Conditional Use Approval Application #007-2011
OWNER(S): Somes Sound View, Inc.
AGENT(S): Michael & Debbie Musetti
LOCATION: 5 Spinnaker Way, Hall Quarry
TAX MAP: 8 LOT(S): 148
ZONE(S): R2/SC – Residential 2 & Shoreland Commercial
PURPOSE: Section 3.4 – Filling and earth moving of > 50 cubic yards & 6B.7 Excavation or Filling.
SITE INSPECTION: 2:30PM
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): 200 cubic yards or less of fill
Visual Impact:
Findings of Fact(s): The camp sites will be made more level. The road will be improved/restored.
Proximity to other structures:
Findings of Fact(s): No change.
Density of Development:
Findings of Fact(s): No change.
VOTE: Findings of Facts 3-0 Clunan/Ho
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 3-0 Ho/Clunan
6A. 2 Erosion Control
X Applicable (see below)
1. Filling, grading. Filling, grading … shall be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
b>VOTE: Conclusion of Law 3-0 Ho/Clunan
2. Removal of sand or gravel. Removal of sand or gravel from natural beaches or the disruption or removal of buffer strips that protect fragile land areas immediately behind a shoreline and on neighboring properties is prohibited.
X N/A oil. 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 ">VOTE: Findings of Facts 3-0 Clunan/Ho
Conclusion of Law: Section 6A.3 is not applicable.
VOTE: Conclusion of Law 3-0 Clunan/Ho
6A. 4 Impact on Town Services
X N/A: Findings of Fact(s): 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.
VOTE: Findings of Facts 3-0 Clunan/Ho
Conclusion of Law: Section 6A.4 is not applicable.
VOTE: Conclusion of Law 3-0 Clunan/Ho
6A. 5 Land Suitability X N/A: Findings of Fact(s): 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 …
VOTE: Findings of Facts 3-0 Clunan/Ho
Conclusion of Law: Section 6A.5 is not applicable.
VOTE: Conclusion of Law 3-0 Clunan/Ho
6A. 6 Lighting – Outdoor X N/A: Findings of Fact(s): The proposed use will include no outdoor lighting.
VOTE: Findings of Facts 3-0 Clunan/Ho
Conclusion of Law: Section 6A.6 is not applicable.
VOTE: Conclusion of Law 3-0 Clunan/Ho
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 3-0 Ho/Clunan
Conclusion of Law: Section 6A.7 is not applicable.
VOTE: Conclusion of Law 3-0 Ho/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 3-0 Clunan/Ho
Conclusion of Law: Section 6A.8 is not applicable.
VOTE: Conclusion of Law 3-0 Clunan/Ho
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): No changes in the site.
VOTE: Findings of Facts 3-0 Ho/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 3-0 Clunan/Ho
6A. 10Nuisances X N/A: Findings of Fact(s): The proposed use will include no nuisances.
VOTE: Findings of Facts 3-0 Clunan/Ho
Conclusion of Law: Section 6A.10 is not applicable.
VOTE: Conclusion of Law 3-0 Clunan/Ho
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture X N/A t-family:Garamond;font-size:9pt;color:#000000;">6B.5 Campgrounds X N/A lers, RVs N/A CEO Authority
6B.15 Sanitary Standards X N/A Excavation (other than gravel pits) or filling
Excavation or filling shall be permitted in any district only to the extent such activities are essential or are incidental to any permitted, conditional, or other lawful use. Filling, dumping, or excavation of any matter of ten (10) to less than fifty (50) cubic yards is allowed, except in the Stream Protection District where a Code Enforcement Officer permit is required, and is prohibited in the Resource Protection District. Excavation and filling, greater than fifty (50) cubic yards shall require Conditional Use Approval of the Planning Board,
and is prohibited in the Resource Protection District. Appropriate measures shall be taken to prevent erosion during or after the filling or excavation, and the applicable standards of Section 6B.13 shall be complied with. All fill 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.
Findings of Fact(s): Filling is limited to restoration of existing campsites and roads. Property is partially in the Shoreland zone, but no filling is being done in that zone. VOTE: Findings of Facts 3-0 Ho/Clunan
Conclusion of Law: Such filling meets the standard of being essential and incidental. This is a permitted and existing lawful use. VOTE: Conclusion of Law 3-0 Clunan/Ho
SHORELAND ZONING STANDARDS
Section 6C
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 filling is entirely outside the Shoreland Zone.
Conclusion of Law: Section 6C is not applicable.
VOTE: Findings of Facts 3-0 Clunan/Ho
VOTE: Conclusion of Law 3-0 Clunan/Ho
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: 007-2011
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
APPLICATION
APPROVED: - May 9, 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 Signatures on file in Town Office.
James L. Clunan
Robert Ho
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