Conditional Use Approval Application # 004-2014
NAME: The Harbor Club
AGENT: John DaCorte
LOCATION: 11 Dodge Point Road, Seal Harbor
TAX MAP: 003 LOT(S): 012 ZONE(S): Shoreland Residential 2 (SR2)
PURPOSE: Section 3.4 – Commercial Outdoor Recreational Facilities
SITE INSPECTION: 3:45 PM
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 X See Application N/A
6A.3 Highway Safety See notes below X See Application N/A
6A.4 Impact on Town Services See notes below X See Application N/A
6A.5 Land Suitability See notes below X See Application N/A
6A.6 Lighting - Outdoor See notes below X See Application N/A
6A.7 Stormwater See notes below X See Application N/A
6A.8 Vegetation See notes below X See Application N/A
6A.9 Preserving the Town’s Character See notes below X See Application N/A
6A.10 Nuisances See notes below X See Application N/A
Findings of Fact(s): The findings of fact are as presented by the applicant (see attached application and/or notes below).
VOTE: Findings of Facts Hanley/Ashmore (3-0)__________
Conclusion of Law: The proposed use is in compliance with all standards of Section 6A.
VOTE: Conclusion of Law Hanley/Ashmore (3-0)___________
Notes: __________________________________________________________________ ________________________________________________ ________________________________________________________________________
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture X N/A Applicable, see below
6B.2 Air Landing Sites X N/A Applicable, see below
6B.7 Excavation (other than gravel pits) or filling X N/A Applicable, see below
6B.8 Fences and Walls N/A X Applicable, see below
6B.12 Mineral Exploration and Extraction X N/A Applicable, see below
6B.15 Sign Regulations X N/A Applicable, see below
6B.17 Wireless Communication Facilities X N/A Applicable, see below
X N/A (Except for Section(s): 6B. 8)
Findings of Fact(s): The proposed use will include none of the specific activities or land uses described in section 6B, except for Applicable Sections(s) noted above.
VOTE: Findings of Facts Hanley/Ashmore (3-0)
Conclusion of Law: Section 6B is not applicable, except for Sections(s):6B._8, and meets standards___________ ____
VOTE: Conclusion of Law Hanley/Ashmore (3-0)
Notes:
6B.8 – Stockade fence, matching existing, not to exceed 7’0”.
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 X N/A Applicable, see below
6C.2 Archeological sites N/A X Applicable, see below
6C.5 Essential Services X N/A Applicable, see below
6C.6 Parking Areas X N/A Applicable, see below
6C.7 Marine and Freshwater Structure Standards X N/A Applicable, see below
6C.9 Roads and Driveways X N/A Applicable, see below
6C.11 Timber Harvesting X N/A Applicable, see below
6C.12 Water Quality X N/A Applicable, see below
X N/A (Except for Section(s): 6C.2)
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: Based on above findings of fact, standards of 6C are met.
Sections(s):6C.2
VOTE: Findings of Facts and Conclusion of Law Hanley/Ashmore (3-0)
Notes:
6C.2 – See attachment #4.
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: 20134-004________
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
Vote to approve 3-0
APPLICATION
APPROVED: _3/12/2014______ 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:
Ellen Brawley
William Hanley ORIGINAL SIGNATURES ON FILE
David Ashmore
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