Planning Board Meeting Minutes March 03, 2009

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Planning Board Meeting Minutes
March 03, 2009
Islesford Neighborhood House

Draft until approved by the Planning Board

Attendance:
Steve Philbrook, Chairman, Planning Board & Comprehensive Plan Committee
Sally Rowan, Planning Board
Bill Dowling, Planning Board
Mike Westphal, Planning Board
Samuel Hyler, Planning Board
Tom Martin, Hancock County Planning Commission
Lise Pratt, Comprehensive Plan Committee
Malcolm Donald, Comprehensive Plan Committee
Barbara Stainton, Comprehensive Plan Committee
Bruce Komusin, Comprehensive Plan Committee
Nan Hadlock, Deputy Clerk
Eric Dyer, Facilities Supervisor
Eliza Greenman, Island Institute
Barbara Meyers
Eve Harrison
Harvey Bunker
I. Call to Order: 8:30 A.M. by Chairman Steve Philbrook
At this point in the meeting, three Planning Board Members are present, which represents a quorum.
Steve Philbrook, Bill Dowling, Mike Westphal
II. Review / Approval Previous Meeting Minutes
A. April 30, 2008
Mike Westphal moves to accept the Planning Board Meeting Minutes as written for April 30, 2008. Bill Dowling seconds the motion. (3-0) Motion passes.
B. June 17, 2008
Bill Dowling moves to accept the Planning Board Meeting Minutes as written for June 17, 2008. Mike Westphal seconds the motion. (3-0) Motion passes.
(Enter Planning Board Member Sally Rowan.)
C. July 02, 2008
Typographical correction, Page 3, Section IX, Area, Setback, and Coverage Minimums, Subsection E, Water Dependent Commercial / Residential District, Subsection 2, next to the last sentence: Mike Westphal moves that the proposed plans do not meet the requirements for maximum area of lot covered.
Bill Dowling moves to accept the Planning Board Minutes with the above Typographical correction for July 02, 2008. Mike Westphal seconds the motion.
(4-0) Motion passes.
III. Review Application
Marvin Ott, Tax Map 14, Lot 34
Great Cranberry Island
Permit After the Fact

Planning Board Member Mike Westphal recuses himself from voting on this application as the caretaker for the Mott Property.
A letter was received on October 02, 2008 from Marvin Ott. The letter states that: “…my wife and I, on an emergency basis, had to install a riprap along the shore of our property to arrest very serious erosion. In order to make this work fully conform to town and state requirements we are seeking an after-the-fact permit by rule for this site work.” A sketch and before and after photographs of the
site are included with the letter, as well as a letter dated August 07, 2008 to John Cullen, D.E.P., a blank notification of intention to build form signed by Mr. Mott, and a copy of the plumbing permit issued on August 26, 1989. The applicant was advised by the Code Enforcement Officer to apply for an after the fact permit.
Section XI, Land Use Standards
A. Agriculture
Bill Dowling moves that this standard is not applicable to the application. Sally Rowan seconds the motion.
(3-0) Motion passes.
B. Beach Construction
Bill Dowling moves that this standard is not applicable to the application. Sally Rowan seconds the motion.
(3-0) Motion passes.
C. Campgrounds and Individual Campsites
Bill Dowling moves that this standard is not applicable to the application. Sally Rowan seconds the motion. (3-0) Motion passes.
D. Clearing of Vegetation
According to a letter from Mr. Mott to John Cullen, D.E.P., dated on August 07, 2008, “This was an area ‘where erosion exists and vegetation is not present.” (Photos enclosed).
Bill Dowling moves that the application meets the standard for clearing of vegetation. Sally Rowan seconds the motion. (3-0) Motion passes.
E. Erosion and Sedimentation Control
An erosion and sedimentation control plan is not included with the application.
Steve Philbrook moves that the standard for erosion and sedimentation control will be conditionally approved with the submission of a letter of assurance explaining the erosion and sedimentation control plan that was in place for this application, in order to meet the requirements of section 4 of this standard. Sally Rowan seconds the motion. (3-0) Motion passes.
(Enter Planning Board Member, Samuel Hyler)
F. Mineral Exploration and Extraction
Steve Philbrook moves that the standard for mineral and exploration and extraction does not apply to the application. Bill Dowling seconds the motion.
(3-0) Motion passes.
G. Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges over 20 feet in length, and Uses Projecting into Water Bodies
Steve Philbrook moves that this standard is not applicable to the application. Bill Dowling seconds the motion.
(3-0) Motion passes.
H. Road Construction
Steve Philbrook moves that the standard for road construction is not applicable to the application. Bill Dowling seconds the motion. (3-0) Motion passes.
I. Signs
Steve Philbrook moves that the standard for signs is not applicable to the application. Bill Dowling seconds the motion. (3-0) Motion passes.
J. Storm Water Runoff
Steve Philbrook moves that the application meets the land use standard for storm water runoff on the condition that we are given assurance that storm water runoff is being controlled and that this be a confirmed visit by the CEO or a previous visit by a DEP authority after the completion of the work. Bill Dowling seconds the motion.
(3-0) Motion passes.
K. Septic Waste Disposal
Steve Philbrook moves that the standard for Septic Waste Disposal is not applicable to the application. Bill Dowling seconds the motion. (3-0) Motion passes.
L. Essential Services
Steve Philbrook moves that the standard for essential services does not applicable to the application. Bill Dowling seconds the motion. (3-0) Motion passes.
M. Timber Harvesting
Steve Philbrook moves that the standard for essential services is not applicable to the application. Bill Dowling seconds the motion. (3-0) Motion passes.
N. Soils
According to a letter from Mr. Mott to John Cullen, D.E.P., dated on August 07, 2008, “The resulting job (done at the coldest point in the winter at the end of February and beginning of March)…” and “No fill material other than stone was placed below the high waterline” and “All material was stockpiled away from the shore”, and “vegetation was left remarkably undisturbed”
Steve moves that the application meets the requirements for soils. Bill Dowling seconds the motion. (3-0) Motion passes.
O. Water Quality
Steve Philbrook moves water quality is not applicable to the application. Sally Rowan seconds the motion.
(3-0) Motion passes.
P. Archeological Sites
No review or comment from the Maine Historic Preservation Commission is included with the application. No information is available with the application for this standard.
Steve Philbrook moves that the application does not meet the requirements for on condition of filling requirements of Section P, Land Use Standards. Bill Dowling seconds the motion. (3-0) Motion passes.

