Conditional Use Approval Application #001-2011
NAME: Constance A. Jordan, Trustee
AGENT: Greg Johnston, G.F. Johnston & Associates
LOCATION: 20 Narrows Road, Mount Desert
TAX MAP: 11 LOT:
34 ZONE(S): SR3
PURPOSE: Section 3.4 - Filling and earth moving of > 50 cubic yards
SITE INSPECTION: 3:00 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): Area of remediation is 150’ long X 6’ high on average.
Visual Impact:
Findings of Fact(s): Similar repairs have been made elsewhere in town.
Proximity to other structures:
Findings of Fact(s): The site is more than 250’ from the nearest structure.
Density of Development:
Findings of Fact(s): N/A
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: To Approve the Findings of Facts and Conclusion of Law 3-0 (JM/JC)
6A. 2 Erosion Control ce="Garamond" size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">Filling, grading. Filling, grading … shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
;
VOTE: 6A.2.2 is not applicable. 3-0 (JC/JM)
3. Tilling of soil. Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet lying either wholly or partially within the area covered by this Ordinance is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with …
X N/A >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): N/A
Conclusion of Law: The proposed use will / 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. N/A
VOTE: 6A.3 (highway safety) is not applicable. 3-0 (JM/JC)
Sufficient off-street parking shall be available.
Findings of Fact(s): N/A
Conclusion of Law: Sufficient off-street parking will / will not be available:
N/A
VOTE: 6A.3 (off-street parking) is not applicable. 3-0 (JM/JC)
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): N/A
Conclusion of Law: The proposed use of will / will not unduly burden the capacity of the Town's facilities. [In particular, an undue burden will be placed upon] N/A
VOTE: 6A.4 is not applicable. 3-0 (JM/JC)
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 project will repair existing erosion.
Conclusion of Law: Proposed land use of remediation 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: To Approve Findings of Facts and Conclusion of Law. 3-0 (JC/JM)
6A. 6 Lighting – Outdoor
X N/A : Findings of Fact(s): The proposed use will include no outdoor lighting.
Conclusion of Law: Section 6A.6 is not applicable.
VOTE: Findings of Facts and Conclusion of Law are not applicable. 3-0 (JM/JC)
(go to Section 6A.7)
6A. 7 Stormwater
center" style="padding-left:41px;text-align:center;">Stormwater plan required. The applicant shall submit a Stormwater Management Plan prepared in conformance with the following requirements (see Code Enforcement Officer for example of stormwater plan):
(See LUZO page 6-4 Sec. 6A 7.3)
4. Vegetated buffer. The lot shall be developed to accommodate a vegetated buffer. The purpose of the buffer is to intercept and then spread out and soften the flow of water. Stormwater from the developed portion of the site shall be directed by sheet flow to the buffer. This buffer need be located only on the down slope side(s) of the lot. If, due to lot orientation, a driveway or other opening must be located within the buffer, it shall be sited so that drainage from the developed portion of the site, including the driveway, can still be directed by sheet flow into the buffer. The buffer requirement may be met as follows:
a. Wooded buffer width. If the buffer is presently wooded, it shall be at least 25 feet in width. Removal of trees and other vegetation within the buffer cannot result in any cleared openings or disturbance of the existing forest floor except for removal of dead trees and safety hazards.
b. Non-wooded buffer width that revert to woods. A minimum 25-foot wide non-wooded buffer may also be used if it is allowed to revert to woods or is planted with shrubs or similar landscaping which minimizes disturbance of ground vegetation and leaf litter.
c. Non-wooded buffer width. If a non-wooded buffer is to be maintained as a field, it shall be at least 50 feet in width and mowing limited to no more than twice per year.
d. Buffer alternatives. Berms, detention basins or other alternatives as approved by the Code Enforcement Officer may be used instead of vegetated buffers if they are designed to intercept and then spread out and soften the flow of stormwater without channeling it. The Code Enforcement Officer is authorized to request the review and endorsement of any such alternatives by the Hancock County Soil and Water Conservation District, the cost of which shall be borne by the Applicant.
X N/A bsp; CEO Inspection. Following completion of lot development, the Code Enforcement Officer or his/her designee shall inspect the lot to verify that the requirements of the Stormwater Standard have been met. Should the Code Enforcement Officer determine that the lot is not in compliance with the Stormwater Standard, he/she shall initiate enforcement action to bring the lot into compliance in accordance with the provisions of this Ordinance.
X N/A -align:left;">Conclusion of Law: A stormwater plan satisfactory to the Code Enforcement Officer has been submitted.
VOTE: To Approve based on the Findings of Facts and Conclusion of Law 3-0 (JM/JC)
6A. 8 Vegetation
X N/A: Findings of Fact(s): The proposed use will include no clearing of trees or conversion to other vegetation.
Conclusion of Law: Section 6A.7 is not applicable.
VOTE: Findings of Facts and Conclusion of Law 3-0 (JM/JC)
(go to Section 6A.9)
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 project restores an existing bank; MHPC has stated there are no historical sites nearby.
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: To Approve based on the Findings of Facts and Conclusion of Law 3-0 (JM/JC)
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 sp; ramond;font-size:9pt;color:#000000;">VOTE: Findings of Facts and Conclusion of Law are not applicable 3-0 (JM/JC)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture X N/A cable, see page 12
6B.9 Fresh Water Related Structures X N/A ; X N/A ill 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.
(See page 11 for Finding of Fact(s) and Conclusion of Law for 6B.7)
SHORELAND ZONING STANDARDS
Section 6C
Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if
applicable.
"left" style="text-align:left;">6C.3 Clearing or removal of vegetation N/A (CEO authority)
6C.4 Commercial and industrial uses X N/A ;font-size:9pt;color:#000000;">6C.12 Soils X N/A nd;font-size:9pt;color:#000000;">VOTE: Findings of Facts and Conclusion of Law are not applicable except 6C.2 and 6C.5 3-0 (JM/JC)
(See page 11 for Finding of Fact(s) and Conclusion of Law for 6C.2 and 6C.5)
6C.2 Archaeological Sites
Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
6C.5 Erosion and Sedimentation Control
1. Soil erosion plan for unstabilized soil. All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:
1. Mulching and revegetation of disturbed soil.
2. Temporary runoff control features such as hay bales, silt fencing or diversion ditches.
3. Permanent stabilization structures such as retaining walls or riprap.
X Acceptable gned to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
X Acceptable wenty five (25) year storm or greater, and shall be stabilized with vegetation or lined with riprap.
X Acceptable /JC)
Section 6C.5 Findings of Fact(s): See Section 6A.2
Conclusion of Law: Standards have been met.
VOTE: To Approve based on the Findings of Facts and Conclusion of Law 3-0 (JM/JC)
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: # 001-2011
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
Approval is pending until CEO receives DEP permit.
APPLICATION
APPROVED: January 24, 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:
Ellen T. Brawley James L. Clunan
Gerard M. Miller
ORIGINAL SIGNATURES ON FILE IN TOWN OFFICE
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