Planning Board Workshop Meeting Minutes January 06, 2010

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Planning Board Workshop Meeting
January 06, 2010
Islesford Neighborhood House

Steve Philbrook, Chairman Planning Board
Bill Dowling, Planning Board
Mike Westphal, Planning Board
Sam Hyler, Planning Board
Katelyn Damon, Planning Board
Tom Martin, Hancock County Planning Commission
Nanette Hadlock, Deputy Clerk
Eliza Greenman, Island Institute

Call to Order: 9:12 AM by Chairman Steve Philbrook.
Future Pending Projects:

Island Woodworking, Jan Moss, Great Cranberry Island
Shoreline Stabilization
Tax Map 16, Lot 11
Applying for permit after the fact.

Fir Lee, LLC, Hartley Rogers, Sutton Island
Tax Map 30, Lot 16
Repair and add shoreline stabilization

Welcome to Katelyn Damon, new Cranberry Isles Planning Board Member who has filled a vacancy created by Sally Rowan, term to expire in 2011. Nan Hadlock will forward Katelyn’s email to Tom Martin at the Hancock County Planning Commission.

The Planning Board is working with proposed updates to the Land Use Ordinance for Shorelands of Cranberry Isles, dated July 31, 2009 and again on September 25, 2009. Tom Martin of the Hancock County Planning Commission is here today at this meeting to discuss some of the state mandated updates to the ordinance and to discuss any other changes that the Planning Board may propose to the ordinance.
References to page numbers / sections for proposed ordinance will refer to the September 25, 2009 draft copy.
• The Planning Board suggests a change to the Table of Land Use Ordinances (page of the current ordinance and page 12 of the proposed updated ordinance) under Piers, Docks, Wharfs, Bridges & other Structures / Uses Extending Over / Below High Water Line / or in a Wetland, temporary docks to be changed to PB (Planning Board) Authority instead of CEO for all districts. Under the current ordinance, temporary docks may be approved by the CEO, and permanent docks must go before the Planning Board for approval.
• (Section XIV of the current ordinance and Section XV of the proposed ordinance) A definition of Maritime Activity is suggested to be added to the ordinance. Tom Martin will research this for a clear definition.
• For the definition of Functionally Water Dependent Uses, the definition is to change to match the definition in the Maine Planning and Land Use Laws, to read as follows:
(Section XIV of current ordinance and Section XV of proposed ordinance) “Functionally water-dependent uses” means those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and that can not be located away from these waters. These uses include commercial and recreational fishing and boating facilities, excluding recreational boat storage buildings, finfish and shellfish processing, fish storage and retail and wholesale marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, retaining walls, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water that cannot reasonably be located or operated at an inland site and uses which that primarily provide general public access to marine or tidal coastal or inland waters.
• (Page 14 of the current ordinance and page 16 of the proposed ordinance) In reference to the Water Dependent Commercial / Residential District lot coverage, an email from Town Attorney Matthew Worden, dated March 02, 2010, regarding lot coverage for mixed use, relates particular concern regarding the “mixed use” 70% lot coverage language in that district. The ordinance currently provides for a maximum “area of lot” coverage of 70% for functionally water dependent uses, 70% for mixed use, and 20% for residential use. The attorney is also in agreement with the Planning Board that the various references to “area of lot” and “land area” should be revised to conform with the term “lot area”, defined on page 36 of the current ordinance. If the preference is to preclude both residential and mixed use, it could be done in conjunction with a revision to the boundaries of the District; however, a change to the District boundaries would complicate the change. Attorney Worthen also suggests that the Town Planning Board consider a change to the District lot area coverage requirements. Another straightforward alternative would be to change the lot area coverage for mixed use to correspond with the 20% coverage for a residential use. The Planning Board decides to propose a change to the lot area coverage for mixed use, by changing the lot coverage for mixed use in the Water Dependent Commercial / Residential District and in the Low Density Residential District from 70% to 20%, (page 12 of the current ordinance and page 15 of the proposed ordinance).
• (Section XIV of current ordinance and Section XV of proposed ordinance)
A definition for “mixed use” is proposed to be added to the ordinance to read as follows:
Mixed Use: a combination of two or allowed uses located in on a single lot.
• The Planning Board proposes to change “land area” and “area of lot” to “lot area” for all districts.
