Planning Board Minutes January 22, 2010

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Planning Board Meeting
January 22, 2010
Islesford Neighborhood House

Attendance:
Steven Philbrook, Chairman Planning Board
William Dowling, Planning Board
Michael Westphal, Planning Board
Katelyn Damon, Planning Board
Nanette Hadlock, Deputy Clerk
Jeffrey Berzinis
I. Call to order: 9:06 A.M. by Chairman Steve Philbrook
A quorum of the Planning Board Members is present at today’s meeting.
II. Review / Approval Previous Meeting Minutes
A. September 16, 2009
Bill Dowling moves to accept the 09/16/09 Planning Board meeting minutes as written. Mike Westphal seconds the motion. (4-0) Motion passes.
B. September 23, 2009
Bill Dowling moves to accept the 09/23/09 Planning Board meeting minutes as written. Mike Westphal seconds the motion. (4-0) Motion passes.
C. January 06, 2010 Workshop
Bill Dowling moves to accept the 01/06/10 Planning Board workshop meeting minutes as written. Mike Westphal seconds the motion. (4-0) Motion passes.
III. Review Application
Fir Lee, LLC, c/o Nathaniel R. Fenton
Hartley Rogers
Tax Map 30, Lot 16
Sutton Island
Repair existing retaining wall (4’ x 198’ ±)
New Rip Rap (27’depth x 40’±)
Contractor: Southwest Boat Marine Services, c/o Jeffrey Berzinis
Agent: Leblanc Associates, Inc.

Tax Map 30, Lot 16, Sutton Island, is in the Low Density Residential district.
No new height is planned for the retaining wall. Due to limited access to and on the island, the project will be constructed from a barge. Blasted rock will be used and the Army Corp of Engineers makes sure the rock will be compatible with existing features. Both the Department of Environmental Protection and the Army Corps of Engineers have permitted this project. No approval from the Maine Historic Preservation Commission is included with the application.

Land Use Standards (Land Use Ordinance for the Shorelands, Section XI)
A. Agriculture
Steve Philbrook moves that the standard for Agriculture is not applicable to the application. Mike Westphal seconds the motion. (4-0) Motion passes.
B. Beach Construction
Steve Philbrook moves that the standard for Beach Construction is not applicable to the application. Mike Westphal seconds the motion. (4-0) Motion passes.
C. Campgrounds and Individual Campsites
Steve Philbrook moves that the standard for Campgrounds and Individual Campsites is not applicable to the application. Mike Westphal seconds the motion. (4-0) Motion passes.
D. Clearing of Vegetation
No clearing of vegetation is planned for this project.
Steve Philbrook moves that the application meets the standard for Clearing of Vegetation. Bill Dowling seconds the motion. (4-0) Motion passes.
E. Erosion and Sedimentation Control
The NRPA application states that no trees will be removed, and proper erosion control methods will be employed, including staked plastic fencing, sealed at the bottom with wood chip mulch, at any location where the soil would be disturbed during the work. Geotextile fabric 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 bails, sealed with mulch at the bottom.
Mike Westphal moves that the application meets the standard of Erosion and Sedimentation Control. Katelyn Damon seconds the motion. (4-0) Motion passes.
F. Mineral Exploration and Extraction
Bill Dowling moves that the standard for Mineral Exploration and Extraction is not applicable to the application. Mike Westphal seconds the motion. (4-0) Motion passes.
G. Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges over 20 Feet in length, and Uses Projecting into Water Bodies
The DEP and The Army Corps of Engineers have both permitted this project.
Bill Dowling moves that the standard for Piers, Docks, Wharves, Breakwaters, etc. is not applicable to the application. Mike Westphal seconds the motion.
(4-0) Motion passes.
H. Road Construction
Bill Dowling moves that the standard for Road Construction is not applicable to application. Mike Westphal seconds the motion. (4-0) Motion passes.
I. Signs
Bill Dowling moves that the standard for Signs is not applicable to the application. Mike Westphal seconds the motion. (4-0) Motion passes.
J. Storm Water Runoff
Bill Dowling moves that the application meets the standard for Storm Water Runoff. Mike Westphal seconds the motion. (4-0) Motion passes.
K. Septic Waste Disposal
Mike Westphal moves that the standard for Septic Waste Disposal is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
L. Essential Services
Mike Westphal moves that the standard for Essential Services is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
M. Timber Harvesting
Mike Westphal moves that the standard for Timber Harvesting is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
N. Soils
Mike Westphal moves that the standard for Soils is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
O. Water Quality
Steve Philbrook moves that the application meets the standard for Water Quality. Katelyn Damon seconds the motion. (4-0) Motion passes.
P. Archaeological Sites
Mike Westphal moves that the application meets the standard for Archaeological Sites, contingent upon a positive response from, and / or any conditions placed on the landowner by, the Maine Historic Preservation Commission. Katelyn Damon seconds the motion. (4-0) Motion passes.

