Planning Board Meeting Minutes April 30, 2008

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Draft: Subject to Approval by Planning Board
Planning Board Meeting Minutes
April 30, 2008
Great Cranberry Island Firehouse
Attendance:

Steve Philbrook, Chairman, Planning Board
William Dowling, Planning Board
Sally Rowan, Planning Board
Michael Westphal, Planning Board
Samuel Hyler, Planning Board
Nanette Hadlock, Deputy Clerk
Richard Beal, Selectman
Alyson Mayo, Island Institute
Jeffery Berzinis, Southwest Boat
Barbara Stainton
Ed Gray
Jennifer Westphal
I. Call to Order: 6:00 P.M. by Chairman Steve Philbrook.
II. Review / Approval:
• September 25, 2007 Meeting Minutes
Bill Dowling moves to accept the minutes as written for September 25, 2007. Sally Rowan seconds the motion. (5-0) Motion passes.
• October 30, 2007
Sally Rowan moves to accept the minutes as written for October 30, 2007. Mike Westphal seconds the motion. (5-0) Motion passes.
III. Review Application:
Southwest Boat Marine Services
Jeff Berzinis
Agent: Leblanc Associates, Inc.
Tax Map 17, Lot 01, Business District
Great Cranberry Island
New Pier and, Repair, Maintain, and Add to Existing Rip Rap

Jeff Berzinis is here at today’s meeting representing Southwest Boat Marine Services. The proposed year-round pier is approximately the same height and length of the two neighboring piers. Construction of an eight foot by one hundred fifty-eight foot intertidal pier with a twelve foot by twelve foot section at the seaward end, with a three and a half foot by forty foot aluminum ramp and ten foot by forty foot float extending approximately eighty-seven feet beyond the mean low-water mark on submerged lands. The structure would be for commercial use. A set of stairs is intended for the east side of the pier. Piles will be on the outside of the pier for use as fender piles, (twenty-six pilings of twelve inch diameter). The intended use is for the company barge to dock there to unload materials. Permit applications from the Department of Environmental Protection, The Army Corp of Engineers, and the Bureau of Parks and Lands are part of the application being reviewed today. Any comments to the Bureau of Parks and Lands must be received by May 28, 2008.
The applicant also proposes to improve, repair, and/or construct rip rap protection, approximately thirteen feet +/- above MHW, to a point approximately twenty-two feet +/- in front of the main service building. This rip rap protection system will start at the left side of the property, looking out, at the pile of stones and boulders seen in the photo set, and continue to the existing concrete boat ramp. It will then continue from the other side of the boat ramp to the base of the proposed pier. It will again continue from the right side of the pier, looking out, to a point near the right property line where it will turn in and continue for twenty feet +/- inward, all as seen on Exhibit 2. The estimated, total rip rap footprint will be ten feet wide by one hundred feet cumulative length, the average height will be four feet +/- or less. According to Section VIII of the TCI Land Use Ordinance for the Shorelands, permanent docks and other structures need approval of the Planning Board. According to Article 3.2.2(C) of the TCI Harbor Management Ordinance, it is the duty and responsibility of the Harbor Committee to make recommendations on the construction of piers, wharves, breakwaters, marine railways, or bulkheads within the harbor waters of the Town. The Southwest Boat Marine Services application is intended for a functionally water dependent use and meets requirements for lot size as stated in Section IX (D) of the TCI Land Use Ordinance for the Business District.
Section XI, Land Use Standards, TCI Land Use Ordinance for the Shorelands
A. Agriculture

Steve Philbrook moves that this standard is not applicable. Bill Dowling seconds the motion. (5-0) Motion passes.
B. Beach Construction

Sally Rowan moves that this standard is not applicable. Mike Westphal seconds the motion. (5-0) Motion passes.
C. Campgrounds and Individual Campsites

Bill Dowling moves that this standard is not applicable. Sally Rowan seconds the motion. (5-0) Motion passes.
D. Clearing of Vegetation

