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Planning Board Meeting Minutes - 09/22/08
Town of Mount Desert Planning Board Minutes
September 22, 2008
Town Hall Meeting Room, Northeast Harbor ME


Public Present
Nancy Merchant, Robert Merchant, Michael & Rebecca Heniser, James Mooers, Laura Smallidge, Muriel Christian, Jim Benson, Emily Damon, Michael Dong, Mike Musetti, Debbie Musetti, Rob Benson, Koula Spofford, Jacqueline Spofford, John Spofford

Board Members Present                   
James Clunan, Chairman; Schofield (Sandy) Andrews III; Patti Reilly, Secretary

Kim Keene, CEO; Danielle Goodwin, Recording Secretary


I.      The meeting was called to order at 6:05 p.m.

II.     The minutes of the July 14, 2008 Planning Board Meeting was postponed as there were not enough members present to approve.

III.    Public Hearings

        Conditional Use Permits

A.      Conditional Use Approval Application # 016-2008
                NAME:  Mimi Mooers
                AGENT: James Mooers
                LOCATION:  9 Althea’s Way (off Musetti Drive)
                TAX MAP:    19 LOT:   12-3 ZONE(S):   SR2
PURPOSE: Section 6B.13-Marine Structure Performance Standards
SITE INSPECTION: 2: 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, Mr. Andrews, and Mr. Clunan. Mr. Andrews reported that the proposed site is on the West side of Somas Sound, South of Jock Boat Yard. There is a small cove between the two points that the boatyard and house are located on. The proposed dock will not be visible or stick out into the navigable waters. The shore is made of broken granite quarry waste.  The end of the driveway is flat to accommodate the float. There are approximately 10 other docks within a one mile vicinity.

Mrs. Keene clarified that the standard was 1/3 of the water body.

Mrs. Reilly inquired about the impact on natural resources and water fowl which was minimal if any.

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

Mrs. Keene pointed out that the float size had been changed to 16 ft x 20 ft instead of 12 ft x 30 ft and turned 20 degrees to the right on East to West.

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

The Board decided to begin with Section 6B.13.

6B. 13  Marine Structure Performance Standards          asures shall be taken to minimize soil erosion both during and after construction …

Findings of Fact(s):
•       The proposed ramp will be fixed to the shore by a concrete pad with eyebolts.
•       The float will be attached by another pair of eyebolts and chains.
•       The proposed area for the pad is level and not immediately subject to erosion.

Conclusion of Law: Access from the shore to the marine structure will be developed on soils appropriate for such use and measures will be taken to minimize soil erosion both during and after construction.___________________________________________________________________
                                                                                        (3/0)   

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 proposed marine structure is to be located in a cove where there are no other marine structures or points of public access.
Conclusion of Law: The location of the marine structure will not unreasonably interfere with access to existing marine structures or points of public access, and it will not unreasonably interfere with the use of other marine structures and landing places.
                                                                                                        
                                                                                        (3/0)

3.      The marine structure shall be designed, sited, and constructed to minimize adverse impacts on significant wildlife habitats or unique natural areas including, but not limited to: fin fish and shellfish fisheries, salt marshes, eel grass beds, shorebird and nesting habitats, critical fish spawning and nursery areas.

Findings of Fact(s):
•       The marine structure will only impact the shore by two eyebolts and the bottom where attached to mooring.

Conclusion of Law:      The marine structure will be designed, sited, and constructed to minimize adverse impacts on significant wildlife habitats or unique natural areas.
        In accordance with the ACE permit, there will be minimal marine structure impact_________
                                                                                                        _
________________________________________________________________________(3/0)___

4.      Interference with the natural flow of any surface or subsurface waters shall be minimized during the construction and subsequent use of the marine structure.

Findings of Fact(s):
•       There are no streams entering the cove at this location.

