Conditional Use Approval Application # 002-2012
NAME: Edward McCormick Blair, Jr. 50% int. & Francis I. Blair, 50% int.
AGENT: Mohr & Seredin Landscape Architects – Stephen B. Mohr
LOCATION: 66 Manchester Road, Northeast Harbor
TAX MAP: 27 LOT: 4 ZONE(S): Shoreland Residential 2
PURPOSE: Sections 3.4 & 6B.7 – Excavation or filling in excess of 50
cubic. yards.
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): The proposed fill will raise the ground level from 0 nearest to the top of the berm to a maximum of 8 feet at one point.
Visual Impact:
Findings of Fact(s): Placement of the fill will not unduly obstruct views from the abutting property. The planting will blend fill area with surroundings.
Proximity to other structures:
Findings of Fact(s): Landscape buffer/berm is no closer than 5 feet from garage of residence to the south.
Density of Development:
Findings of Fact(s): Not Applicable – no change in existing density of development.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law for s. 6A. 1 Compatibility: The proposed use will 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.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
6A. 2 Erosion and Sedimentation Control
X Applicable (see below)
6A2.1-5 Soil Erosion Plan for unstabilized soil: Written soil erosion and sedimentation control plan required.
Findings of Fact(s): CEO has received a satisfactory written soil erosion and sedimentation plan, which addresses: development to fit topography, erosion control measures, stabilization of bare ground, and drainage ways and outlets.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: Standards of Sections 6A2.1, 6A2.2, 6A2.3 6A2.4 and 6A2.5 have been met.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
6A2.6 Removal of sand or gravel. Removal of sand or gravel from natural beaches or the disruption or removal of buffer strips that protect fragile land areas immediately behind a shoreline and on neighboring properties is prohibited.
X N/A eft" style="line-height:150%;vertical-align:150%;text-align:left;">VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Off-street parking: Adequate off-street parking is provided.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: Standards of Sections 6A.3 have been met.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
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): Not applicable – no change in use.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: The proposed use will not unduly burden the capacity of the Town's facilities.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
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): Proposed fill and grading to take place on stable, mineral composition, non-hydric soils.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: Proposed use 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 3 – 0 Andrews/Clunan
6A. 6 Lighting – Outdoor X N/A: Findings of Fact(s): The proposed use will include no outdoor lighting.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: Section 6A.6 is not applicable.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
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 received a storm water plan which meets the standards of Section 6A.7.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: Standards of Section 6A.7 have been met.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
6A. 8 Vegetation X Applicable
1. Clearing. Clearing of trees or conversion to other vegetation is allowed for permitted construction provided that:
- Appropriate measures are taken, if necessary, to prevent erosion when activity is undertaken.
- The activity is in conformity with State Mandated Shoreland Zoning.
2. Tree removal near town roads. Removal of more than 25% of the trees within 25 feet of any town or state road in any 12 month period shall require a Conditional Use Approval of the Planning Board.
- Slash. No accumulation of slash shall be left within 50 feet of any town or state road or within 50 feet of the normal high water mark of any waterbody. Slash shall be disposed of so that no part extends more than 4 feet above the ground.
4. CEO Permit. A CEO Permit is required for cutting timber larger than 4 inches in diameter measured 4 ½ feet above ground when the total amount to be cut is greater than 10 cords but less than 50 cords in any one year period.
5. Conditional Use Approval. Conditional Use Approval is required from the Planning Board for cutting timber larger than 4 inches in diameter measured 4 ½ feet above ground when the total amount to be cut is 50 cords or more in any one year period.
Findings of Fact(s): Less than 10 cords of wood to be cut. None cut adjacent to the road.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: Standards of Section 6A.8 have been met.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
6A. 9 Preserving the Town's Character The proposed use shall be consistent with protecting the general character of the Town, conserving the natural beauty of the area and shall not tend to change the historical or cultural character of the neighborhood. ~Such use shall be similar to a use specified as P, CEO or C in Section 3.4 and shall be in accord with the Comprehensive Plan.
Findings of Fact(s): No historical or cultural impact on the neighborhood. No visual incongruities between properties.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: The proposed use will be consistent with protecting the general character of the Town, will be consistent with conserving the natural beauty of the area and will not tend to change the historical or cultural character of the neighborhood. ~Such use will be similar to a use specified as P, CEO or C in Section 3.4 and will be in accord with the Comprehensive Plan.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
6A. 10 Nuisances X N/A:
Findings of Fact(s): The proposed use will include none of the nuisances listed below.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: The proposed use will not be obnoxious or offensive by reason of odors, dust, smoke, gas, fumes, vibration, noise, outdoor lighting or other nuisances.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
Notwithstanding any other standard in this section, the Planning Board shall not issue any Conditional Use Approval for any proposed use which if established would be obnoxious or offensive by reason of:
Odors; X N/A style="text-align:center;">Fumes; X N/A 0%;vertical-align:150%;text-align:left;">VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
6B. 7 Excavation (other than gravel pits) or filling Excavation or filling shall be permitted in any district only to the extent such activities are essential or are incidental to any permitted, conditional, or other lawful use. Filling, dumping, or excavation of any matter of ten (10) to less than fifty (50) cubic yards is allowed, except in the Stream Protection District where a Code Enforcement Officer permit is required, and is prohibited in the Resource Protection District. Excavation and filling, greater than fifty
(50) cubic yards shall require Conditional Use Approval of the Planning Board, and is prohibited in the Resource Protection District. Appropriate measures shall be taken to prevent erosion during or after the filling or excavation, and the applicable standards of Section 6B.13 shall be complied with. All fill permits are approved for a twelve (12) month period only and expire twelve (12) months from the date of approval. The Code Enforcement Officer may renew either the Code Enforcement Officer permit or the Conditional Use Approval for additional twelve (12) month periods.
Findings of Fact(s): See entry for 6A.2. Satisfactory erosion and sedimentation plan submitted to CEO.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: Standards of Section 6B.7 have been met.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
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.
6C.1 Agriculture X N/A ; X N/A ">5.8 STANDARDS FOR CONDITIONAL USE APPROVAL
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:
1. Will maintain safe and healthful conditions;
2. Will not result in water pollution, erosion, or sedimentation to surface waters;
3. Will adequately provide for the disposal of all wastewater;
4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;
5. Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;
6. Will protect archaeological and historic resources as designated in the comprehensive plan;
7. Will not adversely affect existing commercial fishing or maritime activities in a Shoreland Commercial district;
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.)
9. Is in conformance with the provisions of Sections 6A, 6B and 6C.
Findings of Fact(s): See entries for Sections 6A, 6B and 6C.
VOTE: Findings of Facts 3 – 0 Andrews/Clunan
Conclusion of Law: Standards of Section 5.8 have been met.
VOTE: Conclusion of Law 3 – 0 Andrews/Clunan
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: CUA# 002-2012
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
None.
3 – 0 Andrews/Clunan
APPLICATION
APPROVED: 3/12/2012 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:
Schofield Andrews, Secretary James L. Clunan
Ellen T. Brawley ORIGINAL SIGNATURES ON FILE
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