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Planning Board Meeting Minutes - 06/11/07
Town of Mount Desert
Planning Board Minutes
of June 11, 2007

Board Members Present                           Public Present
James R. Bright, Vice Chairman          Tom Benson
James Clunan, Chairman                  Debbie Dewalt
Gerard M. Miller, alt
Patti Reilly, Secretary

Kim Keene, CEO; Margaret K. Porter, Recording Secretary

I.      The meeting was called to order at 6:08 p.m.

II.     The draft minutes from the May 29, 2007 meeting were moved till the June 25th meeting for approval.

III.    Public Hearings - Conditional Use Permits

        A.
        NAME: Camp Beech Cliff
        AGENT: Debra Dewalt, Agent
        LOCATION: 264 Beech Hill Road, Somesville
        TAX MAP:  7 LOT 89 ZONE: SR5/RW3
        PURPOSE: Expand existing float system
SITE INSPECTION: 4:00PM

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 Jim Clunan and Jerry Miller. Reported by Jerry Miller.  The camp is located on the edge of Echo Lake. They want to extend the dock on the other side of a small structure from their current dock for swimming. There is a three foot old wooden dock that they would like to copy the same pattern off for the new ramp.  The ramp is more than 75' from the stream. The stream is between the two docks. Debbie Deal was at the site inspection and said that the stream dries up in the summer. Chairman Clunan adds that it is a steep slope, but that it levels at the bottom. There are 7 steps down to the dock. Vegetation is good around the steps, so there is no problem with erosion. Chairman Clunan asks CEO Keene if she has any questions about the application. She replied that she has none. Then the Chairman asks if this application can be done as an amendment to the first application. CEO Keene replies, yes. Chairman Clunan adds that it can be done under 5.7. which is An Amendment to a Conditional Use Permit. Mr. Bright asks about public notice for the change.  The wording in the paper is fine as is.  A reading of 3.4.13 from the LUZO.  A letter from Wells Bacon, the Chairman for Camp Beech Cliff Board of Directors is read into the record.

13.     Fresh Water Related Structures:

                1.      Access from shore shall be developed on soils appropriate for such use, and constructed so as to control erosion. The Board finds access from the shore is to be developed on soils that is appropriate for such use and will be constructed so as to control erosion.  4/0
                2.      The location shall not interfere with existing uses. The Board finds that the new location for the new dock shall not interfere with existing uses. 4/0
                3.      The facility shall be located so as to minimize adverse effects on fisheries. The Board finds the facilities shall be located so as to minimize adverse effects on fisheries. 4/0
                4.      The facility shall be no larger in dimension than necessary to carry on the activity, and be consistent with existing conditions, uses, and character of the area. The Board finds that the facility is to be no larger in diameter then necessary to carry out the instructional swimming activity. And is consistence with existing conditional uses and the character of the area. 4/0
                5.      Piers, docks, floats, wharves, breakwaters, causeways, marinas, bridges more than 20 feet in length, and permanent uses projecting into fresh water bodies from normal high water level shall require a Conditional Use Permit.  The Planning Board may issue guidelines to insure compliance with state laws. The Board finds that the proposed use in terms of size and conformance with State Law is in conformance with Subsection 5 of this Ordinance. 4/0

MOTION TO APPROVE MADE BY Jerry Miller; SECONDED BY Jim Bright.

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 the application is in conformance with this Section.
        
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 State certified soil scientist or geologist based on an on site 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 on site factors such as depth to water table and depth to refusal.  The Board finds that the application is in conformance with this Section.


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 Section 6.3 is not applicable.

6.4     Erosion Control:
        1.      Filling, grading, lagooning, dredging, earth moving 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.  Non conformance with the provisions of such Conservation Plan shall be considered to be a violation of this ordinance.  The Board finds that the application is in conformance with this Section.

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 the application is in conformance with this Section.

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 application is in conformance with this Section.

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 conformance with this Section.

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 application is in conformance with this Section.

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 application is in conformance with this Section.

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 conformance with this Section.

