Planning Board Meeting Minutes January 18, 2012

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Planning Board Meeting Minutes
January 18, 2012
Islesford Neighborhood House

Attendance:
Steve Philbrook, Chairman, Planning Board
William Dowling, Planning Board
Bruce Komusin, Planning Board
Phil Whitney, BOS
Nan Hadlock, Deputy Clerk
James Fortune, Administrative Assistant
Blair Colby
I. Call to Order: 12:30 P.M. by Chairman Steve Philbrook.
II. Review / Approval of 12/27/11 Meeting Minutes
Not discussed.
III. Review Application
Marvin & Emiline Ott
Tax Map 14, Lot 34
Great Cranberry Island
After the Fact Permit
Shoreland Stabilization
Water Dependent Commercial / Residential District

Three members of the Planning Board are present which constitutes a quorum.
Bruce Komusin questions the completeness of the application as the new application that has been submitted by Mr. Ott does not state the map/lot # or the description of the work to be accomplished. Chairman Steve Philbrook, upon conversing with the Town Attorney, Matt Worthen, has deemed that the application is complete, considering the supporting information presented by Mr. Ott and requested by the Planning Board. The newly submitted application is signed and dated by Mr. Ott.
On March 03, 2009, the Planning Board met to review an initial application by Mr. Ott, dated 09/29/08. The after the fact permit was denied approval by the Planning Board as the application did not meet the standards: Sec XI, E, 4 Erosion and Sedimentation Control; Sec XI, J, Storm Water Runoff; and Sec P, Archeological Sites. Since this meeting, Mr. Ott has submitted these requested items for his application, dated 12/30/2011. Both Mr. Philbrook and Mr. Dowling of the Planning Board are satisfied that this application is complete and ready for approval. Mr. Komusin of the Planning Board agrees.

SECTION XII, LAND USE STANDARDS
A. Agriculture
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
B. Beach Construction
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
C. Campgrounds
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
D. Individual Private Campsites
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
E. Parking Areas
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
F. Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
G. Erosion and Sedimentation Control
A soil and erosion plan, dated September 21, 2011, was submitted to the Department of Environmental Protection (D.E.P.) which was forwarded to the Town by Mr. Ott as part of his application.
The erosion plan includes Rosa Rugosa planted in 18” erosion control mulch/loam mix, and dense mixture of self-seeded native plants and grasses. Some larger rocks were already placed, hence the application for an after the fact permit. The project still would need smaller rocks, backfill of soil and vegetation, according to contractor for the Ott’s, Blair Colby. The D.E.P. permit subjects its approval on the condition that the applicants shall install the plants by July 01, 2012.
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
H. Mineral Exploration and Extraction
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin 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 of Body or Within a Wetland.
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
J. Roads and Driveways
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
K. Signs
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
L. Storm Water Runoff
The D.E.P. permit, dated December 2011, states that the project will not unreasonable interfere with the natural flow of any surface or subsurface waters.
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
M. Septic Waste Disposal
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
N. Essential Services
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
O. Timber Harvesting
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
P. Water Quality
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.
Q. Archeological Sites
The property in question is in close proximity identified sites of archaeological interest. The applicant has received a ruling, dated 08/05/11, from Kirk A. Mohney of the Maine Historic Preservation Commission stating that based on the information submitted, he has concluded that there will be no historic properties affected by the proposed undertaking, as defined by Section 106 of the National Historic Preservation Act. Consequently, pursuant to 36 CFR 800.4(d) (1), no further Section 106 consultation is required unless additional resources are discovered during project implementation pursuant to 36 CFR 800.13.
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
R. Soils
Bill Dowling moves that the standard is not applicable to the application. Bruce Komusin seconds the motion. (3-0) Motion passes.

SECTION XIII, C, PERFORMANCE STANDARDS

1. Will maintain safe and healthful conditions
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
2. Will not result in erosion or sedimentation
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
3. Will not result in water pollution
Bill Dowling moves that the application meets the standard. Bruce Komusin 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
The D.E.P. permit, dated December 2011, states that the proposed activity will not unreasonably harm any significant wildlife habitat, freshwater wetland plant habitat,
threatened or endangered plant habitat, aquatic or adjacent upland habitat, travel corridor, freshwater, estuarine, or marine fisheries or other aquatic life provided the
applicant complies with the timing window restriction described in Finding 4. The D.E.P. permit subjects its approval on the condition that no construction at the project site shall be done between July 15 and September 15 of any year. The property is located in an area considered by the State as an area of critical waterfowl migration.
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
5. Will conserve shoreland vegetation
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
6. Will conserve visual points of access to waters as viewed from public facilities
Bruce Komusin 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
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
8. Will protect archaeological and historic resources as designated in the comprehensive plan
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.
10.Will avoid problems associated with floodplain
development and use

The D.E.P. permit, dated December 2011, states that the proposed activity will not unreasonably cause or increase the flooding of the alteration area or adjacent properties.
Bill Dowling moves that the application meets the standard. Bruce Komusin 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
Bill Dowling moves that the application meets the standard. Bruce Komusin seconds the motion. (3-0) Motion passes.

Bill Dowling moves that the application meets the Land Use Standards and the Performance Standards and votes to approve the application. Steve Philbrook seconds the motion.
(3-0) Motion passes.

IV. Other Business
The Administrative Assistant has received an email communication from Code Enforcement Officer (C.E.O.) Kimberly Keene, dated December 31, 2011, asking how did the Planning Board determine the Floodplain Ordinance did not apply to the construction of a waiting shed at Sutton Island, and what evidence the Town provided to the Planning Board for them to determine that the Floodplain Ordinance did not apply?
These questions reference a meeting held on April 25, 2011 to review the application from the Town Of Cranberry Isles to replace an existing Dock Shed. James Fortune, Administrative Assistant to the Selectmen, is working on this with the C.E.O. According to Mr. Fortune, measurements will have to be taken to determine what elevation the shed is actually in; a flood elevation certificate may have to be applied for. The structure is a new building. The original building was built approximately twenty years ago, according to Mr. Fortune. If the new shed is not at least one foot above the floodplain, a variance may have to be applied for by the Town, or the building may have to be moved. The owners of the property, the Wigutows had requested that the new shed not be built any further back on their property.
V. Adjournment: 1:12 P.M.
Steve Philbrook moves to adjourn the meeting. Bill Dowling seconds the motion.
(3-0) Motion passes.
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