Planning Board Meeting Minutes September 16, 2009

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Planning Board Meeting Minutes
Wednesday, September 16, 2009
Islesford Neighborhood House

Attendance:
Steve Philbrook, Chairman, Planning Board
Bill Dowling, Planning Board
Mike Westphal, Planning Board
Nanette Hadlock, Deputy Clerk
Ted Spurling, Harbor Committee
Bruce Fernald, Harbormaster
Evelyn Boxley, Appeals Board
Sally Rowan, Board of Selectmen
Robert Leary, Applicant
Elaine Huber Neville, Agent
Gary Neville, Agent
Erica Merrill
Eleanor Miller
Richard Dudman
Helen Dudman
Clayton Bright (via teleconference)

I. Call to order: 6:01 P.M.
II. Review / Approval Previous Meeting Minutes
Bill Dowling moves to approve the March 03, 2009 Planning Board Minutes as written. Mike Westphal seconds the motion, with a unanimous vote by Mike Westphal. (3-0) Motion passes.
III. Review Application:
Robert and Nora Leary
Granite Supported Dock (6’ x 60’) with a seasonal ramp (3’ x 40’) and float (16’ x 26’); and install approximately 160 linear feet (170 cy) of riprap for shoreline erosion control.
Tax Map 22, Lot 4
Mixed Residential
Islesford, ME

• The Planning Board will be reviewing the Land Use Standards, Section XI of the Land Use Ordinance for the Shorelands of the Town of Cranberry Isles.
Agent for the Applicant, Gary Neville, gives a brief explanation of the proposed project.
The Planning Board will review the dock part of the project separate from the rip-rap, and first.

Section XI, Land Use Standards (Part 1, Dock)
A. Agriculture
Steve Philbrook moves that the land use standard for Agriculture is not applicable to the application. Bill Dowling seconds the motion. (3-0) Motion passes.
B. Beach Construction
Steve Philbrook moves that the land use standard for Beach Construction is not applicable to the application. Bill Dowling seconds the motion. (3-0) Motion passes.
C. Campgrounds and Individual Campsites
Steve Philbrook moves that the land use standard for Campgrounds and Individual Campsites is not applicable to the application. Bill Dowling seconds the motion. (3-0) Motion passes.
D. Clearing of Vegetation
The application calls for no clearing of vegetation and is confirmed by the agent for the applicant.
Steve Philbrook moves that the land use standard for Clearing of Vegetation is not applicable to the application. Bill Dowling seconds the motion. (3-0) Motion passes.
E. Erosion and Sedimentation Control
Exhibit 7 of the application, Construction plan for the erosion control:
• The work of placing the stone will be done at high tide from the waterside using floating equipment. The crane barge will place materials and excavator ashore for use in installing the rock.

Exhibit 8 of the application, Erosion control plan:
The dock project will not cause any significant soil disturbance. During the building of the reinforced poured concrete header, erosion will be limited by the use of silt fences and hay bales as necessary, following “Best Management Practices”.

