Town of Mount Desert Planning Board Meeting
Minutes of May 26, 2009
Public Present
Roz Kreilkamp and David Ashmore
Board Members Present
Joe Tracy, Sandy Andrews, James Bright, Patti Reilly. James Clunan arrived later in the evening.
Heidi Smallidge, Recording Secretary
I. Call to Order
The meeting was called to order at 6:09 p.m. by Mr. Bright.
II. Approval of Minutes
A draft of Minutes was not presented.
III. Conditional Use Approval Application(s)
Conditional Use Approval Application # 007-2009
OWNER(S): Rosamond Kreilkamp
LOCATION: 11 Ripples Road, Mount Desert
TAX MAP: 9 LOT: 83 ZONE(S): R1
PURPOSE: Section 6B.8 – Fences and Walls – Exceeding CEO Authority.
SITE INSPECTION: 4:00 PM
It was confirmed there had been adequate public notice in the Bar Harbor Times. There was no reported conflict of interest. The site inspection was attended by Mr. Andrews, Mr. Bright and Mr. Tracy.
Mr. Tracy noted the proposed fence site was staked out and was for the purpose of privacy. Mr. Kreilkamp is extending the length of the fence now because she was informed it would be easier to do so now, rather than revisit the issue later. Ms. Kreilkamp proposes to have the fence 48 feet in length moving East towards the back of her property, with one six foot section placed towards Ripples road.
Mr. Tracy requested the additions be penciled in on the plan by Ms. Kreilkamp and initialed by her.
There were no further comments from the public.
MOTION TO APPROVE WAS MADE BY MR. TRACY, WITH MR. ANDREWS SECONDING.
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 fence will be 40 feet long and eight feet high.
(4-0)
Visual Impact:
Findings of Fact(s): The fence will run perpendicular to the road, and is located among trees and other
brush.
(4-0)
Proximity to other structures:
Findings of Fact(s): The fence is 15 feet from applicant’s house and even further from the abutters’
house.
(4-0)
Density of Development:
Findings of Fact(s): N/A
(4-0)
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
(4-0)
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.
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 n:left;">
(4-0)
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):
Conclusion of Law: Sufficient off-street parking will / will not be available:
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): N/A
(4-0)
Conclusion of Law: The proposed use of will / will not unduly burden the capacity of the Town's facilities. [In particular, an undue burden will be placed upon]
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
(4-0)
Conclusion of Law: Proposed land use of will / 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.
6A. 6 Lighting - Outdoor
X N/A nbsp; (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 l;font-size:9pt;color:#000000;">… nor for any use which would prove injurious to the safety and welfare of the neighborhood.
Findings of Fact(s):
Conclusion of Law:
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): Similar fences occur in the Town.
(4-0)
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 nbsp;
Conclusion of Law:
(4-0)
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): Some vegetation may be removed.
(4-0)
Conclusion of Law: Any clearing will be within the standards of this ordinance.
(4-0)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
All subsections of Section 6B are not applicable excepting subsection 6B8, Fences and Walls.
(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 Applicable, Standard Not Met
6B. 3 Beach Construction Beach construction on any great pond, river, stream, brook, or coastal wetland shall require a permit from the State Department of Environmental Protection.
X N/A ;
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.
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Conclusion of Law:
6B. 8 Fences and walls
"font-family:Arial;font-size:9pt;color:#000000;">Findings of Fact(s):
Conclusion of Law:
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 t" style="text-align:left;">
Conclusion of Law:
6B. 11 Lots X N/A
1. Lots abutting more than one road …
X N/A nd exterior siding of clapboard, cedar shingles, wooden or vinyl material that is residential in appearance are permitted.
X N/A sp;
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 sp;
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.
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6B.17 Sign Regulations …
3. Signs Permitted: Temporary Signs:
X N/A sp;
4. Signs Permitted: Permanent Signs:
X N/A
X N/A iv>
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.
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(4-0)
IV. Workshop:
Mr. Bright stated the Board needed to decide on how they want Mr. Rothe to proceed. He referred to the list of options emailed to the Board. Mr. Andrews preferred Option three. Mr. Bright noted Option three blends into what the Town already has in place. Mr. Tracy felt Option two was the best overall. After some discussion, it was agreed to instruct Ms. Keene to instruct Mr. Rothe to go with Option three.
Mr. Bright noted he had not had a chance to look at the tower ordinance language. Mr. Andrews noted that viewsheds would have to be designated before these ordinances could work. He felt it was the responsibility of the Town to protect the area’s scenic beauty. Mr. Andrews felt the ordinances made sense; he wondered whether the height restrictions were chosen arbitrarily.
It was suggested visiting the turbine on Cranberry Island to check the noise level on a windy day. Mr. Tracy felt the Town had enough terrain that the turbines could be placed so as to limit noise pollution.
Mr. Bright noted he was more concerned about cell towers and their height.
Mr. Andrews noted the ordinance seems to cover small but not large wind energy operations. Mr. Bright wondered how many kilowatts were generated. Mr. Tracy felt better having the entire board on hand to discuss the issue. He’d also like to see places where some of the turbines could be placed. He felt 85 to 100 feet was a bit high. Mr. Bright noted turbines would have to be banned in villages due to the noise level.
Mr. Tracy noted maybe turbines would have to be addresses on a case by case situation. An 80 foot turbine might be acceptable on Bartlett Island, but not on many other sites in Town. Mr. Bright suggested requiring a certain acreage for a tower site.
Mr. Andrews wondered what Bar Harbor’s process was for creating their tower ordinance. Ms. Reilly noted the wind tower height for Bar Harbor was 60 feet. Mr. Clunan suggested talking to John Kelley of Acadia National Park. Others it was suggested the Board talk with were Anna Demeo of College of the Atlantic, and Anne Krieg of the Town of Bar Harbor. It was agreed to have Ms. Keene contact Ms. Demeo and Ms. Krieg to talk with the Mount Desert Planning Board and to hand out a copy of Bar Harbor’s work.
VI. Adjournment
Mr. Tracy moved, with Mr. Andrews seconding, to adjourn the meeting. Motion approved 5-0. Meeting was adjourned at 7:25pm.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
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