Conditional Use Approval Application #029-2014
OWNER(S): Three Sheets to the Wind, LLC
APPLICANT(S): David W. Granston, d/b/a Always Green Landscaping
AGENT(S): Katrina Carter
LOCATION: 10 Neighborhood Road, Northeast Harbor
TAX MAP: 024 LOT(S): 019 ZONE(S): Village Commercial (VC)
PURPOSE: Section 3.4 – Services 3 (not wholly enclosed)
SITE INSPECTION: 3:30PM
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
Section 6B starts on page 9.
Section 6C starts on page 23.
6A GENERAL PERFORMANCE STANDARDS
6A. 1 Compatibility The proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its:
Physical Size:
Findings of Fact(s): Approximately 70’ by 100’ lot, with building (70’x24’)
Visual Impact:
Findings of Fact(s): Applicant will improve visual appearance of lot with landscaping.
Nothing stored outside except registered vehicles.
Applicant will have 3 trucks and 2 trailers onsite (no vehicle larger than a one-ton)
Proximity to other structures:
Findings of Fact(s): In-town lot
Density of Development:
Findings of Fact(s): Consistent with Village Commercial District
VOTE: Findings of Facts (Andrews/Randolph) 5-0
Conclusion of Law for s. 6A. 1 Compatibility: The proposed use will / will not be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, visual impact, proximity to other structures, and density of development.
In particular,
VOTE: Conclusion of Law (Hanley/Ashmore) 5-0
6A. 2 Erosion and Sedimentation Control
X N/A: Findings of Fact(s): The proposed use will cause no disturbance of the soil.
VOTE: Findings of Facts (Randolph/Ashmore) 5-0
Conclusion of Law: Section 6A.2 is not applicable.
VOTE: Conclusion of Law (Randolph/Ashmore) 5-0
6A. 3 Highway Safety: The proposed use shall not cause unreasonable congestion on highways or public roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed. Sufficient off-street parking shall be available.
Findings of Fact(s):
Highways or public roads: Applicant will consult with Public Works Dept. regarding clarification of access points on road offsite and sidewalk improvements
Traffic in and out of site will be light.
VOTE: Findings of Facts (Randolph/Hanley) 5-0
Off-street parking: Adequate onsite parking, plus parking available at municipal lot across Neighborhood Road.
VOTE: Findings of Facts (Randolph/Hanley) 5-0
Conclusion of Law: Standards of Sections 6A.3 have/have not been met.
VOTE: Conclusion of Law (Randolph/Hanley) 5-0
6A. 4 Impact on Town Services. The proposed use shall not unduly burden the capacity of the Town's facilities, including public water and sewage, or the ability of the Town to provide essential public services (such as, but not limited to, schools, fire and police protection, refuse collection, and parking) to its residents and visitors.
Findings of Fact(s): Light commercial activity will occur on site.
VOTE: Findings of Facts (Randolph/Ashmore) 5-0
Conclusion of Law: The proposed use will / will not unduly burden the capacity of the Town's facilities. [In particular, an undue burden will be placed upon]
VOTE: Conclusion of Law (Randolph/Ashmore) 5-0
6A. 5 Land Suitability: All uses to be on suitable soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction.
Findings of Fact(s): Existing conditions; no land disturbance
VOTE: Findings of Facts (Hanley/Ashmore) 5-0
Conclusion of Law: Proposed use will / will not be located on soils so as to cause adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction.
VOTE: Conclusion of Law (Hanley/Ashmore) 5-0
6A. 6 Lighting – Outdoor
X Applicable □ N/A:
1. Full cutoff. All lights greater than *1800 lumens (a 100 watt incandescent light produces 1800 lumens) shall be shielded to direct all light towards the ground.
2. Light trespass. All light shall be directed away from adjacent properties. The light sources in flood and spot lights shall not be directly visible from adjacent properties. High intensity light sources shall not be directly visible to motorists on public roads.
3. Excessive Lighting may not be used to direct attention away from existing business and community lighting.
1. The lighting of structural canopies such as gas station canopies shall not be used to attract attention to the business. Areas under structural canopies shall be illuminated so that the uniformity ratio (ratio of average to minimum illumination) shall be no greater than 5:1 with an average illumination level of not more than 30 foot candles.
