Board Members Present Public Present
Schofield (Sandy) Andrews III Beth Roberge
James R. Bright, Vice Chairman Sam Coplon
James Clunan, Chairman Douglas Hopkins
Joseph Tracy
Patti Reilly, Secretary
Kim Keene, CEO; Margaret K. Porter, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. It was decided that the approval of the draft minutes from the February 12, 2007 meeting, minutes from the March 12, 2007 & March 26, 2007 meeting were put on hold till after the Public Hearings.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Andrews
III. Public Hearings – Conditional Use Permits
A. NAME: Lot 104, LLC
APPLICANT: Andrew Davis
AGENT: Beth Roberge
LOCATION: 37 Rowland Rd., Seal Harbor
TAX MAP: 29 LOT: 22 ZONE: R2
PURPOSE: Non- Commercial Recreational: Outdoor Recreational Facility-Platform Tennis Court
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 James Clunan, James Bright, CEO Kim Keene and Secretary Margaret Porter and reported by James Bright. The land was covered in snow and mud. It’s a level lot that was a garden at one time. It is about 30 feet from one road and about 50 or 60 feet from Cooksey Drive. Hard to say what soil is like, but sure it is adequate for a platform tennis court. There is a house to the northeast about 100 yards away. Another house to the southeast, below about 150 yards away. Down the road, across the way behind the rocks, is another house. Mr. Clunan reply’s that he is surprised at the property being so level. CEO Keene adds that the closest abutting property also belongs to the owners.
MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mrs. Reilly.
Public Discussion- CEO Keene says that Douglas Hopkins came in to the office to inquire about it.
Being present for the meeting, Mr. Douglas Hopkins inquires about a curfew on the use of the court at night. Is it going to be a lighted court, he asks? Beth Roberge, who represents the property owners responds that they are going to use lighting that is designed to face the platform tennis court, and using screening. Mr. Andrews explains that platform tennis can be very noisy. Mr. Hopkins asks about the height of the court. Chaiman Clunan invites Mr. Hopkins up to the front to view the plans. From the plans, Mr. Tracy responds that the use of friendly lighting is being used. Mr. Coplon from the audience, says that it looks like the use of lighting is about 1 foot candle, which is the minimum. Sam Coplon asks what the floor will be made from. Ms. Roberge replies, wood. It will be off the ground about 4’. Mr. Clunan notices
on the plans that the numbers leading away from the court get less and less. Is that a measure of the lighting, he asks. Yes, replies Mr. Tracy. Mr. Tracy asks how far away from the project, is Mr Hopkins place. He responds, Ringing Point is to the west of the court. Mr. Tracy asks Ms. Roberge if the owners mentioned anything about time not exceeding. No, she replies. Mr. Tracy suggests a condition made on the hours of use and the lighting.
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 application is in compliance.(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 proposed structure is to be located on soils where there will not be any results in adverse environmental impact. (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 this section 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 that As Best Management Practices will be used during construction, the application is in conformance. (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 view of the minimum amount of limbing to be done, that the application is in compliance. (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 the permitted use
in the district, in which it is located. (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 that the application is in compliance with this section. (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 shall not cause
unreasonable congestion on public roads, as they have sufficient off road parking. (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 in compliance with this section. 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 if established will not be obnoxious or offensive, by reason of odors, dust, smoke, gas, fumes, vibrations, nor would it prove injurious to the safety and welfare of the neighborhood. Further with respect to noise and light, the Planning Board issues this permit on the condition that use of the facility shall not be a nuisance to neighbors when established by reason of noise and light especially between the hours of 6pm and 8am. In addition the Planning Board conditions this permit on the requirement that the lights be turned off when the court is not in
use.
( 4/1) Mr Bright believes that it will be noisy and he believes that the Planning Board has not protected the neighbors enough.
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED ( 4/1).
