Town of Mount Desert
Planning Board Meeting Minutes
May 12, 2008
Meeting Room, Town Hall
Northeast Harbor
Public Present
David Irvin, Steve Pinkham, Karen Pinkham
Board Members Present
James Clunan, Chairman; James R. Bright, Vice 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 6:06 p.m.
III. Public Hearings
Conditional Use Permits
A. Conditional Use Permit # 008-2008
NAME: Steve Pinkham
LOCATION: 29 Upper Dunbar Rd, Seal Harbor
TAX MAP: 4 LOT: 11-3 ZONE(S): Village Residential 2
PURPOSE: Section 3.5 - Services 2 - 60' X 40' Storage Building
SITE INSPECTION: 5:00PM
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. Bright, Mr. Miller and Mr. Clunan. Mr. Bright reported use as storing dinghies, tractors, etc. There was no building yet but he did not foresee any problems with the use.
MOTION TO APPROVE MADE BY MR. TRACY; SECONDED BY MR. ANDREWS .
There was no public correspondence or comment.
The Standards of Section 6 of the LUZO, as amended May 6, 2008 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 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:
Findings of Fact(s):
" The use is located in a Village Residential 2 Zone
" Service is permitted with a CUP
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, The Board finds that the proposed use is compatible.
(5/0)
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 Board has previously made a finding on erosion control on CUP# 005-2008
Conclusion of Law: Filling, grading, etc. will [not] be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
This standard is not applicable.
(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 ? Applicable, Standard Met ? Applicable, Standard Not Met
3. Tilling of soil. 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 …
x N/A ? Applicable, Standard Met ? Applicable, Standard Not Met
6A. 3 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):
" There will be no additional traffic with the change in use.
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. _______
(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:
(5/0)
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):
" There will be no change in Town services.
Conclusion of Law: The proposed use of will [not] unduly burden the capacity of the Town's facilities. [In particular, an undue burden will be placed upon]
This standard is not applicable. ______________________________ (5/0)
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 purposed use does not require land suitability.
Conclusion of Law: Proposed land use of will [not] 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.
______ This standard is not applicable.
(5/0)
6A. 6 Lighting - Outdoor
? N/A x Applicable, Standard Met ? Applicable, Standard Not Met
Findings of Fact(s):
" There will be additional outdoor lighting
The applicant will comply with subsections 2.1 and 2.2. Sub section 2.3 is not applicable.
(5/0)
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; ? N/A ? Applicable, Standard Met ? Applicable, Standard Not Met
Dust; ? N/A ? Applicable, Standard Met ? Applicable, Standard Not Met
Smoke; ? N/A ? Applicable, Standard Met ? Applicable, Standard Not Met
Gas; ? N/A ? Applicable, Standard Met ? Applicable, Standard Not Met
Fumes; ? N/A ? Applicable, Standard Met ? Applicable, Standard Not Met
Vibration; ? N/A ? Applicable, Standard Met ? Applicable, Standard Not Met
Noise; ? N/A ? Applicable, Standard Met ? Applicable, Standard Not Met
Outdoor lighting ? N/A ? Applicable, Standard Met ? Applicable, Standard Not Met
Other ? 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 use will be for interior storage .
Conclusion of Law: The proposed use will not be obnoxious or offensive.
(5/0)
6A. 8 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 3.4 and shall be in accord with the Comprehensive Plan.
Findings of Fact(s):
" The proposed use will be for interior storage .
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 ? Applicable, Standard Met ? Applicable, Standard Not Met
Conclusion of Law: The proposed use will be for interior storage .__________________
(5/0)
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):
" The proposed use will be for interior storage.
Conclusion of Law: This standard and it's subsections are not applicable.
(5/0)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
Findings of Fact(s):
" The proposed use is for interior storage.
Conclusion of Law: Section 6B and it's subsections are Not applicable._____________________ __________________________________________________________________________(5/0)_
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5/0).
IV. 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 to have a general discussion at this point rather than discussing the specific material. Mr. Clunan suggested beginning with the scenic vistas and utilizing the Town's new assessor, Kyle Avila and his mapping skills.
Mr. Andrews thought that the urgency had passed and the focus should be more on general practices in being good neighbors to Acadia National Park, preserving the Town, etc. There was discussion regarding the pros and cons of regulating clustering. The Board also discussed reviewing the subdivision ordinance and assistance needed from Mr. Arendt and Mr. Rothe.
The Board discussed a schedule of meetings to work on the scenic vistas. Mrs. Reilly suggested a few additional meetings would be needed to include public input. The Board discussed putting together a list of vistas to look at and identifying a processes for revising the subdividsion ordinance. Because the Board has accepted a grant to help look at scenic vistas and revise the Town ordinances accordingly they would like to set a schedule and make some progress addressing those concerns. They Board further discussed the difficulty of regulating scenic vistas without getting so detailed and strict that they end up regulating architectural design, etc.
The Board decided to have Mr. Clunan contact Mr. Rothe and report back next week. They also discussed having Mr. Avila join a meeting and give a presentation on GIS mapping and technology.
V. Other
A.
Mrs. Keene mentioned that David Laman approached her about erecting a historical sign at the Somesville Museum property. Mr. Laman proposed two 3 ft by 2 ft historical / educational signs that he has already made. However, according to the Town Ordinance it would be a sign and would exceed their limit. There was discussion as to the definition of a sign and possible alternatives.
B.
Mrs. Keene also Alan Graves approached Mrs. Keene regarding a couple buildings on Sylvan Way currently used for storage. He would like to remove some buildings and rebuild one large one for the same use and wanted to know if he had to come before the Planning Board. The Board decided that it would be in everyone's best interest to have him come before the Board to allow for a site inspection and public comment.
VI. Meeting adjourned at 8:37 PM. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, May 27, 2008 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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