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Planning Board Meeting Minutes - 04/28/08
Town of Mount Desert
Planning Board Meeting Minutes
April 28, 2008
Meeting Room, Town Hall
Northeast Harbor


Public Present
Jim Patterson; David Blanchard; Don Chambers; Marilyn Chambers; Christopher Rose; Deb Dewalt; Steve Pinkham; Karen Pinkham; Debra Deal

Board Members Present                   
James Clunan, Chairman; Schofield (Sandy) Andrews III; Joseph Tracy; Gerard M. Miller, alt; Patti Reilly, Secretary

Kim Keene, CEO; Danielle Goodwin, Recording Secretary


I.      The meeting was called to order at 6:04 p.m.

II.     Approval of minutes was postponed until after the CUPs.

III.    Public Hearing

Conditional Use Permit(s):

A.      Conditional Use Permit # 004-2008
                NAME:  Sailing Bartlett Narrows Nominee Trust, Patricia R. Hurley, Trustee
                AGENT: Christopher Rose
                LOCATION:  12 Narrows Rd., Mount Desert
                TAX MAP:  11      LOT:  33   ZONE(S):  Shoreland Residential 3
PURPOSE: Section 5.7 - An Amendment to a Conditional Use Permit (CUP # 98-24) Add an additional 16' X 15' temporary float.    
SITE INSPECTION:  2:45 PM


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. Andrews. He reported that the application was to extend an existing float and would not inhibit navigation or restrict the Narrows.

There was brief discussion as to the need for the extension. Mrs. Keene and Mr. Patterson pointed out that though there was no formal easement there would be at least two lots (Lot 32 and 33) sharing this float. Mr. Andrews suggested that if the application was approved based on the fact that the float would be serving two lots, than if it was no longer being shared they should relinquish the addition. Mrs. Keene and Mr. Miller suggested conditioning the approval.

Mrs. Keene noted that although Harbor Master, Mr. Murphy was not able to attend, he had expressed no concern with navigation in a prior conversation.


MOTION TO APPROVE MADE BY Mr. ANDREWS; SECONDED BY MILLER.

The Standards of Section 5.7 Amendments were reviewed as follows:

5.7     An amendment to a Conditional Use Permit may be issued by the Planning Board only:

1.      in conformity with the procedural and substantive requirements set forth in Sections 3 and 6;
The Board finds with the condition that it remain a communal marine structure less than 800 square feet, that the application is in conformance with Section 3, has already met Section 6 and therefore, is in conformance with Section 5.7.1. (4/0)

2.      on finding that there have been significant changes of conditions or circumstances; and
The Board Finds based on heard testimony that the adjacent lot # 32 will be sharing the marine structure, the applicant's attorney Mr. Patterson has indicated that the owners of the two lots are closely related and that the condition on maintaining the 800 sq foot allowance will only be in effect as long as the two lots make it a communal marine structure constitute a significant change and accordingly are in conformance with Section 5.7.2. (4/0)

        3.      when justified by a statement of findings of fact and reasons.
The Board finds that through the previous findings in Section 5.7.1 and 5.7.2 they have justified the amendment of the CUP with the condition that it is a shared marine structure between two or more shorefront lots and is accordingly in conformance with Section 5.7.3. (4/0)

A VOTE WAS CALLED AND THE MOTION TO APPROVE WITH THE CONDITION THAT THE MARINE STRUCTURE BE SHARED BY TWO OR MORE SHOREFRONT LOT OWNERS IN THE NEIGHBORHOOD CARRIED UNANIMOUSLY (4/0).



        D.      Conditional Use Permit # 007-2008
                NAME: Camp Beech Cliff
                LOCATION:  264 Beech Hill Road, Mount Desert
                TAX MAP: 7   LOT: 89   ZONE(S): Rural Woodlands 3 & Shoreland Residential5
                PURPOSE:  Section 5.7 - An Amendment to a Conditional Use Permit (CUP #
                98-03) Increase the number of staff living on site for the summer camp program.                 Erect three 20' X 16' tent platforms.   
                SITE INSPECTION:  3:30 PM
        
        
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 Mrs. Keene and Mr. Andrews. Mr. Andrews reported that the site was located about 400 yards from the office, on a fairly level lot behind a steep and therefore invisible from Beech Hill Rd and most of the camp. The site is also within walking distance from the toilet facilities.

