Town of Mount Desert Planning Board Workshop
Minutes of June 30, 2009
Public Present
Robert Shea
Board Members Present
Joe Tracy, Patti Reilly, James Clunan, James Bright
Kimberly Keene, CEO, Heidi Smallidge, Recording Secretary
I. Call to Order
The meeting was called to order at 5:09 p.m. by Mr. Bright.
II. Review of the Summary of Differences:
Agriculture: It was noted this was specific to the spreading of manure. Ms. Keene recommended the Board continue regulating this issue; there were many animals in the outlying areas of the Town. After some discussion, it was agreed to change section 6B.1 in the ordinance to reference the new ordinance 6C.1.1. Suggestion was unanimously approved, 4-0.
Campgrounds: Ms. Keene noted campgrounds were not permitted in any areas. Those campground areas in place were grandfathered. It was her suggestion to remove it completely or to ask for further clarification from Mr. Rothe. Mr. Tracy moved, with Mr. Clunan seconding, to remove the section on campgrounds completely. Motion approved 4-0.
Clearing and Removal of Vegetation: Ms. Keene noted the Town’s ordinance on Clearing and Removal of Vegetation refers to the State’s ordinance. She suggested breaking it out and adding it to the shoreland section of the ordinance. Mr. Bright suggested simply removing reference of shoreland in Section 6A.10. Ms. Keene wondered whether removing the reference there would allow an inland lot to be cleared. After some discussion, it was agreed to use Mr. Rothe’s suggestion for change. Suggestion was unanimously approved, 4-0.
Erosion Control: Mr. Tracy moved, with Ms. Reilly seconding, to use Mr. Rothe’s recommendation. Motion approved 4-0.
Mineral Exploration/Extraction: Ms. Keene noted the only site for mineral exploration or extraction was in Hall Quarry, owned by MacQuinn’s Contractors. That particular site was grandfathered. She wondered whether the section was necessary. It was noted there had been no known activity at this particular site for some time. Mr. Bright noted that if the quarry started to become active and the Board removed this section they would have no way in place to regulate it. Ms. Keene noted if they haven’t been active, they may have lost their right to use it for mineral exploration or extraction. They would then have to prove to the Town they’ve used it within the last 18 months. Ms. Keene’s suggestion was to keep it in section 6B.14 but keep it out of Section 6C since there are
none in the shoreland and it’s not a permitted use. All were in favor of this suggestion, 4-0.
Minimum Lot Standards: Ms. Reilly preferred the Town’s wording and suggested using it in Section 6C. Mr. Bright noted the Town’s ordinance was stricter except for the frontage area. Ms. Keene suggested keeping the Town’s wording and seeing what the State says. After much discussion it was agreed to delete Section 6C.10 and incorporate 6C.10.2, 3, 4, and 5 into Section 3.5 as notes. All were in favor of this suggestion, 4-0.
Piers, Docks, Marine: Mr. Tracy moved, with Mr. Clunan seconding, to keep the Town’s section of this ordinance and delete the suggested change. Motion approved 4-0.
Principal Structures: It was noted there had been an agreement between the Town and the State in the 1970’s requiring setback, however the Town is now being required to follow the State’s setback requirements. Mr. Tracy inquired what the ramifications of these rules would be. Ms. Keene noted people will be required to come before the Board rather than the CEO to rebuild in their footprint and the Board will be able to require them to follow the setback, forcing them to move their building site. Mr. Bright opined that this sounded like the State is still leaving the Board with the power to choose not enforce a setback. Mr. Tracy suggested the Board verify that before changing it.
Height was discussed. Mr. Bright suggested, and the Board agreed to remove the sentence regarding towers. Mr. Tracy asked where roof antennas would fall. Ms. Keene suggested removing it for now until the Town had their Tower Ordinance wording in place. Mr. Bright moved, with Mr. Clunan seconding, to strike the last sentence from Section 6C.4. Motion approved 4-0.
Ms. Keene read section 6C.13 noted there was a 100 foot setback for a Great Pond Area, except in shoreland commercial district there was no setback. The Town currently has a 75 foot setback. Mr. Bright suggested keeping what the Town had. Ms. Keene suggested adding Resource Protection as a district and including it within the chart. Mr. Clunan inquired what the basis was for determining a Resource Protection area. Ms. Keene noted it was based on criteria from the DEP. Mr. Bright suggested asking Mr. Rothe to clarify the definition of the Town’s Resource Protection definition in relation to the State’s.
Ms. Keene suggested adding Great Ponds to the ordinance, and put a 100 foot setback regulation all the way across, rather than referring to other definitions. Mr. Bright asked whether we could then delete Section 6C.13, but Ms. Keene suggested it should be left there to refer to. All were in favor of this suggestion, 4-0.
Roads and Driveways: Mr. Bright asked why these also did not have a 100 foot setback from Great Pond Areas. Ms. Keene noted that Mr. Rothe is suggesting Section 6B.6 refers to shoreland. She suggested removing it from the ordinance and including it under Section 6C.14. It was also added that significant wetlands will have a 75 foot setback. The Board was in favor of these suggestions, 4-0.
Septic/Sanitary Waste: Ms. Keene noted she was in agreement with Mr. Rothe’s suggestion. Board approved Mr. Rothe’s suggestion 4-0.
Signs: Board was in agreement with Mr. Rothe’s suggestions, 4-0.
Land Suitability: Board was in agreement with Mr. Rothe’s suggestions, 4-0.
Stormwater: Board was in agreement with Mr. Rothe’s suggestions, 4-0.
Mr. Bright requested that Ms. Keene ask about nonconforming uses and resource protection and that she try to have answers by the next meeting. Ms. Keene agreed to try. Ms. Keene mentioned she had sent the questions on the Definitions that arose from the work the Board did at the last workshop. If the answers were not available by the next meeting, the Board could discuss the Tower Ordinance. Ms. Keene noted there have been three inquiries regarding Towers. Mr. Clunan felt the Board needed cell phone companies to inform the Board of what they need to provide coverage. Ms. Reilly suggested that Acadia National Park is also looking into these issues, they may have some information useful to the Board. Mr. Tracy volunteered to contact those on Bartlett Island regarding towers.
III. Adjournment
Mr. Tracy moved, with Mr. Clunan seconding, to adjourn. Motion approved 4-0. Meeting was adjourned at 7:26.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
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