Steve Philbrook moves that the application meets the standard for Erosion and Sedimentation Control. Bill Dowling seconds the motion. (3-0) Motion passes.
F. Mineral Exploration and Extraction
Steve Philbrook moves that the land use standard for Mineral Exploration and Extraction does not apply to the application. Mike Westphal 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
Exhibit 2 of the application, Need / Alternative analysis:
The proposed project has been minimized to the fullest extent practicable and still maintains the project goal of providing dependable, safe access to (and from) the water from the applicant’s property in the town of Little Cranberry Isles (Islesford).
Bill Dowling moves that the application meets the standard of Section G. Mike Westphal seconds the motion. (3-0) Motion passes.
H. Road Construction
Steve Philbrook moves that the land use standard for Road Construction does not apply to the application. Mike Westphal seconds the motion. (3-0) Motion passes.
I. Signs
Steve Philbrook moves that the land use standard for Signs does not apply to the application. Mike Westphal seconds the motion. (3-0) Motion passes.
J. Storm Water Runoff
Steve Philbrook moves that the land use standard for Storm Water Runoff does not apply to the application. Mike Westphal seconds the motion. (3-0) Motion passes.
K. Septic Waste Disposal
Steve Philbrook moves that the land use standard for Septic Waste Disposal does not apply to the application. Mike Westphal seconds the motion. (3-0) Motion passes.
L. Essential Services
Steve Philbrook moves that the land use standard for Essential Services does not apply to the application. Mike Westphal seconds the motion. (3-0) Motion passes.
M. Timber Harvesting
Steve Philbrook moves that the land use standard for Timber Harvesting does not apply to the application. Mike Westphal seconds the motion. (3-0)Motion passes.
N. Soils
Steve Philbrook moves that the land use standard for Soils does not apply to the application. Mike Westphal seconds the motion. (3-0) Motion passes.
O. Water Quality
Steve Philbrook moves that the land use standard for Water Quality does not apply to the application. Mike Westphal seconds the motion. (3-0) Motion passes.
P. Archaeological Sites
The application does include replies from the Maine Historic Preservation Commission and the Penobscot Indian Nation.
Mike Westphal moves that the application meets the standard for Archaeological Sites. Bill Dowling seconds the motion. (3-0) Motion passes.

Section XII, Performance Standards (Part 1, Dock)
1. Will maintain safe and healthful conditions
Mike Westphal moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
2. Will not result in erosion or sedimentation
Mike Westphal moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
3. Will not result in water pollution
Steve Philbrook moves that the application meets the standard. Bill Dowling 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
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
5. Will conserve shoreland vegetation
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
6. Will conserve visual points of access to waters as viewed from public facilities
The applicant reports that the location of the dock was staked out today, and then the stakes were removed. The applicant reports that the location is over fifty feet from the nearest mooring.
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
7. Will conserve actual points of public access to waters
The project will take place on private property.
Steve Philbrook moves that the application meets the standard. Mike Westphal seconds the motion. (3-0) Motion passes.
8. Will protect archaeological and historic resources
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Bill Dowling is in favor of a condition being placed on the permit addressing the possible adverse effect on maritime activities considering the amount of discussion about moving moorings and realigning the mooring fields and how this plays in to it. “We don’t seem to know what the effect on the moorings actually is.” It may have an effect on “maritime activities”.
The applicant is very much against imposing a condition.
Steve Philbrook moves that the application meets the standard. Mike Westphal seconds the motion. Bill Dowling is opposed. (3-0) Motion passes.
10. Will avoid problems associated with flood plain development and use
Steve Philbrook moves that the application meets the standard. Bill Dowling 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 meets the standard. Mike Westphal seconds the motion. (3-0) Motion passes.