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


B.       NAME:  Estate of Elwin Hodgdon; Evelyn Wehrfritz, P/R
                AGENT:  Tom Benson, T.W. Benson Land Surveying, Inc.
        LOCATION:  Indian Point Road, Pretty Marsh
        TAX MAP:  11 LOT:  94 ZONE:  RW2/RW3
        PURPOSE:  9 Lot Subdivision  

Completeness Review

The original pre application date was 5/22/06 along with the site inspection. Chairman Clunan was there for the site inspection and gives a little history for those that are new to the board.  Chairman Clunan asks Tom Benson if he was here for the last meeting on June 22, 2006. Yes replies Mr. Benson. The site is accessed by a long road from Indian Point Road. Some steep spots where the land goes up and down. Those of us that were there, Heather Jones, Sandy Andrews and Jim Clunan walked the proposed road. Eastern edge of the property abuts Acadia National Park. Mr. Benson had the road flagged and pointed out a stream that needed to be crossed with a culvert. The site is now heavily wooded and a couple of vernal pools possibly exist on the eastern most lot, being lot #5.  

Any conflicts of interest, asks Chairman Clunan. No, none.

The Chairman asks CEO Keene if she has any questions. No, she replies. He did a great job on the application. I went through it pretty thoroughly. Sections 4.2.1, 4.2.2 &4.2.3. Very detailed and all the permits were received ahead of time. Jim Bright asks if it is still all flagged out. Yes, replies Mr. Benson lot lines are still flagged. Chairman Clunan asks if there are any other questions from The Board. Jim Bright says that he has not read through the packet, but he has a question about the hay bales. Are they going to be permanent? Mr. Benson says that they are a temporary thing until things get seeded. Patti Reilly would like to commend Mr. Benson for recognizing the vernal pools. You did a great job on using the Maine Audubon forms on assessing vernal pools. And you found that one is a significant pool and the other was not. Has anyone from DEP been out to look? The report that you are looking at is from S.W. Cole. Also John Cullen has been out and so has Jay Clement from the Army Corps.  The road has been shortened about 120 feet away from the vernal pools. Hopefully get the approval today so we can go see DEP and tell them we have two lots. We want them to tell us where to build on the lots. Want to be able to have building envelopes to give to perspective buyers. Mr. Clunan asks if the builder is taking a risk trying to develop a lot. Tom Benson says that, yes there is some risk. He would like to get a hard and fast permit so people can develop. Mr. Bright says that some of the other lots have wetlands that restrict where the buildings can be built. Steady rise from the culvert to the cul- de- sac. Developer is going to sell the lots as undeveloped land.  Setback from the wetlands is 75'. Mrs. Reilly asks about the storm water plan. Where is the run off going to be going from the road? Into a level lip spreader replies Mr.  Benson. Chairman Clunan asks about authorization from the Wehrfritz for the record for you to be the agent. CEO Keene says that she has seen it. Mrs. Reilly asks Mr. Benson if he has had any comments from the park? No, I've spoken to Mike Blaney in the past and he had no comments. Mr. Clunan asks about scheduling the next meeting. The notice has to go into the papers twice before the next meeting. Looks like it will be the July 23rd meeting. No time set yet for the site inspection. A reading of Section #5.

        5.      GENERAL REQUIREMENTS

5.1     Buffer Strip.
Buffers shall be considered in or for the following areas and purposes among others:
1.      Along property lines, to shield various uses from each other;
2.      Along interior roads running parallel to roads exterior to the site, to prevent confusion, particularly at night;
3.      Outside storage
4.      To block prevailing wind patterns and to stop wind borne debris from leaving the site.

Driveway accesses shall be designed so as to minimize the visual interruption of the buffer areas.

5.2     Conformance with other Laws, Regulations

5.3     Construction Prohibited
Plans for road construction, grading and ditching shall be reviewed by the Board.

5.4     Ditches, Catch Basins
Any culverts shall be at least 15" in diameter.  Adequate drainage shall be provided so as to reduce the danger of flooding and erosion.

5.5     Easements The Board may require easements for sewerage, drainage, utilities, or public access.

5.6     Dedication for Year round housing
                Reserved

5.7     Lots and Density

5.7.1   The lot size, width, depth, frontage, shape and orientation and the minimum setback lines shall be in accordance with the Land Use Zoning Ordinance.

5.7.2   Where individual, on site sewage disposal systems are to be utilized, the size of each lot shall be based on soil characteristics, and shall, as a minimum, conform to M.R.S.A. Title 12, Section 4807  A as amended.

5.7.3   The Planning Board shall determine if a division of land will be reviewed as a Cluster, a Workforce or conventional subdivision.

In order to conform to Section V of the Comprehensive Plan, special consideration shall be given to the preservation of open space and the character of the community in which the development is proposed.

