Planning Board Meeting July 02, 2008

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Planning Board Meeting
July 02, 2008
Great Cranberry Island Firehouse

Draft: subject to approval of the Planning Board

Attendance:
Steve Philbrook, Planning Board Chairman
Sally Rowan, Planning Board
Bill Dowling, Planning Board
Mike Westphal, Planning Board
Sam Hyler, Planning Board
Nanette Hadlock, Deputy Clerk
Eve Harrison
Curtis Thormann
Tom Watson
Leslie Watson
Jennifer Westphal
I. Call to Order: 6:05 P.M. by Chairman Steve Philbrook.
II. Review / Approval April 30, 2008 Minutes
Steve Philbrook moves to defer approval of April 30, 2008 Planning Board Meeting Minutes until the next meeting. Bill Dowling seconds the motion. (5-0) Motion passes.
III. Review / Approval June 17, 2008 Minutes
Steve Philbrook moves to defer approval of April 30, 2008 Planning Board Meeting Minutes until the next meeting. Bill Dowling seconds the motion. (5-0) Motion passes.
IV. Review Application:
Eve Harrison
Tax Map 10, Lot 25
Tax Map 10, Lot 26
Great Cranberry Island
Water Dependent Commercial / Residential District
Single Family Residence

At the July 24, 2007 Planning Board Meeting, a decision on Ms. Harrison’s application was tabled by the Planning Board to seek technical and legal advice, and for further discussion for Ms. Harrison and her neighbors.
An Abstract of Purchase and Sale Agreement has been submitted on behalf of the applicant, Eve Harrison, by Patterson Law Office. The purchase and sale agreement is for a portion of land from Tax Map 10, Lot 25, currently owned by Tom and Leslie Watson. The Purchase and Sale agreement is conditional on the buyer receiving any and all permits necessary to allow the buyer to construct a dwelling on the premises, and partially on abutting premises owned by Buyer (Tax Map 10, Lot 26), and any other permits required consistent with this Agreement, the View Easement or other conditions hereunder. Chairman Philbrook has conferred with the Town Attorney and has determined that the purchase and sale agreement provides for sufficient right and title for the application. Ms. Harrison has previously received a private dock and parking facility from the Code Enforcement Officer.
Section IX, E Water Dependent Commercial / Residential District:
1. Minimum frontage on abutting shore: on shore 75 feet
Tax Map 25, Lot 26 is a non-conforming lot of record when the Land Use Ordinance was passed. For the record, the plans submitted show that the requirement is met.
Bill Dowling moves that the proposed project meets the requirements. Sally Rowan seconds the motion. (5-0) Motion passes.
2. Maximum area of lot covered by buildings, including accessory buildings, parking lots and other non-vegetated surfaces: 70% for functionally water dependent uses, 70% for mixed use, 20% residential use.
The residence is shown on the plans that is situated partially in the wetlands. The Planning Board has determined that only the upper part of the lot may be considered for 20% use, including roads, buildings, and non-vegetated surfaces. A question arose about whether the wetlands portion of the lot could be used to calculate maximum area of the lot. An 06/30/2008 letter from the Town Attorney, Matthew Worden states that “to divorce the definition of “lot area” from “area of lot” would create unnecessary instability in interpretation of the Town’s Ordinance. The reasonable reading of Section IX, (E) (5) is to exclude those areas of ‘land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots,’ as required pursuant to the definition of “lot area” provided on page 36 of the Town Ordinance.” The Planning Board has determined that the intent of the ordinance is to protect the freshwater and coastal wetlands. The ordinance is consistent throughout to protect the wetlands.
The proposed residence alone is 2428 feet. There is 11, 084 square feet of upland , which calculates to 21.9% of the upland proposed for the residence. The proposed plan shows the residence going into the wetland portion of the lot. The Water Dependent Commercial / Residential District is the least restrictive district. Section X, Lots of the Land Use Ordinance states that “Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.” A Town Ordinance may be more restrictive than Department of Environmental Protection requires, and the D.E.P. Permit is contingent on State, Federal, or Local approval.
