Town of Mount Desert Planning Board Meeting Minutes
March 10, 2008
Town Office Meeting Room, Northeast Harbor
Public Present
Noel Musson, CES; Peter Lord, Island Astronomy Institute
Board Members Present
James Clunan, Chairman; James R. Bright, Vice Chairman; Schofield (Sandy) Andrews III; Gerard M. Miller, alt; Patti Reilly, Secretary
Kim Keene, CEO; Danielle Goodwin, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the January 28, 2008 Planning Board Meeting, January 7, 2008, January 17, 2008, January 24, 2008, Planning Board were postponed.
III. New Business
Revised LUZO and the Outdoor Lighting Standard: Consideration of Comments from the Selectmen and the Warrant Committee
Chairman Clunan began the discussion by reviewing the comments of the Town Attorney, Mr. Collier and the Warrant committee on the proposed Lighting Ordinance. He explained that the lawyers were concerned that the word "dimmer" in the current draft would invite disputes and needed to be clarified. Mr. Clunan then ran through a few options to do so including specifying a way of measuring degrees of "dimness." Peter Lord explained that the common way of measuring light was in footcandles which any professional or engineer would be familiar with. There was further discussion among the Board regarding what would be covered and using literature that everyone could understand. Mr. Lord explained that this ordinance is geared more toward commercial lighting and really designed to catch the "worst-of-the-worst."
Mr. Miller wanted to make sure that our ordinance didn't require every applicant to hire an engineer. The Board further discussed possible revisions to the draft lighting ordinance. Noel Musson being in the engineering field also recommended leaving the standard broad with "such as gas stations" so that it can be applied in commercial and worst case senarios when needed. He also added that measuring light impact in footcaandles is relatively simple and any can easily be shown on a draft plan. Chairman Clunan postponed Board discussion until after the public hearings.
IV. Public Hearings
Conditional Use Permit
A. OWNER(S) NAME: Sarah Peter
AGENT: Civil Engineering Services, Inc.
LOCATION: 95 Cooksey Drive, Seal Harbor
TAX MAP: 1 LOT: 2 ZONING: SR2
PURPOSE: 3.5 (Non-Commercial) Outdoor Recreational Facilities -
Swimming Pool. (CUP #002-2008)
SITE INSPECTION: 4:00PM
No conflict of interest was reported. *The regular members present are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
Site Inspection was attended by Mr. Clunan and Mr. Andrews and reported by Mr. Andrews. The land is on the side of the house and is virtually invisible from abutters and the water. It doesn't appear to require setbacks although there is a stream about 30 feet away. The land is not level and would need to be raised at the North end.
Noel Musson of CES confirmed that they would have to raise the grade a bit. He added that the "stream" was deemed a brook by the DEP and although it was not governed by the Town, they would be meeting the DEP's setbacks. There were no objections from abutters. After lengthy discussion regarding the "brook" or "stream" it was decided that it did not meet the Town's definition of a stream. It is a tributary stream. However, the Town has not yet adopted a definition for tributary streams into the ordinance and therefore Town setbacks do not apply. Mrs. Keene pointed out that the building currently located where the pool would be is actually closer to the stream than the pool will be.
The Board then discussed at length how the pool would be pumped. Mr. Bright and Mrs. Reilly expressed concern for the pollution of water sources due to the chlorinated water. It was discussed among the Board members and Mr. Musson at length and decided to place a condition on the permit prohibiting disposal of the pool water directly into the brook, ocean or within 75 feet from either.
MOTION TO APPROVE MADE BY Mr. Andrews ; SECONDED BY Mr. Miller.
The Standards of Section 6 of the LUZO, as amended March 7, 2006, were reviewed as follows:
6.1 Expert Testimony: The Planning Board or code enforcing officer(s) in deciding whether or not to issue a permit shall be governed by the standards set forth in this section. The Planning Board or code enforcing officer(s) may reasonably require an applicant for a permit to furnish at the applicant's expense expert testimony, including documentary material, to prove compliance with such standards. The Board finds that testimony from John Cullen of the DEP, and CEO conforms as expertise for this Section 6.1. (4/0)
6.2 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. Proposed uses requiring subsurface wastewater disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report, prepared by a State certified soil scientist or geologist based on an on site investigation. Within the shoreland zone, the persons qualified to prepare these reports shall be certified by the Department of Human Services. Suitability considerations shall be based primarily on criteria employed in the National Cooperative Soil Survey as
modified by on site factors such as depth to water table and depth to refusal. The Board finds that CES has shown that the pool can be located in compliance with Section 6.2 as stated above. (4/0)
6.3 Sanitary Standards:
1. 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 6 are met.
2. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:
1. All subsurface sewage disposal systems shall be located in areas of suitable soil of at least one thousand (1,000) square feet in size (which is defined by State of Maine Wastewater Disposal Rules, 144A CMR 241, Tables 700.1 and 700.2).
2. The minimum setback for subsurface sewage disposal systems shall be no less than one hundred (100) horizontal feet from the normal high water mark of a water body. This requirement shall not be reduced by variance except for replacement systems.
3. Holding tanks for sanitary wastes will be permitted only when approved by the Plumbing Inspector, and only if arrangements have been made for periodic removal and disposal of wastes in accordance with all laws and the tank is constructed of impervious material. The Board finds that Section 6.3 is not applicable. (4/0)
6.4 Erosion Control:
1. Filling, grading, lagooning, dredging, earth moving activities, and other land use activities shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
2. 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.
3. On slopes greater than twenty-five (25) percent, there shall be no grading or filling within one hundred (100) feet of the normal high water mark, except to protect the shoreline and prevent erosion.
4. Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet lying either wholly or partially within the area covered by this ordinance is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with the provisions of a Conservation Plan which meets the standards of the State Soil and Water Conservation Commission, and is approved by the appropriate Soil and Water Conservation District. The number of the plan shall be filed with the Planning Board. Non conformance with the provisions of such Conservation Plan shall be considered to be a violation of this ordinance. The Board finds that the information provided on page 7 of the application booklet meet the
standards of Section 6.4.1 and 6.4.3 and are in conformance with Section 6.4 as stated above; Section 6.4.2 and 6.4.4 are not applicable. (4/0)
6.5 Vegetation:
1. 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. 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 Permit from the Planning Board.
3. 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. 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. A CEO Permit is required for cutting timber larger than 4" DBH when the total amount to be cut is greater than 10 cords but less than 50 cords in any one year period.
6. A CUP is required from the Planning Board for cutting timber larger than 4 inches DBH when the total amount to be cut is 50 cords or more in any one year period. The Board finds that Section 6.5 is not applicable as stated above. (4/0)
6.6 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, visual impact, proximity to other structures, and density of development. The Board finds that the proposed use is compatible and in conformance with Section 6.6 as stated above. (4/0)
6.7 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. The Board finds that the proposed use shall not unduly burden the Town's facilities and is in conformance with Section 6.7 as stated above. (4/0)
6.8 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. Sufficient off-street parking shall be available. The Board finds that the proposed use is in conformance with Section 6.8 as stated above. (4/0)
6.9 Preserving the Town's Character: 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 3.5 and shall be in accord with the Comprehensive Plan. The Board finds that the proposed use is in conformance with Section 6.9 as stated above. (4/0)
6.10 Nuisances: Notwithstanding any other standard in this section, the Planning Board shall not issue any conditional use permit for any proposed use which if established would be obnoxious or offensive by reason of odors, dust, smoke, gas, fumes, vibration, noise, or other objectionable features, nor for any use which would prove injurious to the safety and welfare of the neighborhood. The Board finds that the proposed use when established will be in conformance with Section 6.10 as stated above. (4/0)
A VOTE WAS CALLED AND THE MOTION TO APPROVE with the condition that the applicant shall not dispose of the pool water directly into Birch Brook, directly into the Ocean, or any point within 75 feet thereof CARRIED UNANIMOUSLY (4/0).
IV. New Business Continued
Revised LUZO and the Outdoor Lighting Standard: Consideration of Comments from the Selectmen and the Warrant Committee.
The Board then reviewed the rest of the comments regarding the definitions in the LUZO. Mr. Andrews pointed out that public utilities should really be looked at thoroughly and have it's own definition and not be simply added on to structures. After brief discussion the Board agreed. There was brief discussion regarding Redzone which determined that they had the same permit exemptions as utility poles.
Consultation with Mrs. Keene on meaning of her addition of cupolas lead to the removal of "mechanical equipment" and changing "cupola" to "weather vane" for clarification.
After correcting a few administrative typos the Board discussed comments on adding "No Trespassing" or "Beware of Dog" signs in addition to "No Hunting" signs in Section 6B.17.4.4. After brief discussion the Board decided to add "No Trespassing" signs for now as it wasn't meant to exclude them and take a closer look at the signs ordinances later.
V. Other
Chairman Clunan briefed the Board on a phone call he received from Mr. McGillicuddy, the President of the Summer Resident Association. Mr. McGillicuddy expressed the concerns of many summer residents as they had heard that the new LUZO was going to take away shoreland rights. When Mr. Clunan explained that was not the case, Mr. McGillicuddy asked if he and a few other Board Members would mind speaking at the next Summer Resident's Association meeting along with a few BOS members. Mr. Clunan nominated Mr. Bright to join him.
VI. Meeting adjourned at 9:07 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, March 24, 2008 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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