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6B. 4 Boat Storage No boat in excess of twenty four (24) feet length shall be stored or parked on any residential property within the Town except as such vessel shall be owned or be within the exclusive use or control of the property owner, and shall meet the setback requirements of the district in which the property is located, and in no event shall be stored or parked less than ten (10) feet from the rear line of said property.
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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
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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: …
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Conclusion of Law:
6B. 11 Lots X N/A
1. Lots abutting more than one road …
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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.
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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.
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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.
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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.
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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 nt face="Arial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">6B. 14 Mineral Exploration Mineral 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.
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2. State standards. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules.
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6B.17 Sign Regulations …
3. Signs Permitted: Temporary Signs:
X N/A s Permitted: Permanent Signs:
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Conclusion of Law:
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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(5-0)
IV. Workshop:
Definitions for the Shoreland Zoning Ordinance were discussed. It was Mr. Bright’s goal that the Board could complete definitions at this meeting. It was agreed to go through the definitions and vote on each change proposed by Mr. Rothe.
The issue of changing a word and how to apply it throughout the ordinance was discussed. Mr. Andrews suggested keeping the term the Town currently uses, and changing the meaning.
Mr. Clunan asked whether the new terms and definitions would apply to non-shoreland zoning as well. It was the felt the definitions would apply throughout the ordinance.
Accessory Structure: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Aggrieved: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Conflict: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Agriculture: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Basement: Ms. Foster wondered whether the slope of the floor had been considered. Ms. Keene did not feel it had been. Ms. Keene felt that the definition needed to be something easy to interpret. It was suggested that a five foot height for mechanical purposes would also allow things to be raised if the basement is in a floodplain. It was agreed by general consensus to use the height of 5 feet.
Boat Launching Facility: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Campground: It was agreed by general consensus to keep the Town’s wording.
Canopy: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Coastal Wetland: Ms. Reilly noted that NOAA should be the regulating organization. She had never heard of the noted “National Ocean Service”. It was agreed by general consensus to keep the definition suggested by Mr. Rothe, subject to determining what the National Ocean Service was.
Commercial Use: Mr. Andrews wondered whether the rooms for rent above the Colonel’s were commercial. Ms. Keene noted they were not and were not regulated. After some discussion it was the consensus to keep the Town’s wording.
Development: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Dimensional Requirements: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Disability: Ms. Keene noted a disability variance can be made. It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Driveway: Mr. Clunan questioned why a driveway should be limited to 500 feet in length. Mr. Tracy added that any driveway beyond the 500 foot length would be deemed a road subject to more stringent requirements causing a burden to the landowner. It was agreed by general consensus to keep the Town’s wording.
Emergency Operations: Mr. Tracy wondered where exactly this would come into play. No decision was made.
Essential Services: It was agreed a definition of what “essential services” were was needed. Mr. Clunan wondered whether this would focus on towers. Perhaps, he felt, towers could be defined as “structures” to enforce height limitations. It was agreed by general consensus to leave the wording in for now, but to review it further.
Expansion of a Structure: It was agreed by general consensus to keep the Town’s definition of “Expansions of Use”, but to adopt Mr. Rothe’s suggestion for “Expansion of Structure”.
Family: It was agreed by general consensus to keep the Town’s definition.
Floodway: It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Floor Area: Mr. Bright noted here that floor space was counted as horizontal, which answered the question of basement slope asked earlier in the conversation. It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Forested Wetlands: It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Foundation: It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Freshwater Wetland: Ms. Reilly felt that the noted 10 acres is large. She suggested three acres. It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Functionally Water-Dependent Uses: It was felt this was a very confusing definition and further clarification was needed. Ms. Keene agreed to ask.
Great Pond: Ms. Keene noted Mount Desert does have great ponds. It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Ground Cover: It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Height of a Structure: It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Increase in Nonconformity of a Structure: It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Individual Private Campsites: Mr. Tracy wondered whether the Town even needed such a definition. Mr. Andrews noted that if the Town prohibits such a thing, a definition would be needed so people knew what was prohibited. It was agreed by general consensus to adopt Mr. Rothe’s suggested definition.
Industrial: It was agreed by general consensus to keep the definition suggested by Mr. Rothe for now.
Institutional: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Land Management Road: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Licensed Forester: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Lot Area: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Marina: It was agreed by general consensus to keep the Town’s definition.
