Planning Board Meeting Minutes March 28, 2012

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Planning Board Meeting Minutes
March 28, 2012
Great Cranberry Island Community Center

Attendance:
Steve Philbrook, Chairman, Planning Board
Bruce Komusin, Planning Board
Sam Hyler, Planning Board
Bill Dowling, Planning Board
Sally Rowan, Planning Board Alternate
James Fortune, Administrative Assistant
Nanette Hadlock, Deputy Clerk
Phil Whitney, Board of Selectmen
Richard Beal, Board of Selectmen
Greg Johnston, Engineer and Agent for Lincoln Lyman
Ben Fulves
I. Call to Order: 8:45 A.M. by Steve Philbrook.
II. Elect Chairman 2012
Bruce Komusin moves to appoint Steven Philbrook as Chairman of the Planning Board. Sam Hyler seconds the motion. (3-0) Motion passes.

Planning Board Member Bill Dowling joins the meeting. Applicant Lincoln Lyman joins the meeting by teleconference.
III. Review / Approval January 18, 2012 Meeting Minutes
Bill Dowling moves to accept the January 18, 2012 meeting minutes as written. Bruce Komusin seconds the motion. (4-0) Motion passes.

Board of Selectman Phil Whitney joins the meeting.
IV. Review Application:
Lincoln P. Lyman
Greg Johnston, Project Manager
Tax Map 10, Lot 31
Great Cranberry Island, Maine
Shoreland Stabilization
Mixed Residential District
Flood Zone X

Greg Johnston is at today’s meeting representing the applicant Lincoln Lyman.
This project will actually take place in flood zone AE, as opposed to flood zone X. Most of the property is located in zone X, but the shoreline portion where the proposed stabilization will occur is located in Zone AE. This is inside a floodway, and will require the applicant to apply for a flood hazard permit from the CEO.
Greater than ten cubic yards of fill will be required for this project. The stabilization will be approximately 250 feet long. Due to the glacial tilt and a high content of sand, there is little cohesion. Larger stone will be used at the base. Drainage stone and filter fabric will be placed behind the larger stone. Native species will be used for reestablishment of the vegetation. Hay bales and jute mesh will be used as temporary measures until the vegetation planting is complete. Mr. Johnston reports that positive feedback has been received from the Maine Historic Preservation Commission, the Department of Inland Fisheries and Wildlife, and the Department of Environmental Protection. An application for a Natural Resource Protection Act permit has been applied for. The agent has received an affirmation that no historic properties will be affected by the proposed undertaking, dated February 21, 2012.

Section XI, Land Use Standards, Land Use Ordinance for the Shorelands
A. Agriculture
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
B. Beach Construction
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
C. Campgrounds
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
D. Individual Private Campsites
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
E. Parking Area
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
F. Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting
Some spruce will be removed in order to allow working from the top of the bank. Re-vegetation will occur upon completion of the project with native species.
Bill Dowling moves that the project meets the requirements for clearing of vegetation. The engineer will monitor all phases. Sam Hyler seconds the motion. (4-0) Motion passes.
This project is expected to take place in the fall season of 2012. Page 34, Section E of the Land Use Ordinance for the Shorelands explains time limits following issuance of a
permit.
G. Erosion and Sedimentation Control
An erosion control plan is submitted with the application for prior, during and post construction.
Bruce Komusin moves that the project meets the requirements for erosion and sedimentation control. Sam Hyler seconds the motion. (4-0) Motion passes.
H. Mineral Exploration and Extraction
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) 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
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
J. Roads and Driveways
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
K. Signs
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
L. Storm Water Runoff
The agent reports that any damages that might occur to the property or an abutter’s property during construction will be the responsibility of the contractor for the project. Erosion control measures are described in the application.
Bill Dowling moves that the project meets the requirements for storm water runoff. Bruce Komusin seconds the motion. (4-0) Motion passes.
M. Septic Waste Disposal
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
N. Essential Services
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
O. Timber Harvesting
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
P. Water Quality
Bill Dowling moves that the project meets the standard for water quality. Sam Hyler seconds the motion. (4-0) Motion passes.
Q. Archaeological Sites
Steve Philbrook moves that the project meets the requirements for Archaeological Sites. Bill Dowling seconds the motion. (4-0) Motion passes.
R. Soils
Steve Philbrook moves that the project meets the requirements for Archaeological Sites. Bill Dowling seconds the motion. (4-0) Motion passes.

