Planning Board Meeting Minutes July 24, 2007

Return to Date-Selection Page

Town of Cranberry Isles
Planning Board Meeting
July 24, 2007
Great Cranberry Island Firehouse

Attendance:
Steve Philbrook, Chairman
Bill Dowling, Planning Board
Bruce Komusin, Planning Board
Sally Rowan, Planning Board
Kimberly Keene, Code Enforcement Officer
Nan Hadlock, Deputy Clerk
Joanne Thormann
Charlene Allen
Johnna Mathews
Leslie Watson
Karin Whitney
Malcolm Donald
Harvey Bunker
Tom Watson
I. Call to Order: 6:30 P.M. by Chairman Steve Philbrook.
II. Review / Approval 09/13/06 Meeting Minutes
The date of the TCI Shoreland Ordinance is written incorrectly.
Review Application, first paragraph: correction of date for TCI Shoreland Ordinance to June 1974.
Bill Dowling moves to accept the minutes with the above correction. Sally Rowan seconds the motion. (4-0) Motion passes.
III. Review Application:
Eve Harrison
Tax Map 10, Lot 26, Great Cranberry Island
Single Family Residential Dwelling, Driveway and Parking Area
Tax Map 10, Lot 26 falls within the Water Dependent Commercial / Residential District. Sections IX (E), X, and XI of the TCI Land Use Ordinance for the Shorelands will be considered for this application. The proposed dwelling will be a two story plus a cupola type structure, with a partial concrete basement. An attached garage placed in the basement is also proposed. The structure will be 22’ x 26’ building with a new addition of 14’x 14’. The applicant has received a septic permit from the TCI Code Enforcement Officer, Kimberly Keene, and a Department of Army Corps of Engineers permit for authorization to fill freshwater wetlands adjacent to “The Pool” off Dog Point Road on Great Cranberry Island at Cranberry Isles, Maine in conjunction with construction of a residence and the modification of a previously authorized access road and parking area. The Department of Environmental Protection has authorized the applicant to construct a home and driveway, subject to the Standard Conditions of Approval and all applicable standards and regulations. In October, 2006, the applicant received an Army Corps of Engineers permit and a permit from the TCI Code Enforcement Officer for a temporary and seasonal ramp and float with a gravel access road and parking area. (Front yards 25’- Center of Town Road, side yards 25’ and Rear yards 100’- Non-water dependent uses/building). Book 4543, pages 303-304 of the Hancock County Registry of Deeds shows ownership of the lot to Eve D. Harrison. H.L. Bunker is the contractor for the proposed project, Eve Harrison the architect and MCM Electric is the electrical contractor.
Section IX, Area, Setback and Coverage Minimums
Land Use Ordinance for the Shorelands, Town of Cranberry Isles

Subsection E, Water Dependent Commercial / Residential District
1. Minimum frontage on abutting shore: on shore 75 feet
The non-conforming lot existed before the passage of the Shorelands Ordinance in 1974. The CEO title search shows the lot as of September 04, 1972. The lot does not have to meet the minimum frontage, but for the record the plan submitted shows that it does.
2. Maximum area of lot covered by buildings, including accessory buildings, parking lots and other non-vegetated surfaces: 70% for functionally water dependent uses, 70% for mixed use, 20% residential use.
CEO lot calculations show approximately 13.5% of the lot is intended to be covered by buildings. The applicant states at today’s meeting that she is intending to use the lot as mixed use. The applicant also states that she is “not applying for anything commercial.” Section VIII of the TCI Shorelands Ordinance, Uses Permitted, requires a permit granted by the Planning Board for mixed use, allowed only to provide a combination of residential and functionally water dependent uses. Section XIV, Definitions, of the TCI Shorelands Ordinance defines Functionally Water-Dependent Uses: Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot be reasonable located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. The applicant states that her permit for a seasonal dock, granted by the CEO, will qualify for mixed use as a recreational boating facility. The question is whether the application qualifies as mixed use as the TCI Shorelands Ordinance does not specify a private seasonal dock as a mixed use.
Steve Philbrook moves to table a decision by the planning board for section IX, subsection E., # 2, maximum area of lot covered… , to seek technical and legal advice for further clarification of mixed use under the Water Dependent Commercial Residential District. Bill Dowling seconds the motion. (4-0) Motion passes.
3. Setbacks for buildings (except for functionally water dependent uses);
-from normal high water, 100 feet
-from center line of town roads, 25 feet
-from any other property lines, 25 feet