Bill Dowling moves that this standard is not applicable. Mike Westphal seconds the motion. (5-0) Motion passes.
E. Erosion and Sedimentation Control

A drainage ditch is in place, lined with filter fabric, crushed rock, six in pipe, with a backwater valve. Four inch minus gravel is on top. The rip rap will be done after the pier construction. Bill Dowling moves that the project meets requirements for this standard. Mike Westphal seconds the motion. (5-0) Motion passes.
F. Mineral Exploration and Extraction

Mike Westphal moves that this standard is not applicable. 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

The proposed pier will be starting twenty-two feet from the building. The Chairman asks Mr. Berzinis if any moorings are to be displaced for this project. Mr. Berzinis states that he does not think any moorings will have to be moved and that the closest mooring to the proposed dock belongs to Southwest Boat Marine Services. Mike Westphal moves that the project meets requirements for this standard. Sally Rowan seconds the motion. (5-0) Motion passes.
H. Road Construction

Bill Dowling moves that this standard is not applicable. Sam Hyler seconds the motion. (5-0) Motion passes.
I. Signs

Sally Rowan moves that this standard is not applicable. Bill Dowling seconds the motion. (5-0) Motion passes.
J. Storm Water Runoff

Bill Dowling moves that the project meets requirements for this standard. Mike Westphal seconds the motion. (5-0) Motion passes.
K. Septic Waste Disposal

Bill Dowling moves that this standard is not applicable. Sally Rowan seconds the motion. (5-0) Motion passes.
L. Essential Services

Mike Westphal moves that this standard is not applicable. Bill Dowling seconds the motion. (5-0) Motion passes.
M. Timber Harvesting

Sally Rowan moves that this standard is not applicable. Bill Dowling seconds the motion. (5-0) Motion passes.
N. Soils

Steve Philbrook moves that this standard is not applicable. Bill Dowling seconds the motion. (5-0) Motion passes.
O. Water Quality

Work on this project is to take place from the water. Bill Dowling moves that the project meets the requirements for this standard. Mike Westphal seconds the motion. (5-0) Motion passes.
P. Archaeological Sites

As stated on the US Army Corps of Engineers Permit, the Maine Historic Preservation Commission and Maine’s Indian tribes have been notified regarding the nature of this Application and Applicant’s location on or about 04/10/08. Sally Rowan moves that this standard is not applicable. Bill Dowling seconds the motion. (5-0) Motion passes.
Section XII (D) Performance Standards of the TCI Land Use Ordinance for the Shorelands
1. Will maintain safe and healthful conditions

Meets, (5-0)
2. Will not result in erosion or sedimentation
Meets, (5-0)
3. Will not result in water pollution
Meets, (5-0)
4. Will not have an adverse impact on spawning grounds
Meets, (5-0)
5. Will conserve shoreland vegetation
Meets, (5-0)
6. Will conserve visual points of access to waters as viewed from public Facilities
Meets, (5-0)
7. Will conserve actual points of public access to waters
Meets, (5-0)
8. Will protect archaeological and historic resources as designated in the Comprehensive Plan
Meets, (5-0)
9. Will not adversely affect existing commercial fishing or maritime activities
Meets, (5-0)
10. Will avoid problems associated with flood plain development and use
Meets, (5-0)
11. Is in conformance with the provisions of Section XI, Land Use Standards
Meets, (5-0)
Mr. Berzinis is asked if there are any lighting plans involved with this project. Mr. Berzinis states that there are no lighting plans at this time, but in the future a small light may be placed at the end of the dock, with minimizing lights going up.
The Deputy Clerk will notify the Harbor Committee for review of this project, according to the Harbor Management Ordinance. In the future, the Harbor Committee will be notified of such projects initially with the Planning Board.
Steve Philbrook moves to approve the application for Southwest Boat Marine Services for a new pier and rip rap stabilization, contingent on all necessary State and Federal permits being obtained for this work, as well as approval by the
Harbor Committee. Bill Dowling seconds the motion. (5-0) Motion passes.
IV. Review Application:
Farmhouse Realty Trust
David Nussdorfer
Agent: Leblanc Associates, Inc.
Tax Map 30, Lot 17, Low Density Residential District
Sutton Island
Shoreland Stabilization and, construct 10’w X 24’l ground level accessway for vehicles

