Town of Mount Desert Planning Board Public Hearing
Minutes of October 26, 2009
Public Present
Sumner Rulon-Miller, Jim Patterson, Bill McHenry, Dick Broom, Mark Reece, Stephanie Reece, Marilyn Damon, Terry Reece, Beth White, David White, Chuck Bucklin
Board Members Present
Ellen Brawley, Joseph Tracy, Patti Reilly, Sandy Andrews, James Clunan, James Bright
Kimberly Keene, CEO, Heidi Smallidge, Recording Secretary
I. Call to Order
The meeting was called to order at 6:06 p.m. by Mr. Bright.
II. Approval of Minutes
Minutes could not be approved due to the lack of Board Members attending the meetings in question.
III. Conditional Use Permit(s):
A. Conditional Use Approval Application # 014-2009
OWNER(S): Monica Lewis & Jeffrey P. Resnik, Trustees
AGENT(S): James E. Patterson, Atty. & William McHenry, Architect
LOCATION: 89 Bartlett’s Landing Road, Mount Desert
TAX MAP: 11 LOT: 30 ZONE(S): SR3
PURPOSE: Section 3.4 – Non-Commercial Outdoor Recreational
Facility – Swimming Pool. Non-Commercial Indoor Recreational Facility – Activities Building – Exercise Room
& Yoga Room.
SITE INSPECTION: 3:00PM
It was determined there was adequate public notice. No conflict of interest was reported. It was noted that the voting Board Members for this approval would be Mr. Bright, Mr. Clunan, Mr. Tracy, Mr. Andrews, and Ms. Reilly.
Mr. Bright, Mr. Andrews, and Mr. Tracy attended the site inspection. Mr. Andrews reported that the site was set well into the woods and not visible from the road or the neighbors. It was built at a level high above and at a distance from the water.
There were no comments from the CEO. Ms. Keene reported one phone call from Ms. Benjamin voicing concerns about the aquifer for the pool. Ms. Keene mentioned the lot was 7.29 acres and the house was on a well. Mr. Patterson stated a new well would be dug for this project. It was Mr. McHenry’s feeling that the water necessary for the pool would not be enough to affect the aquifer.
Mr. Tracy moved, with Mr. Andrews seconding, to approve the application.
Mr. Andrews had questions regarding the pool, specifically about how the water was treated and how the pool water would be drained. Mr. McHenry noted the pool water is saline, though not a true salt pool, and not treated with chlorine. The pool would not need to be completely emptied, and the water would be spread through the woods. Care would be taken so the vegetation was not hurt.
Land Use Zoning Ordinance of the Town of Mount Desert
(03/06/78, as am. through 05/6/08)
** Note: All Conclusions of Law are to be read as if they are prefaced by the words “Based upon said Findings of Fact …”
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 pool will be 50 feet long and 20 feet wide, surrounded by a four foot Fence and 60 foot by 32 foot activity building. The lot is 7.29
acres. (5-0)
Visual Impact:
Findings of Fact(s): The pool activity building will not be visible from Bartlett Landing Road or neighbors
(5-0)
Proximity to other structures:
Findings of Fact(s): The swimming pool will be about ten feet from the owners building and Pool house will be approximately 90 feet from any existing buildings.
(5-0)
Density of Development:
Findings of Fact(s): The total area of proposed and existing building is less than 12,000 square feet. Building coverage of lot < 4%.
(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,
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): The construction area will be surrounded by a silt fence to control erosion.
(5-0)
Conclusion of Law: Filling, grading, etc. will be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
(5-0)
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 bsp;
(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):
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
(5-0)
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 land is ledge and erosion not a concern.
(5-0)
Conclusion of Law: Proposed land use of swimming pool and activity building 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.
(5-0)
6A. 6 Lighting - Outdoor
p;
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; XN/A sp; X N/A al" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">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): Applicants have a well designed and planned project that takes Into consideration neighbors and neighborhood.
