Mount Desert, ME - Planning Board Meeting Minutes - 09/09/15 Section 6 CUA Harbor Club

Planning Board Meeting Minutes - 09/09/15 Section 6 CUA Harbor Club

Conditional Use Approval Application # 014-2015

OWNER(S): The Harbor Club

AGENT(S): John DaCorte

LOCATION: 11 Dodge Point Road, Seal Harbor

TAX MAP: 003 Lot(S): 012 ZONE(S): Shoreland Residential Two (SR2)

PURPOSE: Sections 3.4 & 6C.7 Marine and Freshwater Structure

Performance Standards

SITE INSPECTION: 4:15PM

Checklist

Land Use Zoning Ordinance of the Town of Mount Desert

** Note: All Conclusions of Law are to be read as if they are prefaced by the words “Based upon said Findings of Fact …”

SECTION 6 STANDARDS FOR USES, PERMITS AND APPROVALS

FOR REVIEW BY PLANNING BOARD

6A GENERAL PERFORMANCE STANDARDS

6A.1

Compatibility

See notes below

X See Application

N/A

6A.2

Erosion and Sedimentation Control

See notes below

ce="Garamond" size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">6A.4

Impact on Town Services

See notes below

e="font-family:Garamond;font-size:9pt;color:#000000;"> See notes below

le="font-family:Garamond;font-size:9pt;color:#000000;">X N/A

6A.9

Dust, Fumes, Vapors, Odors and Gases 

See notes below

nbsp;

Notes:

6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES

6B.1

Agriculture

See notes below

amond" size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">Air Landing Sites

See notes below

ont-family:Garamond;font-size:9pt;color:#000000;">style="font-family:Garamond;font-size:9pt;color:#000000;">6B.17

Wireless Communication Facilities

See notes below

p; (Andrews/Hanley) 5-0

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	X See Application	N/A
6C.5	Essential Services	See notes below	X See Application	N/A
6C.6	Parking Areas	See notes below	0;border-collapse:collapse;"> 6C.9	Roads and Driveways	See notes below	> See notes below	X See Application	N/A

X N/A (Except for Section(s): 6C.___2, 5, 7, 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.________________________________________________

VOTE: Findings of Facts and Conclusion of Law (Hanley/Kiley) 5-0

Notes:

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	X N/A	See Application	Standard Not Met
5.9.2	Will not result in water pollution, erosion, or sedimentation to surface waters	N/A	X See Application	Standard Not Met
5.9.3	Will adequately provide for the disposal of all wastewater	X N/A	See Application	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 See Application	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 See Application	Standard Not Met
5.9.6	Will protect archaeological and historic resources as designated in the comprehensive plan	N/A	X See Application	Standard Not Met
5.9.7	Will not adversely affect existing commercial fishing or maritime activities in a Shoreland Commercial district	X N/A	See Application	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 See Application	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

Findings of Fact(s): (Hanley/Kiley) 5-0

Conclusion of Law: All requirements for Section 5.9 have ~~/ have not~~ been met.

VOTE: Conclusion of Law (Hanley/Kiley) 5-0

FOR BOARD USE

CONDITIONAL USE PERMIT/approval

APPLICATION: #014-2015

PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:

Application is in accordance to standards of Section 5.9.

(Kiley/Randolph) 5-0

APPLICATION

APPROVED: 09/09/2015 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 Meredith Randoplh

David Ashmore Meredith Randolph

Dennis Kiley