Conclusion of Law:      Interference with the natural flow of any surface or subsurface waters will be minimized during the construction and subsequent use of the marine structure.
                                                                                                        
                                                                                                _       
_________________________________________________________________________(3/0)_

5.      The marine structure shall be designed, sited, and constructed so as not to encroach upon officially designated navigation channels.

Findings of Fact(s):    
•       The proposed structure is to be located in small cove out side officially designated navigation channels.

Conclusion of Law:      The marine structure is designed, and will be sited, and constructed so as not to encroach upon officially designated navigation channels.  

                                                                                                        
_________________________________________________________________________(3/0)

6.      The Planning Board shall request comment from the Harbor Master in cases where the applicant proposes to build a marine structure in an officially designated mooring area.
                x       N/A             eet 2
Maximum width of pier walkway   6 feet
Maximum width of ramp   6 feet
Maximum square footage of floats        400 square feet
Max. 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):
•       There is no permanent structure.
•       The total length of the structure is 52 feet.
•       The width of the ramp is 3 feet.
•       The square footage of the floats is 360.
•       The structure of the float is non-communal.
•       There will be no increase in the number of vessels or people using the cove.
•       The water body in question is Somes Sound which is approximately 1 mile wide opposite the point of construction.


Conclusion of Law:      The marine structural dimensional standards have been met.  The facility is designed for the purpose of         access to private boats .  The facility will not 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
                                                                                                        

                                                                                                        
                                                                                                (3/0)   

8.      If two or more shorefront lot owners choose to share a communal marine structure the applicant may request additional square footage of floats.
x  N/A          p;When proposed by the applicant, new subdivisions may provide a communal dock in lieu of the development of docks on individual lots.  The applicant may request additional square footage of floats provided a demonstrated need can be shown.

x  N/A          ;                                                        

                                                                                                        
                                                                                                        

10.     There shall be no more than one marine structure on a lot.
6;       There are many larger marine structures in the vicinity.

Visual Impact:
Findings of Fact(s):
•       This marine structure will be located in a small cove shielded on the landed side by trees and the steepness of the land and mostly out of sight to passing boaters.

Proximity to other structures:
Findings of Fact(s):
•       There are no other marine structures in the cove.
•       The nearest marine structure is approximately 150 ft and 700 ft to the North.

Density of Development:
Findings of Fact(s):
•       In Hall Quarry residential zones there are more than 10 marine structures.

Conclusion of Law for s. 6A. 1 Compatibility: The proposed use will not 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,                                                                                          
                                                                                                        
                                                                                                (3/0)   


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):
•       Soil/gravel will be removed from a 4 by 4 ft area using best management practices.

Conclusion of Law:      Filling, grading, etc. will be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
                                                                                                        
                                                                                                (3/0)   

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           le congestion on highways or public roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed.
________                                                                                                
                                                                                                (3/0)   

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

Conclusion of Law: Sufficient off-street parking will / will not be available:
                                                                                                        
                                        NA                                                      (3/0)   


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):                                                                                    
                                                                                                        
                                                                                                        

Conclusion of Law:      The proposed use of                                              will / will not unduly burden the capacity of the Town's facilities.  [In particular, an undue burden will be placed upon]
                                                                                                        
                                                                                                        
                                        NA                                                      (3/0)   


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):
•       Best management practices will be observed.
•       
Conclusion of Law:      Proposed land use of                                             will / 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.
                                                                                                                                                                                                                                                                                                                                          (3/0)   


6A. 6   Lighting - Outdoor
N/A           x Applicable, Standard Met           sp;             
                                                                                                (3/0)   

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 is a marine structure.
•       There are other marine structures in the neighborhood.
•       The structure is not large.
•       There is no dock with public access available in the neighborhood.

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, CEO or C in Section 3.4 and will not be in accord with the Comprehensive Plan. In particular,
 It is in accord with the comprehensive plan section 5B.                                                                                                                                                                 (3/0)   


6A. 9   Stormwater
x N/A            align="left" style="text-align:left;">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.



