Conditional Use Approval Application # 010-2011
NAME: Basil and Lesley Mahaney
LOCATION: 2 Lyman Lane, Northeast Harbor
TAX MAP: 025 LOT: 111-001 ZONE(S): VR1
PURPOSE: Sections 3.4 & 6B.7 Excavation or Filling greater than 50 cu yards.
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): Re-landscaping an existing lot in a residential neighborhood. Immediate neighbors have already done something similar.
Visual Impact:
Findings of Fact(s): Re-landscaping an existing lot in a residential neighborhood. Immediate neighbors have already done something similar.
Proximity to other structures:
Findings of Fact(s): Re-landscaping an existing lot in a residential neighborhood. Immediate neighbors have already done something similar.
Density of Development:
Findings of Fact(s): Re-landscaping an existing lot in a residential neighborhood. Immediate neighbors have already done something similar.
VOTE: Findings of Facts 4-0 Andrews/Miller
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 4-0 Andrews/Miller
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.
Roman" size="+0" color="#000000" style="font-family:Times New Roman;font-size:9pt;color:#000000;">: Conclusion of Law 4-0 Andrews/Miller
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 ont-size:9pt;color:#000000;">: Section 6A.2.2 is not applicable.
VOTE: Conclusion of Law 4-0 Tracy/Miller
3. Tilling of soil. 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 160;
Conclusion of Law: Section 6A.2.3 is not applicable.
VOTE: Conclusion of Law 4-0 Miller/Tracy
6A. 3 Highway Safety X N/A: Findings of Fact(s): 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.
VOTE: Findings of Facts 4-0 Miller/Tracy
Conclusion of Law: Section 6A.3 is not applicable.
VOTE: Conclusion of Law 4-0 Miller/Tracy
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 4-0 Miller/Tracy
Conclusion of Law: Section 6A.4 is not applicable.
VOTE: Conclusion of Law 4-0 Miller/Tracy
6A. 5 Land Suitability X Applicable (see below)
Findings of Fact(s): Best Management Practices will be used.
VOTE: Findings of Facts 4-0 Miller/Tracy
Conclusion of Law: Proposed land use of Fill will 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: Conclusion of Law 4-0 Miller/Tracy
6A. 6 Lighting – Outdoor X N/A: Findings of Fact(s): The proposed use will include no outdoor lighting.
VOTE: Findings of Facts 4-0 Miller/Tracy
Conclusion of Law: Section 6A.6 is not applicable.
VOTE: Conclusion of Law 4-0 Miller/Tracy
6A. 7 Stormwater X Applicable (see below)
For development on lots within 75 feet of a water body and where drainage is towards the water body, or on slopes of 25% or greater, the applicant shall submit a site plan that demonstrates to the satisfaction of the Code Enforcement Officer that the project will comply with this stormwater standard. All new construction and development in any shoreland district must be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions
Stormwater plan required. The applicant shall submit a Stormwater Management Plan prepared in conformance with the following requirements (see Code Enforcement Officer for example of stormwater plan):
(See LUZO page 6-4 Sec. 6A 7.3)
4. Vegetated buffer. The lot shall be developed to accommodate a vegetated buffer. The purpose of the buffer is to intercept and then spread out and soften the flow of water. Stormwater from the developed portion of the site shall be directed by sheet flow to the buffer. This buffer need be located only on the down slope side(s) of the lot. If, due to lot orientation, a driveway or other opening must be located within the buffer, it shall be sited so that drainage from the developed portion of the site, including the driveway, can still be directed by sheet flow into the buffer. The buffer requirement may be met as follows:
a. Wooded buffer width. If the buffer is presently wooded, it shall be at least 25 feet in width. Removal of trees and other vegetation within the buffer cannot result in any cleared openings or disturbance of the existing forest floor except for removal of dead trees and safety hazards.
b. Non-wooded buffer width that revert to woods. A minimum 25-foot wide non-wooded buffer may also be used if it is allowed to revert to woods or is planted with shrubs or similar landscaping which minimizes disturbance of ground vegetation and leaf litter.
c. Non-wooded buffer width. If a non-wooded buffer is to be maintained as a field, it shall be at least 50 feet in width and mowing limited to no more than twice per year.
d. Buffer alternatives. Berms, detention basins or other alternatives as approved by the Code Enforcement Officer may be used instead of vegetated buffers if they are designed to intercept and then spread out and soften the flow of stormwater without channeling it. The Code Enforcement Officer is authorized to request the review and endorsement of any such alternatives by the Hancock County Soil and Water Conservation District, the cost of which shall be borne by the Applicant.
rd Not Met
6. Directing sheet flow to buffers. All disturbed portions of the site, including buildings, lawns and driveways, are to be graded to direct sheet flow of drainage into the buffer areas and not into roadside ditches. Any drainage that must be directed to roadside ditches shall be minimized.
fy that the requirements of the Stormwater Standard have been met. Should the Code Enforcement Officer determine that the lot is not in compliance with the Stormwater Standard, he/she shall initiate enforcement action to bring the lot into compliance in accordance with the provisions of this Ordinance.
X Applicable, Standard Met ;
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 4-0 Miller/Tracy
Conclusion of Law: Section 6A.8 is not applicable.
VOTE: Conclusion of Law 4-0 Miller/Tracy
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 change in use.
VOTE: Findings of Facts 4-0 Miller/Tracy
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 4-0 Miller/Tracy
6A. 10 Nuisances X N/A: Findings of Fact(s): The proposed use will include no nuisances.
VOTE: Findings of Facts 4-0 Miller/Tracy
Conclusion of Law: Section 6A.10 is not applicable.
VOTE: 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. 4-0 Miller/Tracy
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture X N/A t-size:9pt;color:#000000;">6B.2 Air Landing Sites X N/A w Roman;font-size:9pt;color:#000000;">6B.9 Fresh Water Related Structures X N/A #160; N/A CEO Authority
6B.15 Sanitary Standards X N/A size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">Findings of Fact(s): The proposed use will include none of the specific activities or land uses described in section 6B, except for Applicable Sections(s) noted above.
VOTE: Findings of Facts 4-0 Miller/Tracy
Conclusion of Law: Section 6B is not applicable, except for Sections(s): 6B.7
VOTE: Conclusion of Law 4-0 Miller/Tracy
6B. 7 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.
Section 6B. 7 Findings of Fact(s): Best management practices will be utilized while filling. ___________________________________________ 4-0 Miller/Tracy ____
Conclusion of Law: Section 6B.7 shall be complied with. 4-0 Miller/Tracy
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.
VOTE: Findings of Facts 4-0 Miller/Tracy
Conclusion of Law: Section 6C is not applicable.
VOTE: Conclusion of Law 4-0 Miller/Tracy
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: # 010-2011
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.
4-0 Miller/Tracy
APPLICATION
APPROVED: 5/23/2011 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 Joseph Tracy
Schofield Andrews,III Gerard M. Miller
ORIGINAL SIGNATURES ON FILE IN OFFICE.
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