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Planning Board Meeting Minutes - 02/21/08 Workshop
Planning Board Meeting Minutes for February 21, 2008
Workshop
Town Office Meeting Room, Northeast Harbor, ME


Public Present
CC Shea; E Pat Foster; David Irvin; Edd Hamor; Peter Lord

Board Members Present                   
James Clunan, Chairman; Jerry Miller

Rich Rothe, Planning Consultant; Kim Keene, CEO


I.      The meeting was called to order at 5:10 p.m.

II.     The Board met with Planning Consultant Rich Rothe of Rothe Associates, to continue the discussions of amending the Land Use Zoning and Subdivision Ordinances.

Chairman Clunan began by asking if the public had read his letter that was published in the news paper. The letter explained the Planning Board's workshops thus far including work with the lighting specialists, and development on moratorium language and steep slopes etc. He suggested the public look over the proposed changes as the Board was interested in public comment as they run through each section.

Section 1 Preamble
There were no changes.

Section 2 General Provisions
Chairman Clunan and Mr. Rothe explained that the changes in this section were mostly reorganization of existing pieces of the ordinance. There was brief discussion of Conditional Use Approvals still requiring a permit and approvals being issued in writing. Chairman Clunan and Mr. Miller explained that the comments in the margin are used for tracking changes.

Section 3 Land Use Districts
Chairman Clunan explained the changes in Section 3.  

Section 4 Non-Conforming Lots
Chairman Clunan explained the changes in Section 4.

Section 5 Conditional Use Approval
Mr. Rothe explained the changes to Section 5.  Mr. Irvin thought the language was similar to that of the sub-division ordinance and suggested a project flow chart. Mr. Shea  inquired about notification of receipt of an application in connection with Section 5.3.1. Mr. Foster pointed out some administrative changes.  Mr. Irvin asked if section 5.8 was all new. Mr. Rothe explained that it was somewhat new and the Planning Board reviewed Section 6A and 6B as referenced in this section. Mr. Clunan briefly reviewed Section 5.5 on amendments.


Section 6 Standards for Uses, Permits, and Approvals
Chairman Clunan acknowledged Peter Lord of the Island Astrology Institute regarding the Section 6A.6 Lighting Standards. Mr. Lord explained that the wording is designed to reflect the preamble and meet the intent of the ordinance. After discussion of the extent of regulation among the public, Mr. Lord explained that this was a very basic standard that would not cover landscaping, interior lighting etc. Mr. Irvin questioned leaving leaving the lighting section in the ordinance if the new LUZO doesn't pass. Mr. Miller explained that it could still be included under Nuisances.

Chairman Clunan reviewed Section 6A.9 Stormwater and stated that the Board would be working on a serious inventory of steep slopes and scenic vistas during 2008 to put together a more comprehensive ordinance in 2009. Mr. Foster didn't see the purpose as he hadn't seen it anywhere else in other standards. Mr. Rothe explained that it would be a new standard. Mr. Irvin pointed out that stormwater runoff seemed to be the main issue and intent to accomplish and the rest of Section 6 was a mix and match of standards. Mr. Clunan passed out the stormwater diagram and Mr. Rothe explained that that this would not require an engineer but a sketch showing the plan for directing the runoff. Mr. Clunan briefly reviewed Section 6A.10 Vegetation.

Chairman Clunan then moved on to Section 6B which may be applicable when reviewing an application. Mrs. Foster asked for clarification of Section 6B.11.4. After brief public discussion and Mr. Hamor gave the example of Mr. Higgins lot, Mr. Rothe explained that the wetlands are protected with a 250 ft setback by the Department of Inland Fisheries and Wildlife which can be seen on the Wading Bird Water Fowl maps provided by IF&W.  Mr. Hamor inquired as to whether this standard would apply to new lots only or existing lots as well. Mr. Rothe clarified that in Section 6B.11 Lots, number 1, 4 and 5 were intended for new lots only and number 2 and 3 would apply to existing lots as well. Mr. Irvin suggested the standards apply to new lots only.

Chairman Clunan then led review of Section 6B.15. There was brief discussion among the public regarding applicability to long-term and temporary campers. Mr. Miller pointed out that would be an enforcement issue.

Chairman Mr. Clunan then went through Section 6B.16 and 6B.18 and explained the changes. Section 6B.18 Street Construction Standards came from the sub-division ordinance.  Mr. Rothe explained that the Driveway Standards are under Section 6B.6

Section 7 Code Enforcement Officer
Mr. Rothe explained Section 7 as he fleshed out each section and made a few administrative changes with public input.

Section 8 Definitions
Chairman Clunan ran through the definitions in Section 8 explaining and adjusting based on public input and discussion.


IV.     Meeting adjourned at 7:55 p.m.  The next regular scheduled Planning Board meeting/public hearing(s) is at 6:00 p.m., February 28, 2008 in the Meeting Room, Town Hall, Northeast Harbor.



Respectfully submitted,




Patti Reilly, Secretary