Town of Mount Desert Planning Board Workshop
Minutes of August 19, 2009
Public Present
Sam Fox, Dave Irvin, and Jean Travers
Board Members Present
Joseph Tracy, James Bright, James Clunan, Jerry Miller, Ellen Brawley, Sandy Andrews
Kimberly Keene, CEO, Heidi Smallidge, Recording Secretary
The meeting was called to order at 5:08 p.m. by Mr. Bright.
- Discussion of the Town of Mount Desert Land Use Zoning Ordinance:
Discussion began with Ms. Keene following up on several questions the Board had at the last meeting. Ms. Reilly had asked whether the 2 contiguous acres of land noted in the 20 degree slope section of the ordinance had to be within the same lot or whether it could cross lot lines. Ms. Keene reported that the DEP’s answer was that lot lines are not taken into consideration for contiguous acres. The two or more contiguous acres of land do not have to be within the same lot. The only time lot lines might come into consideration would be if one lot were densely developed and the other not. Ms. Keene reminded the Board this only affected land within the shoreland district. Discussion regarding the shoreland zone was had. Mr. Irvin inquired whether the new rules would cover the Town’s
entire shoreland zoning, or just the 250 foot buffer mandated by the State. Ms. Keene noted it would cover the Town zones, unless voted otherwise.
Mr. Bright suggested that if Resource Protection is a 250 foot buffer, then it is not necessarily the same as the Town’s shoreland zone. Mr. Tracy suggested it could be called the “State-Mandated Resource Protection”. Mr. Andrews proposed adding the wording “within 250 feet”.
At the last meeting Mr. Tracy asked about the requirement for less than 10 cubic yards of fill, and whether the new rules would apply to any type of fill. Ms. Keene reported that the DEP was requiring this rule to apply to all types of fill being used within the shoreland zone. They informed Ms. Keene that dirt is a top polluter of water. For less than 10 cubic yards of fill the CEO would have to be notified in writing, 10 to 50 cubic yards would require a permit, and greater than 50 cubic yards would have to be approved through the Planning Board. Ms. Keene added she had changed the chart in 3-19 to reflect the DEP ruling.
A question was asked regarding timber harvesting, whether the Town could adopt just the first sentence of the section and delete the rest. The DEP informed Ms. Keene that the Town could not delete the rest. It has been the DEP’s experience that when a lot smaller than two acres has been harvested, it’s really being cleared for development.
Sam Fox had asked about the section under the guidelines of a nonconforming structure. Ms. Keene noted that per Section 4.3.1.1 in the guidelines that after 1989, anything within the 250 foot setback could only be expanded up to 30%, but not more. Mr. Tracy suggested the wording, “shall not be expanded by more than 30%.” The Board agreed.
Ms. Keene reported that Mr. Rothe wrote to Rich Baker of the DEP regarding the review process, sharing his concern that the Bangor DEP has been forcing Towns to use the State’s regulations word for word, despite the guidelines allowing Towns to write regulations that will work for them. It was the Board’s feeling that the revisions they’ve made are what are best for the Town. Unless forced to change, it was the opinion that much of the work has been done for the revisions. Ms. Keene noted the miscellaneous section of the ordinance notes that the DEP allows much more activity in Resource Protection areas than Mount Desert. Mr. Tracy felt the expanded definition of Resource Protection needed to be reviewed as well.
Ms. Keene promised to get some revised maps out showing the areas now classified Resource Protection by the State. The Board discussed the fact that the State is far less restrictive with what is allowed within Resource Protection. It was agreed a map was needed with the affected areas marked to give a clear picture of the areas affected.
Wind turbines were discussed. Mr. Bright did not believe turbines were allowed in the shoreland zone. Mr. Andrews thought they could be allowed if sufficient need were demonstrated, per the newly included Footnote N in the ordinance. Mr. Miller cautioned that measurable criteria for sufficient need would be necessary to enforce this footnote. Mr. Tracy agreed. Mr. Andrews suggested leaving out “need” in the footnotes, or word it as “need sufficient to offset negative impact”. Mr. Bright recommended putting a 75 foot setback as the limit. Ms. Keene noted the footnote could be removed completely as well. Mr. Irvin suggested having someone in the turbine business come to talk with the Board. It was Mr. Miller’s suggestion that as the Board plans to deal with
towers anyway, keep the section in with no footnote for now. The Board agreed to omit Footnote N. Mr. Bright confirmed the Town would keep turbines only in the pre-approved districts.
Mr. Bright notified the Board that both AT&T and Verizon have applied for a tower in Trenton. A 90 foot tower there would cover Western Mount Desert Island to Somesville.
Further discussion of the Ordinance was had. Mr. Miller suggested, on page 7-9 under Principal and Accessory Structures, adding “as determined by the Planning Board” after “other qualified individual”.
Mr. Miller referred to page 7-14, section 6C.15, suggesting that uses be on soils acceptable to the Board.
On page 7-10 Mr. Miller questioned the inclusion of towers, windmills, etc. in the section of “Height”. Ms. Keene mentioned the Board had agreed to remove that final sentence.
Mr. Miller asked about the definition of “Family” on page 8-25. Ms. Keene noted five has been the limit on the Town definition. Mr. Miller wondered if that meant that five people couldn’t rent a house together. Ms. Brawley asked whether there were anything a group had to be considered a family for. Ms. Keene mentioned she does not regulate rentals. She was not aware of whether the fact that a group is not defined as a “family” actually violates anything.
Mr. Miller asked about the “Upland Edge of a Wetland” definition on page 8-36. He wondered whether it was wise to include “and/or”. He felt maybe it should be one or the other. Ms. Keene answered it was a state definition.
A discussion of available meeting dates ensued. It was agreed to meet Monday August 24th and decide then about a meeting August 26th. Mr. Bright would be unavailable to attend the meeting of the 26th. Ms. Keene asked about September availability. She had some applications for review in September. Mr. Bright noted a review of the map and discussion of cell towers were left to do. He asked whether a workshop on September 14th was doable.
Ms. Keene reminded the Board that the new ordinance plus DEP comments needed to be done by the end of October. Mr. Miller thought they could be completed by the next couple meetings. Mr. Bright suggested having a public hearing within the first two weeks in October.
Mr. Tracy moved, with Mr. Miller seconding, to adjourn. Motion approved 6-0. Meeting was adjourned at 6:05.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
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