Board Members Present Public Present
Schofield (Sandy) Andrews III Frank Gott
James Clunan, Chairman Jason Lovejoy
Gerard M. Miller, alt Abbott Reeve
Joseph Tracy Alfred Reeve
Patti Reilly, Secretary Greg Johnston
Kim Keene, CEO; Margaret K. Porter, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the April 9, 2007 meeting were moved to the end of the meeting for approval. CEO Keene asked if the Planning Board was going to vote to change the reading of the minutes to the end of the meeting. Chairman Clunan replied no.
III. Public Hearings – Conditional Use Permits
III. A. Conditional Use Permit(s)
NAME: Henry R. Abel Co., LLC
AGENT(S): Frank Gott & Mike Doty
LOCATION: 408 Sound Drive, Somesville
TAX MAP: 8 LOT: 78-2 ZONE: SC
PURPOSE: 5.7 – An Amendment to a Conditional Use Permit CUP #04-2005.
SITE INSPECTION: 3:00PM
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
Site Inspection was attended by Mr. Andrews, Chairman Clunan, Mr. Miller and CEO Keene and reported by Mr. Miller. Abels want to put a 46’x50’ extension on the existing steel building. There is a cleared space to the right of the building where the addition will go. There has been some discussion in the past about the visibility of the building from the road, and the water. When you drive by, you can see the buildings, replies Mr. Miller. Mr. Clunan asks CEO Keene if she has any comments. Her reply is no. He then asks the Board members if they have any questions. No, none. Mr. Tracy asks if there is any conflict of interest. No conflict. Was there notice to the abutters? Yes, replies Mrs. Reilly.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Andrews.
Section 5.7 An amendment to a Conditional Use Permit5.7 An amendment to a Conditional Use Permit[Marker] may be issued by the Planning
Board only:
1. in conformity with the procedural and substantive requirements set forth in Sections 3 and 6; (A reading of Section #6 and the Planning Board findings)
The Standards of Section 6 of the LUZO, as amended March 6, 2007, were reviewed as follows:
6.1 Expert Testimony: The Planning Board or code enforcing officer(s) in deciding whether or not to issue a permit shall be governed by the standards set forth in this section. The Planning Board or code enforcing officer(s) may reasonably require an applicant for a permit to furnish at the applicant's expense expert testimony, including documentary material, to prove compliance with such standards. The Board finds that having heard the testimony of the CEO and members of the Board at the site inspection that the application is in compliance with this subsection. (5/0)
6.2 Land Suitability: All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction. Proposed uses requiring subsurface wastewater disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report, prepared by a Statecertified soil scientist or geologist based on an onsite investigation.
Within the shoreland zone, the persons qualified to prepare these reports shall be certified by the Department of Human Services. Suitability considerations shall be based primarily on criteria employed in the National Cooperative Soil Survey as modified by onsite factors such as depth to water table and depth to refusal. The Board finds the application is in compliance with this sub section. (5/0)
6.3 Sanitary Standards:
1. All plumbing systems within two hundred (200) feet of a public sewer shall be connected to public sewer where available in accordance with local, state, and federal laws and regulations. The Planning Board may waive this requirement if all other standards of Section 6 are met.
2. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:
1. All subsurface sewage disposal systems shall be located in areas of suitable soil of at least one thousand (1,000) square feet in size (which is defined by State of Maine Wastewater Disposal Rules, 144A CMR 241, Tables 700.1 and 700.2).
2. The minimum setback for subsurface sewage disposal systems shall be no less than one hundred (100) horizontal feet from the normal high water mark of a water body. This requirement shall not be reduced by variance except for replacement systems.
3. Holding tanks for sanitary wastes will be permitted only when approved by the Plumbing Inspector, and only if arrangements have been made for periodic removal and disposal of wastes in accordance with all laws and the tank is constructed of impervious material. The Board finds as there is no plumbing in the existing building, this subsection is
not applicable. (5/0)
6.4 Erosion Control:
1. Fillng, grading, lagooning, dredging, earthmoving activities, and other land use activities shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
2. Removal of sand or gravel. from natural beaches or the disruption or removal of buffer strips that protect fragile land areas immediately behind a shoreline and on neighboring properties is prohibited.
