5.5 Amendment CUA #___004-2011_______
An amendment to a Conditional Use Approval may be issued by the Planning Board only:
- finding that there have been significant changes of conditions or
circumstances; and
Findings of Fact(s): Additional space (approximately 450 sq. ft.) has become available.
Conclusion of Law:
Significant changes of circumstances have occurred. VOTE: Findings of Facts and Conclusion of Law 4-0
- in conformity with the procedural and substantive requirements set forth in
Section 6A and the applicable standards of Section 6B and 6C.
Findings of Fact(s): Applicable sections are 6.A.3, 6.A.9, and 6.A.10 regarding noise. Off street parking is available at the site as well as at Haynes Garage. No change will be made to the exterior. Existing noise abatement conditions will continue. Standards of Sections 6.B & 6.C are not applicable.
Conclusion of Law:
The standards of Section 6 are met.
VOTE: Findings of Facts and Conclusion of Law 4-0
3.) when justified by a statement of findings of fact and reasons.
Findings of Fact(s): See previous findings of fact in Sections 5.5.1 and 5.5.2
Conclusion of Law:
The proposed amendment is justified. VOTE: Findings of Facts and Conclusion of Law 4-0
FOR BOARD USE
AMENDED CONDITIONAL USE approval
PERMIT CONDITIONS: In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
There shall be no more than nine additional seats inside and sixteen outside on the western patio.
Vote 4-0
AMENDED 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 BOARD MEMBERS:
Ellen T. Brawley James L. Clunan
Ellen Brawley, Chairman James L. Clunan, Vice Chairman
Schofield Andrews
Patti Reilly, Secretary Schofield Andrews III
Joseph Tracy
Joseph P. Tracy Gerard M. Miller, Jr.
ORIGINAL SIGNATURES ON
Robert P. Ho FILE IN TOWN OFFICE.
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