Town of Mount Desert Planning Board Meeting Minutes
Town Hall Meeting Room, Northeast Harbor
November 14, 2011
Conditional Use Approval Application #011-2011
NAME: Grayline LLC; Douglass Gray, Jr.
LOCATION: 18 Main Street, Seal Harbor
TAX MAP: 30 LOT: 8 ZONE(S): VC
PURPOSE: Zoning Board of Appeals remand.
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
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): Existing 2104 square foot building and 96 square foot shed on .34 acre lot. Allowable lot coverage is 11, 107.5 sq. ft. No new buildings are proposed.
Visual Impact:
Findings of Fact(s): Proposed use (Services 3) is located on Seal Harbor’s Main Street. Neighborhood on same side of street consists of Post Office, and retail or hospitality uses, with a town parking lot adjacent on the north side. North of the town lot, the neighborhood becomes purely residential. Existing appearance of the village is that of a small traditional New England Main Street. Because of the slope of the land and the location of the building, the back area of the lot is not visible from Main Street.
Proximity to other structures:
Findings of Fact(s): Proposed use is adjacent to existing building and is approximately 15-20 feet from adjacent shop.
Density of Development:
Findings of Fact(s): Consistent with the Village Commercial zone.
VOTE: Findings of Facts 4-0 Andrews/Tracy
Conclusion of Law for s. 6A. 1 Compatibility: The proposed use is 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 Clunan/Tracy
6A. 2 Erosion and Sedimentation Control
Findings of Fact(s): The proposed use will cause no disturbance of the soil.
VOTE: Findings of Facts 4-0 Clunan/Andrews
Conclusion of Law: Section 6A.2 is not applicable.
VOTE: Conclusion of Law 4-0 Clunan/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. Sufficient off-street parking shall be available.
Findings of Fact(s):
Highways or public roads: Broad aprons and open sight lines facilitate entry and exit from the property.
VOTE: Findings of Facts 4-0 Clunan/Tracy
Off-street parking:
Conclusion of Law: Standards of Sections 6A.3 have been met.
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): No changes in the use of Town services are proposed.
VOTE: Findings of Facts 4-0 Andrews/Tracy
Conclusion of Law: Standards of Sections 6A.4 have been met.
VOTE: Conclusion of Law 4-0 Andrews/Tracy
6A. 5 Land Suitability: All uses to be on suitable soils. 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, improper drainage, and water pollution, whether during or after construction.
Findings of Fact(s): No disturbance of the soil is proposed.
VOTE: Findings of Facts 4-0 Clunan/Tracy
Conclusion of Law: Section 6A.5 is not applicable.
VOTE: Conclusion of Law 4-0 Clunan/Tracy
6A. 6 Lighting – Outdoor
1. Full cutoff. All lights greater than *1800 lumens (a 100 watt incandescent light produces 1800 lumens) shall be shielded to direct all light towards the ground.
2. Light trespass. All light shall be directed away from adjacent properties. The light sources in flood and spot lights shall not be directly visible from adjacent properties. High intensity light sources shall not be directly visible to motorists on public roads.
3. Excessive Lighting may not be used to direct attention away from existing business and community lighting.
1. The lighting of structural canopies such as gas station canopies shall not be used to attract attention to the business. Areas under structural canopies shall be illuminated so that the uniformity ratio (ratio of average to minimum illumination) shall be no greater than 5:1 with an average illumination level of not more than 30 foot candles.
2. Light fixtures located on structural canopies shall be mounted so that the lens cover is recessed or flush with the ceiling of the canopy.
Findings of Fact(s): Motion sensor flood or spotlight is proposed for security purposes. Recommended best practices will be used.
VOTE: Findings of Facts 4-0 Tracy/Andrews
Conclusion of Law: Proposed use meets the standards of Section 6A.6.
VOTE: Conclusion of Law 4-0 Tracy/Andrews
6A. 7 Stormwater: For development on all lots the applicant shall submit a Stormwater Management Plan which demonstrates to the satisfaction of the Code Enforcement Officer that stormwater runoff has been minimized, and will not excessively exceed natural predevelopment conditions.
Findings of Fact(s): There is no development proposed for the lot.
VOTE: Findings of Facts 4-0 Tracy/Clunan
Conclusion of Law: Section 6A.7 is not applicable.
VOTE: Conclusion of Law 4-0 Tracy/Clunan
6A. 8 Vegetation
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/Andrews
Conclusion of Law: Section 6A.8 is not applicable.
VOTE: Conclusion of Law 4-0 Clunan/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 character of the West side of Main Street has historically been a pedestrian-friendly commercial zone. This property has had mixed uses over time, including a plumbing business, a filling station, convenience store, heating oil retailer, etc.
VOTE: Findings of Facts 4-0 Tracy/Clunan
Conclusion of Law: The proposed use (Services 3) will be consistent with protecting the general character of the Town, will not change the natural beauty of the area and will not 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 #160; s of Facts 4-0 Tracy/Clunan
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, nor for any use which would prove injurious to the safety and welfare of the neighborhood.
VOTE: Conclusion of Law 4-0 Tracy/Clunan
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
FOR REVIEW BY PLANNING BOARD
6B.1 Agriculture X N/A 60;
6C SHORELAND ZONING STANDARDS FOR REVIEW BY PLANNING BOARD
Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if
applicable.
Findings of Fact: The proposed lot is entirely outside the Shoreland Zone.
VOTE: Findings of Facts 4-0 Andrews/Clunan
Conclusion of Law: Section 6C is not applicable.
VOTE: Conclusion of Law 4-0 Andrews/Clunan
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: # 011-2011
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
- Per pages 3-6 and 3-8 in Section 3.4 of the LUZO, storage of bulk materials and/or construction equipment and heavy vehicles are prohibited in the Village Commercial district. Accordingly, this permit prohibits these activities.
- Any repairs to vehicles or equipment are to be kept neat & tidy; no attractive nuisances are to be left in order to prevent potential injury to children (see record), and no excess spilling of oil and other noxious materials.
VOTE: 4-0 Tracy/Andrews
APPLICATION
APPROVED: 11/14/11 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 Joseph Tracy
Schofield S. Andrews, Secretary James L. Clunan
ORIGINAL SIGNATURES ON FILE IN TOWN OFFICE.
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