met. (Andrews/Ashmore) 3-0
Notes:
6C SHORELAND ZONING STANDARDS FOR REVIEW BY PLANNING BOARD
Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if
applicable.
□ N/A: Findings of Fact: The proposed lot is entirely outside the Shoreland Zone.
VOTE: Findings of Facts -
Conclusion of Law: Section 6C is not applicable.
VOTE: Conclusion of Law -
6C.1 Agriculture and Animal Husbandry See notes below See Application X N/A
6C.2 |
Archeological sites |
See notes below |
gn="left" style="text-align:left;">color:#000000;border-collapse:collapse;">6C.9 |
Roads and Driveways |
See notes below |
X See Application |
N/A |
6C.11 |
Timber Harvesting |
See notes below |
e="text-align:left;"> See notes below |
X See Application |
N/A |
X N/A (Except for Section(s): 6C.___9, 12___________________________)
Findings of Fact(s): The proposed use will include none of the specific activities or land uses described in section 6C, except for Applicable Sections(s) noted above.
Conclusion of Law: Section 6C is not applicable, except for
Sections(s):6C.__9, 12, for which standards are met.______
VOTE: Findings of Facts and Conclusion of Law (Hanley/Ashmore) 3-0
Notes:
Conditional Use Approval Application # 009-2015
OWNER(S): Deep Cove Holdings, LLC
AGENT(S): Greg Johnston, G.F. Johnston & Associates
LOCATION: 673 Indian Point Road
TAX MAP(S): 012 LOT(S): 006 ZONES(S): Shoreland Residential Three (SR3) and Resource Protection (RP)
PURPOSE: Section 3.4 – Non-Commercial – Outdoor Recreational Facilities – Tennis Court & Croquet Court
SITE INSPECTION: 3:30 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 |
N/A |
X 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 |
N/A |
X 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 |
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: #009-2015
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
(Ashmore/Andrews) 3-0
APPLICATION
APPROVED: 5/27/2015 DENIED:
(Date) (Date)
NOTE: The holder of a Conditional Use Permit/Approval must construct and operate the approved conditional use as applied for and as represented during the permitting process to the Planning Board.
NOTE: The Land Use Zoning Ordinance requires that a Conditional Use Permit/Approval must be undertaken within one year from the date of approval, or a new permit must be obtained.
THE MINUTES OF THIS PUBLIC HEARING CONSTITUTE A PART OF THE RECORD FOR THIS MATTER
SIGNATURES OF ALL VOTING BOARD MEMBERS:
William Hanley Lili Andrews
William Hanley , Chairman Lili Andrews, Secretary
David Ashmore
David Ashmore Meredith Randolph
ORIGINAL SIGNATURES ON FILE
Dennis Kiley
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