Conditional Use Approval Application # 030-2014
OWNER(S): Kindle LLC
APPLICANT(S): Beverly and Peter Orthwein, managing members
AGENT(S): GS Johnston & Associates/The Musson Group
LOCATION: 53 Harborside Road, Northeast Harbor
TAX MAP: 026 LOT(S): 032
ZONE(S): Shoreland Residential 1 (SR1)
PURPOSE: Sections 3.4 & 6.C.7 – Marine Structures
SITE VISIT: 4:00 PM
SECTION 5 CONDITIONAL USE APPROVAL
5.9 Standards
The application for Conditional Use Approval shall be approved unless the Planning Board determines that the applicant has failed to meet one or more of the standards of Section 6A and/or one or more of the applicable standards of Section 6B or 6C. In all instances, the burden of proof shall be on the applicant who must produce evidence sufficient to warrant a finding that all applicable standards have been met.
In addition, in all shoreland areas, after the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:
5.9.1 |
Will maintain safe and healthful conditions |
N/A |
X Standard Met |
Standard Not Met |
5.9.2 |
Will not result in water pollution, erosion, or sedimentation to surface waters |
N/A |
X Standard Met |
Standard Not Met |
5.9.3 |
Will adequately provide for the disposal of all wastewater |
X N/A |
Standard Met |
Standard Not Met |
5.9.4 |
Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat |
N/A |
X Standard Met |
Standard Not Met |
5.9.5 |
Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters |
N/A |
X Standard Met |
Standard Not Met |
5.9.6 |
Will protect archaeological and historic resources as designated in the comprehensive plan |
X N/A |
Standard Met |
Standard Not Met |
5.9.7 |
Will not adversely affect existing commercial fishing or maritime activities in a Shoreland Commercial district |
N/A |
X Standard Met |
Standard Not Met |
5.9.8 |
Will avoid problems associated with floodplain development and use; (In compliance with Floodplain Management Ordinance of the Town of Mount Desert – Amended March 7, 2006.) |
N/A |
X Standard Met |
Standard Not Met |
5.9.9 |
Is in conformance with the provisions of Sections 6A, 6B and 6C |
N/A |
X Standard Met |
Standard Not Met |
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Findings of Fact(s): See Above
VOTE: Findings of Facts - (Kiley/Randolph) 5-0
Conclusion of Law: All requirements for Section 5.9 have / have not been met based on
Findings of Fact.
VOTE: Conclusion of Law - (Kiley/Randolph) 5-0
1/14/2015
(Date)
SIGNATURES OF ALL VOTING BOARD MEMBERS:
Ellen Brawley Dennis Kiley
Lili Andrews Meredith Randolph
David Ashmore ORIGINAL SIGNATURES ON FILE
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