Section XI, Land Uses Standards (Part 2,Shoreland Stabilization)
The agent for the applicant gives a brief explanation of the proposed project.
A. Agriculture
Steve Philbrook moves that the land use standard for Agriculture is not applicable. Bill Dowling seconds the motion. (3-0) Motion passes.
B. Beach Construction
Steve Philbrook moves that the land use standard for Beach Construction is not applicable. Bill Dowling seconds the motion. (3-0) Motion passes.
C. Campgrounds and Individual Campsites
Steve Philbrook moves that the land use standard for Campgrounds and Individual Campsites is not applicable. Bill Dowling seconds the motion. (3-0) Motion passes.
D. Clearing of Vegetation
Steve Philbrook moves that the land use standard for Clearing of Vegetation is not applicable. Bill Dowling seconds the motion. (3-0) Motion passes.
E. Erosion and Sedimentation Control
Exhibit 7 of the application details the construction plan for the erosion control.
• The work of placing the stone will be done at high tide from the waterside using floating equipment. The crane barge will place materials and excavator ashore for use installing the rock.
• Large stones will be half buried along the base of the embankment above the high tide line approximately 160 feet.
• Geo-textile fabric will be installed over the prepared sub-grade. 1’ to 2’ angular rip-rip will be placed to follow the erosion line. The stone will be similar in color to blend with shoreline.
• The top of the existing embankment will be sloped where practical and re-vegetated with native species.
Steve Philbrook moves that the application meets the standard for Erosion and Sedimentation Control. Mike Westphal seconds the motion. (3-0) Motion passes.
F. Mineral Exploration and Extraction
Steve Philbrook moves that the land use standard not applicable. Mike Westphal 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 the land use standard is not applicable. Mike Westphal seconds the motion. (3-0) Motion passes.
H. Road Construction
Steve Philbrook moves that the land use standard is not applicable. Mike Westphal seconds the motion. (3-0) Motion passes.
I. Signs
Steve Philbrook moves that the land use standard is not applicable. Mike Westphal seconds the motion. (3-0) Motion passes.
J. Storm Water Runoff
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
K. Septic Waste Disposal
Steve Philbrook moves that the standard is not applicable. Bill Dowling seconds the motion. (3-0) Motion passes.
L. Essential Services
Steve Philbrook moves that the standard is not applicable. Bill Dowling seconds the motion. (3-0) Motion passes.
M. Timber Harvesting
Steve Philbrook moves that the standard is not applicable. Bill Dowling seconds the motion. (3-0) Motion passes.
N. Soils
Steve Philbrook moves that the standard is not applicable. Bill Dowling seconds the motion. (3-0) Motion passes.
O. Water Quality
Steve Philbrook moves that the standard is not applicable. Bill Dowling seconds the motion. (3-0) Motion passes.
P. Archaeological Sites
Steve Philbrook moves the application meets the standard for Archaeological Sites. Mike Westphal seconds the motion. (3-0) Motion passes.

Section XII, Performance Standards (Part 2, Shoreland Stabilization)
1. Will maintain safe and healthful conditions
Steve Philbrook moves that the application meets the standard. Mike Westphal seconds the motion. (3-0) Motion passes.
2. Will not result in erosion or sedimentation
Bill Dowling questions the runoff and erosion plans for the end of where the rip-rap will be. The agent explains that the D.E.P. asks that the end of the rip rap be say 20 feet from the property line; so if there’s any of that phenomenon, it’s on the owner’s property. The applicant states that if you’re looking at the property from the water, it does go up to the property line on the left, on the right it comes up to rock and ledge on the property as well.
Steve Philbrook moves that the application meets the standard for erosion and sedimentation. Mike Westphal seconds the motion. Bill Dowling abstains from the vote. (2-0-1) Motion passes.
3. Will not result in water pollution
Steve Philbrook moves that the application meets the standard. Mike Westphal 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
Steve Philbrook moves that the application meets the standard. Mike Westphal seconds the motion. (3-0) Motion passes.
5. Will conserve shoreland vegetation
Steve Philbrook moves that the application meets the standard. Mike Westphal seconds the motion. (3-0) Motion passes.
6. Will conserve visual points of access to waters
Steve Philbrook moves that the application meets the standard. Mike Westphal seconds the motion. (3-0) Motion passes.
7. Will conserve actual points of public access to waters
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
8. Will protect archaeological and historic resources as designated in the Comprehensive plan
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Steve Philbrook moves that this will not adversely affect existing commercial fishing or maritime activities. Mike Westphal seconds the motion. (3-0) Motion passes.
10. Will avoid problems associated with flood plain development and use
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (3-0) Motion passes.
11. Is in conformance with the provisions of Section XI, Land Use Standards
Steve Philbrook moves that this meets the provisions of Section XL. Bill Dowling seconds the motion. (3-0) Motion passes.
The application is approved.
IV. Other Business
The Planning Board will hold a workshop meeting on Wednesday, September 23, 2009, 4:00 P.M. at the Islesford Neighborhood House to discuss proposed changes to the Land Use Ordinance for the Shorelands.
V. Adjournment: 7:10 P.M.
Steve Philbrook moves to adjourn the meeting. Bill Dowling seconds the motion. (3-0) Motion passes.

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