Conditional Use Approval Application # 014-2011
NAME: Kent Camp Inc.
APPLICANT: Peter A. Kent
LOCATION: 43 Northern Neck Road, Mount Desert
TAX MAP: 16 LOT: 16 ZONE(S): SR2
PURPOSE: Section 3.4 Piers, Docks, Wharves, Bridges & Other Structures; 6C.7 – Marine and Freshwater Structure Performance Standards
SITE INSPECTION: 2:30 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 …”
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): Float is 6’ X 16’ with a 3’X 10’ ramp. Float extends 26’ from the shoreline.
Visual Impact:
Findings of Fact(s): The float will be hidden from nearby structures with minimal visual impact from the lake. It will be similar to other docks on the lake.
Proximity to other structures:
Findings of Fact(s): The nearest neighbor’s camp is approximately 75’ away.
Density of Development:
Findings of Fact(s): The lot is large. There are other camps in the area.
VOTE: Findings of Facts 3-0 Ho/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 3-0 Ho/Miller
6A. 2 Erosion and Sedimentation Control
X N/A: Findings of Fact(s): The proposed use will cause no disturbance of the soil.
VOTE: Findings of Facts 3-0 Ho/Miller
Conclusion of Law: Section 6A.2 is not applicable.
VOTE: Conclusion of Law 3-0 Ho/Miller
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: Not applicable.
VOTE: Findings of Facts 3-0 Ho/Miller
Off-street parking: Not applicable.
VOTE: Findings of Facts 3-0 Ho/Miller
Conclusion of Law: Standards of Sections 6A.3 are Not Applicable.
VOTE: Conclusion of Law 3-0 Ho/Miller
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): There will be no impact on town services. Section 6A.4 is not applicable.
VOTE: Findings of Facts 3-0 Ho/Miller
Conclusion of Law: The proposed use of a float will not unduly burden the capacity of the Town's facilities.
VOTE: Conclusion of Law 3-0 Ho/Miller
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): Section 6A.5 is not applicable.
VOTE: Findings of Facts 3-0 Ho/Miller
Conclusion of Law: Proposed use a float will not be located on soils so as to cause adverse environmental impacts, including severe erosion, mass soil movement, and water pollution, whether during or after construction.
VOTE: Conclusion of Law 3-0 Ho/Miller
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 Ho/Miller
Conclusion of Law: Section 6A.6 is not applicable.
VOTE: Conclusion of Law 3-0 Ho/Miller
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): Stormwater plan is not necessary for a float. Section 6A.7 is not applicable.
VOTE: Findings of Facts 3-0 Ho/Miller
Conclusion of Law: Standards of Section 6A.7 are not applicable.
VOTE: Conclusion of Law 3-0 Ho/Miller
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 Ho/Miller
Conclusion of Law: Section 6A.8 is not applicable.
VOTE: Conclusion of Law 3-0 Ho/Miller
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): There are other docks on the lake.
VOTE: Findings of Facts 3-0 Ho/Miller
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 Ho/Miller
6A. 10 Nuisances X N/A: Findings of Fact(s): The proposed use will include no nuisances.
VOTE: Findings of Facts 3-0 Ho/Miller
Conclusion of Law: Section 6A.10 is not applicable.
VOTE: Conclusion of Law 3-0 Ho/Miller
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
FOR REVIEW BY PLANNING BOARD
6B.1 Agriculture X N/A ration and Extraction X N/A sp; X N/A bsp; X N/A (Except for Section(s): 6C.7)
Findings of Fact(s): The proposed use will include none of the specific activities or land uses described in section 6C, except for Applicable Sections(s) noted above.
Conclusion of Law: Section 6C is not applicable, except for Sections(s):6C.7
VOTE: Findings of Facts and Conclusion of Law 3-0 Ho/Miller
6C.7 Marine and Freshwater Structure Performance Standards
Marine Structure Definition. Piers, docks, floats, wharves, bridges over ten (10) feet in length, and other marine structures extending over or below the normal high-water line of a water body or within a wetland.
Requirement. All marine structures shall require Conditional Use Approval of the Planning Board and compliance with the performance standards below before Conditional Use Approval will be granted.
The Planning Board may require the submission of an environmental impact assessment on natural areas and may require mitigation measures such as 1.) Changes in the design and/or location of the marine structure, and/or 2.) Changes in the magnitude of activities on the marine structure.
The performance standards are as follows:
Commercial and public marine structures are exempt from requirements 13 through 16.
1. Access from shore. Access from the shore shall be developed on soils appropriate for such use and measures shall be taken to minimize soil erosion both during and after construction. Whenever possible, access from the shore to the marine structure shall be placed on bedrock. The Planning Board may require consultation with the local Soil and Water Conservation District Office.
X Applicable, standard met gn:left;"> 4. Size. The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf shall not be wider than six feet for non-commercial uses.
X Applicable, standard met er body or within a wetland shall be converted to residential dwelling units in any district.
X Not Applicable pplicable, standard not met
12. Mooring area. The Planning Board shall request comment from the Harbor Master in cases where the applicant proposes to build a marine structure in an officially designated mooring area.
X Not Applicable ctures (see 14 and 15 below) 800 square feet
1 Or length needed to obtain six feet of depth of water at mean lower low water, whichever is less.
2 In cases where no permanent structure is proposed the applicant will be permitted to install a ramp and float extending no further than 75 feet into the water body.
X Applicable, standard met nbsp;
Conclusion of Law: Applicable standards of Section 6A.7 are met.
VOTE: Conclusion of Law 3-0 Ho/Miller
FOR BOARD USE
CONDITIONAL USE PERMIT/APPROVAL
APPLICATION: # 014-2011
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
APPLICATION
APPROVED: July 6, 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:
Gerard M. Miller Ellen T. Brawley
Robert Ho
ORIGINAL SIGNATURES ARE ON FILE IN TOWN OFFICE.
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