Conditional Use Approval Application #010-2010
OWNER(S): Kristen Tucker
LOCATION: 7 Sea Street, Northeast Harbor
TAX MAP: 24 LOT: 103 ZONE(S): VC
PURPOSE: Section - 3.4 –Commercial Recreational - Indoor Recreational Facilities
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): Building exists, therefore not applicable.
Visual Impact:
Findings of Fact(s): See above.
Proximity to other structures:
Findings of Fact(s): At least 18 feet.
Density of Development:
Findings of Fact(s): Typical for the village.
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.
Approved: (3-0)
6A. 2 Erosion Control X N/A : Findings of Fact(s): The proposed use will cause no disturbance of the soil.
Conclusion of Law: Section 6A.2 is not applicable.
(go to Section 6A.3, page 3)
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Conclusion of Law: Filling, grading, etc. will / will not be conducted in such a manner to prevent, to the maximum extent possible, erosion and sedimentation.
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.
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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 …
" style="font-family:Arial;font-size:9pt;color:#000000;">Conclusion of Law:
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
Findings of Fact(s): No parking on Sea Street in vicinity of the building.
Conclusion of Law: The proposed use will 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. (3-0)
Sufficient off-street parking shall be available:
Findings of Fact(s): A municipal lot is nearby.
Conclusion of Law: Sufficient off-street parking will be available:
(3-0)
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): 12 people, at most, can be accommodated.
Conclusion of Law: The proposed use of Commercial Recreational: Indoor Recreational Facilities will not unduly burden the capacity of the Town's facilities. [In particular, an undue burden will be placed upon] (3-0)
6A. 5 Land Suitability 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 …
Findings of Fact(s): N/A
Conclusion of Law: Proposed land use of will / will not 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.
N/A (3-0)
6A. 6 Lighting – Outdoor
x N/A : Findings of Fact(s): The proposed use will include no outdoor lighting.
Conclusion of Law: Section 6A.6 is not applicable. (3-0)
_________________________________________
(go to Section 6A.7, page 5)
:Arial;font-size:9pt;color:#000000;">Findings of Fact(s):
Conclusion of Law:
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. (3-0)
Conclusion of Law: Section 6A.7 is not applicable.
(go to Section 6A.8, page 7)
n 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.
0;"> le, Standard Met to the Code Enforcement Officer has / has not been submitted. In particular,
6A. 8 Vegetation
x N/A: Findings of Fact(s): The proposed use will include no clearing of trees or conversion to other vegetation.
Conclusion of Law: Section 6A.7 is not applicable. (3-0)
__________________________________________
(go to Section 6A.9, page 9)
text-align:left;">1. Appropriate measures are taken, if necessary, to prevent erosion when activity is undertaken.
2. The activity is in conformity with State Mandated Shoreland Zoning.
2. Tree removal near town roads. Removal of more than 25% of the trees within 25 feet of any town or state road in any 12 month period shall require a Conditional Use Approval of the Planning Board.
3. Slash. No accumulation of slash shall be left within 50 feet of any town or state road or within 50 feet of the normal highwater mark of any waterbody. Slash shall be disposed of so that no part extends more than 4 feet above the ground.
4. Shoreland zoning. Provisions of the State of Maine Shoreland Zoning Act shall apply in the State Mandated Shoreland Zone for timber harvesting and clearing of vegetation, as per Title 38 MRSA § 439-A.5 and 439-A.6.
5. CEO Permit. A CEO Permit is required for cutting timber larger than 4 inches in diameter measured 4 ½ feet above ground when the total amount to be cut is greater than 10 cords but less than 50 cords in any one year period.
6. Conditional Use Approval. Conditional Use Approval is required from the Planning Board for cutting timber larger than 4 inches in diameter measured 4 ½ feet above ground when the total amount to be cut is 50 cords or more in any one year period.
Findings of Fact(s):
Conclusion of Law:
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): Other similar uses exist in the area.
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. In particular, (3-0)
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 p; style="text-align:left;">
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. (3-0)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
6B.1 Agriculture x N/A y:Arial;font-size:9pt;color:#000000;">6B.3 Beach Construction x N/A p; CEO Authority
6B.13 Mineral Exploration and Extraction x N/A _____________________________
If no sections applicable, go to Section 6C, page 20.
For the subsections 6B.1 through 6B.17, please record applicable Findings of Fact and Conclusions of Law on pages 31 and/or 32.
6B. 1 Agriculture In non-shoreland areas, all spreading or disposal of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209). In shoreland areas, all spreading or disposal of manure shall comply with Section 6C.1.
6B. 2 Air Landing Sites No air landing site shall be developed or used for such purpose without Conditional Use Approval of the Planning Board.
6B. 3 Beach Construction Beach construction on any great pond, river, stream, brook, or coastal wetland shall require a permit from the State Department of Environmental Protection.
6B. 4 Boat Storage No boat in excess of twenty four (24) feet length shall be stored or parked on any residential property within the Town except as such vessel shall be owned or be within the exclusive use or control of the property owner, and shall meet the setback requirements of the district in which the property is located, and in no event shall be stored or parked less than ten (10) feet from the rear line of said property.
