Town of Mount Desert Planning Board Workshop
Minutes of December 15, 2008
Public Present
Sam Fox, Benjamin C. Moore, Mark Reece, Terry Reece, E. Pat Foster, Brian Reilly, Tom Reilly, and Eben Salvatore
Board Members Present
Jim Bright, Sandy Andrews, and Jim Clunan. Jerry Miller and Joe Tracy arrived at approximately 6:00 p.m.
Kimberly Keene, CEO
II. The purpose of this meeting is to discuss Land Use Zoning Ordinance changes and the mandated State Shoreland Zoning Ordinance. Mr. Bright called the meeting to order.
Ms. Keene noted that Tom Martin has reviewed the Shoreland Zoning Ordinance and stated it needs an overhaul. His estimate of cost of review was over $4000.00. Mr. Martin suggested to Ms. Keene that the Town should simply insert the ordinance into the existing LUZO. Mr. Bright noted he didn’t feel that the Town’s ordinance was too far out of line from the mandated changes. Ms. Keene noted that both setbacks, and criteria and regulations for structures and uses were different.
After some discussion, Mr. Andrews noted that the Planning Board would have to review both ordinances line by line with changes, unless a volunteer could be found to do so. Ms. Keene added that the State is asking the Town to adopt the amendments by July 9 of 2009. She added that the Town of Trenton, which just went through these changes, look as though they simply cut and pasted the amendments into their ordinance. It was agreed the work could be fairly easy but time consuming. Ms. Keene agreed to look into the budget to see whether money was available to do this work.
Ms. Clunan noted that in order to have this ready by July, they’d have to have the ordinance ready for review by February of 2009. Mr. Andrews mentioned that the entire review policy would have to be re-evaluated.
Mr. Bright requested that the definition of slopes of greater than 20% be defined in the new ordinance. He suggested that in the next week the Board review the ordinance and pick out what doesn’t apply to the Town of Mount Desert. Mr. Andrews suggested that if we are in fact going to commit to paying Mr. Martin to do the work that the review would be his job. He added that Mr. Martin would be more thorough and comprehensive in the work than the Board. Discussion ensued regarding the merits of Mr. Martin doing the work or the Planning Board. Mr. Bright requested Mr. Martin meet with the Planning Board. Ms. Keene agreed to invite him to the next workshop.
The next workshop meeting was scheduled for January 7th at 5:00 pm.
Ms. Keene noted there were two land use ordinance changes. The five foot setback for driveways is becoming problematic and she suggested either removing the requirement or exempting existing lots predating the ordinance. Mr. Moore related the problems he’s endured on a piece of land because of the ordinance. Suggestions made as to how this ordinance could be improved on include language stating the ordinance can be waived where it creates a hardship, or excepting lots that predate the 2007 ordinance, or exempt pre-existing right of ways. It was agreed the wording should be reviewed with the attorney. The issue of two lots sharing a single driveway was also mentioned.
Mr. Tracy suggested we remove the ordinance entirely, then review how to reintroduce the ordinance in such a way as to obtain the goal it was originally designed to achieve, without affecting the Town negatively. Mr. Andrews suggested we tell the attorney to review the ordinance and that we want to keep the wording but exempt lots where the setback can’t be met, with the CEO reviewing for approval.
Mr. Andrews informed the Board that at a recent Board of Selectmen meeting the Planning Board was praised, and the opinion expressed that a review of mileage for Planning Board site visits be made for reimbursement.
Mr. Clunan mentioned the work done so far on views and vistas and suggested a list be circulated by email with the goal of reviewing the list at the next workshop meeting.
The meeting was adjourned by general consensus at 6:19.
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