6B      SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
The Board finds that section 6B1-6B12 and section 6B14-6B19 are not applicable.                                
                                                                                                                
                                                                                                        (3/0)   

6B. 1   Agriculture  All spreading or disposal of manure shall be accomplished in conformance with the "Maine
Guidelines for Manure and Manure Sludge Disposal on Land", published by the University of Maine and the Maine
Soil and Water Conservation Commission, in July 1972.

x N/A           r:#000000;">x N/A           bsp;                                                      
                                                                                                        
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
6B. 7   Excavation or filling   Excavation or filling shall be permitted in any district only to the extent
such activities are essential or are incidental to any permitted, conditional, or other lawful use.  Filling, dumping, or
excavation of any matter of fifty (50) cubic yards or greater within a twelve (12) month period shall require a Code
Enforcement Officer permit provided that there are no slopes in excess of 4:1 and the activity is more than one hundred
(100) feet from the normal high water line of a waterbody.  Excavation and filling, greater than fifty (50) cubic yards in
a twelve (12) month period, with slopes greater than 4:1 or within one hundred (100) feet from the high water line of a
 waterbody shall require a Conditional Use Approval of the Planning Board.  Appropriate measures shall be taken to
prevent erosion during or after the filling or excavation.  All fill permits are approved for a twelve (12) month period only
and expire twelve (12) months from the date of approval. The Code Enforcement Officer may renew either the Code
Enforcement Officer permit or the Conditional Use Approval for additional twelve (12) month periods.

x N/A                                                                                                       
                                                                                                        
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 8   Fences and walls
x N/A           bsp;                                                                         
                                                                                                        
                                                                                                        
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 10  Home occupations and home offices Home occupations and home offices (except those of a temporary
or casual nature) shall require a permit from the Code Enforcement Officer to insure compliance with the following standards:

x N/A           t>
                                                                                                        
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 11  Lots            x N/A   
1.      Lots abutting more than one road …
x N/A           Arial;font-size:9pt;color:#000000;">be used for residential occupancy and which have a pitched shingle roof, a permanent foundation or masonry slab, piers or
walls, and exterior siding of clapboard, cedar shingles, wooden or vinyl material that is residential in appearance are permitted.

x N/A           nt-family:Arial;font-size:9pt;color:#000000;">x       N/A
bsp;                                                                                               
                                                                                                        
                                                                                                        

6B.17   Sign Regulations
3.      Signs Permitted: Temporary Signs:
x  N/A          ;                                                                    
                                                                                                        

4.      Signs Permitted:  Permanent Signs:
x  N/A          nbsp;        

6B.18   Street/Road Design and Construction Roads shall hereafter be located, constructed, and maintained in
such a manner that there is minimal potential for erosion.  Adequate provision shall be made to prevent soil erosion and
sedimentation of surface waters.  Additionally, all roads constructed shall conform to the following standards …

x  N/A          ;                                   

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B.19   Vehicles, Unregistered  No more than two (2) unregistered and/or uninspected vehicles may be stored on any residential lot, unless said vehicles cannot be viewed from any public way.

  X  N/A               yle="text-align:left;">=============================================================
FOR BOARD USE
CONDITIONAL USE PERMIT/APPROVAL

PERMIT CONDITIONS:  In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:

There will be no additional lighting on the marine structure.                                          
                                                                                                        

A VOTE WAS CALLED AND THE MOTION TO APPROVE WITH SAID CONDITION CARRIED UNANIMOUSLY (3/0).

B.      Conditional Use Approval Application # 017-2008
                NAME:  Emily Damon      
                LOCATION:  9 Giant Slide Rd, Mt. Desert
                TAX MAP:   8   LOT:   26  ZONE(S):  R1
PURPOSE: Section 3.4- Permitted Uses- Chicken Coop w/ Chickens.
SITE INSPECTION: 4:45 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.

Ms. Damon proposed an increase from 7 to 12 chickens.