B. SUBDIVISION APPLICATION
Pre-application-Sketch Plan
NAME: Lake Camp, LLC
AGENT: Samuel Coplon, 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: 4:45 PM
Site Inspection was attended by James Clunan, CEO Keene, Secretary Margaret Porter and Sam Coplon. Reported by Chairman Clunan. We Met on Ripples Road, about ½ mile down the road on the right side. We walked down the gravel driveway and at each point where the proposed lot lines, there was green flagging, dividing this 16 acre parcel, into 3 lots. At the bottom there are three buildings, indicated on the plan. CEO Keene asks how many of the camps have kitchens. Only one replies Mr. Coplon. One is a little reading cabin, closest to the water. Other is a bunk house. The Grace family owns several pieces of property on the Island and it is part of the Estate planning to subdivide this property, for their children. No plans at this time to improve the property. Maybe down the line. Property just up from the dam, which was
reconstructed last year. Three lots can be created within the family replies Mr. Coplon.The LLC kind of changes things from family. Well tended gravel driveway that leads down to the camps that will serve as access for lots #1 and #2. Lot #3 which is the lot with all the road frontage that will have a separate driveway off Ripples Road. It will be noted on plat. Mr. Clunan asks why they want a separate driveway. Mr. Coplon replies that we cannot have three lots from one driveway. We do not want to upgrade the driveway to a road. Nice the way it is now with the trees. Mr. Bright asks, if draw the driveway on the plat now, and we approve this, won’t the driveway have to go there. Mr. Coplon says, no, we are going to take that off the plat and note that on lot #3 it will have a separate access. Mr. Bright talks about the completeness review, and when the Planning Board accepts it, we have no site inspection, and then we have a site inspection when we have the final public
hearing. Yes, replies Joe Tracy. Mr. Coplon says that he can get Tom Benson to go out and stake the lots. Mr. Tracy says that he will review this in a very relaxed manner, because all he is concerned with is that Mr. Coplon has enough room to build and have the proper setbacks. Mr. Clunan asks if there are any shoreland issues. Mr. Coplon says that he does not know where the 100 year flood line is. CEO Keene says that Long Pond is not designated in the Flood Plan. There is a dam. Lots are fairly large replies Mr. Coplon. Each have approx 540’ , 560’ and 630’ feet of shore line. Requirement Mr. Clunan replies, is 250’. The lots will not be sub-divided again says Mr. Coplon. Zoning is SR5 replies Mr. Coplon, near the minimum lot size. Unless the Zoning changes, which he does not anticipate happening, they are not going to be building anymore unit. CEO Keene asks about where the water is going to be coming from. Do they have a well or do they get it
from Long Pond. Long Pond, and they have no problems, replies Mr. Coplon. March on replies Mr. Clunan
The minutes from the February 12th 2007 meeting were approved. ( Mr. Tracy and seconded by Mr. Bright.)(5/0)
The minutes from the March 12th 2007 meeting were approved.( Mr. Clunan and seconded by Mr. Tracy)(5/0)
The minutes from the March 26th 2007 meeting were approved.( Mr. Andrews and seconded by Mr. Tracy.)(5/0)
NEW BUSINESS
Chairman Clunan brings up the fact that the attendances for Planning Board Site Inspections are very poor. Non attendance of site inspections can risk projects to be postponed. Are we letting Kim Keene know if we are not going to be able to attend? It is not fair to the applicant if no one shows up. Mr. Clunan believes that at least two people should show up. Should the times of the Planning Board meeting be changed, to a better time, asks Mr. Clunan. It is decided that the time is ok as it is.
Mr. Bright brings up the issue of crowding at the Tan Turtle Restaurant. CEO Keene says that Fire Chief Bender is looking into it. CEO Keene says that it is not as crowded as it was.
Meeting adjourned at 8:15 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 23, 2007 in the Meeting Room, Town Hall, Northeast Harbor.
MOTION MADE TO AJOURN made by Mr. Clunan: SECONDED By Mr. Bright
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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