Planning Board Minutes November 28, 2017

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Planning Board Meeting Minutes
November 28, 2017
Great Cranberry Island Community Center


Branden Stubbs, Planning Board Chairman
William Dowling, Planning Board
Sally Rowan, Planning Board
Mark Alley, Planning Board Alternate
Dennis Dever, LPI & CEO
Ben Sumner, Deputy Clerk
Phil Whitney
Karin Whitney
Eva Galyean
Jim Kehoe (by phone)
Roger St. Amand

I. Call to Order: 4:31 P.M. by Branden Stubbs
Four Planning Board members (including an alternate) are present at today’s meeting, which represents a quorum.

II. Review / Approval of Previous Meetings’ Minutes
August 29, 2017: Chairman Branden Stubbs requests that the minutes make reference to the lengthy discussion by the Board and the audience of rights-of-way of utility poles. Although poles not in the Shoreland Zone are not under the purview of the Planning Board, the Chairman would like for the minutes to reflect that the discussion took place and that the issue was subsequently resolved. Consensus of the Board is to agree with the Chairman’s changes.

Bill Dowling asks if conditions made by the Planning Board for approval of the application reviewed at the August 29, 2017 meeting were met. Dennis Dever explains that the conditions were met and signed off on.

Branden Stubbs moves to accept the meeting minutes as amended. Sally Rowan seconds the motion. Motion approved 4-0.

III. Review Application
Carolyn & Chase Toogood
Tax Map 16, Lot 12
Wallace Winifred Smart Trust
Great Cranberry Island
General Development District
Demolish existing buildings and construct a single family residence, commercial arts studio, and a seasonal kids art camp.

An application was filed on November 9, 2017 and determined to be complete by the CEO on November 16, 2017.

Roger St. Amand, representative for the applicant, reads a letter from the applicant to the Board describing the project and the applicants’ intentions. General discussion of the property’s past usage and the current applicability of a non-transferrable, conditional variance issued by the Town’s Board of Appeals to the current owner in 1982. Chairman Stubbs explains that the Shoreland Zoning Ordinance enacted at the 2017 Annual Town Meeting was to have prohibited residential usage of General Development districts. However, the applicable changes to the Table of Uses (Section 14) were not made due to a typographical error. The Town has corrected this error and the amended Shoreland Zoning Land Use Ordinance will be voted on at the 2018 Annual Town Meeting.

The consensus of the Board is to request a legal opinion on three issues: (1) whether the Board currently has any grounds on which to not approve the application based upon the proposed residential construction, (2) whether the Town would have any enforceable recourse should the applicant’s business cease and the location become exclusively residential, and (3) does the revocation of the 1982 variance upon the sale of the property to the applicant have any real effect on the applicant’s ability to maintain or build a residence without a business under the current Ordinance. Consensus of the Board is to have the CEO submit these questions to the town attorney for review and continue review of the application on December 7. No Action Taken.

IV. Other Business
Dennis Dever advises that Section 15.B.(2) of the proposed Shoreland Zoning Ordinance allows for structures higher than 35 feet to be constructed in the General Development and Commercial Fisheries/Marine Activities Districts. This issue was raised at public hearings in 2017, but has not been added to the proposed ordinance. Consensus of the Board is that a change should be made to make the maximum structure height uniform across all districts. No action taken.

V. Adjournment
Branden Stubbs moves to adjourn the meeting. Sally Rowan seconds the motion. Motion approved 4-0.
Meeting adjourned at 5:57pm