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Planning Board Meeting Minutes - 10/27/08
Town of Mount Desert Planning Board
Minutes of October 27, 2008

Public Present
Amelia Brown, Jeanne Seronde Perkins, Greg Kolakowski, Jack Frost, Wendy Frost, Kathleen Branch, Sheryl Reece, Terry Reece, Mark Reece, Christian Van Heerden, Bert Branch, Jeffrey Young, Elizabeth White

Board Members Present
James Clunan, Vice Chairman; Sandy Andrews; Jerry Miller; Joseph Tracy

Kimberly Keene, CEO

I.      The meeting was called to order at 6:08 p.m.
II.     Conditional Use Approval Application (s):

Conditional Use Approval Application(s):

A.      Conditional Use Approval Application # 019-2008
OWNER(S):  Northeast Harbor Golf Club, Inc.
AGENT:  Greg Kolakowski
LOCATION:  15 Golf Club Road, NE Harbor
TAX MAP:  005 LOT:  061 ZONE(S):  C
PURPOSE:  5.5 Amendment to a Conditional Use Approval – CUP#85-25
              Construct a 24’ X 12’ one-story addition to existing maintenance shop.
SITE INSPECTION:  3:30 PM

No conflict of Interest was reported.  It was confirmed notice was published in the Bar Harbor Times.

Site Inspection was attended by Mrs. Keene.  Mrs. Keene reported that there is an existing maintenance shop to which the Golf Club wished to add a 24’ X 12’ one-story addition.  It would be somewhat visible from Sargeant Drive.  The existing shop has windows in the back which would be replaced by doors connecting the existing shop to the planned addition.  They planned to store grinding equipment in the addition, which would be insulated to reduce sound.  Mrs. Nancy Harris is the abutter.  She sent a letter of waiver regarding this addition.   The existing building is 64’ X 28’.   The addition will be cedar shingling to match the existing building.  

Mr. Kolakowski added a North facing arrow to the original drawing and initialed.  

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

It was noted by Mrs. Keene that a single phone call was the only additional public correspondence regarding this application.  

There were no questions or comments from the public in attendance.

It was agreed that better drawings were not necessary to the decision.

Mr. Clunan noted that he found this to be an amendment to an existing use, in that there was significant change to the encroachment in the set back area.  The Golf Club requires this additional space for new equipment.  Therefore the application was reviewed for conformity to the performance standards listed in Section 6A and 6B of Section 6 in the LUZO.  The Board voted all in favor of this finding (4/0)

CHECKLIST
for review of the
Land Use Zoning Ordinance of the Town of Mount Desert
(03/06/78, as am. through 05/6/08)


** 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:

Physical Size:
Findings of Fact(s):
•       The addition is 24’ X 12’ one-story addition connected to the original 64’ X 28’ building.

Visual Impact:
Findings of Fact(s):
•       The addition will be given cedar shingles to match the original building
•       The building is somewhat visible from Sargeant Drive.

Proximity to other structures:
Findings of Fact(s):
•       There are no abutters in close proximity to this site.
•       Abutter Nancy Harris has submitted a letter of waiver for this project.  

Density of Development:
Findings of Fact(s):   
•       The area is not in a densely developed area.

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,                                                                                          
                                                                                                        
                                                                                        (4/0)           


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):                                                                                    
                                                                                                        
                                                                                                        

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.
                        N/A                                                                                                                                                      (4/0)                           

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           he use of highways or public roads existing or proposed.

