Town of Mount Desert
Planning Board Minutes
August 27, 2007
Board Members Present Public Present
Schofield (Sandy) Andrews III Alison King Owen Craighead
James R. Bright Tim Allen Becky Buyers-Basso
James Clunan Betty Allen
Joseph Tracy David Allen
Kim Keene, 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, July 23 and the August 13, 2007 meetings were moved till the end of the meeting.
III. Public Hearings - Conditional Use Permits
A.
OWNER(S): David & Elizabeth J. Allen
APPLICANT: Timothy S. Allen
LOCATION: 22 S & H Lane, Somesville
TAX MAP: 8 LOT: 95 ZONE: RW3
PURPOSE: Commercial Auto Repair Garage
SITE INSPECTION: 3:30PM
Schofield Andrews was appointed as secretary for the meeting.The regular members present are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times. Jim Clunan recused himself as he is an abutter to the property and appointed Jim Bright as Chairman for this Conditional Use Permit application.
Site Inspection was attended by Jim Clunan and Kim Keene and reported by CEO Keene. It is an existing garage that was built some time ago. The vehicles will be screened from the road. All used oils are taken to the Town Garage for disposal. Mr. Andrews asks if there is going to be any signage. "No" replies CEO Keene.
MOTION TO APPROVE MADE BY Joe Tracy; SECONDED BY Sandy Andrews.
There was one letter from Donna Beal, saying that the Allens are good neighbors and that they run a good operation and that they have no negative impact on their neighborhood. No problems with traffic. Mr. Bright asks if there are any questions from the public. Owen Craighead, from the public says that he is an abutter and has no problems. Becky Buyers-Basso asked if he had the business for the last five years, why is he applying now. Joe Tracy replies that Mr. Allen needed one five years ago, but did not get it. Mr. Timothy Allen replies that his part time thing has turned into his living and he wants to get all the legal stuff done right. Mr. Andrews ask about how many cars are there at one time to be worked on. Mr. Allen replies about two or three at a time. Mr. Tracy asks what kinds of work do you do on these vehicles. Just about
anything replies Mr. Allen.
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 find that expert testimony is not required for this application. (3/0)
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 the application is in compliance with Section 6.2. as the proposed use will not disturb the soils. (3/0)
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 property is not within 200 feet of a public sewer and that 6.3.1. is not applicable. (3/0)
The Board finds Section 6.3. to be non applicable in that there is no plumbing in the structure-the adjacent residence is plumbed and has a septic system. (3/0)
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 6.4. not applicable in that the building has already been permitted and
built.. (3/0)
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 6.5 not applicable in that the building has already been built and permitted. (3/0)
6.6 Compatibility: The proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, visual impact, proximity to other structures, and density of development. The Board finds the proposed is compatible with zoning RW3 and that the application is in compliance with Section 6.6.. (3/0)
6.7 Impact on Town Services: The proposed use shall not unduly burden the capacity of the Town's facilities, including public water and sewage, or the ability of the Town to provide essential public services (such as, but not limited to, schools, fire and police protection, refuse collection, and parking) to its residents and visitors. The Board finds the application is in compliance with Section 6.7. in that it will impose no additional use of town services.(3/0)
6.8 Highway Safety: The proposed use shall not cause unreasonable congestion on highways or public roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed. Sufficient off-street parking shall be available. The Board finds the application is in compliance with Section 6.8. in that it will not cause congestion and off street parking exists. (3/0)
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. in that it provides a useful service to the town and due to the location, it doesn't impact the beauty of the town.(3/0)
6.10 Nuisances: Notwithstanding any other standard in this section, the Planning Board shall not issue any conditional use permit for any proposed use which if established would be obnoxious or offensive by reason of odors, dust, smoke, gas, fumes, vibration, noise, or other objectionable features, nor for any use which would prove injurious to the safety and welfare of the neighborhood. The Board finds the application is in compliance with Section 6.10.based on 1. noise is inside an enclosed structure 2. operating hours are 9am to 5pm and 3. waste oil is disposed of lawfully off site. (3/0)
A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY
(3/0).
OTHER BUSINESS:
1. Discuss Language for Steep Slopes Moratorium
An attorney came in and spoke to CEO Keene about wording for a moratorium reguarding steep slopes. If this should happen, it will give time for the Planning Board to work on the LUZO. Need definition of steep slopes. This will also be worked on at the workshop with the CEO. Anything that we would want would have to go to the Selectmen for approval for the special Town meeting in December.
2. Discuss denial from Selectmen with regards to Temp Trailers (Sec. 3.4.11)
At the Selectmen's meeting on August 6th It was sent back to the Planning Board and the CEO for discussion. The RV is already on the property and it is temporary. It is decided by the Planning Board that with regards to the ordinance, it is the Selectmen who make the decision.
3. Consideration of MMA's response to subdivision questions with specific respect to Robinson Lane Subdivision.
CEO Keene was asked to get in contact with MMA and find out, that if Robinson Lane wanted to come back before the Planning Board to continue with the subdivision, could they or would they have to reapply and start over. MMA responded that it depended on what our ordinance said if they could come back. If not, they would have to start the whole process again.
4. Set a date for a workshop with CEO Keene on the issues of the LUZO.
The date set is September 7th for CEO Keene to have her ideas to the Planning Board and the meeting to be on September 17th at the Somesville Fire Station. (waiting for confirmation)
The minutes from the August 13, 2007 meeting were approved as amended. Approval of the minutes from the July 9th and the July 23rd meeting were postponed till the September 24, 2007 meeting.
MOTION TO AJOURN Mr. Bright; SECONDED BY Mr. Tracy
IV. Meeting adjourned at 8. p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, September 24, 2007 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Schofield Andrews, Secretary
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