Jeff Berzinis, contractor for the project is here to represent Farmhouse Realty Trust. The purpose of this project is two-fold:
• To stabilize the high energy, cobble beach in a manner which will mitigate erosion of the beach and immediate adjacent upland embankment, and
• To integrate a low-profile, safe and practical, vehicle accessway into the shoreline stabilization work, to provide service and emergency access to the Applicant, and its immediate neighbors, as well as for emergency vehicles (FIRE, EMP, police, etc.) for access to any point on Sutton Island, which access does not currently exist.
Proposal:
A rip rap system will be installed, over the Applicant’s 27’ x 90’ cobble beach, following the guidelines of both the DEP and Corps of Engineers, regarding such shoreline stabilization work. The system will include the following features:
• Minimum slope of 1:3 (1’vertical rise for every 3’ horizontal)
• Maximum slope of 1”2 (1’verical rise for every 2’ horizontal)
• The minimum and maximum slope may vary over the length of the cobble beach
• An anchor “rock” at the base, pinned to ledge and consisting of either 2’ to 3’ diameter irregular rocks or granite blocks
• Irregular rocks of gradually decreasing diameter from the anchor rock to the upland embankment (note: over the 10’width, where the vehicular accessway will be located, the top layer will consist of granite slabs, 1.5’ to 2’ +/- wide x 10’ long, pinned to ledge, to permit vehicle traction)
• Geotextile fabric employed, will be employed to pass water but retain soil, at the upland embankment interface and any other place during the work where soil exposure is encountered
• Soil erosion control barriers will be in place when working with exposed soils (staked plastic or straw bales, sealed with mulch at the bottom
In addition, a vehicular accessway will be integrated into a 10’ x 27’ strip of the rip rap work described above, which will provide suitable traction for wheeled service and/or emergency vehicles, to access the island. In addition, this 10’ wide accessway will continue across the upland for a maximum of 24’, immediately abutting the rip rap work, as a reasonable sufficient distance for all wheels of a vehicle to gain purchase on the upland proper.
The 10 x 24’ upland section of the accessway will use standard MDOT-rated, 2’W x 10’L x 6’D, pre-cast concrete planks, set 2” +/- apart, with ¾ +/- stone fill in between. The planks are in common use throughout Maine in boat ramp applications and similar uses around water.
The contractor plans to cut sod back approximately 4” and set the pre-cast concrete planks in place. All waste sod will be removed from the work area and used elsewhere on the property for maintenance of the grounds.
Erosion controls will be installed before work commences as described above. No trees will be removed to accomplish the work.
Permit applications for the DEP Bureau of Land and Water Quality, the Maine Historic Preservation Commission, Natural Resources Protection Act Permit, and a US Army Corp of Engineers Permit are all part of the application being reviewed. The Chairman of the Planning Board has deemed the application to be complete for review.
Section IX, Land Use Standards, TCI Land Use Ordinance for the Shorelands
A. Agriculture

Bill Dowling moves that this standard is not applicable. Sally Rowan seconds the motion. (5-0) Motion passes.
B. Beach Construction

Bill Dowling moves that this standard is not applicable. Sally Rowan seconds the motion. (5-0) Motion passes.
C. Campgrounds and Individual Campsites

Bill Dowling moves that this standard is not applicable. Sam Hyler seconds the motion. (5-0) Motion passes.
D. Clearing of Vegetation

Bill Dowling moves that the project meets the requirements. Sam Hyler seconds the motion. (5-0) Motion passes.
E. Erosion and Sedimentation Control

Bill Dowling moves that the project meets requirements. Mike Westphal seconds the motion. (5-0) Motion passes.
F. Mineral Exploration and Extraction

Bill Dowling moves that this standard is not applicable. Mike Westphal 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