Section XIII, Subsection D, Performance Standards, Land Use Ordinance for the Shorelands
1. Will maintain safe and healthful conditions
Steve Philbrook moves that the project will maintain safe and healthful conditions. Bill Dowling seconds the motion. (4-0) Motion passes.
2. Will not result in erosion or sedimentation
Steve Philbrook moves that the 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 project will not result in water pollution. Sam Hyler seconds the motion. (4-0) Motion passes.
4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat
As stated in the application, the project is adjacent to identified tidal bird and shore bird roosting habitat. For this reason work will not be performed from below the slope. When the tide is high, the birds rest (or roost) just above the high tide mark. The base of the proposed slope is landward of the normal high water line, leaving the grass and rock area between high water and the base of the slope undisturbed for habitat.
Steve Philbrook moves that the project will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat. Bill Dowling seconds the
motion. (4-0) Motion passes.
5. Will conserve shoreland vegetation
Steve Philbrook moves that the 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 project will conserve visual points of access to waters as viewed from public facilities. Sam Hyler seconds the motion. (4-0) Motion passes.
7. Will conserve actual points of public access to waters
Steve Philbrook moves that the project will conserve actual points of public access to waters. Sam Hyler 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 project will protect archaeological and historic resources as designated in the comprehensive plan. Bill Dowling seconds the motion. (4-0) Motion passes.
9. Will not adversely affect existing commercial fishing or marine activities
Steve Philbrook moves that the project will not adversely affect existing commercial fishing or marine activities. Bill Dowling seconds the motion. (4-0) Motion passes.
10. Will avoid problems associated with floodplain development and use
Steve Philbrook moves that the project will avoid problems associated with floodplain development and use. Sam Hyler seconds the motion. (4-0) Motion passes.
11. Is in conformance with the provisions of Sections IX, X, XI, and XII, Lot and Land Use Standards
Steve Philbrook moves that the project is in conformance with the provisions of Sections IX, X, XI and XII, Lot and Land Use Standards. Sam Hyler seconds the motion. (4-0
Motion passes.

Steve Philbrook moves to approve the application for Lincoln Lyman for shoreland stabilization, contingent on the approval of an N.R.P.A. permit, application for a Flood Hazard Development Permit from the C.E.O. Bill Dowling seconds the motion. (4-0) Motion passes.
Copies of the NRPA permit and Flood Hazard Development Permit are requested to be forwarded to the Town Office for permanent record.
VI. Review Application (taken out of order)
Town of Cranberry Isles
Agent: James Fortune, Administrative Assistant to the Selectmen
Road Reconstruction Projects
Lower Main Street, Mixed Residential & Business Districts
Sandbeach Road, 625 feet section, Islesford
Lower Main Street, partially Flood Zone AE, Partially Flood Zone X
Sandbeach Road, Flood Zone X

The part of this project for lower Main Street on Islesford is within 250 feet of the shoreland. The section of Sandbeach Road proposed to be reconstructed does not fall within 250 feet of the shoreland. James Fortune reports that because this is a public works project, it won’t require a DEP permit. Drainage will be corrected in front of three private owners’ properties, and possibly in front of the Islesford Dock Restaurant garden. This project is expected to take place in May 2012. The contractor for this project is John Goodwin, JR.