6B. 5 Campgrounds Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following:
1. Minimum site size. Camping areas shall contain a minimum of five thousand (5,000) square feet of suitable land, not including roads and driveways, for each site.
2. Water setback. The area intended for placement of the recreational vehicle, tent, or shelter and utility and service buildings, shall be set back a minimum of seventy (75) feet from the normal high water mark of any pond, river, or salt water body as defined.
6B. 6 Driveway Construction
Driveways in Shoreland Districts must comply with the standards of section 6C.10.
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.
6B. 8 Fences and walls
Such fences or walls shall not unduly restrict scenic views. The structural side of the fence shall not face the public view.
1. A Code Enforcement Officer Permit may be issued for solid fences or walls up to six (6) feet in height provided that:
1. A setback of six (6) feet is maintained from roads, sidewalks, and right-of-ways.
2. It does not obstruct highway visibility.
3. A plan for vegetative screening, in the six (6) foot setback area, is provided that produces a minimum of twenty (20) percent cover of the fence or wall area. The plan must be implemented and maintained.
4. Such fences or walls shall not unduly restrict scenic views.
5. The structural side of the fence shall not face the public view.
6B. 9 Fresh Water Related Structures
1. Access from shore shall be developed on soils appropriate for such use, and constructed so as to control erosion.
2. The location shall not interfere with existing uses.
3. The facility shall be located so as to minimize adverse effects on fisheries.
4. The facility shall be no larger in dimension than necessary to carry on the activity, and be consistent with existing conditions, uses, and character of the area.
5. Piers, docks, floats, wharves, breakwaters, causeways, marinas, bridges more than 20 feet in length, and permanent uses projecting into fresh water bodies from normal high water level shall require Conditional Use Approval of the Planning Board. The Planning Board may issue guidelines to insure compliance with state laws.
6B. 10 Home Occupations and home offices (CEO Authority)
6B. 11 Lots (CEO Authority)
6B. 12 Manufactured Homes (CEO Authority)
6B. 13 Mineral Exploration and Extraction Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance. Approval of the Planning Board shall be required for mineral exploration that exceeds the above limitations.
6B.14 Mobile Homes (temporary), Campers, Trailers and Recreational Vehicles (CEO Authority)
6B. 15 Sanitary Standards
1. Availability of public sewer. All plumbing systems within two hundred (200) feet of a public sewer shall be connected to public sewer where available in accordance with local, state, and federal laws and regulations. The Planning Board may waive this requirement if all other standards of Section 6A and the applicable standards of Section 6B are met.
the tower design and the capacity of the tower, including the number(s), type(s) and volume of antenna(s) that it can accommodate and the basis for the calculation of capacity.
ily:Arial;font-size:9pt;color:#000000;"> 1.) The extent to which the proposed facility would be visible from scenic resources as determined by the Planning Board and from Acadia National Park.
2.) The tree line elevation of vegetation within 300 feet of the proposed tower.
3.) The distance to the proposed facility from the designated scenic resources.
align="left" style="text-align:left;">sp;Evidence that co-location on existing or an approved tower is not possible per co-location section above or in adjacent towns. If the proposed tower cannot be accommodated on an existing or approved tower site, the applicant must assess whether such tower site could be changed to accommodate the proposed tower and generally describe the means and projected cost of shared use of the existing or approved tower site.
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Conclusion of Law: All required submissions have / have not been submitted in a form acceptable to the planning board, or have been waived.
Design Standards. The following design standards shall be met by the applicant. The Planning Board, as part of the Conditional Use Approval review process, shall determine if the applicant has complied with these standards. All communications facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented:
(a) Towers shall be constructed of metal or other nonflammable material unless specifically waived by the Planning Board due to technical or engineering reasons.
t-align:left;">(c) Accessory facilities shall be constructed out of no reflective exterior materials with earth toned colors or shall be placed underground, if possible.
curity lighting is permitted. All outdoor lighting shall meet Section 6A.6 standards of the Land Use Zoning Ordinance unless required by the Federal Communications Commission, Federal Aviation Administration, or other federal agency.
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Conclusion of Law: All communications facilities will/will not be designed to blend into the surrounding environment to the greatest extent feasible.
Location. All communications facilities shall be located so as to minimize their visibility and to minimize the total number of towers in the Town. The following measures shall guide the location:
(a) Communications facilities shall not be sited in areas of high visibility, as determined by the Planning Board, to meet the purpose of this subsection unless the facility is designed to minimize its profile by blending with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable.
bsp;
Conclusion of Law: The proposed communications facility will / will not be located so as to minimize its visibility and to minimize the total number of towers in the Town.
Standards. In addition to the criteria and standards, listed in Section 6 of the Land Use Zoning Ordinance these additional criteria and standards shall be utilized by the Planning Board in reviewing applications for Conditional Use Approval for proposed communications facilities:
(a) Mitigation measures have been utilized to screen antennas and towers from view from public rights-of-way or scenic vistas, either by landscaping, fencing or other architectural screening.
(f) Use of an existing community facility site, such as utility poles, has been investigated as a potential site for a tower, antennas and other equipment and, if available and technically feasible and visually desirable, is proposed as the site for the facility.
