Town of Mount Desert Planning Board Meeting
Minutes of January 26, 2009
Public Present
Mark Reece, Terry Reece, Kathy Branch, Cindy Phelps, Mark Phelps
Board Members Present
Jerry Miller, Joe Tracy, Patti Reilly, and James Bright
Kimberly Keene, CEO
I. Call to Order
The meeting was called to order at 6:14 p.m.
II. Conditional Use Approval Applications
A. Conditional Use Approval Application # 022-2008
OWNER(S): Terry L. & Sherry A. Reece
LOCATION: 143 Main Street, Northeast Harbor
TAX MAP: 24 LOT: 77 ZONE(S): VC
PURPOSE: 3.4 – Hotel/Motel – Rent 1 studio lodging room from weekly rental to nightly rental.
No conflict of interest was reported. It was confirmed notice was published in the Bar Harbor Times.
There was no site inspection.
Ms. Keene reported there was no kitchen, so the space could not be deemed a dwelling. The rental on the space was proposed to go from weekly to nightly. There were no comments from the Planning Board.
MOTION TO APPROVE MADE BY MR. TRACY; SECONDED BY MR. MILLER.
There were no questions from the public. A review of the standards in section 6.1 were made.
CHECKLIST
for review of the
Land Use Zoning Ordinance of the Town of Mount Desert
(03/06/78, as am. through 05/6/08)
** 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:
Physical Size:
Findings of Fact(s): The room’s size is approximately 16’10” x 28’
Visual Impact:
Findings of Fact(s): The room is contained within a building
N/A
Proximity to other structures:
Findings of Fact(s): N/A
Density of Development:
Findings of Fact(s): N/A
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.
In particular,
(4-0)
6A. 2 Erosion Control
1. Filling, grading. Filling, grading … shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
Findings of Fact(s): N/A
Conclusion of Law: Filling, grading, etc. will / will not be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
N/A
(4-0)
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 tyle="text-align:left;"> rental unit. ________
N/A
Conclusion of Law: The proposed use will / 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.
Sufficient off-street parking shall be available:
Findings of Fact(s): There will be a designated parking space for overnight tenants of_ _
the unit.
Conclusion of Law: Sufficient off-street parking will be available:
By designated parking spot.
(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): The proposed change from a weekly to nightly rental will not
change the impact of the current permitted use.
Conclusion of Law: The proposed use of one nightly rental unit 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): N/A
Conclusion of Law: Proposed land use of one nightly rental unit will not 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
X N/A sp;
(4-0)
6A. 7 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 font-family:Arial;font-size:9pt;color:#000000;">Outdoor lighting X N/A ial;font-size:9pt;color:#000000;"> (4-0)
6A. 8 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): Nightly rental is a permitted use in the zone and in section 3.4 ___
4
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. 9 Stormwater
X N/A ="text-align:left;">
Conclusion of Law:
6A. 10 Vegetation
1. Clearing. 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. Tree removal near town roads. 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 Approval of the Planning Board.
3. Slash. 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. 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): N/A
Conclusion of Law:
(4-0)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
All standards from 6B1 and 6B16 are N/A
(4-0)
6B. 1 Agriculture All spreading or disposal of manure shall be accomplished in conformance with the "Maine Guidelines for Manure and Manure Sludge Disposal on Land", published by the University of Maine and the Maine Soil and Water Conservation Commission, in July 1972.
X N/A developed or used for such purpose without Conditional Use Approval of the Planning Board.
X N/A face="Arial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">Findings of Fact(s):
Conclusion of Law:
6B. 7 Excavation 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 fifty (50) cubic yards or greater within a twelve (12) month period shall require a Code Enforcement Officer permit provided that there are no slopes in excess of 4:1 and the activity is more than one hundred (100) feet from the normal high water line of a waterbody. Excavation and filling, greater than fifty (50) cubic yards in a twelve (12) month period, with slopes greater than 4:1 or within one hundred (100) feet from the high water line of a waterbody shall require a Conditional Use Approval of the Planning Board. Appropriate measures
shall be taken to prevent erosion during or after the filling or excavation. 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.
X N/A
Conclusion of Law:
6B. 8 Fences and walls
X N/A ; p;
6B. 10 Home occupations and home offices Home occupations and home offices (except those of a temporary or casual nature) shall require a permit from the Code Enforcement Officer to insure compliance with the following standards: …
X N/A bsp;
Conclusion of Law:
6B. 11 Lots X N/A
1. Lots abutting more than one road …
X N/A defined in Section 8, which are structures to be used for residential occupancy and which have a pitched shingle roof, a permanent foundation or masonry slab, piers or walls, and exterior siding of clapboard, cedar shingles, wooden or vinyl material that is residential in appearance are permitted.
X N/A unreasonably interfere with the use of other marine structures and landing places.
Findings of Fact(s):
Conclusion of Law: The location of the marine structure will / will not unreasonably interfere with access to existing marine structures or points of public access, and it will / will not unreasonably interfere with the use of other marine structures and landing places.
3. The marine structure shall be designed, sited, and constructed to minimize adverse impacts on 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.