Section XI, Land Use Standards, Land Use Ordinance for the Shorelands,/u>
A. Agriculture
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
B. Beach Construction
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
C. Campgrounds
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
D. Individual Private Campsites
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
E. Parking Areas
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
F. Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
G. Erosion and Sedimentation Control
An erosion and sedimentation control program is included with the application. Existing roadbed will be taken off island for disposal.
Steve Philbrook moves that the application meets the standard. Sam Hyler seconds the motion. (4-0) Motion passes.
H. Mineral Exploration and Extraction
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) 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
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
J. Roads and Driveways
The Administrative Assistant is asked to double check with Toby Michaud of Civil Engineering Services to assure the Planning Board that the best possible practices will be
adhered to for roads and driveways.
Steve Philbrook moves that the criteria are met for this standard Section XII, Subsection J with one contingency that the Administrative Assistant follows up with the engineers for best possible practices. Bill Dowling seconds the motion. (4-0) Motion passes.
K. Signs
Steve Philbrook moves that the standard is not applicable to the project. Sam Hyler seconds the motion. (4-0) Motion passes.
L. Storm Water Runoff
Steve Philbrook moves that the project meets the standard. Sam Hyler seconds the motion. (4-0) Motion passes.
M. Septic Waste Disposal
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
N. Essential Services
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
O. Timber Harvesting
Steve Philbrook moves that the standard is not applicable to the project. Bill Dowling seconds the motion. (4-0) Motion passes.
P. Water Quality
Steve Philbrook moves that the project meets the standard. Bill Dowling seconds the motion. (4-0) Motion passes.
Q. Archaeological Sites
Steve Philbrook moves that the project meets the standard, contingent on approval from the Maine Historic Preservation Commission. Bill Dowling seconds the motion. (4-0) Motion passes.
R. Soils
Steve Philbrook moves that the project meets the standard. Bill Dowling seconds the motion. (4-0) Motion passes.
Section XIII, Subsection D, Performance Standards, Land Use Ordinance for the Shorelands

1. Will maintain safe and healthful conditions
Steve Philbrook moves that the project will maintain safe and healthful conditions. Sam Hyler seconds the motion. (4-0) Motion passes.
2. Will not result in erosion or sedimentation
Steve Philbrook moves that the project will not result in erosion or sedimentation. Sam Hyler seconds the motion. (4-0) Motion passes.
3. Will not result in water pollution
Some concern is shown in regard to stockpiling original asphalt at the gravel pit before being removed from the island.
Steve Philbrook moves that the project will not result in water pollution. Sam Hyler seconds the motion. Bill Dowling abstains. (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 project will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat. Bill Dowling seconds the
motion. (4-0) Motion passes.
5. Will conserve shoreland vegetation
Steve Philbrook moves that the project will conserve shoreland vegetation. Bill Dowling seconds the motion. (4-0) Motion passes.
6. Will conserve visual points of access to waters
Steve Philbrook moves that the project will conserve visual points of access to waters. Bruce Komusin seconds the motion. (4-0) Motion passes.
7. Will conserve actual points of public access to waters
Steve Philbrook moves that the project will conserve actual points of public access to waters. 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 project will protect archaeological and historic resources as designated in the comprehensive plan, contingent on approval from the Maine Historic Preservation Commission. 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 project will not adversely affect existing commercial fishing or maritime activities. Bill Dowling seconds the motion. (4-0) Motion passes.
10. Will avoid problems associated with floodplain development and use
Steve moves that the project will avoid problems associated with floodplain development and use, contingent on the approval of a flood hazard development permit from the Code enforcement Officer. Bill Dowling seconds the motion. (4-0) Motion passes.
11. Is in conformance with the provisions of Sections IX, X, XI, and XII, Lot and Land Use Standards
Steve Philbrook moves that the project is in conformance with the provisions of Sections IX, X, XI, and XII, Lot and Land Use Standards. Bill Dowling seconds the motion. (4-0)
Motion passes.

Steve Philbrook moves to approve the application contingent on the Town of Cranberry Isles receiving a Flood Hazard Development Permit, approval from the Maine Historic Preservation Commission, and is confirmed with the engineers that best possible practices will be used in regard to Section J, Roads and Driveways. Bill Dowling seconds the motion. (4-0) Motion passes.

