Town of Mount Desert Planning Board Meeting
Minutes of July 13, 2009
Public Present
Kathleen Cepeda, Charles Cepeda, Edwin Rosso, Mark Reece, Beth White, Terry Reece
Board Members Present
Joe Tracy, James Bright, Patti Reilly. James Clunan arrived later in the evening.
Kimberly Keene, CEO; Heidi Smallidge, Recording Secretary
I. Call to Order
The meeting was called to order at 6:05 p.m. by Mr. Bright.
II. Approval of Minutes
It was agreed to move the Approval of the Minutes to the end of the agenda.
III. Conditional Use Approval Application(s)
Conditional Use Approval Application # 010-2009
OWNER(S): Terry L. & Sheryl A. Reece
AGENT: Mark Reece d/b/a Winter Spring, Inc.
LOCATION: 143 Main Street, Northeast Harbor
TAX MAP: 24 LOT: 77 ZONE(S): VC
PURPOSE: Section 3.4 – Restaurant & Section 8 – Expansion of Use -
Additional Hours of Operation
It was confirmed there had been adequate public notice in the Bar Harbor Times. There was no reported conflict of interest. No site inspection was held. Ms. Keene explained that there was nothing new at the building to review, this was simply a request to extend the hours of operation.
Ms. Keene reminded the Board she had asked their opinion as to whether the extended hours would warrant Board approval and the Board had allowed it would.
MOTION TO APPROVE WAS MADE BY MR. TRACY, WITH MS. REILLY SECONDING.
Ms. White inquired about the Reece’s intentions for the business.
Mr. Reece noted their intention was to extend the hours of the restaurant. They requested business hours till twelve to allow them some flexibility. Mr. Bright noted several other businesses in the area were limited to closing at 11pm. Mr. Reece agreed 11pm would be acceptable.
Ms. White protested that any additional noise affects her business. When the windows in the business were open the noise from the restaurant was heard throughout her building. She insisted noise must be contained within the building. Ms. White maintained the restaurant must close no later than 9:50pm.
Mr. Reece noted the restaurant had been in this place since 1974. A Mount Desert police officer lives in the building, and the building also rents to sleeping guests. They have no intention of allowing noise to get out of hand. Mr. Reece added the business had been closing at 11pm for the past six weeks with one reputed loud night and no formal complaints made. It was the Reeces intention to close earlier on slow nights.
Ms. White requested they close at 10pm. Mr. Reece stated that they would not close at 10pm unless the Planning Board rules they must.
Mr. Bright suggested the Board review the standards for approval.
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): N/A
(3-0)
Visual Impact:
Findings of Fact(s): N/A
(3-0)
Proximity to other structures:
Findings of Fact(s): N/A
(3-0)
Density of Development:
Findings of Fact(s): N/A
(3-0)
Conclusion of Law for s. 6A. 1 Compatibility: The proposed use will/will not 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,
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
(3-0)
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 " size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;"> (3-0)
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): N/A
(3-0)
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
(3-0)
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
(3-0)
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 sp; (3-0)
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 bsp; (3-0)
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): There are two other restaurants in town that operate until 11pm.
(3-0)
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,
With specified conditions.
(3-0)
6A. 9 Stormwater
X N/A ;
(3-0)
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
(3-0)
Conclusion of Law:
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
All of section 6B and its subsections are N/A.
(3-0)
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 back a minimum of seventy (75) feet from the normal high water mark of any pond, river, or salt water body as defined.
X N/A bsp;
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 Approval of the Planning Board. The Planning Board may issue guidelines to insure compliance with state laws.
X N/A nbsp;
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 sp;
6B. 11 Lots X N/A
1. Lots abutting more than one road …
yle="font-family:Arial;font-size:9pt;color:#000000;">4. Minimum area suitable for development …
p;
Conclusion of Law: Access from the shore to the marine structure will / will not be developed on soils appropriate for such use and measures will / will not be taken to minimize soil erosion both during and after construction.