3. On slopes greater than twenty-five (25) percent, there shall be no grading or filling within one hundred (100) feet of the normal high water mark, except to protect the shoreline and prevent erosion.
4. Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet lying either wholly or partially within the area covered by this ordinance is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with the provisions of a Conservation Plan which meets the standards of the State Soil and Water Conservation Commission, and is approved by the appropriate Soil and Water Conservation District. The number of the plan shall be filed with the Planning Board. Nonconformance with the provisions of such Conservation Plan shall be considered to be a
violation of this ordinance. The Board finds that the earth moving activities and other land use activities are to be conducted in a manner to prevent the maximum extent possible of erosion and sedimentation. As the proposed structure is not using sand or gravel from natural beaches, nor located on slopes greater then 25%, nor located in a soil conservation district, the application is in compliance with subsection 6.4 concerning erosion controls. (5/0)
6.5 Vegetation:
1. Clearing of trees or conversion to other vegetation is allowed for permitted construction provided that:
1. Appropriate measures are taken, if necessary, to prevent erosion when activity is undertaken.
2. The activity is in conformity with State Mandated Shoreland Zoning.
2. Removal of more than 25% of the trees within 25 feet of any town or state road in any 12 month period shall require a Conditional Use Permit from the Planning Board.
3. No accumulation of slash shall be left within 50 feet of any town or state road or within 50 feet of the normal highwater mark of any waterbody. Slash shall be disposed of so that no part extends more than 4 feet above the ground.
4. Provisions of the State of Maine Shoreland Zoning Act shall apply in the State Mandated Shoreland Zone for timber harvesting and clearing of vegetation, as per Title 38 MRSA § 439-A.5 and 439-A.6.
5. A CEO Permit is required for cutting timber larger than 4" DBH when the total amount to be cut is greater than 10 cords but less than 50 cords in any one year period.
6. A CUP is required from the Planning Board for cutting timber larger than 4 inches DBH when the total amount to be cut is 50 cords or more in any one year period. The Board finds as there is to be no clearing of trees, and that there will be no cutting of timber, the application is in compliance with this subsection. (5/0)
6.6 Compatibility: The proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, visual impact, proximity to other structures, and density of development. The Board finds the application is in compliance with this subsection. (5/0)
6.7 Impact on Town Services: The proposed use shall not unduly burden the capacity of the Town's facilities, including public water and sewage, or the ability of the Town to provide essential public services (such as, but not limited to, schools, fire and police protection, refuse collection, and parking) to its residents and visitors. The Board finds the application is in compliance with this subsection. (5/0)
6.8 Highway Safety: The proposed use shall not cause unreasonable congestion on highways or public roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed. Sufficient off-street parking shall be available. The Board finds the application is in compliance with this
subsection. (5/0)
6.9 Preserving the Town's Character: 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 3.5 and shall be in accord with the Comprehensive Plan. The Board finds the proposed use is consistent with protecting the general character of the town where marine services are carried out in a number of locations. The application is in compliance with this subsection. (5/0)
6.10 Nuisances: Notwithstanding any other standard in this section, the Planning Board shall not issue any conditional use permit for any proposed use which if established would be obnoxious or offensive by reason of odors, dust, smoke, gas, fumes, vibration, noise, or other objectionable features, nor for any use which would prove injurious to the safety and welfare of the neighborhood. The Board finds that the application is in compliance with this subsection. (5/0)
Section 5.7 continued
2. on finding that there have been significant changes of conditions or circumstances; and The Board finds that there have been significant changes of the conditions or circumstances at the applicants site. Therefore the application for an amendment is in conformance with Section 5.7.2. (5/0)
Public hearing deadline:Conditional Use Permit 3. when justified by a statement of findings of fact and reasons. The Board finds that the application is in compliance with sections 3 and 6 and 5.7.2. It is justified by the facts and reasons previously discussed. (5/0)
Chairman Clunan says the building in question is in the shoreland zone. CEO Keene is asked if there are any setback issues or any height issues. No, the proposed addition is well beyond the 75’ setback from the high water mark. No height issues. It’s the same height as before. They only difference is there now is one door instead of two.
