Planning Board Meeting Minutes June 17, 2008

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Planning Board Meeting Minutes
June 17, 2008
Cranberry Island Community Center

Attendance:
Steve Philbrook, Chairman, Planning Board
Mike Westphal, Planning Board
Bill Dowling, Planning Board
Sam Hyler, Planning Board
Nanette Hadlock, Deputy Clerk
I. Call to order: 6:04 P.M. by Chairman Steve Philbrook.
II. Review / Approval April 30, 2008 Planning Board Minutes
Steve Philbrook moves to postpone review and approval the April 30, 2008 Planning Board Minutes until the next meeting. Bill Dowling seconds the motion. (4-0) Motion passes.
III. Review Application:
Robert Liebow
Map 14, Lot 22
Great Cranberry Island
Water Dependent Commercial / Residential Zone
Shoreland Stabilization

The Planning Board is here to consider an after the fact permit for shoreland stabilization. The application states that the project will entail five dump truck loads, (approximately 50-60 yards), of rocks added to the top of existing seawall to prevent further erosion of edge of property. Two loads of the rock were delivered to the site by Gott’s and three more loads are pending. Attached photos which are reviewed by the Planning Board show the existing wall which has been in place for over 60 years; the areas intended to shore up along the top edge where the wall meets the grass and also show two of the five delivered loads of stone for the work. A June 06, 2008 letter from the Department of Environmental Protection states that no NRPA permit is needed for this project as the work done on an existing project will not be on more than half of the rip-rap. Section VIII, #26, Uses Permitted, of the TCI Land Use Ordinance for the Shorelands requires review by the Planning Board for Filling / Earth Moving of more than ten cubic yards. This property is in the Water Dependent Commercial / Residential Zone.
Section XI, Land Use Standards, of the TCI Shorelands Ordinance:
A. Agriculture
Bill Dowling moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
<B. Beach Construction
Bill Dowling moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
C. Campgrounds and Individual Campsites
Bill Dowling moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
D. Clearing of Vegetation
Bill Dowling moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
E. Erosion and Sedimentation Control
Work on this project is intended to take place from the land side.
Mike Westphal moves that the proposed project meets requirements of this standard. Bill Dowling seconds the motion. (4-0) Motion passes.
F. Mineral Exploration and Extraction
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal 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
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion.
(4-0) Motion passes.
H. Road Construction
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
I. Signs
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
J. Storm Water Runoff
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
K. Septic Waste Disposal
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
L. Essential Services
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
M. Timber Harvesting
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
N. Soils
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
O. Water Quality
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
P. Archeological Sites
Sam Hyler moves that this standard does not apply to the proposed project. Mike Westphal seconds the motion. (4-0) Motion passes.
Section XII, D, Administration, Performance Standards of the TCI Land Use Ordinance for the Shorelands
1. Will maintain safe and healthful conditions
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
2. Will not result in erosion or sedimentation
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
3. Will not result in water pollution
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
4. Will not have an adverse impact on spawning grounds
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
5. Will conserve shoreland vegetation
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
6. Will conserve visual points of access to waters as viewed from public facilities
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
7. Will conserve actual points of public access to waters
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
8. Will protect archaeological and historic resources as designated in the comprehensive plan
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
9. Will not adversely affect existing commercial fishing or maritime activities
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
10. Will avoid problems associated with flood plain development and use
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.
11. Is in conformance with the provisions of Section XI, Land Use Standards
Sam Hyler moves that the proposed project meets requirements. Bill Dowling seconds the motion. (4-0) Motion passes.

Mike Westphal moves to approve the Liebow project for shoreland stabilization on the condition that any and all state and federal permits are acquired. Bill Dowling seconds the motion. (4-0) Motion passes.
Two original copies of the decision letter are signed by the Planning Board Members and given to the Deputy Clerk. One copy is to be sent to Mr. Liebow, and one copy to go on file at the Town Office.
IV. Old Business
None at this time.
V. New Business
Steve Philbrook refers the Board to Section IX, Area, Setback and Coverage Minimums,E, 2, of the Land Use Ordinance.
This section deals with the Water Dependent Commercial / Residential District.
“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.”
Definition of Lot Area: (According to the Land Use Ordinance)
“The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.”
Maximum Area of Lot Covered: (Taken from Section IX, Land Use Ordinance)
Maximum Land Area: (i.e. Resource Protection District, Low Density Residential)
Maximum Area of Lot: (i.e. Mixed Residential District, Business District, Water Dependent Commercial / Residential District)

The Planning Board Chair has contacted Maine Municipal Association Legal Department in reference to the ambiguity of the ordinance. Two replies have been received, which both stress ambiguity in the ordinance. It appears that the Town does not have consistent language within our ordinance.
An application has been received by a Great Cranberry Landowner where the Planning Board will have to address the Area, setback, and Coverage Minimums for the Water Dependent Commercial / Residential District, which includes wetlands. The same property came to the Appeals Board for review under different ownership on October 13, 2005. According to Eve Harrison, Appeals Board Chair, “the lot size can only include land above the upland edge of a wetland area”, according to Section X, Subsections 1 & 2, of the Land Use Ordinance for the Shorelands. The Board of Appeals determined that the Applicant exceeds the 20% maximum coverage allowed for this zone. It is decided to contact the Town Attorney for advice on the intent of the ordinance. The Town Attorney will also be asked about precedence set by the Board of Appeals, and their bearing on future decisions of the Planning Board. Executive Sessions with the lawyer are allowable if needed. The Planning Board also wishes to have the Code Enforcement Officer at the next meeting for a pending application to be reviewed.
The Hancock County Planning Commission will be helping the Planning Board update the Land Use Ordinance this year. Chairman Philbrook wishes to clean up some of the ambiguity and to consistently use language in all parts of the ordinance. Any changes to the Land Use Ordinance will require public hearings and approval of the voters.
There are two pending shoreland applications for the Planning Board at this time. One application is not complete, and one will be scheduled soon.
The Planning Board wishes to tentatively schedule the next meeting for June 25, pending public notice and availability of the applicant.
VI. Adjournment: 7:15 P.M.
Steve Philbrook moves to adjourn the meeting. Mike Westphal seconds the motion. (4-0) Motion passes.

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