2. The location of the marine structure shall not unreasonably interfere with access to existing marine structures or points of public access, nor shall it 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 provide a communal dock in lieu of the development of docks on individual lots. The applicant may request additional square footage of floats provided a demonstrated need can be shown.
X N/A ;
10. There shall be no more than one marine structure on a lot.
X N/A al, state, and federal laws and regulations. The Planning Board may waive this requirement if all other standards of Section 6A and the applicable standards of Section 6B are met.
X N/A
able, standard met text-align:left;">
4. Signs Permitted: Permanent Signs:
X N/A p;
6B.18 Street/Road Design and Construction Roads shall hereafter 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 sp;
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 close at 9pm.
3 The business hours will be 6:30 am to 11pm.
(3-0)
Conditional Use Approval Application(s)
Conditional Use Approval Application # 011-2009
OWNER(S): Kathleen A. Cepeda
AGENT: Edwin A. Rosso, Trott Forest Products, Inc.
LOCATION: Off Oak Hill Road, Mount Desert
TAX MAP: 12 LOT: 20 ZONE(S): RW3/SR3
PURPOSE: Section 6A.10(6) – 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.
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. Bright and Ms. Keene. Mr. Bright noted the property consisted of mixed wet and dry areas. Mr. Rosso plans to mark each tree intended for cutting. The health of the forest was noted as the primary reason to cut. Predominate species of trees in the area were white pine, red spruce, red oak and some white spruce. It was the intent to remove primarily balsam fir and tamarack, then some individual trees not thriving.
Mr. Rosso’s plan was to work during the dry part of the summer, then in the winter.
Ms. Reilly voiced concern over harvesting timber in wetland area. Mr. Rosso stated there was a 75 foot setback for stream and pond protection. He assured the board he would use the State guidelines for harvesting the timber. Mr. Rosso added that he marks the trees he plans to take differently when they’re in the shoreland area, and if harvesting them in the summer can’t be done safely, he’ll do it in the winter. 40% was the maximum harvesting allowed in the shoreland. Ms. Reilly inquired how much of the canopy Mr. Rosso would open. Mr. Rosso intends to leave 50% or more of the canopy in place. Ms. Reilly noted that very specialized birds such as warblers thrive in the heavy canopied areas. Mr. Rosso noted that shoreland canopy will not be opened at all. He expected no
more than a light thinning.
Mr. Tracy asked how the harvesting would affect fire danger. Mr. Rosso noted the cutting should lower the danger of fire.
Mr. Rosso also noted two 120’X25’ wood yards would be required to stack the wood.
At this point Mr. Clunan joined the Board.
Ms. Reilly inquired whether Mr. Rosso had ever harvested timber on the island before. She noted that tamarack, one of the trees Mr. Rosso planned to cut, was a heavy growth tree on MDI. Mr. Rosso noted it was susceptible to insect infestation and not a tree valued for its wood. Ms. Cepeda added that her lot was enrolled in the tree growth program, and management was required.
Mr. Bright inquired whether silt fencing would be placed around the water. Mr. Rosso planned only to work around the water in the winter. Mr. Bright inquired whether traffic was a concern. Ms. Cepeda noted that they planned to open onto Whitney Farm Road where the traffic is less.
Ms. Reilly asked what the invasive species control program would be. Mr. Rosso noted there were no invasive species there. Ms. Reilly noted that invasive species often are part of the regrowth and on other construction projects plans for replanting were requested. Mr. Bright noted that they were not doing a replanting project.
MOTION TO APPROVE WAS MADE BY MR. TRACY, WITH MR. CLUNAN 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 lot is 48 acres. Map 12, Lot 20
(4-0)
Visual Impact:
Findings of Fact(s): No more than 40% of timber will be harvested.
(4-0)
Proximity to other structures:
Findings of Fact(s): N/A
(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): BMP’s will be followed. See description in application Section 6A.2
(4-0)
Conclusion of Law: Filling, grading, etc. will be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
(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 le="font-family:Arial;font-size:9pt;color:#000000;">6A. 3 Highway Safety The proposed use shall 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.