A VOTE WAS CALLED AND THE MOTION TO APPROVE THE AMENDMENT TO PERMIT # 04-2005 CARRIED UNANIMOUSLY (5/0).
IV. B. Conditional Use Permit(s)
NAME: Henry R. Abel Co., LLC
AGENT(S): Frank Gott & Mike Doty
LOCATION: 408 Sound Drive, Somesville
TAX MAP: 8 LOT: 78-2 ZONE: SC
PURPOSE: 5.7 – An Amendment to a Conditional Use Permit CUP #01-17
SITE INSPECTION: 3:15PM
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 Jerry Miller, Schofield Andrews and CEO Keene and reported by Jerry Miller. Abels want to add a 46’x10’addition to their dock. They want to add one dock to the south of the two existing docks. Mr. Andrews adds the docks are not in water normally navigated by anyone, other then someone coming into the marina. There are four existing floats now, and they want to add one more. Army Corps of Engineers & Submerged Lands Lease permits have been filed.
MOTION TO APPROVE MADE BY Mr. Miller; SECONDED BY Mr. Andrews
FOR BOARD USE
MARINE STRUCTURE CHECKLIST
SECTION 3.4.14 MARINE STRUCTURE PERFORMANCE Standards were reviewed:
3.4.14.1 ACCESS FROM SHORE/SOIL/EROSION The Board finds the application is in conformance with this standard. (5/0)
3.4.14.2 LOCATION/EXISTING USES The Board finds the application is in conformance with this standard. (5/0)
3.4.14.3 IMPACT ON HABITAT/NATURAL AREAS The Board finds the application is in compliance with this standard. (5/0)
3.4.14.4 NATURAL FLOW OF WATERS The Board finds this section is not applicable. (5/0)
3.4.14.5 NAVIGATION CHANNELS The Board finds the structure will be sighted and constructed so as not to encroach on officially designated navigation channels. (5/0)
3.4.14.6 HARBOR MASTER COMMENT/MOORING AREA The Board finds this marine structure is not an officially designated mooring area and comment from the harbormaster is not needed. (5/0)
Section 5.7 An amendment to a Conditional Use Permit.7 An amendment to a Conditional Use Permit may be issued by the Planning Board
only:
1. in conformity with the procedural and substantive requirements set forth in Sections 3 and 6;(A reading of section #6 and the Planning Board findings)
The Standards of Section 6 of the LUZO, as amended March 6, 2007 were reviewed as follows:
6.1 Expert Testimony: The Planning Board or code enforcing officer(s) in deciding whether or not to issue a permit shall be governed by the standards set forth in this section. The Planning Board or code enforcing officer(s) may reasonably require an applicant for a permit to furnish at the applicant's expense expert testimony, including documentary material, to prove compliance with such standards. The Board finds that there has been sufficient expert testimony from the members of the Board, the CEO and the applicant, Frank Gott. Therefore the application is in compliance with this subsection. (5/0)
6.2 Land Suitability: All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction. Proposed uses requiring subsurface wastewater disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report, prepared by a Statecertified soil scientist or geologist based on an onsite
investigation. Within the shoreland zone, the persons qualified to prepare these reports shall be certified by the Department of Human Services. Suitability considerations shall be based primarily on criteria employed in the National Cooperative Soil Survey as modified by onsite factors such as depth to water table and depth to refusal. The Board finds that this is not a structure located on land, and therefore the requirements of this subsection are not applicable. (5/0)
6.3 Sanitary Standards:
1. All plumbing systems within two hundred (200) feet of a public sewer shall be connected to public sewer where available in accordance with local, state, and federal laws and regulations. The Planning Board may waive this requirement if all other standards of Section 6 are met.
2. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:
1. All subsurface sewage disposal systems shall be located in areas of suitable soil of at least one thousand (1,000) square feet in size (which is defined by State of Maine Wastewater Disposal Rules, 144A CMR 241, Tables 700.1 and 700.2).
2. The minimum setback for subsurface sewage disposal systems shall be no less than one hundred (100) horizontal feet from the normal high water mark of a water body. This requirement shall not be reduced by variance except for replacement systems.
3. Holding tanks for sanitary wastes will be permitted only when approved by the Plumbing Inspector, and only if arrangements have been made for periodic removal and disposal of wastes in accordance with all laws and the tank is constructed of impervious material. The Board finds as there are no plumbing systems or other wastewater disposal systems
involve, that this subsection is not applicable. (5/0)
6.4 Erosion Control:
1. Filling, grading, lagooning, dredging, earthmoving activities, and other land use activities shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
2. Removal of sand or gravel. From natural beaches or the disruption or removal of buffer strips that protect fragile land areas immediately behind a shoreline and on neighboring properties is prohibited.
3. On slopes greater than twenty-five (25) percent, there shall be no grading or filling within one hundred (100) feet of the normal high water mark, except to protect the shoreline and prevent erosion.
4. Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet lying either wholly or partially within the area covered by this ordinance is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with the provisions of a Conservation Plan which meets the standards of the State Soil and Water Conservation Commission, and is approved by the appropriate Soil and Water Conservation District. The number of the plan shall be filed with the Planning Board. Nonconformance with the provisions of such Conservation Plan shall be considered to be a
violation of this ordinance. The Board finds as this structure is not being placed on land, so the matter of erosion control is not applicable. Therefore this subsection is not applicable. (5/0)
6.5 Vegetation:
1. Clearing of trees or conversion to other vegetation is allowed for permitted construction provided that:
1. Appropriate measures are taken, if necessary, to prevent erosion when activity is undertaken.
2. The activity is in conformity with State Mandated Shoreland Zoning.
2. Removal of more than 25% of the trees within 25 feet of any town or state road in any 12 month period shall require a Conditional Use Permit from the Planning Board.
3. No accumulation of slash shall be left within 50 feet of any town or state road or within 50 feet of the normal highwater mark of any waterbody. Slash shall be disposed of so that no part extends more than 4 feet above the ground.
4. Provisions of the State of Maine Shoreland Zoning Act shall apply in the State Mandated Shoreland Zone for timber harvesting and clearing of vegetation, as per Title 38 MRSA § 439-A.5 and 439-A.6.
5. A CEO Permit is required for cutting timber larger than 4" DBH when the total amount to be cut is greater than 10 cords but less than 50 cords in any one year period.
6. A CUP is required from the Planning Board for cutting timber larger than 4 inches DBH when the total amount to be cut is 50 cords or more in any one year period. The Board finds as there are no issues concerning vegetation, the application is in compliance with this subsection. (5/0)
6.6 Compatibility: The proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, visual impact, proximity to other structures, and density of development. The Board finds that the proposed use is compatible with permitted
uses in 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. (5/0)
6.7 Impact on Town Services: The proposed use shall not unduly burden the capacity of the Town's facilities, including public water and sewage, or the ability of the Town to provide essential public services (such as, but not limited to, schools, fire and police protection, refuse collection, and parking) to its residents and visitors. The Board finds the application is in compliance with this subsection. (5/0)
6.8 Highway Safety: The proposed use shall not cause unreasonable congestion on highways or public roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed. Sufficient off-street parking shall be available. The Board finds the proposed use is in compliance
with this subsection. (5/0)
6.9 Preserving the Town's Character: 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 3.5 and shall be in accord with the Comprehensive Plan. The Board finds the proposed use is in compliance with this subsection. (5/0)
6.10 Nuisances: Notwithstanding any other standard in this section, the Planning Board shall not issue any conditional use permit for any proposed use which if established would be obnoxious or offensive by reason of odors, dust, smoke, gas, fumes, vibration, noise, or other objectionable features, nor for any use which would prove injurious to the safety and welfare of the neighborhood. The Board finds that the proposed use is in compliance with this subsection. (5/0)
Section 5.7 continued
2. on finding that there have been significant changes of conditions or circumstances; and The Board finds that there have been significant changes of conditions and circumstances. Therefore the application is in conformance with section 5.7.2.. (5/0)
Public hearing deadline:Conditional Use Permit
3. when justified by a statement of findings of fact and reasons. The Board finds the foregoing statements of findings of fact and reasons are sufficient to establish that the application is in compliance with Section 5.7.3. (5/0)
The permit is issued with the condition that the Army Corp of Engineers and the Submerged Land Lease permits & approvals have been obtained.