Site Inspection was attended by and reported by Mrs. Keene. The proposed location is on a flat area. There is an existing fence and no foreseeable problems. There was no correspondence or comments from the public or abutters.  

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

The Standards of Section 6 of the LUZO, as amended May 6, 2008 were reviewed as follows:





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:

Physical Size:
Findings of Fact(s):
•       The proposed structure is a chicken coop measuring 4 ft by 4 ft.

Visual Impact:
Findings of Fact(s):
•       The coop will not be visible from the road
•       The coop is small enough to blend well into its surroundings.

Proximity to other structures:
Findings of Fact(s):
•       The proposed location for the coop is at least 100 ft from the nearest neighbors cabin.

Density of Development:
Findings of Fact(s):
•       The proposed structure is a chicken coop measuring 4 ft by 4 ft.

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,                                                                                          
                                                                                                        
                                                                                                (3/0)   

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 application is for a chicken coop

Conclusion of Law:      Filling, grading, etc. will / will not be conducted in such a manner to prevent,
to the maximum extent possible, erosion and sedimentation.
                                                                                                                                                 NA                                                      (3/0)   

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           red by this Ordinance is tilled in a Rural or
Woodland District, such tillage shall be carried out in conformance with …

x N/A           bsp;                                                                        
                                                                                                        

Conclusion of Law: Sufficient off-street parking will / will not be available:
                                                                                                        
                                        NA                                                      (3/0)   


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):            
•       The proposed chicken coop will not need 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]    

                                                                                                        

                                        NA                                                      (3/0)   


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):
•       There is a buffer of brush and woods to the South of the coop of approximately 100 ft.
Conclusion of Law:      Proposed land use, a    chicken coop                    will not cause adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction.
                                                                                                                                                                                                                                                                                                                                          (3/0)   


6A. 6   Lighting - Outdoor
x N/A           p;                                                                                                                              (3/0)   


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;          andard Not Met
Other           x N/A           Arial;font-size:9pt;color:#000000;">Findings of Fact(s):    
•       The area is rural in nature.
•       The coop will not be visible from any public way.
•       Chickens are permitted in other locations of the Town.

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,
                                                                                                                                                                                                                         (3/0)   



6A. 9   Stormwater
x N/A           gs of Fact(s):                                                                                    
                                                                                                        
                                                                                                        
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                (3/0)   


6A. 10  Vegetation
1.      Clearing. Clearing of trees or conversion to other vegetation is allowed for permitted construction provided that:
3.      Appropriate measures are taken, if necessary, to prevent erosion when activity is undertaken.
4.      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.
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):                                                                                    
                                                                                                        
                                                                                                        
Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                        NA                                                      (3/0)   


6B      SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
The Board Concludes that none of the standards in section 6B are applicable.                            
                                                                                                        
                                                                                                (3/0)   

6B. 1   Agriculture     All spreading or disposal of manure shall be accomplished in conformance with the "Maine
Guidelines for Manure and Manure Sludge Disposal on Land", published by the University of Maine and the Maine Soil
and Water Conservation Commission, in July 1972.

x N/A           #000000" style="font-family:Arial;font-size:9pt;color:#000000;">require a permit from the State Department of Environmental Protection.

x N/A           p;;                                
                                                                                                        
                                                                                                        
                                                                                                        

6B. 7   Excavation or filling   Excavation or filling shall be permitted in any district only to the extent such
activities are essential or are incidental to any permitted, conditional, or other lawful use.  Filling, dumping, or excavation of
any matter of fifty (50) cubic yards or greater within a twelve (12) month period shall require a Code Enforcement Officer
permit provided that there are no slopes in excess of 4:1 and the activity is more than one hundred (100) feet from the normal
high water line of a waterbody.  Excavation and filling, greater than fifty (50) cubic yards in a twelve (12) month period,
with slopes greater than 4:1 or within one hundred (100) feet from the high water line of a waterbody shall require a
Conditional Use Approval of the Planning Board.  Appropriate measures shall be taken to prevent erosion during or
after the filling or excavation.  All fill permits are approved for a twelve (12) month period only and expire twelve (12)
months from the date of approval. The Code Enforcement Officer may renew either the Code Enforcement Officer
permit or the Conditional Use Approval for additional twelve (12) month periods.

