Town of Mount Desert
Planning Board Minutes
April 14, 2008
Meeting Room, Town Hall
Northeast Harbor
Public Present
Diane O'Connell; Edward W. Gould
Board Members Present
James R. Bright, Chairman, James Clunan, Vice Chairman; Schofield (Sandy) Andrews III; Joseph Tracy; Gerard M. Miller, alt; Patti Reilly, Secretary
James Collier, Town Attorney; Danielle Goodwin, Recording Secretary
I. The meeting was called to order at 6:05 p.m.
II. The minutes were postponed.
III. A remand from the Town of Mount Desert Zoning Board of Appeals instructing the Planning Board to further review Frank Newlin Jr.'s proposed pier, ramp & float back for further findings of fact. (#AP-06-8).
The regular members of the Board are the voting members.
After reviewing the proceedings regarding the application thus far, Chairman Clunan suggested limiting the discussion to only those points that were controversial. The board concluded that there were sufficient findings of fact to support the conclusion that the applicant had met their burden of proof regarding all standards except: 3.14.2, 3.14.7 and 6.6. Attorney's Diane O'Connell and Ed Gould stipulated to the same.
The selected sections of the Checklist for the Land Use Zoning Ordinance of the Town of Mount Desert (03/06/78, as am. through 03/04/03) were reviewed as follows:
** Note: All Conclusions of Law are to be read as if they are prefaced by the words "Based upon said Findings of Fact …"
Section 3. Land Use Districts
14. Marine Structure Performance Standards
x Residential marine structure ? Commercial or public marine structure
1. Access from the shore to the marine structure shall be developed on soils appropriate for such use and measures shall be taken to minimize soil erosion both during and after construction …
Findings of Fact(s):
Conclusion of Law: Access from the shore to the marine structure will [not] be developed on soils appropriate for such use and [but] measures will [not] be taken to minimize soil erosion both during and after construction.
The Board concludes that there are significant findings of fact to support the conclusion that the applicant has met their burden of proof for this standard. Edward Gould Esq. attorney for Mr. Nielsen and Diane O'Connell Esq attorney for the applicant stipulate to the same (5/0)
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):
The Board finds that there are existing marine structures, namely;
" Fixed piling floats (6 or more); and
" 2) Morris Yachts Floats and travel lift
The Board finds there was insufficient evidence provided by the applicant regarding the distance between the proposed dock and said existing structures; instead the Board was provided with conflicting information regarding the distance between the proposed dock and said existing structures, namely:
" Page 11 of 16, Town of Mt Desert Harbor Plan
" Two reductions of a portion of a topographical plan by surveyor Edward B. Jackson; one showing the pile floats hand drawn as being approximately 36 ft from the end of the proposed dock; the other showing the proposed dock marine structure located approximately 36 ft from an unidentifiable point and showing the proposed dock in relation to the approximate extreme low water and approximate mean low water mark.
" Side and aerial view drawn by Doug Beal Jr. dated September 10, 2005;
" Two photographs: one showing the location of the proposed dock at low water, and one showing the location of the proposed dock at high water
Testimony:
" Additionally in his testimony, Mr. Vander Zanden stated that the distance between the end of the dock and pile float was 36-40 ft. [January 9- line 15- page 4]
" Line 8 - Mr. Vander Zanden did not draw to scale because he borrowed the map from the Harbor Master
" The Harbor Master stated that he had seen the sketch. He believed the plan had changed since he wrote the letter but thought it was fine.
" The Harbor Master stated that he didn't have a problem as long as the proposed dock did not go beyond the dredge line nor that the piled slips needed to be moved. However, there was conflicting information from the applicant and the Harbor Master regarding the current location of the dredge line. Therefore, the Board could not find as a fact where the dredge line is.
" Two depictions of the size and orientation of the float are different; in one (the Beal drawing, 091005) it is 24 ft seaward, where as in the Jackson Topographical plan the length of the float extended seaward 12 ft.
Conclusion of Law: The location of the marine structure will unreasonably interfere with access to existing marine structures or points of public access, and it will unreasonably interfere with the use of other marine structures and landing places.
The applicant did not demonstrate to the Board through the evidence submitted that the proposed marine structure will not unreasonably interfere with other marine structures.
MOTIONED BY Mr. Bright; SECONDED BY Mr. Andrews.
A VOTE WAS CALLED AND THE MOTION WAS UNANIMOUSLY APPROVED. (5/0)
[Mr. Bright convened for a 5 minute recess at 7:35 PM. Mr. Clunan reconvened at 7:42 PM.]
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
Maximum 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):
" The dimensional standards listed above have been met.
" The proposed marine structure does not exceed a total distance of more than 1/3 of the width of the water body.
" The distance from the normal highwater line to the mean low water line is in excess of 160 ft- Not applicable
" The Board finds as a matter of fact that to access the lot by water using a dingy would not require a marine structure of the length proposed by the applicant. (proposed length to be at least 184 ft.)
Conclusion of Law: The marine structural dimensional standards have not been met. The facility is designed for the purpose of lot access via a small boat (dinghy) . The facility will 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.
The lot could be accessed by a small boat (dinghy) with a shorter marine structure than is proposed.
MOTIONED BY Mrs. Reilly; SECONDED BY Mr. Andrews.
A VOTE WAS CALLED AND THE MOTION WAS APPROVED. (4/1)
There was brief discussion on how to address Section 6. Mr. Bright and Mr. Miller suggested adjourning and calling an emergency meeting to finish up later in the week as it was getting late and they wanted to ensure the quality of the discussion.
MOTION to call an emergency meeting on April 17, 2008 MADE by Mr. Tracy; SECONDED by Mr. Andrews.
A VOTE WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. (5/0)
VII. Meeting adjourned at 9:53 PM. The next scheduled meeting/public hearing(s) is at 4 :00
p.m., Thursday, April 17, 2008 in the Meeting Room, Town Hall, Northeast Harbor.
IX. The next scheduled meeting/public hearing(s) is in the Meeting Room, Town Hall, Sea
Street, Northeast Harbor at 6:00 p.m., Monday, April 28, 2008.
Respectfully submitted,
Patti Reilly, Secretary
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