by December 1st. Mr. Tracy moved that the wording of the Wastewater Ordinance be changed to reflect the new payment plan and require that tax payments be current with the Town’s program or paid in full by December 1st. Mr. Miller seconded the motion. Motion was approved 4-0.
II. Conditional Use Approval Application (s):
Conditional Use Approval Application(s):
A. Conditional Use Approval Application # 001-2008
OWNER(S): Michael Musetti
AGENT: Debbie Musetti
LOCATION: 49 Hall Quarry Rd., Hall Quarry
TAX MAP: 007 LOT: 1-1 ZONE(S): R2
PURPOSE: 6 Lot Subdivision
Notice was published in the local newspaper, despite the fact that it was not necessary, due to this being a continuance of the public hearing. Ms. Reilly inquired as to whether discussions her husband, Brian Reilly of Maine Coast Heritage Trust, had with Ms. Musetti regarding land conservation of some of the property could be considered a conflict of interest. Ms. Musetti noted those conversations had not progressed. It was agreed there was no conflict of interest.
Mr. Andrews asked what has changed with the project since the last discussion.
Noel Musson of CES Engineering noted that the biggest change was essentially a land swap between Seth Singleton and the Musetti’s. An extra driveway was added, and Lot Four is entered from the Hall Quarry road. Any runoff created from these changes has been engineered so it flows away from the Merchants, who had voiced concern over stormwater runoff in previous meetings. The plans were reviewed by the Board and public. Old Echo Lake Rd. would be used for this project and improvements would be made to Old Echo Lake Rd. Mr. Musson noted they hoped to keep the road as narrow as possible, and would be improving it with some check-dams and temporary hay bales. Mr. Tracy stated the changes made sense and he saw no reason to vote against it. Mr. Andrews noted several improvements, including less
stormwater impact and less visual impact. Mr. Musetti added that he would be cooperating with Mr. Singleton in bringing the electricity lines in such a way that far fewer trees would have to be cut.
In answer to concerns voiced regarding the culvert at Grant’s Hill Rd. and the drainage, Mr. Musetti noted he’d met with Tony Smith of Mount Desert Public Works, Ms. Keene, and CES. The only suggestion made was that the drainage capacity on the Town roads proves post-development surficial runoff does not exceed pre-development surficial runoff. Mr. Musson assured the Board that they would install a 15 inch culvert even if it required blasting of the ledge. Natural runoff of stormwater undiluted by salt or sand directed into the quarries was also noted as a possibility.
Per Section 6 of the Subdivision Ordinance the Board agreed to waive Section 5.14 Street Construction Standards, for access onto Old Echo Lake Road and permit the access road via Old Echo Lake Road to be built to driveway standards as defined in Section 6B.6 of the Land Use Zoning Ordinance. This waiver is based on 1.) Maintaining neighborhood aesthetics and 2.) mitigating environmental damage that would occur from a wider road, particularly stormwater runoff damage. The Board agreed to the installation of a driveway as defined in Section 6B.6 of the Land Use Zoning Ordinance.
MR. TRACY MOVED, WITH MR. MILLER SECONDING, TO APPROVE THE WAIVER.
There was no further discussion. The Board referred to Section 6
CHECKLIST
for review of the
Land Use Zoning Ordinance of the Town of Mount Desert
(03/06/78, as am. through 03/04/03)
STANDARDS OF SECTION 6:
6.1 EXPERT TESTIMONY: p;
(4-0)
6.3 SANITARY STANDARDS:
1. 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 6 are met.
X N/A
________ ___
Conclusion of
Law: N/A
(4-0__
2. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:
1. All subsurface sewage disposal systems shall be located in areas of suitable soil of at least one thousand (1,000) square feet in size …
Findings of Fact(s): Suitable locations for subsurface disposal system were located on each lot by a__ licenses site evaluator. ________________________________________________________________________
Conclusion of Law: All subsurface sewage disposal systems will be located in areas of suitable soil of at least one thousand (1,000) square feet in size. ______________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________ (4-0)___
2. The minimum setback for subsurface sewage disposal systems shall be no less than one hundred (100) horizontal feet from the normal high water mark of a water body.
Findings of Fact(s): N/A
Conclusion of Law: The minimum setback for subsurface sewage disposal systems has [not] been met. N/A _____________ ___________________ ______________________________________________________________________________
3. Holding tanks for sanitary wastes will be permitted only when approved by the Plumbing Inspector, and only if arrangements have been made for periodic removal and disposal of wastes in accordance with all laws and the tank is constructed of impervious material.
Findings of Fact(s): N/A Subject to home owner and CEO at time of construction.