X N/A           nbsp;                                                                                   

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 8   Fences and walls
x N/A           
6B. 9   Fresh Water Related Structures
1.      Access from shore shall be developed on soils appropriate for such use, and constructed so as to control erosion.
2.      The location shall not interfere with existing uses.
3.      The facility shall be located so as to minimize adverse effects on fisheries.
4.      The facility shall be no larger in dimension than necessary to carry on the activity, and be consistent with
        existing conditions, uses, and character of the area.

5.      Piers, docks, floats, wharves, breakwaters, causeways, marinas, bridges more than 20 feet in length, and
         permanent uses projecting into fresh water bodies from normal high water level shall require Conditional Use Approval
         of the Planning Board.  The Planning Board may issue guidelines to insure compliance with state laws.

x N/A           sp;                                       
                                                                                                        
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 10  Home occupations and home offices Home occupations and home offices (except those of a temporary
or casual nature) shall require a permit from the Code Enforcement Officer to insure compliance with the following standards:

x N/A           ;                                                                                               

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B. 11  Lots            x N/A   
1.      Lots abutting more than one road …
x N/A                           nbsp;                                                    
                                                                                                        
Conclusion of Law: The location of the marine structure will / will not unreasonably interfere with
access to existing marine structures or points of public access, and it will / will not unreasonably
interfere with the use of other marine structures and landing places.
                                                                                                                
                                                                                
13.     The marine structure shall be designed, sited, and constructed to minimize adverse impacts on significant
wildlife habitats or unique natural areas including, but not limited to: fin fish and shellfish fisheries, salt marshes,
eel grass beds, shorebird and nesting habitats, critical fish spawning and nursery areas.

Findings of Fact(s):                                                                                                                                                                                                         

Conclusion of Law:      The marine structure will / will not be designed, sited, and constructed to
minimize adverse impacts on significant wildlife habitats or unique natural areas.
                                                                                                        
                                                                                                        
______________________________________________________________________________

14.     Interference with the natural flow of any surface or subsurface waters shall be minimized during the construction
and subsequent use of the marine structure.

Findings of Fact(s):                                                                                    
                                                                                                        
                                                                                                        

Conclusion of Law:      Interference with the natural flow of any surface or subsurface waters will /
will not be minimized during the construction and subsequent use of the marine structure.
                                                                                                        
                                                                                                        
______________________________________________________________________________

15.     The marine structure shall be designed, sited, and constructed so as not to encroach upon officially
designated navigation channels.

Findings of Fact(s):                                                                                    
                                                                                                        
                                                                                                        

Conclusion of Law:      The marine structure is / is not designed, and will / will not be sited, and constructed so as not to encroach upon officially designated navigation channels.                          

                                                                                                        
______________________________________________________________________________

16.     The Planning Board shall request comment from the Harbor Master in cases where the applicant proposes to
build a marine structure in an officially designated mooring area.

                N/A     
Maximum square footage of floats        400 square feet
Max. 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):                                                                                                                                                                                                                                                                                                 

Conclusion of Law:      The marine structural dimensional standards have / have not been met.  The facility is designed for the purpose of                                      .  The facility will / will not 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
                                                                                                        

                                                                                                        
                                                                                                        

18.     If two or more shorefront lot owners choose to share a communal marine structure the applicant may request additional square footage of floats.
p;                                   
                                                                                                        
                                                                                                        

Conclusion of Law:      The applicant has / has not demonstrated that a need exists for additional square footage of floats.                                                                                    
                                                                                                        
                                                                                                        

