Town of Mount Desert Planning Board Approved
Minutes of February 9, 2004 02-23-2004
Board Members Present Public Present
James Clunan, Vice Chairman Joe Renault Lisa Renault
Heather Jones, Secretary Kelly Brown Tom Brown
Samuel M. Fox III Lucas Dunbar Sarah Dunbar
Joseph Tracy Dave Irvin Jim Robinson
Robert Coolidge, alt
Stephen Zirnkilton, alt
Brent Hamor, CEO; Barbara Williams, Assistant; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m. by Vice Chairman Clunan.
II. The draft minutes from the January 26, 2004 meeting were unanimously approved as amended.
III. Public Hearing - Subdivision Application
A. SUBDIVISION NAME: Brendun Woods
APPLICANTS: Thomas & Kelly Brown, Joseph P. III & Mary Renault,
and Lucas & Sarah Dunbar
PURPOSE: Subdivide 19.98 acres into 5 lots
TAX MAP: 11 LOT: 108 ZONE: Rural/Woodland 3
SITE INSPECTION: 3:00 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present, except Mrs. Jones, plus alternate member Mr. Coolidge are the voting members for this hearing.
The final plat plan was presented along with a signed purchase and sale agreement and proposed covenants. Site Inspection reported by Mr. Coolidge.
Board began its review, findings are in italics.
SUBDIVISION ORDINANCE SECTION 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.
Due to residential nature of existing and proposed development, buffering not required.
5.2 Conformance with other Laws, Regulations
Application is in conformance.
5.3 Construction Prohibited
Plans for road construction, grading and ditching shall be reviewed by the Board.
Application is in conformance.
5.4 Ditches, Catch
Any culverts shall be at least 15" in diameter. Adequate drainage shall be provided so as to reduce the danger of flooding and erosion.
Identified location of culverts on plat, application in conformance.
5.5 Easements The Board may require easements for sewerage, drainage, utilities, or public access.
Application is in conformance.
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.
Application is in conformance.
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.
Application is in conformance
5.7.3 The Planning Board shall determine if a division of land will be reviewed as a PUD or conventional subdivision.
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.
Application is in conformance
1. Land Subdivisions:
Density requirements shall be in accordance with Land Use Zoning Ordinance, Section 3.5. 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.
Application is in conformance
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.
Application is in conformance
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.
Application is in conformance
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.
Application is in conformance
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.
Applicant does not have to conform
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.
Application is in conformance, test well not required
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.
Not required
5.13 Plan Revisions After Approval
Not applicable
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 pavement Width 18 ft
Minimum Grade .5%
Maximum Grade* 10%
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) 75
Maximum Grade within 75 ft of intersection 2%
Minimum curb radii at intersections 15 ft
Minimum R/O/W radii at intersections 10 ft
Minimum width of shoulders (each side) 3 ft
Minimum thickness of material after compaction 18 in
Street Materials:
Aggregate Sub base Course (Max. Sized Stone 4 in)
Crushed Aggregate Base Course 3 in
Hot Bituminous Pavement Total Thickness 2 in
Surface Course 1 in
Base Course 1 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.
After a very lengthy and detailed discussion the following motions were made:
MOTION MADE AND SECONDED (Tracy/Clunan) TO APPLY THE FOLLOWING CONDITION: At the turn in Brendun Woods Road there shall be a 30 foot inside radius shown on the final plat plan. A vote was called and the motion carried 4-1 with Mr. Coolidge voting against.
MOTION MADE AND SECONDED (Coolidge/Tracy) TO APPLY THE FOLLOWIING CONDITION: reduce minimum pavement width from 18 feet to 16 feet. A vote was called and the motion carried 5-0.
MOTION MADE AND SECONDED (Coolidge/Fox) TO APPLY THE FOLLOWIING CONDITION: to maintain the minimum shoulder width on each side at 3 feet and to waive the requirement for hot bituminous pavement. A vote was called and the motion carried 5-0.
MOTION MADE AND SECONDED (Coolidge/Tracy) TO APPLY THE FOLLOWING CONDITION: to waive the requirement for minimum right-of-way radii at intersections. A vote was called and the motion carried 5-0.
