Board Members Present Public Present
James Clunan, Vice Chairman David Irvin
Heather Jones, Secretary Chadd E. Blanchard
Samuel M. Fox III Vicki VanDenburgh
Joseph Tracy Thomas Savage
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 March 8, 2004 meeting were unanimously approved as amended.
IV. Unfinished Business
B. Subdivision Application
OWNER/APPLICANT: Chadd Blanchard
LOCATION: 9 Blanchard Road, Mount Desert
TAX MAP: 9 LOT: 11 ZONE: Village Residential 1
PURPOSE: 3 lot land subdivision
Issuance of Dated Receipt
Board issued dated receipt and set the Completeness Review date at April 12, 2004.
III. Public Hearings
Subdivision Application
A. SUBDIVISION NAME: Ober Mill Subdivision II
OWNER-APPLICANT: Richard Davis Irvin
LOCATION: Tax Map 12 Lot 13 (between Indian Point Road and westerly end of Woods Road, Mount Desert
ZONE: Rural Woodland 2 & Rural Woodland 3
PURPOSE: Land Subdivision 49.5 acres divided into 9 lots
SITE INSPECTION: 3:00 p.m.
Board reviewed a letter received from Fire Chief Chris Farley. It was noted that notices were sent to all property owners within 1000 feet. Dr. Fox recused himself again. Remaining 5 Board members present are the voting members for this hearing.
Board reviewed Section 5. of the Subdivision Ordinance as Amended through March 4, 2003. Notations and comments are in italics.
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.
The area is well wooded.
When asked why Section 5. is not specifically addressed in the application, Mr. Irvin replied that this was discussed at the Completeness Review meeting, and items in Section 5 are addressed elsewhere in the application or on the plat. Board decided to proceed with the review; however, if Board deems necessary Mr. Irvin will provide information in writing.
5.2 Conformance with other Laws, Regulations
Because of square footage surface, DEP requires a Storm Water Management Plan. It is a work in progress.
5.3 Construction Prohibited
Plans for road construction, grading and ditching shall be reviewed by the Board.
Mr. Irvin presented a revised plat; however, he said this is not the final plat. In addition to road changes, he needs to add names of abutters along the Woods Road.
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.
Mr. Irvin referred to the culverts shown on the plat, he will comply with the 15 inches unless the DEP requires something different.
5.5 Easements The Board may require easements for sewerage, drainage, utilities, or public access.
Shown on plat.
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.
Plat shows all within requirements.
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.
Provided report from soil engineer.
5.7.3 The Planning Board shall determine if a division of land will be reviewed as a PUD or conventional subdivision.
Being reviewed as a 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 3.5. Dimensional requirements remain as stated in the Land Use Zoning Ordinance, Section 3.6.
All lots are larger than required by the Ordinance.
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.
Not applicable.
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.
Conforms.
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.
Not applicable.
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.
Conforms.
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.
Land is not in a flood zone; not diverting a water course.
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.
Mr. Irvin stated he is complying with all of Section 5.10.1
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.
Lots are of sufficient size that this section does not apply.
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.
Mr. Irvin stated that wells in the area (Woods Road and Ober Mill Road) have not had problems. He used his own as an example. He also noted that by retaining the wetlands, the wells are re-charged from the wetlands. Board concluded there is availability of potable water.
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.
Board waived the requirement for a Performance Bond.
5.13 Plan Revisions After Approval
Mr. Irvin stated he is aware of the requirements of this section.
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 (Maximum Sized Stone 4 in)
Crushed Aggregate Base Course 3 in
Hot Bituminous Pavement Total Thicknes 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.
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.
Board waived the road width requirement to allow width to be 16 feet; plan will be changed to show cul-de-sacs (rather than the use of a hammer head) at either end; Board waived the requirement of hot bituminous pavement; Board waived the minimum right-of-way 10 foot radii at intersections.
5.15 Access to Direct Sunlight.
Not applicable.
LAND USE ZONING ORDINANCE STANDARDS OF SECTION 6.:
6.1 EXPERT TESTIMONY The Board finds the application satisfies this requirement along with the letters from Fire Chief Chris Farley and Public Works Director Tony Smith.
6.2 LAND SUITABILITY The Board finds the application and supporting material are in conformance. Also noted a Storm Water Management Plan is being done for DEP.