1.      Land Subdivisions:
Density requirements shall be in accordance with Land Use Zoning Ordinance, Section 3.6  Dimensional requirements remain as stated in the Land Use Zoning Ordinance, Section 3.6.
2.      Non land subdivisions (multiple units within a single structure):  Overall net density shall not exceed two dwelling units per minimum lot size in the district.
3.      Overall net density shall be determined by the total number of proposed dwelling units and the total acreage (including open spaces and recreational areas) within the subdivision.

5.8     Sewage Disposal

5.8.1   Where any part of a proposed subdivision is located within 1500 feet of a public sanitary sewer line, the subdivider shall connect with such sanitary sewer line by means of a main not less than 8 inches in diameter, provided however, that the appropriate municipal agencies shall first have certified that extending the services will not be an excessive burden on the system.

5.8.2   Where private subsurface sewage disposal is to be utilized, the subdivider must conform to all State of Maine Plumbing Code and LUZO requirements. Furthermore:
1.      Disposal sites shall be totally contained within the lot being serviced.
2.      Systems shall be designed to the highest standards for the specified use.
3.      There shall be no contamination of existing or proposed wells, or any other water source.

5.9     Land not Suitable for Development The Board shall not approve such portions of any proposed subdivision that are located on land below sea level, within the 100 year frequency flood plain, or on land which must be filled or drained or on land created by diverting a water course.  In no instance shall the Board approve any part of a subdivision located on filled tidal land or filled or drained Great Ponds.

5.10    Open Space Provisions

5.10.1  The Board may require that a proposed subdivision design include a landscape plan that will show the preservation of existing trees (10" or more in diameter), the replacement of trees and vegetation, graded contours, streams, and the preservation of scenic, historic, or environmentally desirable areas.  The street and lot layout shall be adapted to the topography.  Extensive grading and filling shall be avoided.

5.10.2  The Board may require that the subdivider reserve an area of land as an open space and/or recreational area for use by property owners in the subdivision.
1.      The property owners may enter into a written agreement with the Selectmen for development and/or maintenance of the reserved land, but all costs of development and maintenance shall be borne by the property owners of the subdivision.  The method for apportioning the cost as between individual property owners shall be subject to approval of the Town Selectmen.
2.      The obligation to provide for the cost of development and/or maintenance of the reserved open space shall be included in the conveyance of each parcel of the subdivision to its rightful owner.
5.11    Wells

5.11.1  Because they are difficult to maintain in a sanitary condition, dug wells may be permitted only if it is not technically feasible to develop other ground water sources.

5.11.2  The applicant may be required to show the availability of adequate potable water.  A test well may be required, if a public water system is not utilized.

5.12    Performance Bond

5.12.1  The Board may require that the subdivider file with the Board at the time of submission of the Final Plan a performance guarantee in an amount sufficient to defray all expenses of the proposed improvements.

5.12.2  The Board may recommend a maximum extension of 12 months to the guaranteed performance period when the subdivider can demonstrate, to the satisfaction of the Board and the municipal officers, good cause for such extension.  Such recommendation shall be referred to the municipal officers for official action.

5.12.3  Before a subdivider may be released from any obligation requiring his guarantee of performance, the Board will require certification from the appropriate municipal officers to the effect that all improvements have been satisfactorily completed in accordance with all applicable standards (State, Federal, and local codes, Ordinances, laws, and regulations).

5.12.4  The Board may, at its discretion, waive the requirement of a performance bond and recommend a properly executed conditional agreement with the Town.

5.14    Street Design and Construction

5.14.1  Widths of rights of way for road construction shall be not less than fifty (50) feet.  The design and construction of all streets and roads shall be in accordance with the State Aid Road Specifications of the State of Maine Department of Transportation.  Where an access road from a public road or highway is required to serve 3 or more lots, said access road shall be in accordance with the standards given below:

                Street Construction Standards:
                Minimum Right of Way Width                                              50 ft
                Minimum road Width                                                      16 ft
                Maximum Grade*                                                          12%
                Minimum Centerline Radius                                                 150 ft
                Minimum Tangent between Curves of reverse alignment             50 ft
                Roadway Crown                                                            1/4 in/ft                      Minimum Angle of street intersection** (degrees)                          75º
                Maximum Grade within 75 ft of intersection                                2%
                Minimum curb radii at intersections                                     14 ft
                Minimum width of shoulders (each side)                                    3 ft
                Minimum thickness of material after compaction                  18 in

                Street Materials:
                Aggregate Sub base Course               (Maximum Sized Stone 4 in)
                Crushed Aggregate Base Course                                       3 in

                *       Maximum grade may be exceeded for a length of 100 feet or less, upon approval of the Planning Board
                **      Street intersection angles shall be as close to 90 degrees as feasible but no less than the listed angle.