Market Value: Ms. Keene asked who would be determining the value. No decision was made.
Mineral Exploration: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Mineral Extraction: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Multi-Unit Residential: It was agreed by general consensus to delete this definition.
Minimum Lot Width: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Native: Ms. Reilly noted a forest is one eco-system. It was suggested to use the word “eco-system” in place of “flora and fauna”. It was agreed by general consensus to keep the definition suggested by Mr. Rothe, with the use of “eco-system”.
Non-Conforming Condition: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Non-Conforming Lot of Record: It was agreed by general consensus to delete this definition.
Non-Conforming Lot of Structure: It was agreed by general consensus to delete this definition.
Normal High-Water Line: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Person: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Temporary/Permanent for Piers and Docks: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Principal Structure/Principal Use: It was agreed by general consensus to keep the Town’s definition.
Recent Floodplain Soils: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Recreational Facilities: It was agreed by general consensus to keep the Town’s definition.
Replacement System: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Residential Dwelling Unit: Ms. Keene noted it was the same as the Town’s and suggested including the word “residential”. It was agreed by general consensus to keep the definition suggested by Mr. Rothe, with the inclusion of the work “residential”.
Basal Area: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Rip Rap: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
River: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Road: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Salt Marsh: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Salt Meadow: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Service Drop: It was agreed by general consensus to reserve judgment on this definition for the time being.
Setback: Ms. Keene suggested keeping the Town’s wording on this definition, adding other definitions as applicable. Mr. Andrews requested Ms. Keene draft acceptable wording.
Shoreline: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Shorefontage: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Shoreland Zone: It was the general consensus to have Ms. Keene get some clarification on this definition.
Slash: It was agreed by general consensus to use the wording “after removal of woody vegetation”.
Stream: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Structure: It was agreed by general consensus to keep the Town’s definition.
Substantial Start: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Subsurface Sewage Disposal System: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Sustained Slope: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Tidal Waters: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Tributary Stream: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Upland Edge of a Wetland: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Vegetation: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Velocity Zone: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Volume of a Structure: It was agreed by general consensus to keep the Town’s definition.
Waterbody: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Water Crossing: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Wetland: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Woody Vegetation: It was agreed by general consensus to keep the definition suggested by Mr. Rothe.
Ms. Keene agreed to send the definition changes agreed to by the Board back to Mr. Rothe. The next step will then be to have him make corrections, and send them back to the Town. The definitions would have to be integrated with the ordinance for the Planning Board’s review. Ms. Keene agreed to talk with Mr. Rothe to know when the Board would get those back.
Dates for future workshop meetings were discussed. The following dates were agreed on:
Tuesday, June 30 – 5:00 PM
Wednesday, July 8 – 5:00 PM
Monday, July 13, 6:00 PM
Wednesday, July 22 – 5:00 PM
Monday, July 27 – 5:00 PM
Wednesday, August 5 – 5:00 PM
Monday, August 10 – 6:00 PM
Wednesday, August 19 – 5:00 PM
August 26 would be a tentatively scheduled meeting date in case it was needed.
Ms. Keene inquired when the Board would like to invite Bar Harbor Planner Anne Krieg in to discuss towers. It was agreed that July 27th would be a good meeting in invite her to. The Planning Board would invite her in at 5:00 PM, with the regular meeting starting at 6:00 PM.
Ms. Keene noted that Beth White had been in the audience to discuss the changes made to the Colonel’s. There are now extended hours. The new bar was also brought up. Mr. Bright noted that if there’s a change of use they would not be grandfathered for it. It was his opinion that a change of use permit was needed for the bar. Mr. Andrews noted that a change in the hours of operation also signified a change of use. It was the Board’s consensus that it was a change of use. It was Mr. Tracy’s opinion the Colonel’s needed to come before the Board for a change of use.
VI. Site Visit for Mitch Rales Project, 137 Peabody Drive, 4:30 PM: Mr. Andrews noted the visit was impressive, and he didn’t feel anything was happening there that the Board wouldn’t have approved. However it was troubling that something so massive has no Planning input. He noted it was a three acre construction site on a four acre lot. Ms. Reilly inquired how close the guest house was to the water. It was noted the guest house was just over 75 feet. There was a question over the retaining wall and whether it required a permit or not.
VII. Adjournment
It was agreed by general consensus to adjourn the meeting. Meeting was adjourned at 9:25pm.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
