Planning Board Meeting Minutes December 27, 2011

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PLANNING BOARD MEETING
DECEMBER 27, 2011
ISLESFORD NEIGHBORHOOD HOUSE

Attendance:
Steve Philbrook, Chairman, Planning Board
Bill Dowling, Planning Board
Sam Hyler, Planning Board
Bruce Komusin, Planning Board
Nanette Hadlock, Deputy Clerk
I. Call to order: 9:35 A.M. by Chairman Steve Philbrook
II. Review / Approval May 04, 2011 Planning Board Meeting Minutes
Bruce Komusin moves to approve the May 04, 2011 Planning Board Meeting Minutes as written. Sam Hyler seconds the motion. (4-0) Motion passes.
III. Review Application
Heliker – Lahotan Foundation
Agent: Bill Dowling
Replace Existing Rip Rap
Tax Map 14, Lot 06
Water Dependent Commercial / Residential District
Great Cranberry Island, Maine

Bill Dowling recuses himself from the reviewing of application portion of today’s meeting as agent for the Heliker – Lahotan Foundation. A quorum is still present with three out of five members present and voting.

An updated permit by rule and Field Determination form has been received from John Cullen of the Department of Environmental Protection. The correct map and lot numbers are on the updated form, map 14, lot 06.
A letter of authorization for William F. Dowling to act as agent for permitting purposes for the proposed project, dated October 15, 2011, is signed by Patricia Bailey of the Heliker – Lahotan Foundation.
Photographs and maps are reviewed by the Planning Board which were submitted with the Notification of Intention to Build form for the proposed project. Mr. Dowling reports that the bank of the shore is now only approximately four feet from the foundation of the building, due to the existing rip rap deterioration (location A); the bank of the shore is now only approximately seven to eight feet from the foundation of the building, due to the existing rip rap deterioration (location B).
The following erosion and sedimentation plan was submitted by Mr. Dowling:
“Three foot (approximately) boulders to be placed on footprint of existing rip rap. Filter fabric installed, covered by smaller rocks and 4-6” granite. Finished by topsoil, planted with local grasses and Rosa Rugosa. All work to be accomplished from the land, across Heliker Lahotan property.”

Section XII: Land Use Standards (from the Land Use Ordinance for the Shorelands)
A. Agriculture
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
B. Beach Construction
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
C. Campgrounds
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
D. Individual Private Campsites
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
E. Parking Areas
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
F. Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
G. Erosion and Sedimentation Control
Sam Hyler moves that the project meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
H. Mineral Exploration and Extraction
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
I. Piers, Docks, Wharves, Bridges and Other Structures and Uses Extending Over or Below the Normal High Water Line of a Water Body or Within a Wetland
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
J. Roads and Driveways
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
K. Signs
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
L. Storm Water Runoff
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
M. Septic Waste Disposal
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
N. Essential Services
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
O. Timber Harvesting
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
P. Water Quality
Bruce Komusin moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (3-0) Motion passes.
Q. Archaeological Sites
This property is identified as having archaeological value. A letter dated November 22, 2011 from Kirk F. Mohney of the Maine Historic Preservation Commission states: “Based on the information submitted, I have concluded that the proposed undertaking will have no adverse effect on historic properties.”
Sam Hyler moves that the project meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
R. Soils
Sam Hyler moves that the standard is not applicable to the project. Bruce Komusin seconds the motion. (3-0) Motion passes.