Section XII. Administration, subsection D, Performance Standards
1. Will maintain safe and healthful conditions
Steve Philbrook moves that the application will maintain safe and healthful conditions. Bill Dowling seconds the motion. (3-0) Motion passes.
2. Will not result in erosion or sedimentation
Steve Philbrook moves that the Board cannot vote in the affirmative for this standard as no erosion and sedimentation plan is included with the application. Bill Dowling seconds the motion. (3-0) Motion passes.
3. Will not result in water pollution
Steve Philbrook moves that the application will not result in water pollution. seconds the motion. (3-0) Motion passes.
4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat
According to Significant Wildlife Habitat Maps for the Town of Cranberry Isles, the property exists in a tidal waterfowl and wading bird habitat and a shorebird roosting area. No D.E.P. permit is included with the application.
Bill Dowling moves that the application does not meet performance standard #4. Steve Philbrook seconds the motion. (3-0) Motion passes.
5. Will conserve shoreland vegetation
Bill Dowling moves that the application does not meet the requirements for shoreland vegetation due to the lack of a soil and erosion plan and the lack of a storm water runoff plan. Steve Philbrook seconds the motion.
(3-0) Motion passes.
6. Will conserve visual points of access to waters as viewed from public facilities
Steve Philbrook moves that the application does conserve visual points of access to waters as viewed from public facilities. Bill Dowling seconds the motion.
(3-0) Motion passes.
7. Will conserve actual points of public access to waters
Steve Philbrook moves that the application does conserve actual points of public access to waters. Bill Dowling seconds the motion. (2-1) Motion passes.
8. Will protect archaeological and historic resources as designated in the comprehensive plan
Bill Dowling moves that the application does not meet the standard for archaeological and historic resources as designated in the comprehensive plan. Steve Philbrook seconds the motion. (3-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Steve moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
10. Will avoid problems associated with flood plain development and use
Bill Dowling moves that the application meets the standard. Steve Philbrook seconds the motion. (3-0) Motion passes.
11. Is in conformance with the provisions of Section XI, Land Use Standards
Steve Philbrook moves that the application does not conform to the Land Use Standards. Bill Dowling seconds the motion. (3-0) Motion passes.

Steve Philbrook moves to deny the after the fact permit for Marvin Ott, for shoreland stabilization based on lack of information:
1. land use standard for Section E, paragraph 4, Erosion and sedimentation control.
2. land use standard for Section J, storm water runoff
3. land use standard for Section P, Archeological Sites
4. and the condition of obtaining all other applicable permits.
Bill Dowling seconds the motion. (3-0) Motion passes.

IV. Land Use Planning-Comprehensive Plan
9:55 A. M. A public, open and informal meeting with discussion of the proposed land use plans for an updated Comprehensive Plan for the Town of Cranberry Isles at this time.
V. New Business
No new business at this time.
VI. Adjournment: 1:30 p.m.

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