Mrs. Keene pointed out that there had been a series of sub applications affecting different parts and functions of the camp as showing a sign of growth and success.  There was discussion regarding camp fires, parties on campus and septic capacity. Mrs. Deal explained that the camp works with the fire department for their annual bonfire and that there are very strict rules on campus. She further explained that the goal was to hire locally however, they may need housing to attract enough staff to meet the required ratios.  Mrs. Keene also stated that the septic was designed for expansion and would cover the proposed use.

MOTION TO APPROVE MADE BY MR. MILLER ; SECONDED BY MR. ANDREWS.

The Standards of Section 5.7 Amendments were reviewed as follows:

5.7     An amendment to a Conditional Use Permit may be issued by the Planning Board only:

2.      in conformity with the procedural and substantive requirements set forth in Sections 3 and 6;
The Board finds that the applicant has shown a projected increase in overnight staff, they are in conformance with Section 3 and Section 6, activities are compatible with other permitted uses in the district and will not create a nuisance and is therefore in conformity with Section 5.7.1. (4/0)

3.      on finding that there have been significant changes of conditions or circumstances; and
The Board Finds the application proposes to increase staff and housing which are significant changes to previous permits and is therefore in conformance with Section 5.7.2. (4/0)

        3.      when justified by a statement of findings of fact and reasons.
The Board finds that through the previous findings in Section 5.7.1 and 5.7.2 they have justified the amendment of the CUP with the condition that there be no open flames in the area of the tent platforms and is accordingly in conformance with Section 5.7.3. (4/0)

A VOTE WAS CALLED AND THE MOTION TO APPROVE WITH THE CONDITION THAT THERE BE NO FIRES OR OPEN FLAMES IN THE AREA OF THE THREE TENT PLATFORMS CARRIED UNANIMOUSLY (4/0).



B.      Conditional Use Permit # 005-2008
                NAME:  Steve Pinkham            
                LOCATION:  29 Upper Dunbar Rd, Seal Harbor
                TAX MAP:  4       LOT:  11-3    ZONE(S): Village Residential 2
PURPOSE: Section 3.4.6 Excavation of filling greater than 50 cubic yards in a twelve month period with slopes greater than 4:1 or within one hundred feet from the high water line of a water body.
SITE INSPECTION:  5:15 PM

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. Andrews and Mrs. Keene. Mr. Andrews reported the lot was at the far North end of the Upper Dunbar Rd and was mostly forested wetlands. Mr. Pinkham proposed to fill the area to the immediate right about 30 feet off the driveway with a garage apartment for his daughter.  Eventually he plans to expand the fill further in the area to build more storage and work space. The property has a slight East to West slope. Mr. Pinkham does have a permit from the Department of Environmental Protection (DEP).  

The Board then reviewed the Maps.

MOTION TO APPROVE MADE BY MR. MILLER; SECONDED BY MRS. REILLY.

There was no public comment.

Mrs. Keene stated that the mentioned 60 ft by 40 ft building would be for personal and caretaker use. However, the application was only advertised for fill therefore Mrs. Keene suggested that the CUP for the building permit be waived.

The Checklist for review of Standard 6 of Land Use Zoning Ordinance of the Town of Mount Desert was 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 …"


STANDARDS OF SECTION 6:

6.1 EXPERT TESTIMONY:   ? Required                      x Not Required (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 …

Findings of Fact(s):
"       The proposed uses are located on wetland soil.
"       Fill will be placed in 2 areas- Upper Dunbar and near existing garage, where the structure will be placed.
"       The Maine DEP and USACE have issued permits approving filling of wetlands.

Conclusion of Law:      Proposed land use of    filling of 0.286 acres of wetlandwill 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.

The proposed filling of 0.286 acres of wetland will not cause adverse environmental impact as stated above and indicated in the permit issued by Maine DEP and USACE.                                                                                                   (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.

x       N/A
?       Applicable, but not within 200'
?       Applicable, is within 200', but requirement waived
?       Applicable, is within 200', connection required
Findings of Fact(s):
"       The application is for filling only.