• The Planning Board also proposes to change all instances of a “building” (noun) to “structure” in the ordinance.
• The Planning Board is also considering to propose a change to the name of the “Water Dependent Commercial / Residential” District, to “Commercial Fisheries Maritime Activities” District to match the state title for this district.
• The Planning Board is also considering a change to the boundaries for the Water Dependent Commercial / Residential (or the proposed Commercial Fisheries Maritime Activities) District on Great Cranberry Island. Steve Philbrook will contact Lise Pratt in regard to needed changes for the proposed updates to the Comprehensive Plan. These proposed changes would also change the comp plan maps that are proposed. Mike Westphal and Bill Dowling will work on boundaries for this district at GCI. Nan Hadlock will forward map / lot numbers for the Water Dependent Commercial / Residential Districts for TCI to Bill and Mike.
• It appears that neither the proposed Comprehensive Plan nor the updated Shoreland Ordinance will be ready to go to vote by the annual town meeting in March. Due to the posting and public hearing requirements, a special town meeting, hopefully in April or May, is anticipated for a decision by the voters on these two items.
• The new standards for timber harvesting updates to the ordinance have been removed and the Maine Bureau of Forestry will enforce infractions. The Planning Board recommends this as TCI does not have much timber harvesting, which is different from removal of trees, (must be over two acres of land and more commercial in nature).
• Another change to the current ordinance that is recommended by the Planning Board is Notification of Abutters for a Planning Board Permit. Section XII, Administration of the current ordinance and Section XII of the proposed ordinance, under enforcement add: The Planning Board, at the applicant’s expense, shall send notice of each public hearing on a Planning Board permit application by first class mail to all butting property owners and to others, who in the Board’s opinion, might be directly affected by the proposed use or construction. Currently the shoreland ordinance requires this for Appeals but not for Planning Board applications.
• Section XII, Administration, under Appeal Procedure, the wording will also change to read as follows:
The Board of Appeals shall, at the applicant’s expense, send notice of each public hearing by first class mail to all abutting property owners and to others, who, in the Board’s opinion, might be directly affected by the proposed use or construction. Notice shall also be given publication in a local newspaper and by posting notices in a public place in town.
• Proposed changes to draft comp plan to address water dependent use zoning, Future Land Use Plan, page 137.
d. The Working Waterfront
The Plan recommends that the current Water Dependent Commercial / Residential District be continued and strengthened to ensure that it meets its intended purpose. Under this zoning, priority is given to water dependent uses. While single family uses are allowed subject to planning board permit, duplexes and multi-family uses are allowed only as part of a mixed use structure where the principal use is marine commercial in nature. The maximum impervious surface ratio is currently 70 percent of lot for water dependent and mixed uses and 20 percent of lot for residential uses. There have been cases where non-water dependent uses have been built due to apparent loopholes in the current standards. The plan recommends that these standards be revised to prohibit multifamily and duplex uses, that the name of the zone be changed to Commercial Fisheries Maritime Activities and that its boundaries be reduced to include areas that are currently water dependent uses. Apart from one single family dwelling or an accessory residential apartment, the only new uses allowed would be functionally water dependent uses. The proposed shift in boundaries is shown on the Future Land Use Plan map.

e. Other Shorefront Areas
The plan recommends that the standards of the other shoreland zones continue as they are today. These zones include the Resource Protection, Mixed Residential, Business, and Low Density Residential districts. The current provisions offer adequate protection of shoreland areas. The boundaries of the Mixed Residential zone would be expanded into some of the areas presently zoned Water Dependent Commercial Residential zone, (see Future Land Use map).

Tom Martin will email changes from today’s meeting in summary sheets to the Town Office, the Planning Board, Lise Pratt (Comp Plan Chairman) and the Code Enforcement Officer.

Nan Hadlock will contact Jeff Berzinis and Joe Leblanc to set up a planning board meeting to review the shoreline stabilization and repair project for Fir Lee, LLC at Sutton Island. Included on the agenda will be to look over a draft notification of intention to build form for the shoreland areas only suggested by the CEO.

Adjournment: 11:25 AM

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