Mount Desert, ME - Planning Board Meeting Minutes

Planning Board Meeting Minutes - 08/13/07

Town of Mount Desert

Planning Board Minutes

August 13, 2007

Board Members Present Public Present

Schofield (Sandy) Andrews III Noel Musson Kimberly Keene

James R. Bright Jack Lee JP Taillion

Gerard M. Miller Sam Coplon

Joseph Tracy Tom Benson

Patti Reilly, Secretary James Collier

James Clunan-late arrival

Brent Hamor Asst CEO; Margaret K. Porter, Recording Secretary

I. The meeting was called to order at 6:07 p.m.

II. The draft minutes from the July 9 and 23, 2007 meeting were tabled till after the meeting. Bright/ Tracy

III. Public Hearings - Conditional Use Permits

NAME: Joan W. Lee

AGENT: Jack Lee

LOCATION: Musetti Drive, Hall Quarry

TAX MAP: 19 LOT: 14-7 ZONE: SR2

PURPOSE: An Amendment to CUP #99-10 - Enlarge existing temporary float from

16' X 16' to 24' X 16'.

SITE INSPECTION: 3:30PM

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 Bright and Jerry Miller and reported by Jerry Miller. We looked at a dock/ float that was already in the water. I did not find any hazards of any kind. Mr. Andrews asks how it came to be in the water before a permit was gotten. Mr. Lee said that he didn't know that a permit was needed. Was there any public notice? "Yes" replies Mrs. Reilly. Are there any conflicts of interest ask Mr. Bright. "No" none. Does the CEO have any comments? "No" replies assistant CEO Hamor.

MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mrs. Reilly.

5.7 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;

2. on finding that there have been significant changes of conditions or circumstances; and

3. when justified by a statement of findings of fact and reasons.

The Board asks Mr. Lee why he wants a larger float. "I have a bigger boat" he replies. 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 with Section 6.1. (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 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 this Section is 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 this Section is not applicable. (5/0)

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 this Section is not applicable.

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 this Section is not applicable. (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 larger float is in compliance with this Section. (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 Section is in compliance. (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 that this Section is not applicable. (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 Section 6.9. (5/0)

14. Marine Structure Performance Standards

Marine Structure Definition: Piers, docks, floats, wharves, bridges over ten (10) feet in length, and other marine structures extending over or beyond the normal high water line of a water body.

All marine structures shall require site plan approval by the Planning Board and compliance with the performance standards below before a Conditional Use Permit will be granted. The Planning Board may require the submission of an environmental impact assessment on natural areas and may require mitigation measures such as 1.) Changes in the design and/or location of the marine structure, and/or 2.) Changes in the magnitude of activities on the marine structure.

The performance standards are as follows:

Commercial and public marine structures are exempt from requirements 7 through 10.

1. Access from the shore to the marine structure shall be developed on soils appropriate for such use and measures shall be taken to minimize soil erosion both during and after construction. Whenever possible, access from the shore to the marine structure shall be placed on bedrock. The Planning Board may require consultation with the local Soil and Water Conservation District Office. THE BOARD FINDS THIS SECTION NOT TO BE APPLICABLE. (5/0)

2. The location of the marine structure shall not unreasonably interfere with access to existing marine structures or points of public access, nor shall it unreasonably interfere with the use of other marine structures and landing places. THE BOARD FINDS THE ENLARGMENT OF THIS STRUCTURE WILL NOT INTERFER WITH PUBLIC WAY. (5/0)

3. The marine structure shall be designed, sited, and constructed to minimize adverse impacts on significant wildlife habitats or unique natural areas including, but not limited to: fin fish and shellfish fisheries, salt marshes, eel grass beds, shorebird and nesting habitats, critical fish spawning and nursery areas. THE BOARD FINDS THIS SECTION IS NOT APPLICABLE. (5/0)

4. Interference with the natural flow of any surface or subsurface waters shall be minimized during the construction and subsequent use of the marine structure. THE BOARD FINDS THIS STRUCTURE WILL NOT INTERFERE WITH THE NATURAL FLOW. (5/0)

5. The marine structure shall be designed, sited, and constructed so as not to encroach upon officially designated navigation channels. THE BOARD FINDS THE STRUCTURE IS IN COMPLIANCE WITH THIS SECTION. (5/0)

6. The Planning Board shall request comment from the Harbor Master in cases where the applicant proposes to build a marine structure in an officially designated mooring area. THE BOARD FINDS THIS SECTION IS NOT APPLICABLE. (5/0)

7. The marine structure shall comply with the dimensional limits listed below. The facility shall be no larger than necessary to accomplish the purposes for which it is designed. Its size and construction shall not change the intensity of the adjoining land use, and by no means shall exceed a total distance of more than one-third the width of the water body, when proposed for coastal or inland waters. Notwithstanding the dimensional limits below, in areas where the horizontal distance from the normal high water line to the mean lower low water is in excess of 160 feet, no permanent structure will be allowed seaward of the normal high water line. THE BOARD FINDS THE APPLICATION IS IN COMPLIANCE WITH THIS SECTION. (5/0)

