Town of Mount Desert
Planning Board
Minutes November 27, 2006
Board Members Present Public Present
Schofield (Sandy) Andrews III Sam Fox
James R. Bright, alt Tom Minervino
James Clunan, Vice Chairman Dave Ashmore
Heather Jones, Chairman Brian Reilly
Gerard M. Miller, alt Becky Buyers-Basso
Joseph Tracy
Patti Reilly, Secretary
Kim Keene, CEO; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:04 p.m.
II. The draft minutes from the November 13, 2006 meeting were unanimously approved as amended.
IV. Public Hearing 6:15 P.M.
A. To hear and consider public questions and comments on the proposed 2007 Town Meeting Warrant, specifically those articles for the Land Use Zoning Ordinance amendments and the Subdivision Ordinance amendments.
Chairman Jones opened the Public Hearing at 6:20 p.m. It was confirmed that the notice for the Public Hearing was advertised twice, per Ordinance requirements. Each proposed change was reviewed and discussed. Public comment was accepted. Any change to the proposed change was confirmed with a unanimous vote (7-0). Within the proposed changes, underline refers to an addition and a strikethrough refers to a deletion.
LUZO Section 15. Definitions
COOKING FACILITIES: comprise:
(1) a stove, microwave, or other cooking device. ; and
(2) [a] a sink and/or [b] a refrigerator
FENCE/WALLS, SOLID: Any fence in which the individual solid portions visually exceed the open portions. The individual solid portions shall not exceed twelve (12) inches in width.
After a thorough discussion of free standing and retaining walls, and referring to the dictionary for a definition of wall, the Board agreed to delete the “S” from “FENCE/WALLS” and leave the proposed definition as is.
LUZO Section 3.4 Regulations: Specific Uses
3.4.7 Fences and walls: A solid fence (as opposed to a rail or similar fence) andor wall, more than four (4) feet in height, measured vertically from the ground directly beneath the fence or wall, shall require either a Code Enforcement Officer or a Conditional Use Permit. Such fences or walls shall not unduly restrict scenic views. The structural side of the fence shall not face the public view.
1. A Code Enforcement Officer Permit may be issued for solid fences or walls up to six (6) feet in height provided that:
a. A setback of six (6) feet is maintained from roads, sidewalks, and right-of-ways.
b. It does not obstruct highway visibility.
c. A plan for vegetative screening, in the six (6) foot setback area, is provided that produces a minimum of twenty (20) percent cover of the fence or wall area. The plan must be implemented and maintained.
2. Fences or walls that do not meet the above criteria shall require a Conditional Use Permit from the Planning Board.
LUZO Section 15. Definitions
HEIGHT OF A STRUCTURE: The vertical distance between the mean finished original grade at the downhill side of the structure and the highest point of the roof, excluding chimneys and antennas.
This definition corrects the proposal made and withdrawn at the 2006 Annual Town Meeting, due to a misprint.
LUZO Section 2. General Requirements
2.7.6. Driveway Construction: All driveways shall meet the following construction standards:
a. Minimum travel surface width: 12 feet
b. Minimum unobstructed width: 14.5 feet
c. Minimum vertical clearance: 14.5 feet
The minimum construction standards must be maintained at all times to provide adequate ingress and egress for emergency vehicles.
Culverts with a minimum 15 inches in diameter shall be installed at the end of driveways to provide for adequate drainage at the intersection with public or private ways where ditching exists.
2.7.7. Driveways & Roadways – Shall be setback a minimum of 5 feet measured from the edge of the fill extension from property lines.
Mr. David Ashmore expressed concerns with this proposal. He explained his situation. He has an agreement with an abutter to allow the use of a golf cart over a certain way. He interprets this change to disallow the use of a golf cart because of the LUZO definition of a driveway (“…passage of motorized vehicles.”) Board decided to change 2.7.6 as follows:
2.7.6. Driveway Construction: All dDriveways that provide the primary access from a public way to a building shall meet the following construction standards:
a. Minimum travel surface width: 12 feet
b. Minimum unobstructed width: 14.5 feet
c. Minimum vertical clearance: 14.5 feet
d. Minimum setback as measured from the edge of the fill extension from property lines 5 feet,
and to delete 2.7.7 entirely.
LUZO Section 3.6 Dimensional Requirements
NOTES:
(d) In all districts restrictions on setback of structures from property lines may be varied or nullified by written agreement with the abutting property owner. Said agreement or a copy of said agreement showing signatures shall be filed at the Municipal Office.
