Planning Board Meeting Minutes April 30, 2013

Planning Board Meeting Minutes
April 30, 2013
Islesford Neighborhood House

Attendance:
Steve Philbrook, Chairman, Planning Board
Sally Rowan, Planning Board
Samuel Hyler, Planning Board
Chris Johnston, Planning Board
William Dowling, Planning Board
Nan Hadlock, Deputy Clerk
Josh Gray
Eve Harrison
I. Call to order: 3:04 P.M. by Chairman Steve Philbrook.
Three members of the Planning Board are present which constitutes a quorum.
II. Review / Approval of December 12, 2013 Meeting Minutes
Sam Hyler moves to approve the December 12, 2012 Planning Board Meeting Minutes as written. Chris Johnston seconds the motion. (3-0) Motion passes.
Enter Planning Board member Sally Rowan.
III. Review Application:
Christina Teale
Map 26, Lot 03
Mixed Residential District
10’ x 21’2” expansion to existing 6’9” deck
10’ x 21’2” screened porch
Islesford
Eve Harrison, agent for Christina Teale, is at today’s meeting. The porch expansion is hoped to be done this spring; the screened in porch is slated for next spring.
Enter Bill Dowling, Planning Board Member, all members present.
The Teale house is a non-conforming structure as it does not meet shoreland setback standards. The expansions will not create a more non-conforming structure, according to the measurements provided, (total expansion 23.81%).

