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Planning Board Meeting Minutes - 05/11/09
Town of Mount Desert Planning Board Meeting
Minutes of May 11, 2009

Public Present
Terri Hanson, Bill Swanson, Sheila Swanson, Nick Burnett, Meg Johnston, Todd Graham, Sam Fox, and MaryLee Bayne.

Board Members Present
Joseph Tracy, Patti Reilly, Jerry Miller, James Bright, Sandy Andrews, and James Clunan

Kimberly Keene, CEO
Heidi Smallidge, Recording Secretary

I.      Call to Order
The meeting was called to order at 6:03 p.m. by Mr. Bright.

It was agreed by general consensus to move Approval of the Minutes to the end of the meeting.  

III. New Business - Amendment to a previously approved Subdivision (Patterson Hill) as defined by Title 30-A §4406 (1) (E): It was noted that the driveways were not built as originally planned.  Mr. Burnett, representing the property owners, is requesting an amendment.  

Mr. Bright inquired whether the Board had been presented with plans prior to the meeting or whether a site inspection occurred.  Mr. Bright felt that a site inspection and the plans before hand would have allowed for a better decision to have been made.  

Mr. Burnett noted that the plan before the Board showed the change in driveway placement.  The property lines had not changed and the driveway rerouting was done only as a practicality issue.  The driveways are topographically better than previously planned and do not impact wetlands that would have otherwise been affected.   Mr. Burnett added that lots have been sold that have been changed, but sees no reason why the owners would not sign off on the changes.  His attorney is working with the landowners now.

Discussion ensued regarding the subdivision covenants; specifically, the question over allowing chickens or not.  Mr. Burnett maintained there had been debate at the initial Planning Board hearing, but no formal conditions set, as evidenced by the lack of conditions added to the plan and the lack of any written follow-up denoting conditions set by the Planning Board.  

Mr. Bright noted the application was approved with the conditions of approval which were listed on the application.   

Mr. Burnett insisted no formal conditions were given.  The homeowners association created covenants that per his attorney were permissible as long as they did not supersede Town Land Use Ordinance.   Mr. Tracy asserted that the covenants set did in fact supersede the Ordinance, and the homeowner’s association had no right to do so.

Mr. Andrews disagreed, stating a homeowners association has the right to put covenants on their private property as long as the covenants are legal.  He added that these conditions are now recorded in the deed making it impossible to undo them.

Ms. Reilly pointed out that the Board had received an opinion from the Maine Municipal Association noting that landowners may place covenants as long as they are made evident to potential purchasers.  Mr. Clunan added that it was too far after the fact to insist on changes now.  

Mr. Tracy and Mr. Bright both agreed that the fact that the covenants were included in the deeds were not the problem of the Planning Board.  

Mr. Andrews stated the Planning Board should have ensured the conditions were on the plan when they signed it.  Mr. Miller agreed, noting that the Town probably cannot legally defend this argument, even though the spirit of the discussions may have been clear.  

Mr. Bright suggested including the conditions in the new plan and not accepting it until they are included.  Mr. Andrews insisted the Board would be requiring something the landowners can’t do; it can’t be removed from the deed.

Ms. Reilly wondered whether the Homeowner’s Association could vote to approve the change.  Mr. Andrews asked whether the Board could have a copy of what was recorded, but it was not available.  Ms. Keene noted that the covenants were a separate document.   

Mr. Bright stated the covenants and restrictions stated that changes could be made by an 85% vote in the first year, 75% vote after.  He affirmed it was still possible to change the covenants.  

Mr. Andrews inquired what the Planning Board’s power was if the owners have in fact violated the subdivision?  Ms. Keene noted the conditions would have to be on the plan.  She added the Minutes in which the vote was recorded is not a legally binding document.  Mr. Bright suggested including conditions on the plan now.  

Mr. Miller suggested talking with the landowners before letting this issue escalate into a legal battle.  

Mr. Andrews noted this was a lesson that the Planning Board can’t be casual in the way they conduct business.  

Mr. Clunan inquired as to the reason to keep chickens out of the subdivision.  Mr. Burnett noted there was no particularly strong opinion either way, but it was their thought that too many chickens could end up polluting Denning Brook.  

Ms. Keene reviewed the ordinance noting that the final plot plan must be mylar with eight copies.  These plans must show a variety of things one of which is conditions set forth.  These were not on the Patterson Hill plan.  

Mr. Miller stated the Board had made a mistake and forcing the landowners to change what is now impossible to change is futile.  Mr. Clunan reminded the group that this subdivision was now three years old.  Ms. Keene agreed the Board needed to accept that these conditions were not included formally in the plan.  

The issue was moved to question.

Mr. Andrews moved, with Ms. Reilly seconding, to approve the revised plat plan for Patterson Hill Subdivision dated 5/8/09.  Motion approved 3-2 (Bright, Tracy in dissent).