Maine Municipal Association has advised the Town on several occasions for the past several years that the aforementioned Note (d) is non-binding. MMA stated “a court would find that it constitutes an improper delegation of the Town’s legislative authority to private parties by authorizing private land owners to vary or nullify the Town’s side set-back requirements by private written agreements.” The point is, property owners may file an appeal with the Zoning Board of Appeals.
(d) Minimum Width Requirements for Cluster Subdivision and Workforce Housing development shall only apply to lots in a subdivision that is approved by the Planning Board under the cluster development provisions. (This is the previous Note (l)).
(h¹) Height: Structures in any non-Shoreland district shall not exceed forty (40) feet. In exceptional cases, which meet the standards of this ordinance and will not adversely affect the skyline of the Town, a Conditional Use Permit may be issued, notwithstanding the above height limitations. Placement of fill with the intention of circumventing this height requirement is prohibited.
(h²) Height: Structures in any Shoreland district shall not exceed thirty-five (35) feet. In exceptional cases, which meet the standards of this ordinance and will not adversely affect the skyline of the Town, a Conditional Use Permit may be issued, notwithstanding the above height limitations. Placement of fill with the intention of circumventing this height requirement is prohibited.
Dr. Fox spoke fervently against this proposal. Part of his reasoning was the fact that this height restriction would limit the ceiling height of the average home for a person of greater than average height. Mr. Tracy noted that this is a State requirement to follow height restrictions within the shoreland district. Dr. Fox questioned that the requirement is actual State law. The Board went on to discuss wording of the last sentence of (h¹) and (h²) regarding fill. Mr. Clunan said he was under the impression this proposal was being made based on State law. Chairman Jones clarified; it is her understanding that State law refers to: structures in any Shoreland district shall not exceed 35 feet. By making the proposed change, the Board would gain State support if needed.
If the Board was to permit a structure above 35 feet height in the shoreland district and there was a lawsuit against the permit, the State would not back the Board because the LUZO is less restrictive than State guidelines. The point was also made that there is no appeal process (to the Zoning Board of Appeals) regarding (h²); therefore, why would the Planning Board have the ability to grant a variance.
Board agreed to reword the last sentence of (h¹) and (h²) as follows: Placement of fill to circumvent with the intention of circumventing this height requirement is prohibited.
(l) Minimum Width Requirements for Cluster Subdivision and Workforce Housing development shall only apply to lots in a subdivision that is approved by the Planning Board under the cluster development provisions. (This becomes the new (d)).
LUZO Section 5. Conditional Use Permits: Procedures for Issuance
5.6 Any application for subdivision approval shall be directed to the Planning Board in accordance with Section 2.2.1. Section 2. of the Subdivision Ordinance of the Town of Mount Desert.
LUZO Section 3.5 Table
Commercial: Home Occupation: change the “C’s” (requires Conditional Use Permit) to CEO (requires CEO Permit) in all districts except RP, which remains an “X”.
LUZO Section 3.6 Table
On current LUZO page 15, section MINIMUM WIDTH OF LOTS change “*see Note (l)” to “see Note (d)”.
On current LUZO pages 15, 16, & 17, section SETBACKS FROM change “property lines** to property lines; delete “**see Note (d)”.
Board added the change, per request of CEO Keene, to delete “* see Note (e)” on page 15 of the current LUZO, under VR1 district. There is no reason to have the reference. And to add, on page 17 of the current LUZO, section SETBACKS FROM “*see Note (e)” after “75 ft” under district SC.
Chairman Jones closed the public hearing at 8:01 p.m.
The changes discussed tonight and the format will be updated and copies made for the Warrant Committee meeting tomorrow night.
V. Unfinished Business
CEO Keene referred to her letter to the Board, dated November 21, 2006, regarding the Palmer Subdivision. It is the opinion of the CEO, Chairman Jones, and Assessor John Brushwein that in the Subdivision Ordinance Section 4.8.2 “date of approval” is the date the Board votes to approve a subdivision application and not the date the plat is signed by the Board. Therefore, this application is null and void, since the plat was not filed with the Registry of Deeds within 90 days of the Board’s approval. Chairman Jones will listen to the recorded minutes from the date the application was signed (November 28, 2005) for clarification regarding one of the conditions.
III. Approval of 2007 Meeting Dates
Board approved the dates as presented. A reminder was made to Board members to alert the Town Office administrative staff when a member will be absent from a meeting.
CEO Keene also encouraged members to find another member and be prepared to elect a new chairman.
VI. Meeting adjourned at 8:12 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, December 11, 2006 in the Meeting Room, Town Hall, Northeast Harbor.
Respectfully submitted,
Patti Reilly, Secretary
| 
