Conditional Use Approval Application #003-2011
NAME: A & E Investors, LLC
Aaron & Erin Gray
LOCATION: 121 Main Street, Northeast Harbor0
TAX MAP: 24 LOT(S): 86 ZONE(S): VC – Village Commercial
PURPOSE: Section 3.4 – 1 & 2 Family Dwellings
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): No change; existing building
Visual Impact:
Findings of Fact(s): No change; existing building
Proximity to other structures:
Findings of Fact(s): No change; existing building
Density of Development:
Findings of Fact(s): No change; existing building
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: Findings of Facts and Conclusion of Law 4-0 (Tracy/Andrews)
6A. 2 Erosion Control X N/A: Findings of Fact(s): The proposed use will cause no disturbance of the soil.
Conclusion of Law: Section 6A.2 is not applicable.
VOTE: Findings of Facts and Conclusion of Law 4-0 (Tracy/Andrews)
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): No change – same number of persons will be using the space.
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: Findings of Facts and Conclusion of Law 4-0 (Tracy/Andrews)
Sufficient off-street parking shall be available.
Findings of Fact(s): No change – same number of persons will be using the space.
Conclusion of Law: Sufficient off-street parking will be available:
VOTE: Findings of Facts and Conclusion of Law 4-0 (Tracy/Andrews)
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): The property is currently hooked up to Town sewer. One bathroom will be added.
Conclusion of Law: The proposed use of two apartments will not unduly burden the capacity of the Town's facilities.
VOTE: Findings of Facts and Conclusion of Law 4-0 (Tracy/Andrews)
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): Not applicable.
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.
VOTE: Findings of Facts and Conclusion of Law of section 6A.5 is not applicable. 4-0 (Tracy/Andrews)
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 4-0 (Tracy/Andrews)
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, or on slopes of 25% or greater, nor in a shoreland district.
Conclusion of Law: Section 6A.7 is not applicable.
VOTE: Findings of Facts and Conclusion of Law 4-0 (Tracy/Andrews)
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 4-0 (Tracy/Andrews)
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 Comprehensive Plan encourages more density in the village.
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: Findings of Facts and Conclusion of Law 4-0 (Tracy/Andrews)
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 ly:Garamond;font-size:9pt;color:#000000;">… nor for any use which would prove injurious to the safety and welfare of the neighborhood.
Findings of Fact(s): Section 6A.10 is not applicable.
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: Findings of Facts and Conclusion of Law 4-0 (Tracy/Andrews)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture left" style="text-align:left;">6B.5 Campgrounds -size:9pt;color:#000000;">6B.14 Mobile Homes (temp.) Campers, Trailers, RVs N/A CEO Authority
6B.15 Sanitary Standards size:9pt;color:#000000;">********************************
Section 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: Findings of Fact: The proposed lot is entirely outside the Shoreland Zone.
Conclusion of Law: Section 6C is not applicable.
VOTE: Findings of Facts and Conclusion of Law 4-0 (Tracy/Andrews)
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: #003-2011
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
None.
Vote 4-0 to approve. (Tracy/Andrews)
APPLICATION
APPROVED: 3/14/2011 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
Joseph Tracy Schofield Andrews
ORIGINAL SIGNATURES ON FILE IN TOWN OFFICE
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