Conditional Use Approval Application #006-2011
OWNER(S): Edith Dunham et als. (1/2) Int. &
Justin W. Heatter (1/2) Int.
AGENT(S): Alexa Davis & Abigale Parker
LOCATION: Upper Dunbar Road, Seal Harbor
TAX MAP: 31 LOT(S): 99 ZONE(S): VR1 – Village Residential 1
PURPOSE: Section 3.4 – Commercial Horticulture
SITE INSPECTION: 4:00 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
Section 6B starts on page 10.
Section 6C starts on page 21.
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): 1.0 Acres – Land Area
Green House – 8’ X 10’
Visual Impact:
Findings of Fact(s): There is a deer fence, green house, and tent/stand that will be visible from the road.
Proximity to other structures:
Findings of Fact(s): Nearest other structure is about 50’ away
Density of Development:
Findings of Fact(s): Largely developed residential area.
VOTE: Findings of Facts as written 4 – 0 (Clunan/Miller)
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 4 – 0 (Miller/Clunan)
6A. 2 Erosion Control X N/A: Findings of Fact(s): The proposed use will cause no disturbance of the soil.
VOTE: Findings of Facts 4 – 0 (Clunan/Miller)
Conclusion of Law: Section 6A.2 is not applicable.
VOTE: Conclusion of Law 4 – 0 (Clunan/Miller)
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.
Findings of Fact(s): Upper Dunbar is a public road. The business is not expected to generate significant vehicular traffic.
VOTE: Findings of Facts 4 – 0 (Miller/Clunan)
Conclusion of Law: The proposed use will 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.
VOTE: Conclusion of Law 4 – 0 (Miller/Clunan)
Sufficient off-street parking shall be available.
Findings of Fact(s): Adequate parking is available in a small lot on site.
VOTE: Findings of Facts 4 – 0 (Clunan/Miller)
Conclusion of Law: Sufficient off-street parking will be available:
VOTE: Conclusion of Law 4 – 0 (Clunan/Miller)
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): Applicants will use existing spigot connected to town water. No use of sewer
VOTE: Findings of Facts 4 – 0 (Clunan/Miller)
Conclusion of Law: The proposed use of commercial horticulture will not unduly burden the capacity of the Town's facilities.
VOTE: Conclusion of Law 4 – 0 (Clunan/Miller)
6A. 5 Land Suitability 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, and water pollution, whether during or after construction …
Findings of Fact(s): The property has been farmed in the past. The only structures are small and temporary.
VOTE: Findings of Facts 4 – 0 (Clunan/Miller)
Conclusion of Law: Proposed land use of commercial horticulture will be located on soils so as to not causing adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction.
VOTE: Conclusion of Law 4 – 0 (Clunan/Miller)
6A. 6 Lighting – Outdoor X N/A: Findings of Fact(s): The proposed use will include no outdoor lighting.
VOTE: Findings of Facts 4 – 0 (Clunan/Miller)
Conclusion of Law: Section 6A.6 is not applicable.
VOTE: Conclusion of Law 4 – 0 (Miller/Clunan)
6A. 7 Stormwater X N/A Findings of Fact(s): The lot is not within 75 feet of a water body with drainage toward the water body, nor on slopes of 25% or greater, nor in a shoreland district.
VOTE: Findings of Facts 4 – 0 (Miller/Clunan)
Conclusion of Law: Section 6A.7 is not applicable.
VOTE: Conclusion of Law 4 – 0 (Miller/Clunan)
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 4 – 0 (Miller/Clunan)
Conclusion of Law: Section 6A.8 is not applicable.
VOTE: Conclusion of Law 4 – 0 (Miller/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): The lot has been historically farmed.
VOTE: Findings of Facts 4 – 0 (Miller/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 4 – 0 (Miller/Clunan)
6A. 10 Nuisances 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; able, Standard Not Met
Dust; X N/A
Roto Tilling/Weed Whacking/Mowing will be the only noisy activities. There will be no use of manure.
No animal materials in compost.
VOTE: Findings of Facts 4 – 0 (Clunan/Miller)
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 4 – 0 (Miller/Clunan)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture X N/A ; N/A CEO Authority
6B.11 Lots N/A CEO Authority
6B.12 Manufactured Homes N/A CEO Authority
6B.13 Mineral Exploration and Extraction X N/A B.
Findings of Fact(s): The proposed use will include none of the specific activities or land uses described in section 6B.
VOTE: Findings of Facts 4 – 0 (Miller/Clunan)
Conclusion of Law: Section 6B is not applicable.
VOTE: Conclusion of Law 4 – 0 (Clunan/Miller)
6C SHORELAND ZONING STANDARDS
Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if
applicable.
X N/A: All of Sections 6C.
Findings of Fact: The proposed lot is entirely outside the Shoreland Zone.
VOTE: Findings of Facts 4 – 0 (Andrews/Clunan)
Conclusion of Law: Section 6C is not applicable.
VOTE: Conclusion of Law 4 – 0 (Miller/Clunan)
CONDITIONAL USE PERMIT/approval
APPLICATION: 006-2011
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
Applicants will not be permitted to use manure or other animal/fish waste.
Vote 4-0 (Miller/Clunan)
APPLICATION
APPROVED: - April 25, 2011 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:
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