Mr. Andrews requested that the Town attorney be invited to a meeting to educate the Board with regard to covenants.  

II.      Conditional Use Approval Applications(s):

Conditional Use Approval Application # 005-2009
OWNER(S):  Judith L. Swett
AGENT:  Terri Hanson
LOCATION:  14 Main St., Seal Harbor
TAX MAP:  30 LOT:  5 ZONE(S):  VC
PURPOSE:  Section 3.4 – Restaurant
SITE INSPECTION: 3:00 PM  

It was confirmed there had been adequate public notice in the Bar Harbor Times.  There was no reported conflict of interest.  

Ms. Keene attended a site inspection.    The proposed restaurant is where the old Forbes Architect used to be.  There is parking behind the building.  Ms. Swett hopes to create prep area and counter space for eight seats.  The area is about 250 square feet.  There will be one oven with stovetop, a sink, and counter space.  Ms. Swett doesn’t foresee more will be built.  The hours of operation will be 6am to 11am, and later the hours may be extended to 2pm.  

There were no further comments from the public or from Ms. Keene.  

MOTION TO APPROVE WAS MADE BY MS. REILLY, 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 existing space is 18’2 ½” x 15’9 ½ ”and is an existing building.                                                                                            (5-0)           

Visual Impact:
Findings of Fact(s):            There will be no sign or change to existing building.                                                                                                   (5-0)           

Proximity to other structures:
Findings of Fact(s):                    There will be no change in existing conditions.         
                                                                                (5-0)                   

Density of Development:
Findings of Fact(s):    There will be no change to existing conditions.                         

                                                                                                        
                                                                                        (5-0)           

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,                                                                                                                                                                                                                                                                                   (5-0)                   

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                                                                             
                                                                                                        
                                                                (5-0)                                   

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           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):     There will be no change to existing conditions.                                
                                                                                        (5-0)           

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.                                                                  
                                                                        (5-0)                           

Sufficient off-street parking shall be available:
Findings of Fact(s):    There is parking available behind building and on both sides of  road._________                                                                         (5-0)   

Conclusion of Law: Sufficient off-street parking will be available:
                        ____________________                                                    
                                                                                                        (5-0)   

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):            There will be a dumpster in use.  The size of operation is small.  There is no public bathroom available.________               ________________________                
                                                                                (5-0)                   

Conclusion of Law:      The proposed use of     The Coffee Shop______________________ will not unduly burden the capacity of the Town's facilities.  [In particular, an undue burden will be placed upon]                               (5-0)                                   
                                                                                                        

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                                                                                                                                      (5-0)                                   

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.
                        N/A                                                                                                                                                                                                                                                                                               

6A. 6   Lighting - Outdoor
X N/A           l for any proposed use which if established would be obnoxious or offensive by reason of:

Odors;          X N/A           p;                 (5-0)   

Conclusion of Law:              The applicant will not cause any nuisances as stated in section 6A.7.                                                                                   (5-0)   

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 like uses in the area.                                                                                                                                         (5-0)   
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,                                                                                                                                                                                                                                              (5-0)            

6A. 9   Stormwater
X N/A           bsp;        (5-0)              

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                                                                             
                                                                                                        
                                                                                                        
                                                                                                          (5-0) 

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B      SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES

                All subsections of Section 6B with exception of 6B.17 are N/A                   
                                                                                                (5-0)                                                                                                            

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           k, or coastal wetland shall require a permit from the State Department of Environmental Protection.

X N/A           ft" style="text-align:left;">                                                                                                        
                                                                                                        
                                                                                                        

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.

X N/A           bsp;                                                         
                                                                                                        
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 8   Fences and walls
X N/A           X Applicable, Standard Met      bsp;                                            
                                                                                                        
                                                                                                        
                                                                                                        

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           bsp;                                                                            
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 11  Lots            X N/A   

1.      Lots abutting more than one road …
Arial;font-size:9pt;color:#000000;">X N/A                                    
                                                                                                        
                                                                                                        

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                                                                                      
                                                                                                        

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          ;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.

X  N/A          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          p;                                                                                                   

6B.17   Sign Regulations        …
3.      Signs Permitted: Temporary Signs:
X  N/A          ft;">p;                                                                                    
                                                                                                        
                                                                                                        
        
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                                                          3.  Maximum seating number to be 12.                                                                                                                                                   (5-0)   

III.    Conditional Use Approval Applications(s):

Conditional Use Approval Application # 006-2009
OWNER(S):  Diane Watson
APPLICANT:  Al Jensen
AGENT:  G.F. Johnston & Associates
LOCATION:  Village Park Road
TAX MAP:  10 LOT:  151-001 ZONE(S):  VR1
PURPOSE:  Section 3.4 – Services 2 (Wholly enclosed) carpentry business
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.  