Section XII: Land Use Standards
A. Agriculture
Sam Hyler moves that this standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
B. Beach Construction
Sam Hyler moves that this standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
C. Campgrounds
Sam Hyler moves that this standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
D. Individual Private Campsites
Sam Hyler moves that this standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
E. Parking Areas
Sam Hyler moves that this standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
F. Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting
No vegetation will need to be removed.
Sam Hyler moves that this standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
G. Erosion and Sedimentation Control
An erosion and sedimentation control program is included with the application. Digging will be done for posts underneath decks only.
Bill Dowling moves that the application meets the requirements. Sam Hyler seconds the motion. (5-0) Motion passes.
H. Mineral Exploration and Extraction
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (5-0) 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. (5-0) Motion passes.
J. Roads and Driveways
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (5-0) Motion passes.
K. Signs
Bill Dowling moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (5-0) Motion passes.
L. Storm Water Runoff
The pitch of the roof is the same as the original structure.
Bill Dowling moves that the application meets the standard. Sally Rowan seconds the motion. (5-0) Motion passes.
M. Septic Waste Disposal
Sally Rowan moves that the standard is not applicable to the application. Chris Johnston seconds the motion. (5-0) Motion passes.
N. Essential Services
Sally Rowan moves that the standard is not applicable to the application. Chris Johnston seconds the motion. (5-0) Motion passes.
O. Timber Harvesting
Sally Rowan moves that the standard is not applicable to the application. Chris Johnston seconds the motion. (5-0) Motion passes.
P. Water Quality
Sally Rowan moves that the standard is not applicable to the application. Chris Johnston seconds the motion. (5-0) Motion passes.
Q. Archaeological Sites
Sally Rowan moves that the standard is not applicable to the application. Chris Johnston seconds the motion. (5-0) Motion passes.
R. Soils
Bill Dowling moves that the application meets the standard. Sam Hyler seconds the motion. (5-0) Motion passes.
Section XIII, Administration, Subsection C, Permit Application, Performance Standards
1. Will maintain safe and healthful conditions
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
2. Will not result in erosion or sedimentation
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
3. Will not result in water pollution
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
5. Will conserve shoreland vegetation
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
6. Will conserve visual points of access to waters as viewed from public facilities
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
7. Will conserve actual points of public access to waters
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
8. Will protect archaeological and historic resources as designated in the comprehensive plan
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
10. Will avoid problems associated with floodplain development and use
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
11. Is in conformance with the provisions of Sections, IX, X, XI, and XII, Lot and Land Use Standards
Sam Hyler moves that the application meets the standard. Bill Dowling seconds the motion. (5-0) Motion passes.
Sally Rowan moves to approve the application. Chris Johnston seconds the motion. (5-0) Motion passes.
The Planning Board reminds the applicant’s agent that a substantial start has to be made on the project within one year of the permit being written by the Code Enforcement Officer. Some discussion takes place over the planned deference of the screened in porch until next spring. The Planning Board agrees that if the deck expansion is complete within the year time frame, then a substantial start will have been made to the entire project, where there is a two year limit on completion of the entire project.
IV. Review Application
Ed Gray
Map 16, Lot 15
Business District
42’ x 52’ Boat Storage Building
Great Cranberry Island
Josh Gray, part owner with Ed Gray is here at today’s meeting. This application is before the Planning Board for approval as the business is considered a commercial marina. Included in the drawings with the application is a setback between the existing building and the proposed additional building of six feet. The Business District requires fifteen feet between structures, according to the Land Use Ordinance for the Shorelands of Cranberry Isles. The Planning Board interprets the TCI Shorelands ordinance intent with the 15 feet requirement to provide for fluid emergency access, utility access, etc. Mr. Gray states in an email correspondence dated April 19, 2013 that he intends to “connect the two buildings at the back end”, thereby removing the need for the setback between the building. The TCI Shorelands Ordinance does not define a connection or breezeway between buildings. Planning Board Chairman Steve Philbrook has contacted Maine Municipal Legal Services, (Becky Seel) for advice by telephone. Ms. Seel explains that the buildings must be connected so as to be viewed as one building, used in a fluid way. She suggests a doorway on each building, with an enclosed breezeway. The Planning Board agrees that Mr. Gray may connect the two buildings in this manner with approval from the Planning Board, or apply to the Board of Appeals for a variance if he can prove a hardship from a Planning Board denial. In reference to a right of way with Southwest Boat (abutter), the survey plan by Civil Engineering Services (CES), dated 04/03/2013, drawing V101, shows a 12 feet right or way to the former Lea property, now owned by Southwest Boat, Inc.; the proposed building will not impact the right of way. The proposed new building is in Flood Plain AE, with an elevation of 11 feet, according to information provided by Jeff Teunisen of CES. The lot is located in the AE zone, is outside of the flood plain.
Section XII: Land Use Standards
A. Agriculture
Sally Rowan moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (5-0) Motion passes.
B. Beach Construction
Sally Rowan moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (5-0) Motion passes.
C. Campgrounds
Sally Rowan moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (5-0) Motion passes.
D. Individual Private Campsites
Sally Rowan moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (5-0) Motion passes.
E. Parking Areas
Sally Rowan moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (5-0) Motion passes.
F. Clearing of Removal of Vegetation for Activities Other Than Timber Harvesting
Sally Rowan moves that the standard is not applicable to the application. Sam Hyler seconds the motion. (5-0) Motion passes.
G. Erosion and Sedimentation Control
The proposed new building will be built on an existing dirt pad. There is no erosion and sedimentation control plan included in the application. Mr. Gray states in an email correspondence dated April 19, 2013, that “very little soil will be moved. The site was leveled a few years ago so some fill will be brought in for final leveling. Ben Moore will be doing the site work and will use all proper methods to be sure to limit run off. The new building will not interfere with natural run off.” The Planning Board reminds the applicant that if the application should be approved, it would be on the condition of an erosion and sedimentation control plan being submitted, the covered breezeway would be needed, and if moving more that 10 yards of fill, Planning Board approval would be needed for that.
Sam Hyler moves that the application meets the standard. Chris Johnston seconds the motion. (5-0) Motion passes.
H. Mineral Exploration and Extraction
Sam Hyler moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) 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
Sam Hyler moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
J. Roads and Driveways
Sam Hyler moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
K. Signs
Sam Hyler moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
L. Storm Water Runoff
Sally Rowan moves that the application meets the standard. Sam Hyler seconds the motion. (5-0) Motion passes.
M. Septic Waste Disposal
Sam Hyler moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
N. Essential Services
Sam Hyler moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
O. Timber Harvesting
Sam Hyler moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
P. Water Quality
Sam Hyler moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
Q. Archaeological Sties
Sam Hyler moves that the standard is not applicable to the application. Bill Dowling seconds the motion. (5-0) Motion passes.
R. Soils
Bill Dowling moves that the application meets the standard. Chris Johnston seconds the motion. (5-0) Motion passes.
Section XIII, Administration, Subsection C, Permit Application, Performance Standards
1. Will maintain safe and healthful conditions
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes. (See conditions)
2. Will not result in erosion or sedimentation
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.
3. Will not result in water pollution
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.
4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.

5. Will conserve shoreland vegetation
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.
6. Will conserve visual points of access to waters as viewed from public facilities
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.
7. Will conserve actual points of public access to waters
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.
8. Will protect archaeological and historic resources as designated in the comprehensive plan
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.
10. Will avoid problems associated with floodplain development and use
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.
11. Is in conformance with the provisions of Sections IX, X, XI, and XII, Lot and Land Use Standards
Sam Hyler moves that the application meets the standards. Bill Dowling seconds the motion. (5-0) Motion passes.
Bill Dowling moves that the Planning Board approves this application on the condition that the Board receives a construction drawing showing both buildings are connected and both buildings can be accessed in a fluid manner. Sam Hyler seconds the motion. (5-0) Motion passes.
V. Other Business
• The Town Office has received a copy of an approved application from Code Enforcement Officer Kimberly Keene, dated April 23, 2013, for the relocation of a cottage on the property of Lincoln Lyman, Tax Map 10, Lot 31, Great Cranberry Island.
VI. Adjournment: 4:40 P.M.
Bill Dowling moves to adjourn the meeting. Sally Rowan seconds the motion. (5-0) Motion passes.