Findings of Fact(s):                                                                                    
                                                                                                        
                                                                                                        



Conclusion of Law: The proposed use will / 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.
                                        N/A                                                     
                                                                        (4/0)                           

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

Conclusion of Law: Sufficient off-street parking will / will not be available:
                        N/A                                                                             
                                                                (4/0)                                   


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):                                                                                    
                                N/A                                                                     
                                                                                                        

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]    
                N/A                                                                     
                                                                                                        
                                                                (4/0)                                   


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):    N/A                                                                                                                                                                                                                                                                                                                                                                                                       

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.
                                N/A                                                                                                                                                                                                                                                      (4/0)                           


6A. 6   Lighting - Outdoor
x N/A                                                                                              (4/0)                                   


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;          x N/A           bsp;  ">Findings of Fact(s):                                                                                    
                                                                                                        
                                                                                                        

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,                     
                                                                                                                                                                         (4/0)                                   


6A. 9   Stormwater
nbsp;                                                            
                                                                                                        
                                                                                                        
                                                                        (4/0)                           


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):
•       No bushes or trees will be removed during construction.

Conclusion of Law:                                                                                      
                        N/A                                                                             
                                                                                                        
                                                                                (4/0)                   


6B      SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES

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            use or control of the property owner, and shall meet the setback requirements of the district in which the property is located, and in no event shall be stored or parked less than ten (10) feet from the rear line of said property.

x N/A           olor="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">                                                                                                        
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                        (4/0)                           

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           bsp;                                           
                                                                                                        

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                (4/0)                   

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

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                                (4/0)                   

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:                                                                                      
                                                                                                        
                                                                                                        
                                                                                (4/0)                   

6B. 11  Lots            x N/A   
1.      Lots abutting more than one road …
x N/A                from requirements 7 through 10.

1.      Access from the shore to the marine structure shall be developed on soils appropriate for such use and measures shall be taken to minimize soil erosion both during and after construction …

Findings of Fact(s):                                                                                                                                                                                         


Conclusion of Law: Access from the shore to the marine structure will / will not be developed on soils appropriate for such use and measures will / will not be taken to minimize soil erosion both during and after construction.

                                                                        (4/0)

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):                                                                                    
                                                                                                        
                                                                                                        
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.
                                                                                                        
                                                                                (4/0)

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):                                                                                                                                                                                                                                                                                                 

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.
                                                                                                        
                                                                                                        
___________________________________________________________(4/0)___________________

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):                                                                                    
                                                                                                        
                                                                                                        

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.
                                                                                                        
                                                                                                        
______________________________________________________________(4/0)________________

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

Findings of Fact(s):                                                                                    
                                                                                                        
                                                                                                        

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.                          

                                                                                                        
________________________________________________________________(4/0)______________

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          :9pt;color:#000000;">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
                                                                                                        

                                                                                                        
                                                                        (4/0)                           

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          ;                                                 
                                                                                                        

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

                                                                                                        
                                                                                (4/0)                   

10.     There shall be no more than one marine structure on a lot.
x  N/A          e="Arial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;">6B. 14  Mineral Exploration     Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance.  Approval of the Planning Board shall be required for mineral exploration that exceeds the above limitations.

x  N/A                              
                                                                                                        
                                                                                                        

2.      State standards. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules.

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



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

Conclusion of Law:                                                                                      
                                                                                                        
                                                                                                        
                                                                        (4/0)                           

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          p;                                                                                  
                                                                                                        
                                                                                                        
                                                                                                        
                                                                                                        

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

Conditional Use Permits

B.  Conditional Use Approval Application # 020-2008
        OWNER(S):  Terry L. & Sheryl A. Reece
        LOCATION:  143 Main St., NE Harbor
        TAX MAP:  24  LOT:  77  ZONE(S):  VC
        PURPOSE:  3.4 – Reconstruct Restaurant/Bakery, Dwelling Units & Lodging Rooms
        SITE INSPECTION:  4:00 PM

No Conflict of Interest was reported.  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 the site is currently empty except for gravel and sand with empty lots on either side. Although there was said to be ledge which will have to be removed by blasting, the ledge was not visible at the time of the site visit.  

Mr. Tracy inquired why this application was coming before the board.  Mrs. Keene noted that in addition to Mr. Clunan’s requesting this item be brought before the board, there is additional seating added to the site and apartments added to the upstairs, though the building will be one bedroom less than the original.  There would be no increase in parking needs due to lodgers.  Mr. Andrews noted there seemed to be no change in use.  