Findings of Fact(s): Summer harvest – forest products will be trucked from landing on
Whitney Farm Road.
(4-0)
Conclusion of Law: The proposed use 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.
(4-0)
Sufficient off-street parking shall be available:
Findings of Fact(s): N/A
(4-0)
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): The parcel is enrolled in a Tree Growth Management Plan and will be managed for timber harvest.
(4-0)
Conclusion of Law: Proposed land use of timber harvesting will 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.
BMP’s will be used.
(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 ; sp;
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): Timber harvesting is a permitted use.
(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,
3-0-1 (Reilly)
6A. 9 Stormwater
p;
(4-0)
Conclusion of Law:
6A. 10 Vegetation
1. Clearing. Clearing of trees or conversion to other vegetation is allowed for permitted construction provided that:
3. Appropriate measures are taken, if necessary, to prevent erosion when activity is undertaken.
4. 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): The parcel of land is under Tree Growth and has a certified forest
management plan.
(4-0)
Conclusion of Law: The timber harvest will meet the timber harvesting of the State
Of Maine Forest Guidelines Service.
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
All of section 6B and all subsections 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 tyle="text-align:left;">1. Minimum site size. Camping areas shall contain a minimum of five thousand (5,000) square feet of suitable land, not including roads and driveways, for each site.
2. Water setback. The area intended for placement of the recreational vehicle, tent, or shelter and utility and service buildings, shall be set back a minimum of seventy (75) feet from the normal high water mark of any pond, river, or salt water body as defined.
X N/A ;
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 bsp;
Conclusion of Law:
6B. 8 Fences and walls
X N/A p;
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 +0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">Findings of Fact(s):
Conclusion of Law:
6B. 11 Lots X N/A
1. Lots abutting more than one road …
-align:left;">X N/A al" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">
2. The location of the marine structure shall not unreasonably interfere with access to existing marine structures or points of public access, nor shall it 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): N/A
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.
____ __________________________________
The marine structure shall be designed, sited, and constructed so as not to encroach upon officially designated navigation channels.
Findings of Fact(s): N/A
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.
_____________________________________________________ _________________
5. 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
6. 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): N/A
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
7. 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.
9. There shall be no more than one marine structure on a lot.
X N/A icable, standard met bsp;
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 style="text-align:left;">6B.17 Sign Regulations …
3. Signs Permitted: Temporary Signs:
X N/A bsp;
6B.18 Street/Road Design and Construction Roads shall hereafter 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:
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 /div>
=============================================================
FOR BOARD USE
CONDITIONAL USE PERMIT/APPROVAL
PERMIT CONDITIONS: In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
II.Approval of Minutes
June 8, 2009: Mr.Tracy moved, with Mr. Clunan seconding, to approve the Minutes as presented. Motion approved 4-0. Mr. Clunan asked whether now that “ecosystem” was included in the new set of definitions, shouldn’t it be given its own definition within the Town ordinance? It was agreed by the Board to include a definition for “ecosystem”.
June 22, 2009: It was found there were not enough members at the meeting who were also at the June 22 meeting to approve the Minutes. They were tabled until a future meeting.
IV. Workshop:
Mr. Bright inquired whether the Town had received a response from Mr. Rothe. Ms. Keene had not heard. It was agreed to request of Mr. Rothe more materials by the end of this week for the Board’s review.
Ms. Keene reported to the Board that the two applicants to the Planning Board were requested to attend the July 27th meeting to offer their reasons for wanting to join.
Ms. Keene presented to the Board a map with the proposed 250 foot buffer on it.
Mr. Clunan inquired whether there were engineers who could speak to the requirements for better cell phone coverage, and could site areas where towers would be needed. He felt a professional independent of the phone companies would offer an accurate and unbiased opinion. Mr. Bright suggested Dwight Lanpher.
VI. Adjournment
Mr. Tracy moved, with Mr. Clunan seconding, to adjourn the meeting. Motion approved 4-0. Meeting was adjourned at 7:50pm.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
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