5.14.2  Dead End Streets In addition to the design standards above, dead end streets shall be constructed to provide cul de sac turn around with the following minimum requirements for radii:
                        Property line                   65 ft
                        Outer edge of pavement  50 ft
                        Inner edge of pavement  30 ft

                Where the cul de sac is in a wooded area prior to development, a stand of trees shall be maintained within the center of the cul de sac.  The Board may require the reservation of a twenty foot easement in line with the street to provide continuation of pedestrian traffic or utilities to the next street.  The Board may also require the reservation of a fifty foot easement in line with the street to provide continuation of the road where future subdivision is possible.

5.14.3  The approval by the Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the Town of Mount Desert of any street, road, or right of way.

5.15            Access to Direct Sunlight.

5.16            Cluster and Workforce Subdivision

5.16.1 Purpose:  The purpose of the cluster and workforce subdivision standards I               s to encourage new concepts of cluster housing with maximum                     variations of design that will result in:
1.      permanently protected open space and recreational areas;
2.      a pattern of development that preserves the natural beauty of the site, trees, outstanding natural topography, wildlife habitat, and to prevent soil erosions;
3.      an environment in harmony with surrounding development and/or the traditional community characteristics;
4.      a more creatively designed development than would be possible through strict application of other sections of the Land Use Zoning Ordinance;
5.      uses of land that promote efficiency in public services and facilities with small networks of utilities and streets;
6.      development of housing that is more economically viable for the year-round working community.

5.16.2. Plan Design Requirements

1.      Permitted Zones and Uses:  Cluster and Workforce Subdivisions are permitted in all Zones except for Shoreland, Conservation, and Resource Protection Zones.
2.      Density:
a. The density of the subdivision shall not exceed the density requirements of the zone in which it is located. Density is calculated by applying the minimum lot sizes to the developable portion of the parcel (i.e. not wetland or steep slope). For the purpose of calculating density for subdivisions that include Workforce Housing, the area of the entire parcel may be used (i.e. including wetland and steep slopes).  Workforce Housing will use the entire parcel.  Density requirements and density bonuses for workforce housing shall be calculated from lines (A) and (B) of the minimum lot size standards in the LUZO Dimensional Requirements Section 3.6.
b. Multiple Zoning Districts:  If the parcel being subdivided is located in more than one zoning district, the overall density of the subdivision shall not exceed the combined density requirements of the districts in which the subdivision is located.
c. Workforce Housing Density Bonuses:  Projects that include covenants held by a qualified workforce housing entity may receive density bonus as follows:
1.  An increase of up to 50% in the gross residential density of the site may be permitted if at least 50% of the residential units are conveyed with covenants designed to benefit the creation and preservation of workforce housing.
2.  An increase of up to 75% in the gross residential density of the site may be permitted if 100% of the residential units are conveyed with covenants designed to benefit the creation and preservation of workforce housing.
3.      Open Space requirements:  The cluster subdivision must include open space that meets the following requirements:
a. The total area dedicated for open space must equal or exceed the sum of the area by which the building lots are reduced below the minimum lot size otherwise required for the respective zone (i.e. the non-cluster subdivision minimum lots size). Open Space requirement for Workforce Housing: When calculating the open space requirement for qualified workforce housing development, the density bonus units shall be excluded.
b. The open space shall be accessible to the residents of the development.
