Board Members Present Public Present
James R. Bright, Vice Chairman Debbie Musetti
Gerard M. Miller, alt Michael Musetti
Joseph Tracy Jean-Paul Taillon
Patti Reilly, Secretary Kim Horton
Sam Coplon
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 February 12, 2007 meeting, and the draft minutes from the March 12, 2007 meeting were tabled till next meeting.
III. Public Hearings – Conditional Use Permits
A.
NAME: Somes Sound View Inc. / Michael C. & Debbi Musetti
LOCATION: 86 Hall Quarry Rd., Hall Quarry
TAX MAP 8 LOT 148 ZONE R2 & SC
PURPOSE: Commercial Recreational: Outdoor Recreational Facility-Swimming Pool
SITE INSPECTION: 3:00 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 M D Islander and the Bangor Daily News.
Site Inspection was attended by Jerry Miller, Joe Tracy, Jim Bright and CEO Keene and reported by Mr. Miller. The Musetti’s would like to build a 20’ X 40’ pool, in a cleared area.
No public discussion.
Mrs. Reilly inquires about the Site Plan, not indicating contours of the land. Will there be any run off? No, it is in a low area. Land will be built up around the pool, making it level.
The hours of operation will be 7am till 10pm.
MOTION TO APPROVE MADE BY Mr.Tracy; SECONDED BY Mr. Miller .
The Standards of Section 6 of the LUZO, as amended March 7, 2006, 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 is no need for expert testimony. (4/0)
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 land suitability purposed for the swimming pool is suitable. No adverse environmental impact or erosion. (4/0)
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 there is no public sewer system and the proposed structure does
not require connection to the existing septic system on site. (4/0)
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 that with the landscaping plan that has been provided along with best management practices used, it will satisfy this subsection. (4/0)
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 with planting of trees and grass around the pool and best management practices used, it will satisfy this subsection. (4/0)
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. (4/0)
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 that the proposed use is in compliance. (4/0)
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 that the proposed use is in compliance. (4/0)
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 that the proposed use is in compliance. (4/0)
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 with the operating hours established, 7am to 10pm, and Best Neighbor Practices used, that the proposed use is in compliance. (4/0)
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY ( 4/0).
B. SUBDIVISION SKETCH PLAN REVIEW
NAME: Lake Camp, LLC
AGENT: Samuel Coplon Associates
SUBDIVISION NAME: Lake Camp Property
LOCATION: 50 Ripples Road, Somesville
TAX MAP: 9 LOT: 9 ZONE: SR5
PURPOSE: To create a 3 Lot subdivision
SITE INSPECTION: 4:00 PM
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection was attended by Mr. Miller and Mr. Bright. Mr. Bright reported that Mr. Coplon was not at the site for the inspection. This item will be postponed till the April 9, 2007 meeting.
Mr. Coplon asks for some feed back about a question that he has, concerning the driveway. What they would like to do, is to use the existing driveway to access the first lot and the second lot. If the Board can’t allow the use of the existing drive to access the third lot, they can create a separate drive off from Ripples Road. The existing driveway cannot access the third lot as it is now. It would need to be brought up to Street Construction Standards. The existing driveway provides access to one lot right now. When an access road from a public road is required to serve 3 or more lots, said access road shall be modified to meet the standards listed in Section 5.14.01 & 5.1.02 of the subsection.
Jean Paul Taillon and Kim Horton have come to this meeting by request of CEO Kim Keene. They want to change the material of their patio. They want to go from blue stone to FA wood. It is more expensive, but much better for cutting back on sound. They also will be changing the lights. The new lights will be hanging down from the railings around the patio. They want to cut back on
patio size, for the first year no. They will be using a single awning system. They will be covering less area, creating a smaller dining area. They also want to move the back door from one side of the bar to the other side. In order to do this, they would have to cut down two trees. By moving the door, it would cut down on noise to the neighbors. It was ok’d by the Board.
Question came up concerning the number of seats that the Tan Turtle holds. Possible that too many are in the building at one time. CEO Keene and Fire Chief Bender are already looking into the matter.
MOTION TO ADJOURN MADE BY Mr. Tracy; SECONDED BY Mr. Miller .
New Business
IV. Meeting adjourned at .7:10 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 9th 2007 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
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