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3. Tilling of soil. Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet lying either wholly or partially within the area covered by this Ordinance is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with …
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Sufficient off-street parking shall be available:
Findings of Fact(s): N/A________________________________________________________ (4-0)
Conclusion of Law: Sufficient off-street parking will 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 Animal Husbandry_ ______________ ____ 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): No excavation will be done.
Conclusion of Law: Proposed land use of chickens and coop 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.
(4-0)
6A. 6 Lighting - Outdoor
X N/A her 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; ;
(4-0)
Conclusion of Law: The 13 hens will meet the standards for section 6A.7 for the LUZO R1 district.
(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): the proposed use is allowed in the R1 district. (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 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:
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): The proposed use will not remove any vegetation therefore, N/A
(4-0)
Conclusion of Law:
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
All subsections of section 6B are N/A, excepting 6B are determined 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.
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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
X N/A wharves, breakwaters, causeways, marinas, bridges more than 20 feet in length, and permanent uses projecting into fresh water bodies from normal high water level shall require Conditional Use Approval of the Planning Board. The Planning Board may issue guidelines to insure compliance with state laws.
X N/A ;
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 p;
6B. 11 Lots X N/A
1. Lots abutting more than one road …
p; nbsp;
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 ;
10. There shall be no more than one marine structure on a lot.
X N/A p; Availability of public sewer. All plumbing systems within two hundred (200) feet of a public sewer shall be connected to public sewer where available in accordance with local, 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
dard not met
6B.17 Sign Regulations
3. Signs Permitted: Temporary Signs:
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4. Signs Permitted: Permanent Signs:
X N/A nbsp; registered 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 "#000000" style="font-family:Arial;font-size:9pt;color:#000000;">September 22, 2008:
Page 1, line 34 should read to the effect that “South of Jock Williams there is a small cove between the two points.”
Page 1, Line 42 – “waterfowl” should be one word.
Page 3 “ACE” should read “AEC”
Page 5, Line 3 should mention access for private boats.
Page 6, Line 14 should not have a question mark near “15’”.
Page 9, Line 22 reads “proposed use will not cause nuisances or”. It was suggested to cross out “or” and include “as”
Page 17, Line 22 a period is missing.
Mr. Tracy noted that the Board merely has to make the Minutes defensible and members should not dwell on such errors as punctuation or spelling.
By unanimous consensus the Minutes of September 22, 2208 were approved as amended, 5-0.
Ms. Reilly noted that these Minutes were uploaded to the Town website. In light of that, it was important they were grammatically correct and spelled correctly. Mr. Tracy felt the Board Members were not responsible for their writing, and maintained the Minutes only needed to be legally defensible.
October 27, 2008:
Mr. Andrews noted he had reviewed this set of Minutes and found nothing of substance requiring amending. By unanimous consensus of the Board Members who attended the October 27th meeting the Minutes of October 27, 2008 were approved as submitted, 3-0.
November 11, 2008:
Mr. Andrews noted he had reviewed this set of Minutes and found nothing of substance requiring amending. By unanimous consensus of the Board members who attended the November 11th meeting the Minutes of November 11, 2008 were approved as submitted, 4-0.
January 12, 2009:
Page 3, Line 28 and 29 it was agreed to remove that sentence.
Page 2, Line 19, it was agreed to strike that particular paragraph.
By unanimous consensus of the Board members who attended the January 12th meeting the Minutes of January 12, 2009 were approved as amended 4-0.
January 26, 2009:
By unanimous consensus of the Board members who attended the January 26th meeting the Minutes of January 26, 2009 were approved as submitted 3-0.
March 9, 2009:
By unanimous consensus of the Board members who attended the March 9, 2009 meeting the Minutes of March 9, 2009 were approved as submitted 4-0.
March 23, 2009:
It was requested to include the fact that Mr. Andrews was acting secretary in Ms. Reilly’s absence for the March 23rd meeting.
Page 20, Line 27 should real “hotel”, not “motel”.
Page 22, Line 33 it was requested that a referral be made to the taped Minutes to determine whether the hour noted as acceptable for quiet was as stated in the Minutes.
Page 21, Line 45 and 46 it was agreed to add the sentence “Mr.Tracy interjected this may be due to futility the neighbors felt”.
Page 23, Line 20 the word “or” should be “and”.
Last Page, Line 15 it was agreed the sentence should read, “Mr. Andrews added that if measured by number of neighborhood complaints that would make the restaurant owners hostage to the other neighbors.”
By unanimous consent of the Board members who attended the March 23rd meeting the Minutes of March 23, 2009 were approved as amended 4-0.
December 15, 2008:
By unanimous consensus of the Board members who attended the December 15th meeting the Minutes of December 15, 2008 was approved as submitted 4-0
January 22, 2009:
It was noted that “Patty” should be spelled “Patti”.
By unanimous consensus of the Board members who attended the January 22nd meeting the Minutes of January 22, 2009 were approved as amended 3-0.
March 16, 2009:
By unanimous consensus of the Board members who attended the March 16th meeting the Minutes of March 16, 2009 were approved as submitted 5-0.
April 8, 2009:
Page 1, Line 22 Ms. Reilly had meant to question not Mr. Martin’s availability for the ordinance work, but whether he had already completed some of the work being discussed. The sentence would be rewritten to reflect that.
Page 1, Line 37 and 38 should read “to all of the property within the shoreland zone”
Page 2, Line 6 the word “scribe” should replace the word “secretary”.
By unanimous consensus of the Board members who attended the April 8th meeting the Minutes of April 8, 2009 were approved 5-0.
Mr. Bright inquired as to whether the Board of Selectmen had approved the expenditure of the shoreland zoning ordinance rewrite. Ms. Keene noted they had tabled the decision until a Board member and the CEO could be present to defend the decision. Mr. Bright requested Ms. Keene try to get the item onto the next Board of Selectman agenda. Mr. Clunan inquired as to who on the Board of Selectman was the Planning Board liaison. Mr. Bright did not know of any liaison for the Planning Board.
Ms. Keene inquired whether the Planning Board wanted to set any further meeting dates to work on the shoreland zoning ordinance. Mr. Bright suggested waiting till after the Selectman’s meeting and feedback from that.
IV. Adjournment
Mr. Bright moved, with Mr. Clunan seconding, to adjourn the meeting. Motion approved 5-0. Meeting was adjourned at 7:40pm.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