Ms. Harrison states that she is applying for mixed use, however her application states single family residential.
The Land Use Ordinance definition for Functionally Water Dependent Use:
“Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot be reasonable located or operated at an inland site and uses which primarily provide general public access to marine or tidal waters.”
Advice to Planning Board Chair from Christa Collins, MMA Attorney, was that a temporary dock does not qualify for functionally water dependent use, due to the commercial nature of the district. The primary purpose of a residence does not qualify for water dependent use. Ms. Harrison feels that the dock and parking facility combined with storage of boating equipment at the residence do qualify as functionally water dependent under recreational fishing and boating facilities. Ms. Harrison does not agree with the commercial interpretation of the ordinance by the Planning Board. The dock and parking facility will not provide general public access. There will be no business at the property. The dock is not the primary purpose of the application being reviewed. The lot coverage for the residence and other non-vegetated surfaces comes to 36%. Mike Westphal moves that the proposed plans do not meet the requirements for maximum area of lot covered. Sam Hyler seconds the motion. (5-0) Motion passes.
3. Setbacks for buildings (except for functionally water dependent uses)
- from normal high water, 100 feet
- from center line of town roads, 25 feet
- from any other property lines, 25 feet
Bill Dowling moves that this project meets the requirements for setbacks for Buildings. Mike Westphal seconds the motion. (5-0) Motion passes.
4. Minimum distance between principal buildings on the same lot: 15 feet
No other buildings are proposed for this lot.
Bill Dowling moves that this requirement is not applicable. Mike Westphal seconds the motion. (5-0) Motion passes.
5. Height restriction for principal and accessory structures: 2½ stories, no part higher than 40 feet
The application states maximum elevation as 36 feet.
Sam Hyler moves that the application meets the requirements for height restriction. Sally Rowan seconds the motion.
(5-0) Motion passes.
6. Parking setbacks for functionally water dependent uses, 25 feet from normal high water
Ms. Harrison states that the dock permit was granted by the C.E.O. for functionally water dependent use.
Not applicable.
7. Minimum frontage for residential uses shall be 200 feet on the abutting shore
Not applicable, non-conforming lot of record.
8. Minimum lot size for residential uses shall be one acre
Not applicable, non-conforming lot of record.
Section XI, Land Use Standards
A. Agriculture
Sam Hyler moves that this standard is not applicable to the application. Bill Dowling seconds the motion.
(5-0) Motion passes.
B. Beach Construction
Sam Hyler moves that this standard is not applicable to the application. Bill Dowling seconds the motion.
(5-0) Motion passes.
C. Campgrounds and Individual Campsites
Sam Hyler moves that this standard is not applicable to the application. Bill Dowling seconds the motion.
(5-0) Motion passes.
D. Clearing of Vegetation
There will be minimal tree removal for construction according to the applicant, and the trees will be replaced with small shrubs.
Bill Dowling moves that the application meets the requirements for clearing of vegetation. Mike Westphal seconds the motion. (5-0) Motion passes.
E. Erosion and Sedimentation Control
Ms. Harrison presents the Planning Board with a proposed erosion and sedimentation control plan.
Steve Philbrook moves that the application meets the requirements for erosion and sedimentation control. Sam Hyler seconds the motion. (5-0) Motion passes.
F. Mineral Exploration and Extraction
Mike Westphal moves that the this standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
G. Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges over 20 feet in length, and Uses Projecting into Water Bodies
Mike Westphal moves that the this standard is not applicable to the application. Bill Dowling seconds the motion.
(5-0) Motion passes.
H. Road Construction
Mike Westphal moves that the this standard is not applicable to the application. Bill Dowling seconds the motion.
(5-0) Motion passes.
I. Signs