20.     There shall be no more than one marine structure on a lot.
ize="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">e, standard not met
                                                                                                        
                                                                                                        
                                                                                                        

6B.17   Sign Regulations        …
3.      Signs Permitted: Temporary Signs:
r="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">                                                                                                        
                                                                                                        

4.      Signs Permitted:  Permanent Signs:
nbsp;                                                       

6B.18   Street/Road Design and Construction Roads shall hereafter be located, constructed, and maintained in such a manner that there is minimal potential for erosion.  Adequate provision shall be made to prevent soil erosion and sedimentation of surface waters.  Additionally, all roads constructed shall conform to the following standards …

bsp;                             

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                                        

6B.19   Vehicles, Unregistered  No more than two (2) unregistered and/or uninspected vehicles may be stored on any residential lot, unless said vehicles cannot be viewed from any public way.

le="font-family:Arial;font-size:9pt;color:#000000;">=============================================================
FOR BOARD USE
CONDITIONAL USE PERMIT/APPROVAL

PERMIT CONDITIONS:  In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:

1) There will be no more then 12 chickens.                                                              
                                                                                                        
                                                                                                        

A VOTE WAS CALLED AND THE MOTION TO APPROVE WITH SAID CONDITION CARRIED UNANIMOUSLY (3/0).




IV.     Subdivision Approval Application (s)

A.      Subdivision Approval Application # 001-2008
                NAME:  Snowflake- Michael Musetti       
                AGENT: Debbie Musetti
                LOCATION:  49 Hall Quarry Rd, Hall Quarry
                TAX MAP:  7     LOT:  1-1     ZONE(S):  R2
PURPOSE:. 6 Lot Subdivision
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, Mr. Andrews, and Mr. Clunan. Mrs. Keene reported that nothing had changed since the prior inspection and rather than walk the line this time they had a discussion with the public.

Mrs. Keene noted that the Board needed to review Section 5, Section 6 and the missing items from the previously reviewed sections.

Ms. Laura Smallidge was concerned with water availability to existing wells in the area and inquired about a Natural Aquifer in the area. Mr. Andrews stated that there were no aquifers and Mr. Musetti confirmed that all the quarries were spring fed.  Mr. Musetti included a survey of current water flow in gallons per minute for the Boards reference.

Mr. Rob Benson raised the question of weather or not Old Echo Lake Rd would be considered a “road” and/or need improvement to access the lots and run utilities. And if so, do they need to provide storm water provisions for the improvements? Tom Benson gave the history of the road as a discontinued Town Road (owned by right-of-way), that would therefore have reverted back to the original land owners as a four-rod right-of-way.

Mr. Andrews pointed out that it would now be serving 4 lots (Gonzales, Lots 1, 2 and 3) and therefore need to be upgraded to “road” standards.  He further inquired as to who would be responsible for those upgrades and if it was the Musettis’ shouldn’t the plan show stormwater provisions for the road? Mr. Benson, Mrs. Keene and the Board reviewed the maps and owners of the road.

Ms. Smallidge recalled that at one time Less Smith granted the Town a ROW for an aeration pipe on the Parker Farm Rd and the agreement was that the Town would maintain the road and suggested that as precedence. Mr. Andrews pointed out that it is not a Town road but purely private even upon reestablishment as a “road”.

It was suggested to continue the review to a later date to allow for an update and submittal of a stormwater plan to include the new “road”. It was decided that they would continue the review to approve what they could and the stormwater plan would be submitted to Kim.

Mr. Spofford suggested notifying Mr. Chambers that he owned a portion of the road. Mrs. Keene pointed out that he was notified as an abutter and would be at the meeting if he had an interest.

Mr. Clunan brought the discussion back to Section 5 and the standards were reviewed as follows.

5.1 Buffer Strip
        The Board reviewed the standards. Mr. Musetti and Mr. Benson commented that
        they did plan on leaving a buffer as discussed at the last meeting.  Mr. Andrews would
        like to have seen designated buffer zones on the plan but as Mr. Clunan pointed out, it
        was to be considered not required.

