SECTION 5.5 – AMENDMENT CUA # 021-2011
An amendment to a Conditional Use Approval may be issued by the Planning Board only:
1) finding that there have been significant changes of conditions or circumstances; and
Findings of Fact(s):
1. Since the original permit issued in 2002, there have been substantial increase of regularly scheduled group visits for demonstrations of granite working activities. Andrews/Reilly (3-0)
2. An all-weather structure for these groups that often include older persons and school children. Andrews/Reilly (3-0)
Conclusion of Law: There have been significant changes of conditions and circumstances at the site. Andrews/Reilly (3-0)
2) 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):
1. Section 6 A.10 (Nuisances) is the only applicable section.
2. The location of the granite working activities is changing and moving closer to the eastern abutter who is not affiliated with the museum.
3. Of the nuisances listed in 6A.10 (Odors, Dust, Smoke, Gas, Fumes, Vibrations, Noise, and Outdoor Lighting), only noise is applicable.
4. The change of location does not create a reason for reconsidering 6A.1-9.
5. The activities that give rise to the noise already occur on the property; spectators and equipment.
6. The noise generated is brief; 15 minutes at a time for drilling. Andrews/Reilly (3-0)
Conclusion of Law: 1) everything listed in Standard of 6A.10, except noise is not applicable. 2) Noise standard is applicable and the standard is met. Andrews/Reilly (3-0)
3) when justified by a statement of findings of fact and conclusions of law. (6A.3)
Findings of Fact(s): See the foregoing findings of fact. Andrews/Reilly (3-0)
Conclusion of Law: The foregoing conclusion of law constitute the reasons for approval of this application with the conditions stated under Permit Conditions. Andrews/Reilly (3-0)
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: CUA# 021-2011
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
There shall be no more than four (4) granite working events per week and not more than one (1) granite working event per day. Andrews/Reilly (3-0)
APPLICATION
APPROVED: 9/12/11 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:
________________________________ ___James L. Clunan ___________
Ellen Brawley, Chairman James L. Clunan, Vice Chair
________________________________ ___Joseph Tracy ________________
Patti Reilly Joseph P. Tracy
____Schofield Andrews _______ ___ ________________________________
Schofield Andrews III, Secretary Robert Ho, Alt.
ORIGINAL SIGNATURES ON FILE IN TOWN OFFICE.
| 
