Conditional Use Approval Application #005-2011
OWNER(S): Mount Desert Yacht Yard Inc.
LEASEE: Morris Yachts
AGENT(S): Noel Musson, CES Inc.
LOCATION: 14 Harbor Drive, Northeast Harbor
TAX MAP: 26 LOT(S): 46 ZONE(S): SC – Shoreland Commercial
PURPOSE: Change of use from boat service/repair facility to a Marina. Expand existing float system.
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. Adding 2 6’X40’ floats as shown in application.
2. There are many similarly sized floats in the immediate area.
Visual Impact:
Findings of Fact(s): See above Finding of Facts.
Proximity to other structures:
Findings of Fact(s): See above Finding of Facts.
Density of Development:
Findings of Fact(s): See above Finding of Facts.
VOTE: Findings of Facts 4-0 (Tracy/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 4-0 (Tracy/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/Tracy)
Conclusion of Law: Section 6A.2 is not applicable.
VOTE: Conclusion of Law 4-0 (Clunan/Tracy)
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): Minimal increase in auto traffic will occur.
VOTE: Findings of Facts 4-0 (Clunan/Tracy)
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 (Clunan/Tracy)
Sufficient off-street parking shall be available.
Findings of Fact(s): Winter boat storage area is available for summer parking.
VOTE: Findings of Facts 4-0 (Clunan/Tracy)
Conclusion of Law: Sufficient off-street parking will be available:
VOTE: Conclusion of Law 4-0 (Clunan/Tracy)
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): New floats will be used by four to six boats each night. Use of refuse disposal and sewer pump-out will not increase substantially.
VOTE: Findings of Facts 4-0 (Clunan/Tracy)
Conclusion of Law: The proposed use of marina and new floats will not unduly burden the capacity of the Town's facilities.
VOTE: Conclusion of Law 4-0 (Clunan/Tracy)
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): No changes to land are involved.
VOTE: Findings of Facts 4-0 (Clunan/Tracy)
Conclusion of Law: Proposed land use of will / will not 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.
6A.5 is not applicable.
VOTE: Conclusion of Law 4-0 (Clunan/Tracy)
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/Tracy)
Conclusion of Law: Section 6A.6 is not applicable.
VOTE: Conclusion of Law 4-0 (Clunan/Tracy)
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. No changes to land are involved.
VOTE: Findings of Facts 4-0 (Clunan/Tracy)
Conclusion of Law: Section 6A.7 is not applicable.
VOTE: Conclusion of Law 4-0 (Clunan/Tracy)
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 (Clunan/Tracy)
Conclusion of Law: Section 6A.8 is not applicable.
VOTE: Conclusion of Law 4-0 (Clunan/Tracy)
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): 1. The use is allowed in the district. 2. The site has long been used for maritime activities.
VOTE: Findings of Facts 4-0 (Clunan/Tracy)
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 (Tracy/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; X N/A center" style="text-align:center;">Vibration; X N/A
VOTE: Conclusion of Law 4-0 (Clunan/Tracy)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture X N/A color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">6B.7 Excavation (other than gravel pits) or filling X N/A nbsp; X N/A ="left" style="text-align:left;">6C.1 Agriculture X N/A mond" size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">6C.10 Roads and Driveways X N/A racy)
Conclusion of Law: Section 6C is not applicable, except for
Sections(s):6C.__ 8 Marine Structure Performance Stds)
VOTE: Conclusion of Law 4-0 (Clunan/Andrews)
6C.8 Marine Structure Performance Standards
Marine Structure Definition. Piers, docks, floats, wharves, bridges over ten (10) feet in length, and other marine structures extending over or below the normal high-water line of a water body or within a wetland.
Requirement. All marine structures shall require Conditional Use Approval of the Planning Board and compliance with the performance standards below before Conditional Use Approval will be granted.
The Planning Board may require the submission of an environmental impact assessment on natural areas and may require mitigation measures such as 1.) Changes in the design and/or location of the marine structure, and/or 2.) Changes in the magnitude of activities on the marine structure.
The performance standards are as follows:
Commercial and public marine structures are exempt from requirements 13 through 16.
1. Access from shore. Access from the shore shall be developed on soils appropriate for such use and measures shall be taken to minimize soil erosion both during and after construction. Whenever possible, access from the shore to the marine structure shall be placed on bedrock. The Planning Board may require consultation with the local Soil and Water Conservation District Office.
No change to existing access from shore.
X Applicable, standard met to minimize adverse impacts on fisheries, significant wildlife habitats or unique natural areas including, but not limited to: fin fish and shellfish fisheries, salt marshes, eel grass beds, shorebird and nesting habitats, critical fish spawning and nursery areas.
No fishery or wildlife habitat in the area.
X Applicable, standard met from normal high water line shall require Conditional Use Approval of the Planning Board. The Planning Board may issue guidelines to insure compliance with state laws.
X Applicable, standard met color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;"> X Applicable, standard met font> |
