Planning Board Minutes December 7, 2017

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Planning Board Meeting Minutes
December 7, 2017
Great Cranberry Island Community Center

Attendance:

William Dowling, Acting Chair
Sally Rowan, Planning Board
Mark Alley, Planning Board Alternate
Dennis Dever, LPI & CEO
Ben Sumner, Deputy Clerk
Roger St. Amand
Phil Whitney
Karin Whitney

I. Call to Order: 4:35 P.M. by William Dowling
Three Planning Board members are present at today’s meeting, which represents a quorum.

II. Review / Approval of Previous Meetings’ Minutes
November 28, 2017: Sally Rowan moves to accept the meeting minutes as written. Mark Alley seconds the motion. Motion approved 3-0.

IV. Other Business (taken out of order)
General discussion continues from November 28, 2017 meeting about proposed changes to Section 15.B.(2) of the Shoreland Zoning Ordinance. A public hearing will be scheduled for comment on any proposed change. William Dowling moves to add the General Development District and the Commercial Fisheries/Marine Activities District to Section 15.B.(2) of the Shoreland Zoning Ordinance in order to make structure height limitations uniform across all districts. Mark Alley seconds the motion. Motion approved 3-0.

III. Review Application (continued)
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.

Dennis Dever reviews the legal counsel opinions to the questions posed by the Planning Board at the November 28, 2017 meeting. The Town Attorney concluded that the Planning Board could not deny the application without cause because the current Shoreland Zoning Ordinance allows the Applicant’s proposed use to be permitted. Secondly, the Town does not have an enforceable recourse if the property should revert to exclusive residential use because the current ordinance allows residential use in the General Development District. Finally, the 1982 variance is no longer applicable because the current ordinance allows the usage that the variance was written to permit. The Town Attorney did advise that the Applicant could agree to voluntarily accept conditions upon approval and those conditions would be legally binding.

Land Use Ordinance for the Shorelands, Section 15: Land Use Standards
A. Minimum Lot Standard
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
B. Principal & Accessory Structures
William Dowling moves that the project meets the standard per Section 12.C.(3). Sally Rowan seconds the motion. Motion approved 3-0.
C. Piers, Docks, Wharves, Bridges and Other Structures and Uses Extending Over or Below the Normal High-Water Line of a Water Body or Within a Wetland
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
D. Campgrounds
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
E. Individual Private Campsites
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
F. Commercial & Industrial Uses
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
G. Parking Areas
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
H. Roads & Driveways
General discussion of current property access. Roger St. Amand advises that for construction purposes the property is accessible from the water. William Dowling moves that the project conditionally meets the standard (Condition #7 below). Sally Rowan seconds the motion. Motion approved 3-0.
I. Signs
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
J. Storm Water Runoff
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
K. Septic Waste Disposal
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
L. Essential Services
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
M. Mineral Exploration & Extraction
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
N. Agriculture
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
O. Timber Harvesting
N/A
P. Clearing or Removal of Vegetation for Activities Other than Timber Harvesting
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
Q. Hazard Trees, Storm-Damaged Trees, and Dead Tree Removal
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
R. Exemptions to Clearing and Vegetation Removal Requirements
William Dowling moves that the standard is not applicable to the application. Sally Rowan seconds the motion. Motion approved 3-0.
S. Revegetation Requirements
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
T. Erosion & Sedimentation Control
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
U. Soils
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
V. Water Quality
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
W. Archaeological Site
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.

Land Use and Shoreland Zoning Ordinance, Section 16-D, Procedure for Administering Permits
1. Will maintain safe and healthful conditions
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
2. Will not result in water pollution, erosion, or sedimentation to surface waters
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
3. Will adequately provide for the disposal of all wastewater
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
5. Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
6. Will protect archaeological and historic resources as designated in the comprehensive plan
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
7. Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities district
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
8. Will avoid problems associated with floodplain development and use
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.
9. Is in conformance with the provisions of Section 15, Land Use Standards
William Dowling moves that the project meets the standard. Sally Rowan seconds the motion. Motion approved 3-0.

William Dowling moves to approve the application with the following conditions voluntarily accepted by the Applicant:
(1) This approval is based upon the specific application materials submitted by the Applicant for a principal use single family residence and accessory use home occupation business for the property. Any future change of use will require approval of the Planning Board consistent with any then applicable LUZO provisions, other Town ordinances and regulations, and State and Federal laws and regulations.
(2) Prior to commencement of construction, the Applicant must obtain an approved replacement complete subsurface wastewater disposal system design for a three-bedroom house, and nine students in a half day summer camp with no meals and no lodging. This approval must be filed with the Town Office directed to the attention of the Code Enforcement Officer prior to commencement of construction. This condition is granted due to time constraints in modifying the HHE200 Subsurface Wastewater Disposal System Application included as part of the Application and associated HHE204 Subsurface Wastewater Disposal System Variance Request requiring State level approval.
(3) Prior to commencement of construction, the Applicant must obtain all necessary State and/or Federal permits or similar governmental approvals as applicable. The Applicant shall file copies of these State and/or Federal permits or similar governmental approvals with the Town Office to the attention of the Code Enforcement Officer prior to commencement of construction. If no State or Federal permits or similar governmental approvals are needed, then the Applicant shall file a written statement with this representation at the Town Office to the attention of the Code Enforcement Officer prior to commencement of construction.
(4) This approval shall expire one year from the date of issuance if a substantial start is not made in construction or in the use of property during this period. If a substantial start is made within one year of the issuance of the permit, the Applicant shall have one additional year to complete the project, at which time the permit shall expire if the project is not completed.
(5) Construction of the project approved by Planning Board shall be performed in compliance with all applicable LUZO provisions and any other Town ordinances and regulations.
(6) The Applicant shall be responsible for obtaining any other Town, State, or Federal approvals that may be necessary to start, complete, and operate/occupy the project as approved by the Planning Board.
(7) The Code Enforcement Officer shall approve any access to the site from the water.
Sally Rowan seconds the motion. Motion approved 2-1.

Planning Board members William Dowling and Sally Rowan sign the conditional approval letter on behalf of the Planning Board. Roger St. Amand signs, as agent, on behalf of the Applicant.

V. Adjournment
Sally Rowan moves to adjourn the meeting. William Dowling seconds the motion. Motion approved 3-0.
Meeting adjourned at 6:04pm