A VOTE WAS CALLED AND THE MOTION TO APPROVE THE AMENDMENT TO PERMIT #01-17 CARRIED UNANIMOUSLY (5/0).
V. C. Conditional Use Permit(s)
NAME: Deep Cove Limited Partnership
AGENT: Greg Johnston, CES, Inc.
LOCATION: 673 Indian Point Road
TAX MAP: 12 LOT: 6 ZONE: SR3
PURPOSE: Excavation or filling more than 50 cubic yards within a year.
SITE INSPECTION: 4:15 pm
No conflict of interest was reported. The regular members present are the voting members for this hearing. It was confirmed the notice was published in The Bar Harbor Times.
Site Inspection was attended by Mr. Andrews, CEO Keene, Chairman Clunan and reported by Mr. Andrews. The site is on Deep Cove on the western side of the island and faces generally west. There is a steep embankment, 15’ to 20’ high, which is eroding. The bank is topped with some nice old oaks and pines, which are toppling into the water. The applicant wishes to place rip rap in three areas. One is about a 40’ long section, and the other two are located in a 140’ section of the bank. The site is not really visible by neighbors. It is only visible from above. They intend to install rip rap and vegetate it as much as possible. Mr. Tracy would like to commend CES again, for turning in a professional and concise application. Mrs. Reilly asks about the cause of the erosion. Mr. Johnston for CES says that it is a sandy area
and with the storms and wave action at the bottom of the area, it is eroding. The only development is a pier in the area. Some of the areas maintain some vegetation. No real development there. In stabilizing this area with the rip rap, Mrs. Reilly asks, do you perceive any projection if there are any more areas of eroding forces? Mr. Johnston replies that there may be more in the future, but the concern now is the area where the trees are falling away. Trees from last year that were standing have fallen to the bottom. This is in an area in front of the house. Chairman Clunan says that there is a large erratic the size of this meeting room. Better to be left alone, than let it bring down the front yard. Mrs. Reilly asks about the new Shore Bird Habitat Protection Zone. Mr. Johnston replies that it is not in a significant water fowl staging or habitat area. CES has talked to the DEP about this project and has signed permits from them.
There is no public present, and no correspondence. Chairman Clunan says he would like to hear a little bit more on how this project is going to be done. Mr. Johnston replies the bottom portion of the retaining slope will be larger boulders, two to three foot in diameter. Keyed in below ground, two courses below grade fall landward of the high water line. If possible, if there is ledge, we will pin along that face course sloped back to the existing grade and vegetation. We talked about barging in and unloading and using something on shore for place fees. That is a possibility. The work cannot really be done from above, because of the reach for the equipment. Mr. Tracy questions the size of the rip rap pieces. Mr. Johnson replies, The Department of Transportation manuals that they use for highways and bridges etc. have different criteria
grades and sizes defined as rip rap. Those having an irregular shape, angular dimensions required and they go up to two foot by 3 foot diameters. Mr. Tracy replies, that is a confusing statement, when you use angular and diameter in the same sentence. So, are they angular shape pieces, or are they rounded? Mr. Johnston replies that they are boulders. The back fill material behind the boulders will be organic stuff that will be more like slag. Chairman Clunan asks about working down on the beach level. Is it going to be tide dependant? He is concern about people working and with the tides, causing more erosion while trying to fix the problem. They will be working from the high water line to the bank. Along the bottom, they would put up silt fencing and would run wood chips along the bottom. They will have to work the tides. There is a spring high out there that allows for a flat area between the bank and the beach. Construction could take about four weeks. Mr.