c. The open space may be used for low-intensity recreation, subsurface wastewater disposal, agriculture, or other passive outdoor living purposes and for preserving the natural features of the site. The open space shall not include rights-of-ways, parking areas, tennis courts, swimming pools, or other areas of impervious surface, or similar recreational development. The use of open space may be further limited or controlled at the time of final subdivision approval if necessary to limit impact to adjacent properties.
d. Whenever possible, some portion of the open space must be located adjacent to the existing public road(s) serving the development so as to preserve a rural or traditional appearance from such roads.
e. The open space shall be protected by a legal instrument satisfactory to the Planning Board, sufficient to assure its maintenance and preservation for its intended purpose. The legal arrangements shall specify ownership of the open space area, responsibility for maintaining the limitation on the uses, payment of taxes, insurance and other fees, and any other specifications deemed necessary by the Planning Board. Any association or entity formed to own or maintain the open space shall not be dissolved without the consent of the Planning Board.
f. The open space may not be further subdivided, except:
1. part or all of the common open space may be conveyed for public ownership with approval by the Town; or
2. easements may be granted for underground utilities.
4.      Development Layout: Each lot or building must be an element of an overall plan for the entire parcel.  When the development consists of the creation of lots, the plan shall establish a building envelope for each lot within which the buildings will be located.  When the development involves the construction of multiple buildings on one (1) or more lots, the plan shall show the general location of each building.
        The plan shall show the location and size of all building envelopes, roads, utility easements, common areas, common structures, parking areas, footpaths, and private yard space related to individual residential units. The placement of buildings and treatment of spaces shall reflect the purpose of this section and meet all other relevant requirements of this Ordinance.
5.      Road frontage requirement:  Only the lot over which the main access road lies shall meet the required road frontage for the zone in which it is located. Other lots may have less or no road frontage, as determined by the Planning Board.
6.      Setbacks:  The Planning Board may reduce the side and rear setback requirements for the internal lot lines of the project, but not the setbacks from the boundaries with adjacent parcels.
7.      Public land and facilities: The Town must approve any provisions for the maintenance and upkeep of public land and facilities within subdivision.
8.      Protection of natural and scenic features: building envelopes, proposed buildings, roads, or other improvements shall be located to preserve the existing scenic and natural features of the property to the greatest extent practicable.
9.      Streets: access from public ways, internal circulation, and parking shall be designed to provide for vehicular and pedestrian safety and convenience, emergency and fire equipment, snow removal, street maintenance, refuse collection, and other delivery and collection services.
10.     Drainage: adequate provision shall be made for management of storm water runoff and erosion control.
11.     Sewage Disposal: The subdivision shall be served by public sewer or shared subsurface systems, unless the Planning Board finds that these systems are not practicable or permissible under the State of Maine Plumbing Code.
12.     Water Supply: The subdivision shall be connected to a common water supply and distribution system unless the Planning Board finds that:
a.      Adequate ground water is available at all locations proposed for individual water systems, and;
b.      the ground water source (s) proposed for the individual water systems is safe from both on-site and off-site contamination.
13.     Utilities: all utilities shall be installed underground unless specifically waived by the Planning Board. Transformer boxes, pumping stations, and meters shall be screened from view from public locations.
14.     Buffering: forest management, planting, landscaping, disposition and form of buildings, fencing, and screening shall be used to integrate the proposed development with the landscape and the character of any surrounding development.