Conclusion of Law: The proposed communication facility does / does not meet the listed criteria and standards. In particular:
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 lot is entirely outside the Shoreland Zone.
Conclusion of Law: Section 6C is not applicable.
(go to page 33)
6C.1 Agriculture bsp; ="left" style="text-align:left;">6C.12 Soils conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209).
Manure storage. Manure shall not be stored or stockpiled within one hundred (100) feet, horizontal distance, of a great pond or within seventy-five (75) feet horizontal distance, of other water bodies, tributary streams, or wetlands.
Livestock grazing areas. Newly established livestock grazing areas shall not be permitted within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond; within seventy-five (75) feet, horizontal distance, of other water bodies and coastal wetlands, nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands.
6C.2 Archaeological Sites
Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
6C.3 Clearing or Removal of Vegetation for Activities other than Timber Harvesting
6C.4 Commercial and Industrial Uses
6C.5 Erosion and Sedimentation Control
1. Soil erosion plan for unstabilized soil. All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:
1. Mulching and revegetation of disturbed soil.
2. Temporary runoff control features such as hay bales, silt fencing or diversion ditches.
3. Permanent stabilization structures such as retaining walls or riprap.
style="text-align:left;">2. Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.
3. Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.
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not interfere with developed or natural beach areas, nor access to existing marine structures or points of
public access, nor shall it unreasonably interfere with the use of other marine structures and landing
places.
or other
structure extending below the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.
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9. Conditional use permit required. Piers, docks, floats, wharves, breakwaters, causeways, marinas, bridges more than 20 feet in length, and permanent uses projecting into water bodies from normal high water line shall require Conditional Use Approval of the Planning Board. The Planning Board may issue guidelines to insure compliance with state laws.
not change the intensity of the adjoining land use, and by no means shall exceed a total distance of more than one-third the width of the coastal wetland or water body, when proposed for coastal or inland waters. Notwithstanding the dimensional limits below, in areas where the horizontal distance from the normal high-water line to the mean lower low water is in excess of 160 feet, no permanent structure will be allowed seaward of the normal high-water line.
Marine Structure Dimensional Requirement Proposed Dimensions
Maximum length of entire marine structure (i.e. pier, ramp and float combined) 225 feet 1
Maximum length of all permanent structures 150 feet
Maximum length of all non-permanent structures (i.e. ramp and float) 75 feet 2
Maximum width of pier walkway 6 feet
Maximum width of ramp 6 feet
Maximum square footage of floats 400 square feet
Maximum square footage of floats for communal marine structures (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.
bsp; r="#000000" style="font-family:Arial;font-size:9pt;color:#000000;"> Section 6C.10.1 does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Section 6C.10.1 except for that portion of the road or driveway necessary for direct access to the structure.
bsp; Grade Spacing
(Percent) (Feet)
0-2 250
3-5 200-135
6-10 100-80
11-15 80-60
16-20 60-45
21 + 40
2. Drainage dips. Drainage dips may be used in place of ditch relief culverts only where the grade is ten (10) percent or less.
3. Slopes greater than 10%. On sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed at approximately a thirty (30) degree angle down slope from a line perpendicular to the centerline of the road or driveway.
4. Culvert size. Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning and their inlet and outlet ends shall be stabilized with appropriate materials.
ed Geologists and other person who is acceptable to the Planning Board to have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water
elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
s, or the upland edge of a wetland, there shall be no clear cut openings and a well-distributed stand of trees and other
vegetation, including existing ground cover shall be maintained.
2. Cleared openings farther than shoreline setback. At distances greater than one- hundred (100) feet, horizontal distance, of a great pond, and greater than seventy-five (75) feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clear cut openings greater than
ten-thousand (10,000) square feet in the forest canopy. Where such openings exceed five-thousand (5000) square feet they shall be at least one hundred (100) feet, horizontal distance, apart. Such clear cut openings shall be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area.
2. Harvesting in excess of 40%. Timber harvesting operations exceeding the 40% limitation in Section 6C.13.2.1 above may be allowed by the planning board upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purposes of this Ordinance. The planning board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed, within fourteen (14) days of the planning board's decision.
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3. Accumulation of slash. No accumulation of slash shall be left within fifty (50) feet, horizontal distance, of the normal high-water line of a water body. In all other areas slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four
(4) feet above the ground. Any debris that falls below the normal high-water line of a water body or tributary stream shall be removed.
which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.
ial" size="+0" color="#000000" style="font-family:Arial;font-size:9pt;color:#000000;"> bsp; Conclusion of Law:
Section 6_____ Findings of Fact(s):
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Conclusion of Law:
Section 6_____ Findings of Fact(s):
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Conclusion of Law:
Sections 6B and 6C Sections that Apply to CUA Application #:____________________
Section 6_____ Findings of Fact(s):
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Conclusion of Law:
Section 6_____ Findings of Fact(s):
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Conclusion of Law:
Section 6_____ Findings of Fact(s):
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Conclusion of Law:
FOR BOARD USE
CONDITIONAL USE PERMIT/APPROVAL
APPLICATION: _____________________________
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: 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:
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