Marine Structure

Dimensional Requirement

Maximum length of entire marine structure (i.e. pier, ramp and float combined) 225 feet 1

Maximum length of all permanent structures 150 feet

Maximum length of all non-permanent structures (i.e. ramp and float) 75 feet 2

Maximum width of pier walkway 6 feet

Maximum width of ramp 6 feet

Maximum square footage of floats 400 square feet

Maximum square footage of floats for communal marine structures (see 8 and 9 below) 800 square feet

1 Or length needed to obtain six feet of depth of water at mean lower low water, whichever is less.

2 In cases where no permanent structure is proposed the applicant will be permitted to install a ramp and float extending no further than 75 feet into the water body.

8. If two or more shorefront lot owners choose to share a communal marine structure the applicant may request additional square footage of floats. THE BOARD FINDS THIS SECTION IS NOT APPLICABLE. (5/0)

9. When proposed by the applicant, new subdivisions may provide a communal dock in lieu of the development of docks on individual lots. The applicant may request additional square footage of floats provided a demonstrated need can be shown. THE BOARD FINDS THIS SECTION IS NOT APPLICABLE. (5/0)

10. There shall be no more than one marine structure on a lot. THE BOARD FINDS THIS SECTION IS NOT APPLICABLE. (5/0)

A VOTE WAS CALLED AND THE MOTION TO APPROVE THE AMENDMENT CARRIED UNANIMOUSLY (5/0).

NAME: Richard P. Dickson, Trustee

AGENT: CES - Civil Engineering Service, Inc.

LOCATION: 1278 Main Street, Hall Quarry

TAX MAP: 8 LOT: 131 ZONE: RW3 & SR3

PURPOSE: Marine Structure - Pier, Ramp & Float

SITE INSPECTION: 4:15PM

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 Joseph Tracy and reported by Joseph Tracy as he was the only Planning Board member to find the site. Mr. Tracy and Noel Musson from CES walked from the house toward the site. It is along a rocky shore that points out. There are large rocks and some steepness of ledge. Mr. Tracy believes everything looked to be straight forward. Mr. Bright asks if there was public notice. "Yes" replies Mrs. Reilly. Are there any conflicts of interest ask Mr. Bright. "No" none. Does the CEO have any comments? "No" replies CEO Hamor.

MOTION TO APPROVE MADE BY Mr. Bright; SECONDED BY Mr. Miller.

FOR BOARD USE

FRESH WATER & MARINE STRUCTURE CHECKLIST

STANDARDS OF SECTION 3.4.14 MARINE STRUCTURE PERFORMANCE:

3.4.14.1. ACCESS FROM SHORE/SOIL/EROSION The Board finds CES statement meets the requirement. (5/0)

3.4.14.2 LOCATION/EXISTING USES The Board finds CES statement meets the requirement. (5/0)

3.4.14.3 IMPACT ON HABITAT/NATURAL AREAS The Board finds CES statement meets the requirement. (5/0)

3.4.14.4. NATURAL FLOW OF WATERS The Board finds the structure will not interfere with the natural flow. (5/0)

3.4.14.5. NAVIGATION CHANNELS The Board finds the CES statement meets the requirement. (5/0)

3.4.14.6. HARBOR MASTER COMMENT/MOORING AREA The Board finds this section is not applicable. (5/0)

3.4.14.7. COMPLIANCE WITH DIMENSIONAL LIMITS The Board finds the application is in compliance with this section. (5/0)

3.4.14.8. COMMUNAL MARINE STRUCTURE/ADDITIONAL SQUARE FOOTAGE OF FLOATS The Board finds the application is in compliance. (5/0)

3.4.14.9. NEW SUBDIVISION: COMMUNAL MARINE STRUCTURE/ADDITIONAL SQUARE FOOTAGE OF FLOATS The Board finds this section is not applicable.(5/0)

3.4.14.10. ONE MARINE STRUCTURE PER LOT The Board finds this section is not applicable. (5/0)

The Standards of Section 6 of the LUZO, as amended March 6, 2007, were reviewed as follows

6.3 Sanitary Standards:

2. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:

6.4 Erosion Control:

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.

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 the application s 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 the application be in compliance with the following conditions. The owner shall install down ward facing lights only with shields and a timer to minimize light pollution on the Sound. The time on will not exceed 30 minutes. No over night lighting permitted (5/0)

A MOTION TO APPROVE MADE BY Mr. Tracy; SECONDED BY Mr. Miller.

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5/0).

J.P. Tallion from the public asks the Planning Board if there was going to be any discussion during the meeting about his restaurant "BASA". Chairman Clunan replies that there will be no public discussion tonight.

