Town of Mount Desert Planning Board Workshop
Minutes of March 16, 2009
Public Present
John Kelly, Sam Fox
Board Members Present
James Bright, Joseph Tracy, Jerry Miller, Sandy Andrews, and James Clunan
Kimberly Keene, CEO
Rich Rothe, Planning Consultant
Heidi Smallidge, Recording Secretary
I. Call to Order
The meeting was called to order at 5:09 p.m. by Mr. Bright.
II. Discussion of Upgrading the Town of Mount Desert Land Use Zoning Ordinance to incorporate the new State of Maine Shoreland Zoning Ordinance Amendments; and to Draft Ordinance Language Regarding Radio/Television/Telephone Towers and Antennas, and Wind Towers:
Ms. Keene began the conversation regarding the Land Use Zoning Ordinance changes. She reminded the Planning Board that originally they had talked with Tom Martin of Hancock County Planning Commission regarding the mandated ordinance changes. Mr. Martin had worked on Trenton’s LUZO and Ms. Keene was concerned when she learned the DEP had a number of problems with Trenton’s newly amended ordinance. She then sought out Rich Rothe.
Mr. Rothe noted he was currently working on the Town of Holden’s ordinance changes. He cautioned against a blanket adoption of the State Shoreland Zoning Ordinance; blanket adoption can cause gaps and discrepancies between itself and other parts of the ordinance. One suggestion was to create a Section 6C specific to shoreland zoning standards, or to add to the end of applicable sections shoreland provisions noting within the standard where shoreland provisions would apply.
Both Ms. Keene and Mr. Rothe noted there was quite a bit missing from Mount Desert’s LUZO. When Mr. Bright asked what specifically, Mr. Rothe noted the Appeals process was quite a bit different, and timber harvesting was not included. Coastal high hazards were also not included in Mount Desert’s current ordinance. Wetlands were treated differently than the new State of Maine ordinance. Ms. Keene hoped to have this ordinance ready for approval at the November Town meeting. She has been in touch with the DEP and has been assured that as long as Mount Desert keeps the DEP updated with their progress the DEP will have little problem with the time taken to work out a revised ordinance.
Mr. Clunan agreed it was not wise to simply adopt the State ordinance. He wondered whether there were additional things that could be added like vistas. Mr. Bright noted vistas would not be fully addressed this year. Mr. Andrews noted he liked the idea of distributing the shoreland zoning through the ordinance, yet keeping it separate.
Some of the issues Mr. Rothe noted were discussed. He noted moderate to high value wetlands needed to be included in shoreland zoning as well as a 250 foot buffer around them. John Kelly of Acadia National Park noted Maine Natural Areas should have the areas mapped. Ms. Keene added that the state-recognized areas of 10 acres or more are protected. Mr. Bright requested that Ms. Keene ask the State for information on wetlands within the Town. Discussion was also had regarding the discrepancies in terminology for land between the State’s ordinance and the Town’s. Mr. Rothe suggested that some of the zones could possibly be blended. Shoreland areas may fall under “resource protection” for example. Mr. Rothe noted that the State’s “resource protection” offered more permission for activities such as camping than Mount Desert currently allowed. Mr. Bright noted the Town preferred to keep these areas camping free.
Mr. Rothe inquired as to how the Board wanted to proceed. He cautioned that simply adding Shoreland Zoning to the back of the ordinance could cause conflicts within the body of the ordinance. Mr. Miller suggested adding it, then locate and address the conflicts created. Mr. Andrews agreed. Mr. Rothe noted that the next set of mandated changes could make it difficult to connect the different layers.
Ms. Keene inquired about the shoreland buffer and noted that Mount Desert’s buffer zone varies in size from parcel to parcel though it’s never less than 250 feet. Mr. Rothe noted it could remain as it was it just couldn’t go less than the 250 feet minimum buffer.
Mr. Clunan mentioned vernal pools. He inquired whether there were any deadlines for identifying vernal pools. He noted that April is the time to identify them, making a deadline critical. Ms. Keene noted there were currently no mandated deadlines for identifying vernal pools.
It was agreed that the ordinance should be addressed a section at a time and conflicts and items requiring resolution within each section should be identified.
Mr. Bright inquired about Mr. Rothe’s availability. Mr. Rothe noted he could probably get the Town started with a couple sections of the ordinance. Mr. Bright hoped to have it to the State for review by the end of June. Ms. Keene noted this would be proof to the DEP that we are working on the ordinance revisions. She added that this timeframe would require many more meetings. Ms. Keene suggested that definitions and charts would be most important sections to begin with. Mr. Rothe felt that he and Ms. Keene could work through sections of the ordinance and then have the Board review them.
Mr. Miller inquired as to whether shoreland zoning would have to be included in the ordinance in such a way as it would have to be visited and reviewed for each and every hearing. Mr. Andrews felt that it most likely would have to be reviewed every time. Mr. Rothe noted that some Towns rely more heavily on their CEO to offer opinions on sections of the ordinance rather than review every single piece. Mr. Tracy noted that such a change would allow the Board to streamline their process and remain more focused. Mr. Andrews felt the Planning Board should make this practice standard at the start of every hearing. The other Board members agreed.
It was agreed that Mr. Rothe would proceed as discussed and agreed on above. It was agreed that the Board would attempt to keep to the timeline of having this process done by the end of June. Mr. Rothe suggested asking the DEP if they would prefer receiving it in pieces as the Board finished them. Mr. Bright noted the Town needed to send a written request to formally engage Mr. Rothe in the work. Mr. Bright agreed to talk with Town Manager Mike McDonald.
Discussion then turned to wording of a Tower Ordinance. Ms. Keene has reviewed other ordinances and noted that heights of 150 to 190 feet were allowable by FCC regulations. Mr. Clunan asked why they couldn’t just limit height to 40 feet. John Kelly of Acadia National Park noted that Bar Harbor’s tower ordinance currently in the works notes their height limit is 125 feet. A representative from Verizon had reviewed and found Bar Harbor’s proposed height acceptable. Mr. Kelly also noted that co-location was an issue raised in the Bar Harbor draft ordinance. Installers of towers could not install multiple towers in the area unless all possibilities of consolidating towers were exhausted.
Mr. Bright inquired where Acadia National Park stood on towers. Mr. Kelly noted that in accordance with the Communications Act the Park is supposed to write a policy. The Park’s concerns are mostly with visual impact however they can’t prohibit impact from outside the Park; they can only express concern as a neighbor.
Mr. Bright inquired whether wind tower heights can be limited. Mr. Rothe noted that a certain height is necessary. Mr. Kelly added that wind towers need to be 30 feet above obstructions within a 30 feet radius. Mr. Bright asked for assurance that erecting a wind tower does not create a public utility out of the residence erecting it. Mr. Rothe assured the Board that there is no intention for private residences to be considered public utilities.
It was agreed that the Town needed to collect several ordinances from other Towns to use as a starting point for their discussions. Mr. Clunan noted that wording should be finalized in time for the November Town Meeting to ensure the ordinance is in place before the proposed moratorium will end should it be enacted.
III. Adjournment
Mr. Tracy moved, with Mr. Miller seconding, to adjourn the meeting. Motion was approved 5-0. Meeting was adjourned at 6:38.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
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