2. Light fixtures located on structural canopies shall be mounted so that the lens cover is recessed or flush with the ceiling of the canopy.
Findings of Fact(s): No new exterior lighting proposed.
VOTE: Findings of Facts (Hanley/Ashmore) 5-0
Conclusion of Law: Section 6A.6 Not Applicable.
VOTE: Conclusion of Law (Hanley/Ashmore) 5-0
6A. 7 Stormwater: For development on all lots the applicant shall submit a Stormwater Management Plan which demonstrates to the satisfaction of the Code Enforcement Officer that stormwater runoff has been minimized, and will not excessively exceed natural predevelopment conditions.
Findings of Fact(s): CEO has / has not received a storm water plan which meets the standards of Section 6A.7. Not Applicable
VOTE: Findings of Facts (Hanley/Randolph) 5-0
Conclusion of Law: Standards of Section 6A.7 have / have not been met. Not Applicable
VOTE: Conclusion of Law (Hanley/Randolph) 5-0
6A. 8 Vegetation X N/A: Findings of Fact(s): The proposed use will include no clearing of trees or conversion to other vegetation.
VOTE: Findings of Facts (Hanley/Randolph) 5-0
Conclusion of Law: Section 6A.8 is not applicable.
VOTE: Conclusion of Law (Hanley/Randolph) 5-0
6A. 9 Dust, Fumes, Vapors, Odors and Gases
Emission of dust, fly ash, fumes, vapors, odors or gases which could damage human health, animals, vegetation, or property, or which could soil or stain persons or property, at any point beyond the lot line of the establishment creating that emission shall comply with applicable Federal and State regulations.
Findings of Fact(s): Not Applicable
VOTE: Findings of Facts (Randolph/Ashmore) 5-0
Conclusion of Law: Not Applicable
VOTE: Conclusion of Law (Randolph/Ashmore) 5-0
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
FOR REVIEW BY PLANNING BOARD
6B.1 Agriculture X N/A Applicable
6B.2 Air Landing Sites X N/A Applicable
6B.7 Excavation (other than gravel pits) or filling X N/A Applicable
6B.8 Fences and Walls X N/A Applicable
6B.12 Mineral Exploration and Extraction X N/A Applicable
6B.15 Sign Regulations N/A X Applicable
6B.17 Wireless Communication Facilities X N/A Applicable
X N/A (Except for Section(s): 6B._15______________________________)
6B.15 Sign Regulations
Size limit. No sign (except banners) shall exceed thirty-two (32) square feet in area. Nor shall the aggregate of all signs on site pertaining to any business exceed thirty-two (32) square feet in area unless Conditional Use Approval of the Planning Board is obtained. In shoreland areas, no sign shall extend higher than twenty (20) feet above the ground.
Roof signs. Roof signs shall not be permitted except after the issuance of Conditional Use Approval of the Planning Board. No roof sign shall extend above the roof line of the building.
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 Size less than 32 sf. (Hanley/Ashmore) 5-0
Conclusion of Law: Section 6B is not applicable, except for Sections(s):6B. 15 Standard Met_________________ ____
VOTE: Conclusion of Law (Hanley/Ashmore) 5-0
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.
X N/A: Findings of Fact: The proposed lot is entirely outside the Shoreland Zone.
VOTE: Findings of Facts (Randolph/Hanley) 5-0
Conclusion of Law: Section 6C is not applicable.
VOTE: Conclusion of Law (Randolph/Hanley) 5-0
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: #029-2014
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
Nothing will be stored outside on the site except registered vehicles; vehicles stored onsite
Limited to three trucks, no large than one-ton each, and two trailers.
(Hanley/Randolph) 5-0
APPLICATION
APPROVED: 12/10/14 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.
MINUTES OF THIS PUBLIC HEARING CONSTITUTE A PART OF THE RECORD FOR THIS MATTER
SIGNATURES OF ALL VOTING BOARD MEMBERS:
Ellen Brawley, Chairman Lili Andrews, Secretary
William Hanley Dennis Kiley
David Ashmore Meredith Randolph
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