Steve Philbrook moves that the application meets the guidelines for setbacks for buildings. Bill Dowling seconds the motion. (4-0) Motion passes.
4. Minimum distance between principal buildings on the same lot: 15 feet
Not applicable as there is only one building proposed.
5. Height restriction for principal and accessory structures: 2½ stories, no part higher than 40 feet
Ms. Harrison states that “the plans are not final.” No elevations are included on the application.
Bruce Komusin moves to conditionally approve, assuming that the final product would be no higher than 40 feet tall. Steve Philbrook seconds the motion. (4-0) Motion passes.
6. Parking setbacks for functionally water dependent uses, 25 feet from normal high water.
Bill Dowling moves to table a decision by the Planning Board on parking setbacks until a functionally water dependent use is determined. Sally Rowan seconds the motion. (4-0) Motion passes.
7. Minimum frontage for residential uses shall be 200 feet on the abutting shore
Not applicable.
8. Minimum lot size for residential uses shall be 1 acre
Not applicable.
Section XI. Land Use Standards
A. Agriculture
Steve Philbrook moves that the agriculture standard is not applicable to this application. Sally Rowan seconds the motion. (4-0) Motion passes.
B. Beach Construction
Steve Philbrook moves that the beach construction standard is not applicable to this application. Bill Dowling seconds the motion. (4-0) Motion passes.
C. Campgrounds and Individual Campsites
Steve Philbrook moves that the campgrounds and individual campsites standard is not applicable to this application. Bill Dowling seconds the motion. (4-0) Motion passes.
D. Clearing of Vegetation
Steve Philbrook moves that the clearing of vegetation standard is met for this application. Bruce Komusin seconds the motion. (4-0) Motion passes.
E. Erosion and Sedimentation Control
A written plan for sedimentation and erosion control is submitted with the application.
Steve Philbrook moves that the application meets the requirements for erosion and sedimentation control standards. Bill Dowling seconds the motion. (4-0) Motion passes.
F. Mineral Exploration and Extraction
Steve Philbrook moves that the mineral exploration and extraction standard is not applicable to this application. Sally Rowan 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 application being considered is for a one family residential building.
Steve Philbrook moves that the standard does not apply for Piers, Docks,…
Sally Rowan seconds the motion. (4-0) Motion passes.
H. Road Construction
Sally Rowan moves that the standard for road construction is not applicable for the application. Bill Dowling seconds the motion. (4-0) Motion passes.
I. Signs
Steve Philbrook moves that the standard for signs is not applicable to the application. Bill Dowling seconds the motion. (4-0) Motion passes.
J. Storm Water Runoff
Steve Philbrook moves that this project meets the standards for storm water runoff. Sally Rowan seconds the motion.
(3-0, with one abstaining) Motion passes.
K. Septic Waste Disposal
A subsurface Wastewater Disposal System Application has been approved by the Code Enforcement Officer on 07/20/07.
Steve Philbrook moves that the application meets the requirements for septic waste disposal. Bill Dowling seconds the motion. (4-0) Motion passes.
L. Essential Services
Steve Philbrook moves that the essential services standard is not applicable to this application. B ill Dowling seconds the motion, (4-0) Motion passes.
M. Timber Harvesting
Steve Philbrook moves that the standard for timber harvesting is not applicable to this application. Bruce Komusin seconds the motion. (4-0) Motion passes.
N. Soils
Bill Dowling moves that the application meets the requirements for the soils standard. Steve Philbrook seconds the motion. (4-0) Motion passes.
O. Water Quality
Steve Philbrook moves that the application meets the requirements for the water quality standard. Bill Dowling seconds the motion. (4-0) Motion passes.
P. Archaeological Sites
Steve Philbrook moves that the archaeological sites standard is not applicable for this application. Bill Dowling seconds the motion. (4-0) Motion passes.

Steve Philbrook moves to table further discussion on the Eve Harrison application until the next meeting, tentatively scheduled for August 07, 2007, in order to seek technical and legal advice. Bill Dowling seconds the motion. (4-0) Motion passes.
IV. Other Business
• New Amendments to Chapter 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances must be incorporated in all municipalities’ shoreland zoning ordinances by 2008. The Town Clerk wishes to inform the planning board that the proposed amendment to the Cranberry Isles Land Use Ordinance for the Shorelands must be ready for printing of the town report by January 2008. An ordinance review committee is planned to be appointed and Hancock County Planning Commission will be asked for help in implementing the new guidelines.
V. Adjournment: 8:55 P.M.
Steve Philbrook moves to adjourn today’s meeting in anticipation of reviewing the Eve Harrison application at a future date to be determined, following the receipt of technical and legal advice. Bill Dowling seconds the motion. (4-0) Motion passes.

Return to Date-Selection Page