Mike Westphal moves that the this standard is not applicable to the application. Bill Dowling seconds the motion.
(5-0) Motion passes.
J. Storm Water Runoff
The applicant states that she intends to use gutters, footing drains, and a crushed stone area.
A more complete storm water plan is requested due to the land sensitive nature of the lot, the question of where the water will drain, and the considerable size of the roof.
Bill Dowling moves to ask the applicant for a more complete storm water runoff plan before approval of this requirement by the Planning Board. Sally Rowan seconds the motion.
(5-0) Motion passes.
K. Septic Waste Disposal
Septic is already approved by the Plumbing Inspector and installed.
Bill Dowling moves that the application meets the requirements for septic waste disposal. Sam Hyler seconds the motion. (5-0) Motion passes.
L. Essential Services
Bill Dowling moves that this requirements is not applicable to the application. Sally Rowan seconds the motion.
(5-0) Motion passes.
M. Timber Harvesting
Bill Dowling moves that this requirements is not applicable to the application. Sally Rowan seconds the motion.
(5-0) Motion passes.
N. Soils
The proposed residence is situated partially in the wetlands.
Bill Dowling moves that the application does not meet the requirements for soils. Mike Westphal seconds the motion.
(5-0) Motion passes.
O. Water Quality
Bill Dowling moves that the application meets the requirements for water quality. Mike Westphal seconds the motion. (5-0) Motion passes.
P. Archeological Sites
Bill Dowling moves that the application meets the requirements for archeological sites. Steve Philbrook seconds the motion. (5-0) Motion passes.
Section XII., D. Performance Standards
1. Will maintain safe and healthful conditions
Bill Dowling moves that the application meets the requirements. Mike Westphal seconds the motion.
(5-0) Motion passes.
2. Will not result in erosion or sedimentation
Sally Rowan moves that the application meets the requirements. Mike Westphal seconds the motion.
(5-0) Motion passes.
3. Will not result in water pollution
Steve Philbrook moves that the application meets the requirements. Sam Hyler seconds the motion.
(5-0) Motion passes.
4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat
Bill Dowling moves that the application meets the requirements. Sam Hyler seconds the motion.
(5-0) Motion passes.
5. Will conserve shoreland vegetation
Mike Westphal moves that the application meets the requirements. Sally Rowan seconds the motion.
(4-1) Motion passes.
6. Will conserve visual points of access to waters as viewed from public facilities
Sam Hyler moves that the application meets the requirements. Bill Dowling seconds the motion. (5-0) Motion passes.
7. Will conserve actual points of public access to waters
Bill Dowling moves that the application meets the requirements. Mike Westphal seconds the motion.
(5-0) Motion passes.
8. Will protect archeological and historic resources as designated in the comprehensive plan
Bill Dowling moves that the application meets the requirements. Mike Westphal seconds the motion.
(5-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Mike Westphal moves that the application meets the requirements. Sally Rowan seconds the motion.
(5-0) Motion passes.
10. Will avoid problems associated with flood plain development and use
Mike Westphal moves that the application meets the requirements. Bill Dowling seconds the motion.
(5-0) Motion passes.
11. Is in conformance with the provisions of Section XI, Land Use Standards
Bill Dowling moves that the application meets the requirements. Sam Hyler seconds the motion.
(5-0) Motion passes.

Bill Dowling moves to deny the application for a residence on Tax Map 10, Lots 25 and 26 for the following: Section IX, E, paragraph 2, exceeds maximum lot coverage as defined as 20% for residential use in the upland portion of the lot;
Section XI, J, a more complete storm water runoff plan is requested by the Planning Board; Section XI, N Soils, as the proposed residence will be partially situated in the wetlands. Mike Westphal seconds the motion.
(5-0) Motion passes.
V. Old Business
None at this time.
VI. New Business
None at this time.
VII. Adjournment: 8:04 P.M.
Bill Dowling moves to adjourn the meeting. Mike Westphal seconds the motion. (5-0) Motion passes.

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