Town of Mount Desert
Planning Board Meeting Minutes- Workshop
September 17, 2007
Board Members Present Public Present
Schofield (Sandy) Andrews III Alison King Becky Buyers-Basso
James R. Bright, Vice Chairman Stephanie Clement Tim Warden
James Clunan, Chairman Gary Fountain
Joseph Tracy David Irvin
Patti Reilly, Secretary John March
Kim Keene, CEO; Margaret K. Porter, Recording Secretary
The regular members present are the voting members for this hearing. It was confirmed the notice was published in the Bar Harbor Times.
I. The Public Meeting Workshop was called to order at 6:10 p.m.
II. The Planning Board will hold a Public Hearing Workshop to discuss language for a Steep Slope moratorium and to consider other possible amendments to the Land Use Zoning & Subdivision Ordinances.
III. Public Hearing
A. Amendments from the CEO -
2.7.6 Driveway Construction:
6. Driveway Construction: Driveways that provide the primary access from a public or private way to a building or buildings shall meet the following construction standards:
3.4.11. Mobile Homes (temporary), Campers, Trailers and Recreational Vehicles: No temporary or older mobile home, camper, trailer, or other recreational vehicle shall be used unless it is in a campground or a trailer park which has been established in accord with provisions of this ordinance. (This provision is not applicable to pre fabricated modular homes.) Provided, however, that the Selectmen may issue a permit authorizing temporary use of a trailer, temporary or older mobile home, camper, or recreational vehicle for residential purposes not exceeding thirty (30) days, and only while a new home is under construction.
Add wording to Section 3.6 - Dimensional Requirements (Minimum Width of Lots: just below "on road" for all districts.)
Road frontage exemption for certain lots. A lot may be exempt from the road frontage requirements, provided that the lot is serviced by a driveway that meets the requirements contained in Section 2.7.6 and is located within a thirty-foot-wide easement running from the street to the lot.
Remove - delegation CEO authority to the Planning Board, Planning Board would have to be trained as a Code Enforcement Officer.
7.11 The preceding provisions relating to the CEO notwithstanding, if the CEO determines pursuant to Section 7.2 that an activity approved by the Planning Board is not being conducted in a manner consistent with the permit, the CEO may refer the matter in writing to the Planning Board and mail a copy to the permit holder. At its next meeting, the Planning Board shall vote to set a date for a public hearing on the issue. The date of the public hearing shall be no sooner than ten (10) days and no later than thirty (30) days from the date of the Planning Board's vote. Following the public hearing, a permit may be suspended or revoked if the Planning Board finds:
1. The permit was issued on incomplete or false information, and/or continuation of the work or use authorized would result in a violation of the Land Use Zoning Ordinance, state, or federal law.
2. A violation has been created during the completion of work or use initially authorized by the permit.
3. The continuation of the work or use authorized is endangering or may endanger the health, safety, or welfare of the community during the construction of the work or use for which the permit was issued.
4. The applicant or his agent is exceeding the scope of the work or use, or conditions are not being met, for which the permit was issued.
A notice of revocation or suspension shall be in writing, stating:
1. The reason for revocation or suspension.
2. The corrective measures to be taken.
3. The period of time given to the applicant to correct the violation(s)
4. If a permit has been revoked, the applicant may reapply only after corrective action has been taken, and the Planning Board finds the corrective action has corrected the violation.
5. If the permit has been suspended, the permit shall be active again only after corrective action has been taken, and the Planning Board finds the corrective action has corrected the violation.
6. This provision applies to all Conditional Use Permits issued after March 8, 1994.
7. The Planning Board's decision may be appealed to the Zoning Board of Appeals within thirty (30) days of notice of the final decision in strict accordance with this ordinance, the Reorganization of the Town of Mount Desert Zoning Board of Appeals, and the Zoning Board of Appeals Town of Mount Desert Rules of Procedure. For this purpose, the permit holder shall be deemed to have received notice three days after mailing of the final written decision of the Planning Board to the permit holder. Other interested parties shall be deemed to have received notice three days after a copy of the final written decision of the Planning Board has been filed as a public record in the Town Clerk's
office.
Section 15 Definitions
Add/modify the following definitions:
Abutter - Having a common border with, or being separated from such common border by an easement, street, road, public way or private way.
Tributary Stream - means a channel between defined banks created by the action of surface and or ground water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity.
Volume of a Structure - the volume of all portions of a structure enclosed by roof planes and intersecting fixed wall planes as measured from the exterior faces.
Subdivision Ordinance:
3 - Definitions
B. CEO Keene has updates from DEP about significant wildlife Habitats for shore bird and inland bird habitats and updates on shoreland zoning.
C. Steep Slopes- After a lengthy discussion between Board Members and members of the public, it is decided that more information is needed and another meeting before anything will be decided. This is to be added to the October 9, 2007 agenda. If the moratorium is decided upon, the Selectmen need to be notified in time for the November 12, 2007 Selectmen's Meeting. Gary Fountain, a member of the public wants it to go on the record, that he wants Jim Bright from the Planning Board to abstain from the vote, if it should come to that. Mr. Fountain believes that Mr. Bright has a conflict of interest. Mr. Bright recused himself from item #4 as it never entered his mind that Mr. Fountain had property for sale beside him. He stated that he would consider this and let the Board know at a later date whether or not he
felt he had a conflict of interest.
IV. Meeting adjourned at 8:30. 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,
Patti Reilly, Secretary
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