Town of Mount Desert Planning Board Workshop
Minutes of January 22, 2009
Public Present
Matt Worthen, Ben Moore, Alice Carter, Dave Ashmore, Tom Martin, Hancock County Planning Commission, Mike Morse, Maine Department of Environmental Protection, David Irvin
Board Members Present
Joe Tracy, James Clunan, and Patti Reilly
Kimberly Keene, CEO
I. Call to Order
The meeting was called to order at 5:10 p.m.
It was agreed that the Agenda items be taken out of order to accommodate Mike Morse of the DEP who was traveling from Portland to attend the meeting.
IV. Presentation by Tom Martin, Hancock County Planning Commission and Mike Morse, Shoreland Zoning Coordinator from the Department of Environmental Protection regarding upgrading the Town of Mount Desert’s Land Use Zoning Ordinance to incorporate the new State of Maine Shoreland Zoning Ordinance amendments
Mike Morse was filling in for Stephanie McGarvey of the Bangor office of the Maine DEP. Mr. Tracy asked Mr. Morse to begin by reviewing any sizable changes that the Town of Mount Desert should expect with their LUZO.
Mr. Morse listed the following issues:
e within the setback if there is no other available space.
ut not intended for building purposes. The distinction of shoreland zone is a function of assessment and has no impact on the regulations. Ms. Keene noted that she has been enforcing shoreland regulations for all properties considered shoreland regardless of size. She suggested the Town change the wording to maintain consistency. Mr. Clunan noted that there was a significant amount of changes for the warrant already.
Mr. Martin agreed that there was a large amount of work before the Planning Board. He added that even if the changes are adopted, the Town may only receive conditional approval from the DEP.
Mr. Morse noted that the DEP doesn’t plan to extend the deadline for being in compliance. If the DEP finds that the Town has not made change, they will adopt the ordinance for the Town. The Town will then have the option to create and adopt their own complying ordinance in its place and in that case the DEP will rescind their ordinance changes. Mr. Morse added that the DEP will be quite busy reviewing ordinances from many towns. If the Planning Board couldn’t complete making the necessary changes within the specified timeframe, but could provide a reasonable date for completion, the DEP most likely would allow them the time noted as necessary for completion.
It was agreed the Planning Board needed further time to discuss their options.
II. Discussion of Proposed Land Use Zoning Ordinance, Building Code and Rural Wastewater Treatment Support Program Ordinance changes:
Ms. Keene noted that section 6.1 of the ordinance needs to be updated because the new Tax Club Program allows people to pay taxes in increments. The wording in the ordinance requires payment by December 1. Her suggestion of wording was “payment current with Tax Club Program or by December 1”.
Mr. Clunan noted the Board needed only to agree to the changes so they could be forwarded to the Selectmen. Mr. Tracy inquired as to what proportion of taxpayers were using the program. Mr. Avila noted approximately 130 people were using the program.
Ms. Keene requested a change to the building code with regard to the Certificate of Occupancy to be allowed to include a Temporary Certificate of Occupancy. The exception would apply to allow a temporary certificate of occupancy where there are no life threatening safety issues concerned and when a deadline for full completion has been set. The wording for the change could be taken from the National Fire Protection Association.
Discussion was held regarding the request to exempt sections VR 1 and 2 from the required 5 foot setback for driveways. Mr. Tracy suggested removing the entire section. Ms. Keene noted the wording was added from the subdivision ordinance in 2008 by a consultant. Ms. Reilly noted that at the time it had been considered a safety issue. Mr. Worthen noted that this clause is in the subdivision ordinance for developable lots.
Mr. Clunan reminded the group that the items needed to be put on a Planning Board Agenda for approval to ensure they are voted on in the warrant. A check of the meeting schedules was made and Ms. Keene added that a special meeting could be scheduled if there were enough time to advertise it in the paper.
III. Zoning Map Changes:
Mr. Avila noted these changes were basic clarification issues, but they do require going to Town Meeting:
Map 8, Lot 5-1, 2 parcels. The property next to one side of this parcel is designated SR5, the other side SR3. The owners had approached Mr. Brushwein who told them they should be zones SR3 and they’re currently billed that way. The map should reflect this status.
Map 9, Lot 4 and 5, 3 parcels owned by Acadia National Park on the Eastern side of Long Pond. They were acquired years ago and should be reflected as such.
Two lots on the Golf Course are zoned R2 and should be changed to conservation zoning. The entire area is under a conservation easement.
On the shore of Lower Hadlock Pond there is an area zoned for the Acadia National Park. There is currently a multi-family dwelling there. It should be zoned SR1.
Ms. Keene would add the LUZO changes to the February 9 agenda. It was agreed the Board would decide on proposed land use zoning, building, code and rural wastewater ordinance changes then.
VII. Adjournment
Mr. Tracy moved, with Ms. Reilly seconding, to adjourn the meeting. Adjournment was adjourned by general consensus at 7:10 pm.
Respectfully Submitted,
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