Mr. Bright and Mr. Miller attended the site inspection.  Mr. Miller reported the proposed site is behind the new barn on Route 102.  It is a 40’x90’ enclosed shop.  The driveway already exists.  Proposed use is a carpenter shop.  Jason Watson’s shop is behind the building, and there is a house on the hill.  Drainage is provided through a culvert.  

Ms. Keene noted an apartment was not planned at this time, though possibly in the future.  

It was noted the Swanson’s, the closest neighbors to the project, were present at the meeting.  

MOTION TO APPROVE WAS MADE BY MR. CLUNAN, WITH MR. ANDREWS SECONDING.  

Mr. Tracy inquired what type of soundproofing would be done to the shop.  Mr. Johnston noted upgraded fiberglass insulation.  

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 proposed structure shall be 96’x40’ (11% lot coverage)              
                                                                                        (5-0)           

Visual Impact:
Findings of Fact(s):            The application is for a “CUP”.                                                                                                                          (5-0)           

Proximity to other structures:
Findings of Fact(s):                    The application is for a “CUP”.                                                                                                         (5-0)                    

Density of Development:
Findings of Fact(s):    The application is for a “CUP”.                                                                                                                                                  
                                                                                        (5-0)           

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,                                                                                                                                                                                                                                                                                   (5-0)                   

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                                                                             
                                                                                                        
                                                                                        (5-0)                   

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           on 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):     N/A                                                                            
                                                                                                        
                                                                                                        (5-0)   

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):    Three parking spaces will be provided.                                                                                                                                          (5-0)   

Conclusion of Law: Sufficient off-street parking will be available:
                        ____________________                                                    
                                                                                                        (5-0)   

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):            The applicant has provided for excess waste disposal.                   _                               _______________________________                                                                                                                                (5-0)     

Conclusion of Law:      The proposed use of a woodworking shop_will not unduly burden the capacity of the Town's facilities.  [In particular, an undue burden will be placed upon]                                                                                                                       (5-0)                                                                                                           

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                                                                                                                                                                                  (5-0)       

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
nbsp;                                                                                                                                                                                                                                                                                                           (5-0) 

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;          ">Vibration;      X N/A           p;           (5-0)    

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 area (VR1).                                                                                                                                         (5-0)    

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,                                             

                                                                                                        

                                                                                                        (5-0)   

6A. 9   Stormwater
X N/A           sp;                                                       
                                                                                                        
                                                                                                        
                                                                                                        

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):    N/A                                                                             
                                                                                                        
                                                                                                        
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B      SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES

                Section 6B and all subsections N/A.                                             
                                                                                                  (5-0)                                                                                                          

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           icable, Standard Not Met

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.

XN/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.

X N/A                                                                                                                   
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 8   Fences and walls
X N/A           X Applicable, Standard Met      :9pt;color:#000000;">                                                                                                        
                                                                                                        
                                                                                                        

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           ;         
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 11  Lots            X N/A   
1.      Lots abutting more than one road …
tandards          
        X N/A   nbsp;                                                                                       
                                                                                                        

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          0000" style="font-family:Arial;font-size:9pt;color:#000000;">Findings of Fact(s):                                                                                    
                                                                                                        
                                                                                                        

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          bsp;  Applicable, is within 200’, but requirement waived
bsp;               
                                                                                                        
                                                                                                        

6B.17   Sign Regulations        …
3.      Signs Permitted: Temporary Signs:
X  N/A          div align="left" style="text-align:left;">                                                                                                        

4.      Signs Permitted:  Permanent Signs:
X  N/A          p;      nbsp;                                                                                                 
                                                                                                        
                                                                                                        

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          ;                                                   2. Operating hours will be 7AM to 7PM.                                                                                                                                                  (5-0)   
II.  Approval of Minutes from April 13, 2009:  Mr. Clunan requested that it be indicated within the Minutes that he did not vote on the application.  It was agreed to include “voting members were:   “

On page 8, line 14 the sentence was miswritten.  6B.1 should have been noted “as applicable, standard met”.  

Mr. Clunan moved, with Ms. Reilly seconding, to approve the Minutes as revised.  Motion approved 5-0.  

V.       Workshop:
Ms. Keene updated the Board on the status of Mr. Rothe’s contract.  The Town is still waiting to receive the contract back from Mr. Rothe.  He had been discussing with Town Manager Mike McDonald some changes.  Once the contract is in hand, the Town can start sending sections for revision.  The need for future meetings was discussed, but no dates chosen.   Mr. Bright suggested workshops could be held the weeks no Planning Board meetings are planned.  

Ms. Keene inquired of the Board whether they felt Maine Coast Heritage Trust should come before the Board for the work they hope to do removing the driveways from Acadia Mountain.  It was the consensus of the Board to have them come in.  

VI.     Adjournment

Mr. Bright moved, with Mr. Clunan seconding, to adjourn the meeting.  Motion approved 5-0.  Meeting was adjourned at 8:51pm.  

Respectfully Submitted, Heidi Smallidge, Recording Secretary