(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 v align="left" style="text-align:left;">
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): Clearing of trees and vegetation will meet the standards of this ordinance.
(5-0)
Conclusion of Law: Clearing of trees and vegetation will meet the standards of this
Ordinance.
(5-0)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
All but subsection 6B.7 are N/A. 6B.7 is the applicable standard is met.
(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.
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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 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.
6B. 8 Fences and walls
X N/A
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: …
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6B. 11 Lots X N/A
1. Lots abutting more than one road …
Not Met
5. Measurement of lots …
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 yle="font-family:Arial;font-size:9pt;color:#000000;">X N/A font-size:9pt;color:#000000;">
10. There shall be no more than one marine structure on a lot.
X N/A e="Arial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">6B. 16 Sanitary Standards
1. 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
" style="font-family:Arial;font-size:9pt;color:#000000;">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
4. Signs Permitted: Permanent Signs:
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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;
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 , the following conditions apply:
(5-0)
B. Conditional Use Approval Application # 015-2009
OWNER(S): David & Elizabeth White
LOCATION: 144 Main Street, Northeast Harbor
TAX MAP: 24 LOT: 117 ZONE(S): VC
PURPOSE: Section 3.4 - Restaurant
SITE INSPECTION: 4:15PM
Due to Mr. Tracy needing to leave the meeting early, it was agreed that the voting members for this application would include Mr. Bright, Mr. Clunan, Mr. Andrews, Ms. Reilly, and Ms. Brawley.
It was found that there was adequate public notice in the paper. No conflict of interest was found. Ms. Brawley, Mr. Clunan, Mr. Bright, and Mr. Andrews attended the site inspection.
Mr. Clunan stated the site was on Main St., on the East side. The area is wooded with vegetation and exposed ledge. The area is largely flat, sloping towards the east. There is parking in the back and on Kimball Lane. Around the building there are small locations for outdoor relaxation.
Mr. Bright stated he did not feel the application was adequately completed. It was not noted where seating would be. He felt the application could not be approved without a precise plan.
Mr. Andrews agreed. He felt the Board would not have a clear idea of what they were approving. It was his opinion that he could state no problem with the idea of a restaurant on the site but approval would require specific details on issues like kitchen expansion, placement of fans, and seating. Mr. Bright noted seating was planned for Main St., and along the south side.
Ms. White informed the Board that knowing the Planning Board wouldn’t be completely opposed to the possibility of a restaurant on the site was helpful. She noted a potential buyer was interested in the site. She added that the potential buyer was prepared to provide parking and it would be helpful to know what the Town would expect from a new owner with plans for a restaurant.
Mr. Bright reiterated that the information Ms. White requested could not be given without more information. A firm plan would have to be presented that the Board could look at and vote on. Until that happened Mr. Bright was unwilling to give any opinion on the matter. The Board gave to Ms. White the choice of withdrawing the application or the Board rejecting the application. Ms. White withdrew her application.
Mr. Andrews voiced concern about outdoor dining in the downtown area. It does change the residential nature of the downtown area. He wondered whether there was a way to assess the Town’s vision of their downtown area. He felt it would be more useful to have more guidance. Ms. Brawley voiced concern over parking and the amount required for such businesses. Mr. Tracy noted that currently there was no requirement for parking. Mr. Bright questioned how the Town would get the Town’s general consensus on an issue like the nature of the downtown area. Mr. Clunan reminded the Board of the thirty letters in favor of the Basso restaurant, noting it was the opinion of those people that a downtown restaurant was wanted.
Mr. Andrews moved, with Mr. Clunan accepting, to accept the application’s withdrawal. Motion approved 5-0.
IV. Adjournment
Mr. Tracy moved, with Mr. Bright seconding, to adjourn. Motion approved 6-0. Meeting was adjourned at 7:00.
Respectfully Submitted,
Heidi Smallidge, Recording Secretary
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