A. SUB DIVISION COMPLETENESS REVIEW

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

Board reviewed the following Subdivision Ordinance sections against the submitted application and found the application to be in conformance except as noted:

4.2.1 Information on the Applicant

1. Name of applicant/owner

2. Name of agent (if other than owner) with attached authorization for agent by owner.

3. If Applicant is a corporation, state whether the corporation is licensed to do business in Maine, and attach copy of Secretary of State's Registration. Assistant CEO Brent Hamor says that where the owner is a Maine corporation, he needs to see the license.

4. Name of Applicant's authorized representative and authorization.

5. Name, address, and number of Registered Professional Engineer, Land Surveyor, or Planner.

6. Address to which all correspondence from the Board should be sent.

7. What interest does the Applicant have in the parcel to be subdivided (option, land purchase contract, record ownership, etc.)?

8. What interest does the applicant have in any property abutting parcel to be subdivided?

9. State whether preliminary plat plan covers entire, contiguous holdings of owner.

4.2.2 Information on Parcel to be Subdivided

1. Location of property: Map and Lot (from Town Tax Maps.)

2. Survey maps of tract to be subdivided, as well as contiguous property of the owner of the tract, certified by a Registered Land Surveyor, tied to established reference points (attach to application).

3. Current zoning district(s) of property.

4. Acreage of parcel to be subdivided.

5. An SSWD, by a licensed soil engineer identifying soil types and a map showing the location of soil test areas, unless the parcel will utilize public sewer. There shall be at least one satisfactory soil test per lot.

6. Names of property owners within 1,000 feet from the parcel to be subdivided, and on opposite side of any road from parcel to be subdivided (show on Plat).

7. Any restrictive covenants to be placed on the deeds.

8. Proposed soil erosion and sedimentation control

9. Water supply.

4.2.3 Information on Subdivision

1. Proposed name of subdivision

2. Number of lots

3. Date, north point, graphic map scale (show on Plat).

4. Proposed lot lines with approximate dimensions and suggested location where known of buildings, subsurface sewage disposal systems, and wells (show on Plat).

5. Location of temporary markers so located as to enable the Board readily to locate lots and appraise basic lots layout in the field (show on Plat)

6. Location of all parcels to be dedicated to public use, the conditions of such dedication, as well as the location of all natural features of site elements to be preserved (show on Plat).

7. A location map, consisting of a USGS Topographical Map, showing the relation of the proposed subdivision to adjacent properties and to the general surrounding area. The location map shall show all the area within 2000 feet of any property line of the proposed subdivision and shall be attached to application.

8. Location and size of existing buildings and other essential existing physical features (show on Plat).

9. Location of all wetlands, regardless of size, all water bodies and areas within the State Shoreland Zone (show on Plat).

10. Location of all drains which shall provide adequate storm water management.

11. Location and size of any existing and proposed sewers and water mains, and culverts and drains.

12. Location, names, and widths of existing and proposed streets, highways, easements, building lines, parks, and other open spaces (shown on Plat).

13. Names of abutters (show on Plat).

14. If the subdivision, or any part of it, is in such an area the subdivider will determine the 100-year flood elevation and flood hazard boundaries within the subdivision.

15. Other information not indicated above, as specified by the Board.

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.

There are four items that the Planning Board want to see for the next hearing for this project.

1. Corporate papers

2. The lots pinned

3. Information about vernal pools.

4. Wet lands labeled

BATTERIES changed in recorder

NEW BUSINESS

Tom Benson - Subdivision road consultation. Brief discussion.

Mr. Andrews makes a motion to go into executive Session- Pursuant to MSRA Title 1, Ch 13, §405.6E; to discuss pending litigation with the Town's attorney.

MOTION TO APPROVE MADE BY Mr. Andrews; SECONDED BY Mr. Clunan.

A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY (5/0).

Executive Session:

The Planning Board goes into executive session at 7:50pm.

The Planning Board comes out of executive session at 8:54pm.

The Planning Board goes back into executive session at 8:55pm.

The Planning Board comes out of executive session at 9:10pm.

OLD BUSINESS

The consideration of MMA's response to subdivision questions with specific respect to Robinson Lane Subdivision has been put off till the August 27th meeting, along with the minutes from the July 9th and 23rd meeting.

Mr. Andrews says that there are many points of the LUZO, like enforceable issues that he would like the Board to get legal advice on. The Chairman would like to find out about taking out section 7.11 of the LUZO. And the Newland thing has to come back to the Planning Board from the Zoning Board of Appeals. Also by using the new check list, Chairman Clunan believes that he will be able to do a better job leading the board on Section #6. Chairman Clunan says that he would like the Board to have a workshop with CEO Keene. To many items on the agenda is mentioned also.

MOTION TO AJOURN MADE BY Mr. Miller: SECONDED BY Mrs. Reilly

IV. Meeting adjourned at 9:45 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, August 27, 2007 in the Meeting Room, Town Hall, Northeast Harbor.

Respectfully submitted,

Patti Reilly, Secretary