Bill Dowling moves that this standard is not applicable. Sam Hyler seconds the motion. (5-0) Motion passes.
H. Road Construction

Bill Dowling moves that this standard is not applicable. Sally Rowan seconds the motion. (5-0) Motion passes.
I. Signs

Mike Westphal moves that this standard is not applicable. Bill Dowling seconds the motion. (5-0) Motion passes.
J. Storm Water Runoff

Bill Dowling moves that the project meets the requirements. Mike Westphal seconds the motion. (5-0) Motion passes.
K. Septic Waste Disposal

Bill Dowling moves that this standard is not applicable. Sam Hyler seconds the motion. (5-0) Motion passes.
L. Essential Services

Bill Dowling moves that this standard is not applicable. Mike Westphal seconds the motion. (5-0) Motion passes.
M. Timber Harvesting

Bill Dowling moves that this standard is not applicable. Mike Westphal seconds the motion. (5-0) Motion passes.
N. Soils

Bill Dowling moves that the project meets the requirements. Mike Westphal seconds the motion. (5-0) Motion passes.
O. Water Quality

Bill Dowling moves that the project meets the requirements. Sally Rowan seconds the motion. (5-0) Motion passes.
P. Archaeological Sites

Steve Philbrook moves that the project meets the requirements. Mike Westphal seconds the motion. (5-0) Motion passes.
Section XII, D, Performance Standards, TCI Land Use Ordinance for the Shorelands
1. Will maintain safe and healthful conditions

Meets, (5-0)
2. Will not result in erosion or sedimentation
Meets, (5-0)
3. Will not result in water pollution
Meets, (5-0)
4. Will not have an adverse impact on spawning grounds
Meets, (5-0)
5. Will conserve shoreland vegetation
Meets, (5-0)
6. Will conserve visual points of access to waters
Meets, (5-0)
7. Will conserve actual points of public access to waters as viewed from public Facilities
Meets, (5-0)
8. Will protect archaeological and historic resources as designated in the Comprehensive plan
Meets, (5-0)
9. Will not adversely affect existing commercial fishing or maritime activities
Meets, (5-0)
10. Will avoid problems associated with flood plain development and use
Meets, (5-0)
11. Is in conformance with the provisions of Section XI, Land Use Standards
Meets, (5-0)
Steve Philbrook moves to approve the application for Farmhouse Realty Trust for a marine accessway and rip rap stabilization, contingent on all necessary State and Federal permits being obtained for this work, as well as approval by the Harbor Committee. Bill Dowling seconds the motion. (5-0) Motion passes.
The Deputy Clerk will notify the Harbor Committee for review of this project,
according to the Harbor Management Ordinance.
V. Other Business
• Selectman Richard Beal reports that there may be unpermitted development in the shorelands going on at this time at Great Cranberry Island. Of particular interest is the Winifred Smart shoreline stabilization project that has already occurred. Chairman Philbrook reminds the Planning Board that bylaws created in 2002, as amended in 2004: Planning Board Members who observe, or who may be advised by others, of potential code violations, will notify the Chairman of the Planning Board. The Chairman will be responsible for contacting the Town Code Enforcement Officer in a timely manner, to request a determination whether further investigation by the CEO necessary. Mr. Philbrook asks Selectman Beal to forward the possible violation to the Code Enforcement Officer on his behalf.
• In reference to the Shoreland Zoning Update, a proposal has been received from the Hancock County Planning Commission, Tom Martin, to help with the update which must be completed by July 01, 2009. The Planning Board requests that the Board of Selectmen accept this proposal, at a cost of $2531.00.
• Section XII, E, of the TCI Land Use Ordinance, Expiration of Permit:
Following the issuance of a permit, if no substantial start is made in construction or in the use of the property within one year of the date of the permit, the permit shall lapse and become void.
VI. Adjournment: 7:58 P.M.
Steve Philbrook moves to adjourn the meeting. Mike Westphal seconds the motion. (5-0) Motion passes.
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