Conclusion of Law:      
This section and all of its subsections as stated are not applicable.                                                                                                                           (4/0)   

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 …

Findings of Fact(s):                                                                            
                                                                                                        
                                                                                                        

Conclusion of Law:      All subsurface sewage disposal systems will [not] be located in areas of suitable soil of at least one thousand (1,000) square feet in size.  
______________________________________________________________________
______________________________________________________________________  


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.

Findings of Fact(s):                                                                                                                                                                                                                                                                                         

Conclusion of Law:      The minimum setback for subsurface sewage disposal systems has [not] been met.                                                                                  _________________________________________________________________

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.

Findings of Fact(s):                                                                                                                                                                                                                                                                                         

Conclusion of Law:                                                                              
                                                                                                        
                                                                                                        

6.4 EROSION CONTROL:

1.      Fill, 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.

Findings of Fact(s):
"       Mr. Pinkham will serve as the general contractor.
"       Mr. Pinkham insured that best management practices will be used where soil is to be moved.

Conclusion of Law:      Fill and earth moving activities will be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
                                                                                                                                                                                                         (4/0)   

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.

Findings of Fact(s):
No sand or gravel will be moved from natural beaches.

Conclusion of Law:      This standard   is not applicable.                      _____   _________________________________________________________________

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.

Findings of Fact(s):
"       There are no slopes greater than 25% located in the project area.

Conclusion of Law:      This standard   is not applicable.                              
        _________________________________________________________________
4.      Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet … is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with …

Findings of Fact(s):
"       There is no tilled soil.


Conclusion of Law:      This standard is not applicable.                                        


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 than10 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
Findings of Fact(s):
"       More then 25% of the trees within 25 feet of a Town Road will be removed and Best Management Practices will be used.
"       There will be no accumulation of slash.
"       The lot is not located in a Shoreland zone.
"       The amount of cut timber will be less then 10 cords.

Conclusion of Law:      The application  is in conformance with section 6.5 in terms of vegetation_____________.                                                _________(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:
Findings of Fact(s):
"       The applicant is proposing to fill 0.26% of the land parcel.
"       There is other comparable open space in the district.

Visual Impact:
Findings of Fact(s):
"       The applicant is proposing to fill 0.26% of the land parcel.

Proximity to other structures:
Findings of Fact(s):
"       The applicant is proposing to fill 0.26% of the land parcel.
"       There are nearby structures in the neighborhood.

Density of Development:
Findings of Fact(s):
"       The applicant is proposing to fill 0.26% of the land parcel.
"       There are nearby structures in the neighborhood.


Conclusion of Law for s. 6.6 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,                                                                                  (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.

Findings of Fact(s):            
"       The application is for fill only and will not require the use of Town Services.

Conclusion of Law:      The application for     fill only__ will [not] unduly burden the capacity of the Town's facilities.  [In particular, an undue burden will be placed upon]       
                                                                                                        
                                                                                                (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.

Findings of Fact(s):
"       The application is for fill.

Conclusion of Law:      The application is for fill                                             
                                                                                                (4/0)   

Sufficient off-street parking shall be available:
Findings of Fact(s):
"       The application is for fill.

Conclusion of Law:
        The section is not applicable.                                                          
                                                                                                (4/0)   

6.9 PRESERVING 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 or C in Section 3.5 and shall be in accord with the Comprehensive Plan.

Findings of Fact(s):    
"       All trees in areas where fill is placed will be cut.
"       Other lots in the neighborhood have very few if any trees and fill has been placed on most lots.

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 tend to change the historical or cultural character of the neighborhood.  Such use will be similar to a use specified as P or C in Section 3.5 and will be in accord with the Comprehensive Plan.

In particular,                                                                                                                                                                                                                                                                                                   (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 reasons of:

Odors;          ? N/A           x Applicable, Standard Met      ? Applicable, Standard Not Met
Dust;           ? N/A           x Applicable, Standard Met      ? Applicable, Standard Not Met
Smoke;  ? N/A           x Applicable, Standard Met      ? Applicable, Standard Not Met
Gas;            ? N/A           x Applicable, Standard Met      ? Applicable, Standard Not Met
Fumes;  ? N/A           x Applicable, Standard Met      ? Applicable, Standard Not Met
Vibration;      ? N/A           x Applicable, Standard Met      ? Applicable, Standard Not Met
Noise; or       ? N/A           x Applicable, Standard Met      ? Applicable, Standard Not Met
Other Objectionable Features
                ? N/A           x Applicable, Standard Met      ? Applicable, Standard Not Met

Nor for any use which would prove injurious to the safety and welfare of the neighborhood.