_____________
Conclusion of Law:
(4-0)
6.4 EROSION CONTROL:
1. Fill, earth moving activities, and other land use activities shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
Findings of Fact(s): The applicant has stated that BMP’s will be used. _____________ ____________________________________________________________________________
Conclusion of Law: Fill, earth moving activities, and other land use activities will be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
(4-0)__
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.
Findings of Fact(s): No such activities are proposed _____________ _________________________________________________________________________
Conclusion of Law: This standard has been met. (4-0)_________
On slopes greater than twenty-five (25) percent, there shall be no grading or filling within one hundred (100) feet of the normal high water mark, except to protect the shoreline and prevent erosion.
Findings of Fact(s): The proposed application is not within 100 feet of a high____________________ water_mark.______________________________________________________________________
Conclusion of Law: This standard has [not] been met. N/A
(4-0)_____
2. Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet … is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with …
Findings of Fact(s): No soil will be tilled as part of this application ___________________ ______________________________________________________________________________
Conclusion of Law: N/A (4-0)
6.5 VEGETATION:
1. 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. 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 Permit from the Planning Board.
3. 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. 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. A CEO Permit is required for cutting timber larger than 4" DBH when the total amount to be cut is greater than10 cords but less than 50 cords in any one year period.
6. A CUP is required from the Planning Board for cutting timber larger than 4 inches DBH when the total amount to be cut is 50 cords or more in any one year period.
Findings of Fact(s): None of the above activities are contemplated as part of the application.
___ _______________________________________________________________________ _____________
Conclusion of
Law: N/A
_ (4-0)
6.6 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 dimensions of lots are comparable to the surroundings. ______ ______________________________________________________________________________
Visual Impact:
Findings of Fact(s): The visual impact will be no greater than other subdivisions within Hall
Quarry. _________________________________________________________________ ________ _____________
Proximity to other structures:
Findings of Fact(s): This application is not for a structure. ________ ______________________________________________________________________________
Density of Development:
Findings of Fact(s): The density of lots is as permitted in Town ordinances and__________________ comparable to the District.
______
Conclusion of Law for s. 6.6 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,
(4-0)______________________________
6.7 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): The proposed use will potentially add five additional lots to the Town of _Mount Desert. A plan has been presented that appears to manage the stormwater.
Conclusion of Law: The proposed use of a subdivision will not unduly burden the capacity of the Town's facilities. [In particular, an undue burden will be placed upon]
(4-0)
6.8 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): N/A
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. N/A ___________________
_________________________________________________________________
(4-0)
Sufficient off-street parking shall be available:
Findings of Fact(s): N/A
Conclusion of Law: Sufficient off-street parking will [not] be available:
N/A
(4-0)
6.9 PRESERVING 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 or C in Section 3.5 and shall be in accord with the Comprehensive Plan.
Findings of Fact(s): Hall Quarry is a primarily residential area. The proposed use creates six lots that comply with the district. _______ ___________
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 or C in Section 3.4 and will be in accord with the Comprehensive Plan.
In particular,
(4-0)
6.10 NUISANCES: Notwithstanding any other standard in this section, the Planning Board shall not issue any conditional use permit for any proposed use which if established would be obnoxious or offensive by reasons of:
Odors; X N/A or="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">Fumes; X N/A p;
______
FOR BOARD USE
CONDITIONAL USE PERMIT
PERMIT CONDITIONS: In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
(4-0)
The Board thanked the Musetti’s for their patience through this lengthy process, and they thanked Mr. Singleton for his willingness to work with the Musetti’s to allow the project to move forward.
II. Approval of Minutes from September 9, 2008 and January 22, 2009 Planning Board Meetings:
Review of September 9 Minutes: Line 5, Page 3 it should be noted the fence is visible from the road.
Page 17, the word “applicable” instead of “application” should be used.
Review of January 22 Minutes: Page 2, Line 31, Mr. Andrews did not suggest a driveway be built through the entire property, but did suggest Old Echo Lake Road be built to standard.
Other:
Ms. Keene mentioned her request for a moratorium on cell towers. Verizon/Fairpoint is currently looking for space to build one. Places that have been mentioned include behind the Somesville traffic light, and the head of the Sound. Millard Dority of the College of the Atlantic has inquired about a 38 foot tall wind turbine at Beech Hill Farm. Ms. Keene warns there are currently no regulations. Because a cell tower is not considered a “structure” someone wanting one would not even need a permit to build it. She hopes to get a moratorium until the Town can create language handling it. The Board agreed; the issue will have to go to Town Meeting.
March 9 was noted as the next meeting. Ms. Keene mentioned Camp Beech Cliff will be presenting an application in the near future. The Board agreed that that should be the only item on the agenda. Mr. Andrews requested a list of CUP’s and historical changes for the property.
Mr. Tracy moved, with Mr. Miller seconding, to adjourn. Motion was approved 4-0. Meeting was adjourned at 8:00 pm.
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