Findings of Fact(s):
Conclusion of Law: The marine structure will / will not be designed, sited, and constructed to minimize adverse impacts on significant wildlife habitats or unique natural areas.
4. Interference with the natural flow of any surface or subsurface waters shall be minimized during the construction and subsequent use of the marine structure.
Findings of Fact(s):
Conclusion of Law: Interference with the natural flow of any surface or subsurface waters will / will not be minimized during the construction and subsequent use of the marine structure.
5. The marine structure shall be designed, sited, and constructed so as not to encroach upon officially designated navigation channels.
Findings of Fact(s):
Conclusion of Law: The marine structure is / is not designed, and will / will not be sited, and constructed so as not to encroach upon officially designated navigation channels.
___________________
_____________________________________________________________________________
6. The Planning Board shall request comment from the Harbor Master in cases where the applicant proposes to build a marine structure in an officially designated mooring area.
N/A X Applicable – comment requested
7. The marine structure shall comply with the dimensional limits listed below. The facility shall be no larger than necessary to accomplish the purposes for which it is designed. Its size and construction shall not change the intensity of the adjoining land use, and by no means shall exceed a total distance of more than one-third the width of the water body, when proposed for coastal or inland waters. Notwithstanding the dimensional limits below, in areas where the horizontal distance from the normal high water line to the mean lower low water is in excess of 160 feet, no permanent structure will be allowed seaward of the normal high water line.
Marine Structure Dimensional Requirement
Max. length of entire marine structure (i.e. pier, ramp and float combined) 225 feet 1
Maximum length of all permanent structures 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
Max. square footage of floats for communal marine structures (see 8 and 9 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.
Findings of Fact(s):
Conclusion of Law: The marine structural dimensional standards have / have not been met. The facility is designed for the purpose of . The facility will / will not be larger than necessary to accomplish the purposes for which it is designed. Its size and construction shall not change the intensity of the adjoining land use
8. If two or more shorefront lot owners choose to share a communal marine structure the applicant may request additional square footage of floats.
X N/A ;
Conclusion of Law: The applicant has / has not demonstrated that a need exists for additional square footage of floats.
10. There shall be no more than one marine structure on a lot.
X N/A ineral 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.
X N/A ze="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">
2. State standards. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules.
X N/A " size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">3. Signs Permitted: Temporary Signs:
X N/A bsp;
6B.18 Street/Road Design and Construction Roads shall here after be located, constructed, and maintained in such a manner that there is minimal potential for erosion. Adequate provision shall be made to prevent soil erosion and sedimentation of surface waters. Additionally, all roads constructed shall conform to the following standards …
X N/A
Conclusion of Law:
(4-0)
6B.19 Vehicles, Unregistered No more than two (2) unregistered and/or uninspected vehicles may be stored on any residential lot, unless said vehicles cannot be viewed from any public way.
X N/A e plans it would not be defined as a dwelling.
After discussion the Board agreed by general, unanimous consensus that the new living space added above the garage would not constitute another dwelling unit within the structure. There is one-family occupying the dwelling, and the LUZO does not, state that a second kitchen is not allowed within a one-family dwelling. The Board agreed that the building is classified as a single family dwelling, and was not necessary for this application to appear before the Planning Board.
III. Workshop:
Ms. Keene requested signatures on the permit for the Templeton fencing off Summit Road.
Ms. Keene voiced her concern that the shoreland zoning was not consistent to the State mandated ordinance. The State shoreland ordinance mandates a strict 250 foot buffer from the high water mark setback. The Town considers an entire shoreland parcel to be within shoreland zoning regardless of its size creating a buffer with a variety of setback footages. This makes it very difficult to regulate areas beyond the 250’ setback. Ms. Keene noted that Tom Martin from the Hancock County Planning Commission had not anticipated changing the zoning maps, and would have to increase his proposed fee by approximately $1400.00.
Mr. Tracy suggested allowing owners to subdivide the lot at the 250’ setback line.
Mr. Bright noted that the state was recommending the 250’ uniform setback when the Town adopted the ordinance currently in place. The Town chose to be more stringent and no reason has been presented so far that convincingly argues the need for change.
A shoreland state-mandated overlay for the tax maps was suggested as a possible solution.
Ms. Keene inquired whether the Board wished Tom Martin to work on the ordinance changes or adopt the Town of Trenton’s as their new ordinance once she had reviewed it. Mr. Bright felt the Town only needs to add the State mandates to the Town ordinance and there was no need to reinvent the entire ordinance.
Mr. Tracy announced the Planning Board had finally received from the DEP confirmation of the correct definition of “slope”.
Ms. Keene noted she had no problem adopting the State’s timber harvesting ordinance.
The changes to the Land Use Zoning Ordinance, Rural Wastewater Support Program and Building Code as discussed at the January 22 workshop were reviewed.
VII. Adjournment
Ms. Reilly moved, with Mr. Miller seconding, to adjourn the meeting. Motion was approved 4-0. Meeting was adjourned at 7:25 pm.
Respectfully Submitted,
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