Findings of Fact(s):    
"       The application is for fill.
"       Best Management Practices will be used according to Mr. Pinkham.

Conclusion of Law:      The application and  resulting fill will not create a nuisance as stated above and is in compliance with this section.                                          
                                                                                                (4/0)   


A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (4/0).



C.      Conditional Use Permit # 006-2008
                NAME:  Chambers Ocean Front Cottages, LLC - Donald Chambers
                LOCATION:  72 Hall Quarry Road, Hall Quarry
                TAX MAP: 8    LOT: 147    ZONE(S):  Rural Woodland 2 & Shoreland
                Residential 3
PURPOSE:  Section 3.4.7 Fences & Walls
SITE INSPECTION:  4:15 PM


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 Mrs. Keene and Mr. Andrews. Mr. Andrews reported that the fence currently runs between the Chambers lot and the Musetti Campground with the finished side facing in. Mr. Chambers has proposed replacing the fence to fix that, provide more privacy and extend at the water end by one fence section. Because the land is uneven due to excessive runoff the fence can't follow the land and may exceed 6 ft high in some places.

MOTION TO APPROVE MADE BY MR. MILLER; SECONDED BY MR. ANDREWS.

Mrs. Keene stated that she received inquiries from the Musetti's and Mary Chambers but has heard nothing since her response.

The Checklist for review of Standard 6 of Land Use Zoning Ordinance of the Town of Mount Desert was 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 …"


STANDARDS OF SECTION 6:

6.1 EXPERT TESTIMONY:   ? Required                      x Not Required


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 …

Findings of Fact(s):
"       The fence has been established and maintained for 40 years.
"       The fence extension will be constructed in the same type of land.

Conclusion of Law:      Proposed land use of    the restored fence and its extension    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.
                                                                                                                                                                                                                                                                                                                          


6.3     SANITARY STANDARDS:  

3.      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.

x       N/A
?       Applicable, but not within 200'
?       Applicable, is within 200', but requirement waived
?       Applicable, is within 200', connection required
Findings of Fact(s):                                                                            
                                                                                                        
                                                                                                        

Conclusion of Law:                                                                              
                                                                                                        
                                                                                        (4/0)____       

4.      All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:

4.      All subsurface sewage disposal systems shall be located in areas of suitable soil of at least one thousand (1,000) square feet in size …

Findings of Fact(s):            NA                                                              
                                                                                                        
                                                                                                        

Conclusion of Law:      All subsurface sewage disposal systems will  be located in areas of suitable soil of at least one thousand (1,000) square feet in size.  
______________________________________________________________________
_______________________________________________________________(5/0)___ 


5.      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.

Findings of Fact(s):            NA                                                                                                                                                                                                                                                                               

Conclusion of Law:      The minimum setback for subsurface sewage disposal systems has [not] been met.                                                                                  _________________________________________________________________

6.      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.

Findings of Fact(s):            NA                                                                                                                                                                                                                                                                               

Conclusion of Law:                                                                              
                                                                                                        
                                                                                                        

6.4 EROSION CONTROL:

5.      Fill, 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.

Findings of Fact(s):
"       Best Management Practices will be used absolutely! When soil is disturbed for posts.

Conclusion of Law:      Fill, earth moving activities, and other land use activities will be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
                                                                                                                                                                                                         (5/0)   

6.      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.

Findings of Fact(s):                                                                            
                                                                                                        
                                                                                                        

Conclusion of Law:      This standard has [not] been met.                                                                                                                                        

7.      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.

Findings of Fact(s):            NA                                                              
                                                                                                        
                                                                                                        

Conclusion of Law:      This standard has [not] been met.                                                                                                                                        

8.      Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet … is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with …

Findings of Fact(s):            NA                                                              

Conclusion of Law:                                                                              


6.5 VEGETATION:

7.      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.

8.      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.

9.      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.

10.     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.

11.     A CEO Permit is required for cutting timber larger than 4" DBH when the total amount to be cut is greater than10 cords but less than 50 cords in any one year period.

12.     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.

Findings of Fact(s):
"       A few trees will be pruned or removed.