V. Review Application
Kristen Howard
Agent: Michael C. Clark, Builder
Tax Map 30, Lot 04
Sutton Island, Maine
Replace Existing Tool Shed
Low Density Residential District
Flood Zone VE

This project is to tear down a 250 sq. ft. shed and to replace with a new 280 sq. ft. shed. The shed sits “approximately” 250 sq. ft. from the high water mark, approximately 50-60 ft. from the boundary with lot 4A (Tom Glen,II) and over 300 ft. form the boundary of lot 06 (Sally Wigutow). Marty Hamblen has a letter of permission to act as a general contractor for this project. No distance is indicated between the house and the shed on the application.

Section XI, Land Use Standards, Land Use Ordinance for the Shorelands
A. Agriculture
Steve Philbrook moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
B. Beach Construction
Steve Philbrook moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
C. Campgrounds
Steve Philbrook moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
D. Individual Private Campsites
Steve Philbrook moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
E. Parking Areas
Steve Philbrook moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (4-0) Motion passes.
F. Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (4-0) Motion passes.
G. Erosion and Sedimentation Control
There will be minimal soil disturbance; the shed will be built on pressure treated posts.
Steve Philbrook moves that the application meets the standard. Bill Dowling seconds the motion. (4-0) Motion passes.
H. Mineral Exploration and Extraction
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0) 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
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
J. Roads and Driveways
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0)Motion passes.
K. Signs
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
L. Storm Water Runoff
Steve Philbrook moves that the application satisfies the requirements for the standard. Sam Hyler seconds the motion. (4-0) Motion passes.
M. Septic Waste Disposal
The application states there will be no plumbing in the structure.
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
N. Essential Services
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
O. Timber Harvesting
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0)Motion passes.
P. Water Quality
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
Q. Archaeological Sites
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0)Motion passes.
R. Soils
Steve Philbrook moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.

Section XIII, Subsection D, Performance Standards, Land Use Ordinance for the Shorelands

1. Will maintain safe and healthful conditions
Steve Philbrook moves that the project will maintain safe and healthful conditions. Bill Dowling seconds the motion. (4-0) Motion passes.
2. Will not result in erosion and sedimentation
Steve Philbrook moves that the project will maintain safe and healthful conditions. Bill Dowling seconds the motion. (4-0) Motion passes.
3. Will not result in water pollution
Steve Philbrook moves that the project will maintain safe and healthful conditions. Bill Dowling seconds the motion. (4-0) 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 project will maintain safe and healthful conditions. Bill Dowling seconds the motion. (4-0) Motion passes.
5. Will conserve Shoreland vegetation
Steve Philbrook moves that the project will maintain safe and healthful conditions. 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 project will maintain safe and healthful conditions. Bill Dowling seconds the motion. (4-0) Motion passes.
7. Will conserve actual points of public access to waters
Steve Philbrook moves that the project will maintain safe and healthful conditions. 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 project will maintain safe and healthful conditions. 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 project will maintain safe and healthful conditions. Bill Dowling seconds the motion. (4-0) Motion passes.
10. Will avoid problems associated with floodplain development and use
Steve Philbrook moves that the project will maintain safe and healthful conditions. Bill Dowling seconds the motion. (4-0) Motion passes.
11. Is in conformance with the provisions of Sections IX, X, XI, and XII, Lot and Land Use Standards
Steve Philbrook moves that the project will maintain safe and healthful conditions. Bill Dowling seconds the motion. (4-0) Motion passes.

Steve Philbrook moves to approve this application for shed replacement by Kristen Howard. Bill Dowling seconds the motion. (4-0) Motion passes.
VII. Other Business
None at this time.
VIII. Adjournment: 10:47 A.M.
Steve Philbrook moves to adjourn the meeting. Bill Dowling seconds the motion. (4-0) Motion passes.

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