With the preceding waivers and condition, application is in conformance
5.14.3 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.
Application in conformance
5.14.4 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.
Acknowledged
5.15 Access to Direct Sunlight.
Not applicable.
LAND USE ZONING ORDINANCE STANDARDS OF SECTION 6.:
6.1 EXPERT TESTIMONY The Board finds application is in compliance from testimony heard from applicants, the letter from Mr. Labelle, and other documentation.
6.2 LAND SUITABILITY The Board finds the application is in conformance - soils are appropriate.
6.3 SANITARY STANDARDS The Board finds application is in compliance as described.
6.4 EROSION CONTROL The Board finds application is in conformance as shown. No slopes greater than 25%.
6.5 VEGETATION The Board finds application is in conformance.
6.6 COMPATIBILITY The Board finds application is in conformance.
6.7 IMPACT ON TOWN SERVICES The Board finds application is in conformance.
6.8 HIGHWAY SAFETY The Board finds application is in conformance.
6.9 PRESERVING TOWN'S CHARACTER The Board finds application is in conformance.
6.10 NUISANCES The Board finds there are none.
Mr. Tracy asked applicant to clarify confusing lines on final plat (wetlands, etc).
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION AS AMENDED BY PREVIOUS MOTIONS (Fox/Zirnkilton). A VOTE WAS CALLED AND THE MOTION TO APPROVE CARRIED UNANIMOUSLY 5-0.
IV. Unfinished Business
A. Richard Davis Irvin/Ober Mill Subdivision II
Tax Map 12 Lot 13 Zone Rural Woodland 2 & Rural Woodland 3
Land Subdivision 104.48 acres divided into 10 lots
Issuance of Dated Receipt and potential Completeness Review
Mr. Clunan reported that the subdivision falls into two parts as shown on the plan. Most of the land is relatively flat and primarily wooded.
Mr. Irvin explained how the subdivision has progressed. He also noted the threshold for DEP review has changed from acreage to number of lots (20 acres to 15 lots). Therefore, this subdivision is now subject to a DEP Stormwater Management Plan review.
Mr. Irvin presented revised application pages and plat plan with changes that included the number of lots, total acreage, a test pit on Lot 5, and culverts.
Dr. Fox suggested he recuse himself because his daughter owns property that abuts Mr. Irvin's land.
Board issued the Dated Receipt and deferred Completeness Review until February 23, 2004. Mr. Tracy noted he will be absent.
B. Chadd Blanchard
Tax Map 9 Lot 11 Zone Village Residential 1
9 Blanchard Road, Mount Desert
Site Inspection 3:45 p.m. (no other business for this item)
Site inspection attended by Mrs. Jones, Dr. Fox, Mr. Clunan, Mr. Coolidge and the CEO.
V. New Business
A. James Robinson
Tax Map 24 Lot 24 Zone Village Commercial
5 Rock End Rd, Northeast Harbor
Subdivision Sketch Plan Review
Mr. Robinson explained his sketch plan (blue lot) is based on the proposed changes to the LUZO and Subdivision to be considered at Annual Town Meeting March 1 & 2, 2004. Mr. Phillips has donated Dodge house (11 Sea St., Northeast Harbor) for use as workforce housing. Mr. Robinson needs to give him a decision by March 15, 2004.
Mr. Robinson noted the total lot coverage is less than 1000 sq ft for the workforce housing lot (4000 sq ft.). Referring to the proposed changes, specifically LUZO Section 3.6 Dimensional Requirements Chart and Note (g) and Subdivision Ordinance [new] Section 5.16 Cluster Subdivision Development, a lengthy discussion ensued.
Board and Mr. Robinson determined the current issues are two-fold: density and Note (g). Although the workforce housing lot is only 4000 sq ft, there was indication that if the proposed changes to the LUZO and Subdivision Ordinance (specifically Section 5.16.2.2.c.1) are enacted at Annual Town Meeting the Board could approve the lot size.
B. Ordinance changes, discussion
Deferred.
C. Membership, expiring terms discussion
Deferred.
VI. Meeting adjourned at 9:00 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, February 23, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
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