Conclusion of Law:      Removal of trees will be within the permitted use.              
                                                                                                        
                                                                                                (5/0)   

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:
Findings of Fact(s):
"       The proposed fence replaces an existing fence of similar size and style.

Visual Impact:
Findings of Fact(s):
"       The proposed fence replaces an existing fence of similar size and style.


Proximity to other structures:
Findings of Fact(s):
"       The proposed fence replaces an existing fence of similar size and style.


Density of Development:
Findings of Fact(s):
"       The proposed fence replaces an existing fence of similar size and style.


Conclusion of Law for s. 6.6 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,  The use has been established.                                                   
                                                                                                        
                                                                                                (5/0)   

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.

Findings of Fact(s):    Fences do not require Town Services.            __________
                                                                                                        
                                                                                                (5/0)   

Conclusion of Law:      The proposed            fence                    will not unduly burden the capacity of the Town's facilities.  [In particular, an undue burden will be placed upon]                                                                                             
                                                                                                (5/0)   


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.

Findings of Fact(s):
"       No portion of the fence is near a road or water fence with sight lines therefore, not applicable.

Conclusion of Law: The proposed use 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.                        NA                                              
                                                                                                (5/0)   

Sufficient off-street parking shall be available:
Findings of Fact(s):            NA                                                      _____
                _______________________                                                                                                                                                          

Conclusion of Law: Sufficient off-street parking will [not] be available:
                        NA                                                                              
                                                                                                        

6.9 PRESERVING 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 or C in Section 3.5 and shall be in accord with the Comprehensive Plan.

Findings of Fact(s):    
"       The proposed fence is replacing an existing fence.

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 tend to change the historical or cultural character of the neighborhood.  Such use will be similar to a use specified as P or C in Section 3.5 and will be in accord with the Comprehensive Plan.

In particular,                                                                                                                                                                                                                                                                                                           

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 reasons of:

Odors;          x N/A           ? Applicable, Standard Met      ? Applicable, Standard Not Met
Dust;           x N/A           ? Applicable, Standard Met      ? Applicable, Standard Not Met
Smoke;  x N/A           ? Applicable, Standard Met      ? Applicable, Standard Not Met
Gas;            x N/A           ? Applicable, Standard Met      ? Applicable, Standard Not Met
Fumes;  x N/A           ? Applicable, Standard Met      ? Applicable, Standard Not Met
Vibration;      x N/A           ? Applicable, Standard Met      ? Applicable, Standard Not Met
Noise; or       x N/A           ? Applicable, Standard Met      ? Applicable, Standard Not Met
Other Objectionable Features
                x N/A           ? Applicable, Standard Met      ? Applicable, Standard Not Met

Nor for any use which would prove injurious to the safety and welfare of the neighborhood.

Findings of Fact(s):    
"       The proposed fence is replacing an existing fence.

Conclusion of Law:  The proposed fence will not create a nuisance because the use had been established.                                                                         
                                                                                        (5/0)           

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5/0).


IV.     The minutes from the February 21, 2008 and February 28, 2008 Planning Board Workshops and the March 24, 2008 Planning Board Meeting were unanimously approved as amended.

V.      Workshop
Discuss "Draft" copies of Subdivision Ordinance proposal received via e-mail March 3,
        2008.  Appendix, Article 4 - Procedures for Filing Subdivision Applications & Article 5 -
        General Submission Requirements and Design Standards.

The Board decided that it was too late to discuss the details of the reading material provided on subdivisions and therefore postponed the discussion. The Board briefly discussed Randall Arendt's presentation especially his theory on maintaining flexibility rather than mandating.  Chairman, Clunan noted that he was impressed by the fact he'd written two books and suggested the Board find a way to get copies through the Town or Library for members to review before proceeding with Mr. Ardent.

The Board decided to put the subdivision review on hold and focus on the scenic vistas first.  They would like to have Mr. Rothe back to work on the ordinances regarding scenic vistas.  However, the Board would like to do some research in defining scenic views before Mr. Rothe returns and suggested keeping to the regular schedule with perhaps one extra meeting every couple months if necessary to avoid burn out from an intense schedule like last summer.
        
IV.     Meeting adjourned at 9:40 PM. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday,   May 12, 2008 in the Meeting Room, Town Hall, Northeast Harbor.

Respectfully submitted,




Patti Reilly, Secretary