Johnston says that the work is planned for late fall. With some frost in the ground, they will be able to use trucks on the lawn. Chairman Clunan wants to know where they have done this kind of work before. Cranberry Isles, end of Southwest Harbor, by the Marina, Lamoine and Hancock, we have done a number of them, in last couple of years. Mrs. Reilly asks how they are working. They are working well, holding. Mr. Johnston says that the others had more clay soils, which made it more difficult. Mrs. Reilly wants to know how they are going to establish vegetation. This bank will tie in to the existing slope with smaller rip rap. No chain link fence to hold it up? No, replied Mr. Johnston. Mr. Miller wants to know what is growing there,now. On the banks themselves, some alders, some spruces, and Rosa Rogosa not a lot. Mr. Johnston says, when you look at the bank, you will see large boulders. Mr. Miller wants to know how long it takes for rip rap to age. As long as they don’t run out
of material and they keep everything uniform, about a year. Mr. Andrews asks if the erosion has been going on for along time. Mr. Reeve, says that his grandmother, when it was her home, tried to stop it, with vegetation, and trees. Mr. Clunan asks CEO Keene if they need any other permits. They have them, she replies. Are there any outside permits, pending? No.
MOTION TO APPROVE MADE BY Mr. Andrews; SECONDED BY Mr. Tracy.
The Standards of Section 6 of the LUZO, as amended March 6, 2007, were reviewed as follows:
6.1 Expert Testimony: The Planning Board or code enforcing officer(s) in deciding whether or not to issue a permit shall be governed by the standards set forth in this section. The Planning Board or code enforcing officer(s) may reasonably require an applicant for a permit to furnish at the applicant's expense expert testimony, including documentary material, to prove compliance with such standards. The Board finds the expert testimony heard from Greg Johnston of CES, Inc. who has designed the bank stabilization plan to be sufficient. The application is in compliance with this subsection. (5//0)
6.2 Land Suitability: All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction. Proposed uses requiring subsurface wastewater disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report, prepared by a Statecertified soil scientist or geologist based on an onsite investigation.
Within the shoreland zone, the persons qualified to prepare these reports shall be certified by the Department of Human Services. Suitability considerations shall be based primarily on criteria employed in the National Cooperative Soil Survey as modified by onsite factors such as depth to water table and depth to refusal. The Board finds the application is in compliance with this subsection. (5/0)
6.3 Sanitary Standards:
1. All plumbing systems within two hundred (200) feet of a public sewer shall be connected to public sewer where available in accordance with local, state, and federal laws and regulations. The Planning Board may waive this requirement if all other standards of Section 6 are met.
2. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:
1. All subsurface sewage disposal systems shall be located in areas of suitable soil of at least one thousand (1,000) square feet in size (which is defined by State of Maine Wastewater Disposal Rules, 144A CMR 241, Tables 700.1 and 700.2).
2. The minimum setback for subsurface sewage disposal systems shall be no less than one hundred (100) horizontal feet from the normal high water mark of a water body. This requirement shall not be reduced by variance except for replacement systems.
3. Holding tanks for sanitary wastes will be permitted only when approved by the Plumbing Inspector, and only if arrangements have been made for periodic removal and disposal of wastes in accordance with all laws and the tank is constructed of impervious material. The Board finds that with no plumbing facilities, this subsection is not applicable.
(5/0)
6.4 Erosion Control:
1. Filling, grading, lagooning, dredging, earthmoving activities, and other land use activities shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
2. Removal of sand or gravel. From natural beaches or the disruption or removal of buffer strips that protect fragile land areas immediately behind a shoreline and on neighboring properties is prohibited.