6.3 SANITARY STANDARDS The Board finds application is in conformance.
6.4 EROSION CONTROL The Board finds applicant will use Best Management Practices, and supporting information is found on plat.
6.5 VEGETATION The Board finds application is in conformance. There will be no timber harvesting; cutting for the road does not mandate a Conditional Use Permit.
6.6 COMPATIBILITY The Board finds the application is in conformance.
6.7 IMPACT ON TOWN SERVICES The Board finds the subdivision will not unduly burden town services, as noted in letter from Public Works Director Tony Smith.
6.8 HIGHWAY SAFETY The Board finds this subdivision will not interfere with highway safety and again referred to letter from Public Works Director Tony Smith.
6.9 PRESERVING TOWN'S CHARACTER The Board finds the application is in conformance.
6.10 NUISANCES The Board finds there are no nuisances.
Board asked for public comment. Ms. Vicki Van Denburgh a land owner and member of Woods Road Association expressed concerns from some of the Association members. The two main concerns are the possibility of creating a "shortcut" between the Woods Road and Ober Mill Road, and probable degradation of the Woods Road during construction and increased traffic from the additional 3 lots. It was pointed that there are 15 lots currently in Woods Road Subdivision. Mrs. Jones suggested that the owners of the 3 additional lots may join the Woods Road Association. Mr. Tracy said he is uncertain that the Board has purview over the concerns expressed. Mr. Irvin stated that he retains the right to grant unconditional use of the road; he is aware of the concerns and believes there is a good dialogue between him
and the Road Association members. He plans to be a good neighbor.
Mr. Irvin stated he expects the Storm Water Management Plan will result in some changes on the plat, specifically related to water run off from the road.
Board agreed to table the public hearing until May 10, 2004 pending receipt of opinion requested from MMA regarding the remaining lands, and until DEP grants the Storm Water Management Plan permit.
MOTION MADE AND SECONDED (Tracy/Jones) TO TABLE THE PUBLIC HEARING UNTIL MAY 10, 2004. A VOTE WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY
Conditional Use Permits
A. A. NAME: Thomas R. Savage
LOCATION: 1265 Main St, Somesville
TAX MAP: 9 LOT: 106 ZONE: R2
PURPOSE: fill greater than 50 yards on slope in excess of 4:1
SITE INSPECTION: 3:45 p.m.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present and alternate member Mr. Zirnkilton are the voting members for this hearing.
Site Inspection reported by Mr. Tracy. The slope is on the right side of the residence. The purpose is to meet requirements set by Maine DOT to have a flat surface 30 feet back from the highway in order to have a horseshoe driveway. The location of the culvert is at the bottom of the area to be filled, some distance away. Fill will be mostly blown ledge.
Vice Chairman Clunan referred to applicable LUZO sections.
MOTION MADE AND SECONDED TO APPROVE THE APPLICATION (Fox/Tracy).
Mrs. Jones and Mr. Coolidge referred to information received in a HCPC Newsletter; it appears that Maine DOT needs to issue a permit before Town issues the CUP. Mr. Savage asked why that would apply if he is only asking for a permit for fill; not for a driveway permit. Board agreed with Mr. Savage.
The Standards of Section 6. of the LUZO, as amended March 2, 2004 were reviewed and found to be in conformance, as noted on the application. Condition: strict adherence to Best Management Practices particularly in the areas of sedimentation and erosion control.
A VOTE WAS CALLED AND THE MOTION AS AMENDED TO INCLUDE THE CONDITION STATED ABOVE, CARRIED UNANIMOUSLY 5-0.
IV. Unfinished Business
CEO reported that Mr. Walls has withdrawn his application permanently.
A. Conditional Use Permit Application tabled from March 8, 2004
NAME: Brent Walls
LOCATION: 89 Otter Creek Dr, Otter Creek
TAX MAP: 2 LOT: 3 ZONE: VR2
PURPOSE: fill on slope greater than 4:1
V. New Business
A. Ordinance changes, discussion
Subdivision: shall Section 5 be a part of the application and should an actual application form be created. Also needed is definition of when final plat plan must be submitted and placement of that requirement in the ordinance.
VI. Meeting adjourned at 8:00 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, April 12, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
| 