Section XIII, Administration, subsection D, Procedure for Administering Permits, Performance Standards (from the Land Use Ordinance for the Shorelands)
1. Will maintain safe and healthful conditions
Bruce Komusin moves that the proposed use will maintain safe and healthful conditions. Sam Hyler seconds the motion.
(3-0) Motion passes.
2. Will not result in erosion or sedimentation
Bruce Komusin moves that the proposed use will not result in erosion or sedimentation. Sam Hyler seconds the motion. (3-0) Motion passes.
3. Will not result in water pollution
Bruce Komusin moves that the proposed use will not result in water pollution. Sam Hyler 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
A Field Determination Form, dated 12/16/2011, from John Cullen of the Department of Environmental Protection includes a memo which states: “The site in question has an
eroding shoreline. The shoreline has already been rip-rapped and the rip-rap needs to be replaced. The site is also adjacent to significant wildlife habitat. Not long ago, the Department changed its rules regarding the use of a reduced procedure permitting process called permit-by-rule to license coastal rip-raps. If this were a new construction, the project would require an individual Natural Resources Protection Act permit. Since it is a replacement of an existing rip-rap, the project can still be licensed with permit-by-rule. I have enclosed a notification form and the standards. Remember that you cannot get back what has been
lost. The stones should be placed against the existing bank.”
Bruce Komusin moves that the proposed use will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat. Sam Hyler seconds the motion. (3-0) Motion passes.
5. Will conserve shoreland vegetation
Bruce Komusin moves that the proposed use will conserve shoreland vegetation. Sam Hyler seconds the motion. (3-0) Motion passes.
6. Will conserve visual points of access to waters as viewed from public facilities
Not applicable to this location.
Bruce Komusin moves that the proposed use will conserve visual points of access to waters as viewed from public facilities. Sam Hyler seconds the motion. (3-0) Motion
passes.

7. Will conserve actual points of public access to waters
Not applicable for this location.
Bruce Komusin moves that the proposed use will conserve actual points of public access to waters. Sam Hyler seconds the motion. (3-0) Motion passes.
8. Will protect archaeological and historic resources as designated in the comprehensive plan
Bruce Komusin moves that the proposed use will protect archaeological and historic resources as designated in the comprehensive plan. Sam Hyler seconds the motion. (3-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Bruce Komusin moves that the proposed use will not adversely affect existing commercial fishing or maritime activities. Sam Hyler seconds the motion. (3-0) Motion passes.
10. Will avoid problems associated with floodplain development and use
Bruce Komusin moves that the proposed use will avoid problems associated with floodplain development and use. Sam Hyler seconds the motion. (3-0) Motion passes.
11. Is in conformance with the provisions of Sections IX, X, XI, and XII, Lot and Land Use Standards
The proposed use is to replace a previously existing structure.
Bruce Komusin moves that the proposed use is in conformance with Section XII and Land Use Standards. Sam Hyler seconds the motion. (3-0) Motion passes.

Steve Philbrook moves that this application meets the land use standards and performance standards of our ordinance. We approve this permit. Sam Hyler seconds the motion. (3-0) Motion passes.
Copies of the minutes and approval letter will be forwarded to Code Enforcement Officer Kim Keene for issuance of a permit.

IV. Other Business
In reference to the Marvin Ott request for permission to replace shoreline stabilization, it appears that all necessary documents have been received except for a new application. The original application, received at the Town Office on October 02, 2008, was denied by the Planning Board on March 03, 2009 based on lack of required information. Mr. Ott has been notified of the need for a new application by regular mail and certified mail.
V. Shoreland Zoning Update
A public hearing has been set by the Board of Selectmen for proposed amendments required by the State of Maine Department of Environmental Protection for the Land Use Ordinance for the Shorelands. The Soils condition was inadvertently left out of the updated Ordinance approved by the voters at the annual Town meeting in March 2011. The State has conditionally approved the ordinance.
The Municipality is not ordered to incorporate the condition into the Ordinance, only to administer it as part of the Ordinance, but should the Municipality vote to incorporate it and the Department approves it, then the Department will be able to repeal the condition. The Board of Selectmen has requested that at least one Planning Board member attend the public hearings on both Great Cranberry Island and Islesford. Date and times will be forwarded to the Planning Board.
VI. Adjournment: 10:13 A.M.
Steve Philbrook moves to adjourn the meeting. Sam Hyler seconds the motion. (3-0) Motion passes.

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