5.2     Conformance with other Laws, Regulations  
Mr. Clunan asked for documentation showing approval of the State Board of Environmental Protection. Mr. Benson explained that the EPA had been consulted as shown by the included memo. However, because they were not in a wetland “approval” was not needed.
        
        5.3     Construction Prohibited  
        Mr. Clunan stated that he did not see anything Mr. Musetti would have to do in advance
        to get approval for and therefore complied with that section.

        5.4     Ditches, Catch Basins  
        Mr. Clunan pointed out that Section 6 of the revised LUZO gave more consideration to    stormwater and drainage.

        5.5     Easements  
        Mr. Musetti does have an easement for utilities through Bangor Hydro off the Old        
        Echo Lake Rd to service lots 1,2, 3 and utilities for lots 4 and 5 would come off the
        Macomber Pines Rd therefore this section is satisfied.

5.6     Dedication for Year round housing
Reserved
        
        5.7     Lots and Density
        There are no houses on the plan or lots yet that would require review. Mrs. Keene
        confirmed that the lot sizes and easements do comply with current standards. The
        Board is operation on assumption of a conventional subdivision and makes a special
        request in reservation of open space when and where applicable.

        5.8     Sewage Disposal
        When the subsurface sewage systems are built they will be in accordance with best
        management practices but are currently not applicable.

        5.9     Land not Suitable for Development  
        The Board finds no issues with this section and therefore declares it satisfied.

        5.10    Open Space Provisions
        Mr. Clunan points out that the issue here is trees. Although, they are not by definition
        “large trees” it is a significant population of pitch pines. Mr. Andrews again suggested
        requiring a designated building envelope.

        5.11    Wells
        There are no wells in question at this point therefore there is no problem with this
        section. Mr. Clunan reported based on Mr. Musetti’s that there had been no problem
        with water availability thus far and therefore this section is satisfied.

5.12    Performance Bond
Not necessary in this case.
        
        5.13    Plan Revisions After Approval
        Not applicable at this time.

        5.14    Street Design and Construction
        Mr. Clunan stated that this is where the Musetti’s would need to show the plan for Old  
        Echo Pines Rd. There was lengthy discussion as to whether the road was a dead end
        or ran through to Macomber Pines. There was a question of updates needed to the
        road and if a cul-de-sac would be required for fire safety turn around. Tom Benson
        suggested a hammerhead rather than a cul-de-sac. Mrs. Musetti suggested a redraft
        with a new road through subdivision.  There were also questions regarding ownership of the road and right-of-way. The Board agreed that they would need a ruling from MMA (Maine Municipal Association), approval of the Fire Chief, and Mr. Benson would look into road rights before approval could be granted. However, they would continue with the checklists for Section 5 and 6 with out a vote and continue the review.

        5.15    Access to Direct Sunlight  
        Section not applicable as there are no houses.

5.16    Cluster and Workforce Subdivision
        Section not applicable.

THE BOARD CONLUDED THAT THE APPLICATION COMPLIES WITH SECTION 5 OF THE SUBDIVISION ORDINANCE WITH THE EXCEPTION OF SECTION 5.14, CONSIDERATION OF WHICH IS RESERVED UNTIL THE NEXT MEETING BY MR. CLUNAN.                                                                                       (3/0)

There was a brief review of Section 6 to scan for potential issues. Mr. Clunan stated that the first part was pretty much covered under best management practices. The road standards may or may not apply depending on the ruling from MMA. Town services may require fire chief approval depending on answer from MMA. The Board requested sketches showing the natural flow of stormwater and vegetative buffers.

V.      Meeting adjourned at 9:45 p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, October 14, 2008 in the Meeting Room, Town Hall, Northeast Harbor.


Respectfully submitted,




Patti Reilly, Secretary