Performance Standards (Land Use Ordinance for the Shorelands, Section XII, D)
1. Will maintain safe and healthful conditions
Mike Westphal moves that the proposed project will maintain safe and healthful conditions. Katelyn Damon seconds the motion. (4-0) Motion passes.
2. Will not result in erosion or sedimentation
Katelyn Damon moves that the proposed project will not result in erosion or sedimentation. Bill Dowling seconds the motion. (4-0) Motion passes.
3. Will not result in water pollution
Steve Philbrook moves that the proposed project will not result in water pollution. Bill Dowling seconds the motion. (4-0) Motion passes.
4. Will not have an adverse impact on spawning grounds
Steve Philbrook moves that the proposed project will not have an adverse impact on spawning grounds. Bill Dowling seconds the motion. (4-0) Motion passes.
5. Will conserve shoreland vegetation
Steve Philbrook moves that the proposed project will conserve shoreland vegetation. Bill Dowling seconds the motion. (4-0) Motion passes.
6. Will conserve visual points of access to waters as viewed from public facilities
Steve Philbrook moves that the proposed project will conserve visual points of access to waters as viewed from public facilities. Bill Dowling seconds the motion.
(4-0) Motion passes.
7. Will conserve actual points of public access to waters
The proposed project will take place on private property.
Steve Philbrook moves that this standard is not applicable to the proposed project. Bill Dowling seconds the motion.
(4-0) Motion passes.
8. Will protect archaeological and historic resources as designated in the comprehensive plan
Steve Philbrook moves that the proposed project will meet this standard, with the condition of a positive response from the Maine Historic Preservation Commission and any conditions placed on the landowner from MHPC. Bill Dowling seconds the motion. (4-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Steve Philbrook moves that the proposed project will no adversely affect existing commercial fishing or maritime activities. Bill Dowling seconds the motion. (4-0) Motion passes.
10. Will avoid problems associated with flood plain development and use
Steve Philbrook moves that the proposed project will avoid problems associated with flood plain development and use. Bill Dowling seconds the motion. (4-0) Motion passes.
11. Is in conformance with the provisions of Section XI, Land Use Standards
Steve Philbrook moves that the proposed project is in conformance with the provisions of Section XI, Land Use Standards, contingent on a positive response and any conditions placed on the landowner from MHPC. Bill Dowling seconds the motion. (4-0) Motion passes.

Steve Philbrook moves to approve the application, with the condition of a positive response and any conditions placed on the landowner from the Maine Historic Preservation Commission. Bill Dowling seconds the motion.
(4-0) Motion passes.
The Planning Board signs the letter of approval and the Deputy Clerk will disperse copies of the letter to the CEO, the applicant, his agent, and his attorney. A copy of the letter is presented to Jeff Berzinis, contractor, at today’s meeting.

V. Other Business (Taken out of order)
The Planning Board has an application from Jan Moss, Island Woodworking, Great Cranberry Island, for an after the fact approval from the Planning Board for the removal of more than 50 yards of fill from the shoreland. A notice of violation was sent to Jan Moss on October 02, 2009 informing her that she must notify the Planning Board and the DEP within three days from the receipt of the letter and make all necessary attempt of bringing the property into compliance. The violation was for the removal of more that 50 cubic yards of fill from within 250’ of the normal high water line of a water body, wetland or stream requires approval by the Planning Board and the Department of Environmental Protection. Chairman Philbrook has written a response to the application submitted on 10/07/09 “to improve drainage”. The letter asked for a written statement concerning Section E, Erosion and Sedimentation Control, including a description of what measures were taken. Ms. Moss was also asked what was done with the drainpipe between the Moss and Smart properties, stating that one of the Planning Board’s concerns will be dealing with the water that might be running elsewhere as a result of the project. A site visit by DEP took place on October 29, 2009. Replacement of rip rap was deemed necessary. Since it is a replacement of an existing rip-rap, the project can still be licensed with the permit by rule. Since this is not new construction, an individual Natural Resource Protection Act Permit is not needed. A response was received from Jan Moss on November 23, 2009. The Deputy Clerk will make sure all members have copies of the file and a meeting date will be set to review the application. For the record, Mike Westphal reports that the culvert between the Moss and Smart Properties was always there before the work was done on the Moss property. The Town also has a culvert on the other side of the Moss Property. The Planning Board questions whether the Town received a permit for the culvert and when the culvert was placed by the Town.
IV. Review Draft Site Plan Review Application for the Shorelands
The Planning Board is currently working on a notification of intention to build form for Shorelands only. It has come to the attention of the Planning Board that while the original Notification of Intention to Build form works well for the Code Enforcement Officer / Plumbing Inspector, most of the information required on the form is not needed by the
Planning Board who only deals with the shorelands permits at Cranberry Isles. The original Notification of Intent to Build Form is still intended to be used for inland projects. A draft version of the form is presented to the Planning Board Members today for input on what should be included on the form and what should not. After much discussion by the Planning Board and the Deputy Clerk, many suggestions were made. The Deputy Clerk will type up the suggestions made today and present them to the Planning Board for a second reading at the next meeting.
VI. Adjournment: 10:40 A.M.
Steve Philbrook moves to adjourn the meeting. Bill Dowling seconds the motion. (4-0) Motion passes.