The Board finds after reviewing Section 4.2.4. and Section 5 of the Subdivision Ordinance, that the application is complete.  Section 6 will be reviewed at the Public Hearing, as will other regulations and ordinances referred to in Section 5.2

A VOTE WAS CALLED TO FIND THE WEHRFRITZS SUBDIVISION COMPLETE AND A MOTION TO APPROVE CARRIED UNANIMOUSLY ( 4/0).

NEW BUSINESS

CEO Keene asks if the minutes from the May 28th Planning Board meeting can be postponed until Joe Tracy can be present.

Chairman Clunan says that he spoke to John Kelley at Acadia National Park about the proposed development over on Robinson Lane. They are abutters explains Chairman Clunan. Chairman Clunan said that he walked Mr. Kelley through what they had discussed at the meeting. He said that had he known about the meeting, he would have been there. CEO Keene said that they didn't need to send out letters to the abutters for that meeting.It seems that most are not in favor of this application. But as Mr. Tracy said, if it's for emotional reasons, that's not a good reason to turn it down. There has to be a basis in the ordinance. If your emotional reasons for being against it are so strong then we do have a case of bias. Chairman Clunan said If we all have a reason for being bias, we all recuse ourselves, we can't get away with turning it down that way, either. There is something called the rule of necessity. If you don't have enough members who are unbiased we have to decide anyways. It's the duty of the Planning Board. Let's try to put aside whatever might be as described as bias and look at this Robinson Lane proposal as objectively as possible. Chairman Clunan says he had a phone call from a summer resident of Bar Harbor who had read the article in the Islander about our Planning Board Meeting about Robinson Lane and she said," watch out for that guy". Chairman Clunan said that he couldn't get a word in edge wise for quite awhile. She was talking about Mr. Grason. She had, had some dealings with him with respect to another development. Chairman Clunan said that he explained to her that she could come to the public hearing, but did not know if she would have standing and would even be able to say anything. He told her she could write to the news paper, since she saw it there. She replied that she did not want to do that. CEO Keene reminds everyone that Mr. Grason is not the applicant. No, but it is his land, responds Chairman Clunan. Mr. Bright asks how they were able to go and build those roads up in there already. Mrs. Reilly asks the same. Mr. Bright says that it says they can't do anything till they get permission. These driveways were put in when each lot was divided once, making four lots.  They can do that says CEO. Keene The subdivision has come after the fact. Didn't we have Mr. Grason before us, asks  Chairman Clunan. Yes, replies CEO Keene. He  was doing four lots. It was not approved. It was withdrawn because of septic concerns. He did put some in with the development of houses on those lots. If you read the Natural Resources Act, I don't know how anyone could objectly read that and approve building this subdivision on those steep slopes.  We are obligated to protect areas like this in this State. It's a law of the State. That is an area that is very visible, states Mrs. Reilly. Chairman Clunan asks if there is a provision in our ordinance that connects the preservation act? Yes, replies Mrs. Reilly. It is in our Subdivision Ordinance responds Mr.  Bright. It's with the permits from DEP and ChairmanClunan just read it from 5.2. conformance of other laws and regulations. The Natural Resources Preservation Act (NRPA). Is it State Law? Yes. When was it adopted? 1980 some time. The way it was left with Greg Johnston from CES was, the only thing the Board could find was a 12% grade on the road.  He said that he was going to try and find another way to design the road so that it didn't have the 12% grade. Storm water is another issue for CES.

Ober Mills Subdivision. CEO Keene asks if the Board remembers the lot on the right, the first one going in. Mr. Bright asks, from the Woods Road? No, Ober Mills replies CEO Keene, off Indian Point Road. Yes, Replies Chairman Clunan. The lot has a pond on it. Britt Hulbert had the lot then divided it into two lots.Then sold both. There is a pond dividing the two properties. Both lots share the pond. In the 2004 minutes, Dave Irvin was here discussing the lot. He indicated that the pond that was created, was manmade. He says it was a fire pond. I have Tom and Kelly Brown owners of the property approaching me to see if they could fill in half of the pond. What is the Boards feeling on that, asks CEO Keene. The owners are going to have DEP come out and get their feelings on filling in the Fire Pond. There is a stream going out of the pond. What has developed in the manmade pond, ask Mrs. Reilly? CEO Keene says that she has not seen it, so she does not know what is growing for plants etc.  CEO Keene says that the pond is about 20' deep. When the Planning Board accepted the subdivision, you approved a setback of 40 or 60 feet. Jon Cullen told the Browns they could build within 25 feet, because it is manmade. Normally the Board does not require fire ponds in subdivisions, so, I do not know what your feeling is on this. Mr. Bright says what his question is, if it is manmade, but no stream is going into it, that it was probably wetlands to begin with, and you can't fill wetlands. CEO Keene says that Mr. Cullen told the Browns that they could do it. Mr.Bright thinks that Mr.Cullen needs to be asked if it was wetlands to begin with, and if you can fill wetlands. Keene says, yes you can fill wetlands. You can fill a tenth of an acre, says CEO Keene, without a permit. The reason that they want to fill their portion of the pond in, is they want to be able to build on the property.  They will have a bigger building envelope to work with. Mr. Bright says that he understands what CEO Keene is saying, but he wants her to understand what he is saying. If the property is filled in, isn't it still wetlands, and they will have set backs to meet. I do not know replies CEO Keene.  The person owning the other half of the pond does not want to see it done. Does the subdivision approval call it a fire pond, asks Mr. Bright. No, replies CEO Keene. In the minutes, it does. Most of the Board members are no longer here, so I need your thoughts. Mrs. Reilly asks CEO Keene if she spoke with the Fire Chief? Mr.  Miller asks if the deed says that there is a fire pond on the property? The board agrees that the deed needs to be looked at.  There is Section  6.7. Impact on Town services responds Chairman Clunan. CEO Keene says that she will speak with Mike Bender, the Fire Chief and get his opinion. Could be a civil issue where there is another property owner involved with the pond, responds Chairman Clunan.
Chairman Clunan asks if there is any other business. No nothing.
MOTION TO AJOURN MADE BY Jim Bright; SECONDED BY Jerry Miller.

IV.     Meeting adjourned at 7.57 p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, June 25, 2007 in the Meeting Room, Town Hall, Northeast Harbor.

Respectfully submitted,




Patti Reilly, Secretary