3. On slopes greater than twenty-five (25) percent, there shall be no grading or filling within one hundred (100) feet of the normal high water mark, except to protect the shoreline and prevent erosion.
4. Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet lying either wholly or partially within the area covered by this ordinance is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with the provisions of a Conservation Plan which meets the standards of the State Soil and Water Conservation Commission, and is approved by the appropriate Soil and Water Conservation District. The number of the plan shall be filed with the Planning Board. Nonconformance with the provisions of such Conservation Plan shall be considered to be a
violation of this ordinance. The Board finds the applicant is in compliance with this subsection. (5/0)
6.5 Vegetation:
1. Clearing of trees or conversion to other vegetation is allowed for permitted construction provided that:
1. Appropriate measures are taken, if necessary, to prevent erosion when activity is undertaken.
2. The activity is in conformity with State Mandated Shoreland Zoning.
2. Removal of more than 25% of the trees within 25 feet of any town or state road in any 12 month period shall require a Conditional Use Permit from the Planning Board.
3. No accumulation of slash shall be left within 50 feet of any town or state road or within 50 feet of the normal highwater mark of any waterbody. Slash shall be disposed of so that no part extends more than 4 feet above the ground.
4. Provisions of the State of Maine Shoreland Zoning Act shall apply in the State Mandated Shoreland Zone for timber harvesting and clearing of vegetation, as per Title 38 MRSA § 439-A.5 and 439-A.6.
5. A CEO Permit is required for cutting timber larger than 4" DBH when the total amount to be cut is greater than 10 cords but less than 50 cords in any one year period.
6. A CUP is required from the Planning Board for cutting timber larger than 4 inches DBH when the total amount to be cut is 50 cords or more in any one year period. The Board finds that in as much as the applicant intends to remove only trees that are dead and fallen, that a full erosion control plan is outlined in the application attachment #9 and all other erosion control measures, such
as hay bales, silt fencing and wood chips are best management practices. The application is in compliance with this subsection. (5/0)
6.6 Compatibility: The proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, visual impact, proximity to other structures, and density of development. The Board finds the proposed use is in compliance with this subsection. (5/0)
6.7 Impact on Town Services: The proposed use shall not unduly burden the capacity of the Town's facilities, including public water and sewage, or the ability of the Town to provide essential public services (such as, but not limited to, schools, fire and police protection, refuse collection, and parking) to its residents and visitors. The Board finds this application is in conformance with this subsection. (5/0)
6.8 Highway Safety: The proposed use shall not cause unreasonable congestion on highways or public roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed. Sufficient off-street parking shall be available. The Board finds the proposed use is in compliance with this
subsection. (5/0)
6.9 Preserving the Town's Character: 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 3.5 and shall be in accord with the Comprehensive Plan. The Board finds the application is in compliance with this subsection. (5/0)
6.10 Nuisances: Notwithstanding any other standard in this section, the Planning Board shall not issue any conditional use permit for any proposed use which if established would be obnoxious or offensive by reason of odors, dust, smoke, gas, fumes, vibration, noise, or other objectionable features, nor for any use which would prove injurious to the safety and welfare of the neighborhood. The Board finds the application is in compliance with this subsection. (5/0)
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5/0)
The minutes from the April 9, 2007 Planning Board meeting were amended and unanimously approved.
(Andrews, Tracy and Clunan)
NEW BUSINESS
MOTION TO ADJOURN MADE BY Mr. Tracy; SECONDED BY Mr.Clunan .
IV. Meeting adjourned at 7:45.p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Tuesday, May 29, 2007at the Somesville Fire Station.
Respectfully submitted,
Patti Reilly, Secretary
Jennifer L. McWain[Marker]
Deputy Clerk
Town of Mount Desert
21 Sea Street
P.O. Box 248
Northeast Harbor ME 04662-0248
Telephone (207)276-5531
Fax (207) 276-3232
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