OWNER(S) NAME: Mimi Mooers
AGENT(S): Rick Mooers
LOCATION: 9 Althea’s Way, Mount Desert
TAX MAP: 019 LOT(S): 012 -003 ZONE(S): Shoreland Residential Two (SR2)
PURPOSE: Reconstruction or Replacement of an existing Single Family
Dwelling, including all Utilities
SITE INSPECTION: 3:00PM
Section 4.3.3
Section 4.3.3. Reconstruction or Replacement. Any non-conforming structure which is located less than the required setback from a water body, tributary stream, wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure, as determined by an appraiser, before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within eighteen (18) months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or Code Enforcement Officer in accordance with the purposes of this Ordinance. In no case shall
a structure be reconstructed or replaced so as to increase its non-conformity.
If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 4.3.1 (over), as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 4.3.2 (attached).
Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value as determined by an appraiser, or damaged or destroyed by 50% or less of the market value as determined by an appraiser the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction, or removal.
In determining whether the structure reconstruction or replacement meets the setback to the greatest practical extent the Planning Board shall consider, in addition to the criteria in Section 4.3.3 (over), the physical condition and type of foundation present, if any.
Findings of Fact(s): Sections 4.3.1 & 4.3.2 standards have been met. Structure being replaced and exceeds more than 50% of market value.
(Hanley/Kiley) 3-0
Conclusion of Law: Standard Met
(Hanley/Kiley) 3-0
Section 4.3.1
Expansions in the shoreland zone(s). A non-conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the non-conformity of the structure and is in accordance with subparagraphs 1 and 2 & 3 below.
1. 30% Limit. After January 1, 1989 if any portion of a structure is less than the required setback from the normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded, as measured in floor area or volume, by more than 30%, during the lifetime of the structure.
2. Expansion of Replacement Structure. If a replacement structure conforms with the requirements of Section 4.3.3, and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area and volume since that date.
3. Foundation. Whenever a new, enlarged, or replacement foundation is constructed under a non-conforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or Code Enforcement Officer, basing its decision on the criteria specified in Section 4.3.2 Relocation.
Findings of Fact(s): 1 – Neither area or volume expanding more than 25% 2 – Has not been previously expanded 3 – Setback requirement met to greatest practical extent due to existing
topography. (Hanley/Kiley) 3-0
Conclusion of Law: Standard Met
(Hanley/Kiley)
3-0
Section 4.3.2
Relocation. A non-conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules, or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more non-conforming.
In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required in the shoreland zone
only, as follows:
- Trees removed in order to relocate a structure must be replanted with at least one native tree, three (3) feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed.
Other woody and herbaceous vegetation, and ground cover, that are removed or destroyed in order to relocate a structure must be re-established. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.
2. Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.
Findings of Fact(s): Due to existing topography & meeting standards of 4.3.1 building cannot be relocated.
(Hanley/Kiley) 3-0
Conclusion of Law: Standard Met
(Hanley/Kiley) 3-0
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