Mr. Clunan asked whether there had been any correspondence.  Mrs. Keene noted people have been to the Town Office to review the plans.  

Mr. Clunan opened the discussion to the public, noting it was important to determine the change in impact.  If the impact of the new building is similar enough to its previous use, there may be no need for the Planning Board to review the application.  

Ms. Amelia Brown stated that the previous stove vent had been too close to her building leaving greasy exhaust on her building.  She would be concerned about any kitchen on the side of the new building facing her building site.  Ms. Brown also noted the exhaust fan was extremely loud as well.  

Mrs. Keene noted that per the plans the cook line will be at the back of the building.  She added that the plans will be reviewed and approved through the State Fire Marshal’s Office.  The Reece’s are not proposing cooking near the Wingspread Gallery site.

Mr. Reece noted the bakery would be built in the basement with proper ventilation and everything built to code.  There would be fryolators on the second floor of the building with grease filters up the chimney and grease traps as well.  

Mr. Tracy noted the need to be sympathetic to neighbors and to encourage the use of noise reduction equipment in this densely developed area.  

Mr. Clunan noted that the restaurant and the bakery are zoned uses as are the dwelling units.  So far there seems to be no reason for a review of the application.

Mr. Reece noted they are considering renting their lodging units by the day; previously they had rented by the week.  

Chris Van Heerden noted that the size of the new building has changed from the previous building.  The size change seems to have taken four feet from the back parking area.  After a close review of the plans Mrs. Keene deemed the plans as presented acceptable for the site.  A majority of the new building falls within the existing foot print of the pre existing building. Any areas located outside the footprint of the pre existing building meet or exceed the 5’ setback requirement from property lines.  Mr. Van Heerden corrected his comment; about the parking as he misunderstood the proposed site plan because the plan failed to show the existing rear building that was not affected by the fire on the plan.

Kathy Branch asked whether the apartments would be year round or seasonal rentals.  Mr. Reece reported they were seasonal.  

Elizabeth White voiced her concern over the outside dining.  The new plan moves this dining to the front of the building along Main St. and across from the Maisson Suisse, her establishment.  She’s worried the noise would be detrimental to her business.  Mr. Tracy noted outside dining on the Main St. would constitute a very different impact and would require close review.  After some discussion Mr. Reece agreed to close in the area with windows in an effort to accommodate area businesses that may be affected by the noise.  


There was no further public comment.   

It ws deemed the application did not warrant formal review or approval from the Planning Board.  

III.    Approval of Planning Board Minutes from July 14, 2008 and August 25, 2008:  
No Minutes were presented to the Board for approval.

IV.     Workshop
The Board reviewed the list of scenic vistas started at the last meeting.  They agreed their next steps were to finalize the list, taking pictures of the scenic vistas on the list, ask Mr. Rothe to visit the sites, and create an ordinance protecting these areas.  Mr. Miller agreed to take the pictures.  Mr. Clunan noted that at some point in the process the public should be engaged.  

V.      Other
Mrs. Keene suggested a workshop for land use changes for the future.  The State has mandated municipalities to adopt the State Shoreland Zoning as a municipal ordinance.  Mrs. Keene agreed to forward along to Board members the State Shoreland Zoning Ordinance.  

It was agreed a separate workshop date should be scheduled for the municipal shoreland zoning ordinance work.  The Board agreed to a December 15th, 5:00 pm meeting for the workshop.  

VI.     Adjournment
Mr. Tracy moved, with Mr. Andrews seconding, to adjourn the meeting.  Adjournment was approved 4/0, and the meeting adjourned at 7:49pm. The next scheduled meeting/public hearing(s) is at 6:00 pm, Monday, November 10, 2008 in the Meeting Room, Town Hall, Northeast Harbor.

Respectfully Submitted,