Conditional Use Approval Application #012-2010
OWNER(S): Town of Mount Desert
APPLICANT(S): Anthony Smith, Public Works Director
LOCATION: Steamboat Wharf Road, Seal Harbor
TAX MAP: 29 LOT: (In a Town Right-of-Way) ZONE(S): VR2/SR1
PURPOSE: Section – 3.4 – Commercial Public Utility – Wastewater Pump Station
SITE INSPECTION: 4:00PM
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): Building is within a 16’4” by 15’4” footprint. Height is approximately 7’ above street level (Steamboat Wharf Road)
Visual Impact:
Findings of Fact(s): Structure is set into the bank so that uphill exposure is about 1’. Exterior surface is to be stone work resembling nearby retaining wall.
Proximity to other structures:
Findings of Fact(s): Structure is approximately 40’ from the library and 35’ from houses across the street.
Density of Development:
Findings of Fact(s): This is a developed residential area. The size of the proposed pump station is no larger than other area buildings.
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 (4-0)
6A. 2 Erosion Control ;">x N/A "text-indent:-36px;padding-left:37px;text-align:center;"> hall 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.
"#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">Conclusion of Law: Proposed land use of the replacement pump station 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 4-0; 1 abstention, Mr. Clunan reviewing application)
6A. 6 Lighting – Outdoor ial;font-size:8pt;color:#000000;">3. Excessive Lighting may not be used to direct attention away from existing business and community lighting.
- 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 llumination level of not more than 30 footcandles.
- 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): The proposed lighting was designed to be in accordance with the dark sky (6A.6) section in our LUZO. There will be one light and a non-strobe emergency alarm light.
(5-0)
Conclusion of Law: The proposed use will comply with section 6A.6. (5-0)
6A. 7 Stormwater rates 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.
at 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.
bsp; bsp;nd;font-size:9pt;color:#000000;">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.
- 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): An insignificant amount of vegetation will be removed and is in conformity with State mandated shoreline zoning. There are no trees> 4” dbh that will be cut. (5-0)
Conclusion of Law: The provisions of section 6A.8 will be satisfactorily met. (5-0)
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.
sp;x N/A bsp; (5-0)
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. (5-0)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
x N/A (Except for Section(s): 6B. 7)
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.
Findings of Fact(s): There will be less than 50 cubic yards of fill removed.
Conclusion of Law: Approved (5-0)
Section 6B – Pertinent Sections that Apply to Conditional Use Approval Application(s):
Section(s): 6B._7_
Findings of Fact(s): Based on the steepness of the slope less than 50 cubic yards of material will be excavated.
Conclusion of Law: Section 6B.7 is not applicable. Approved (5-0)
SHORELAND ZONING STANDARDS
x N/A (Except for Section(s): 6C._5, 6, and 12_)
Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if
applicable.
6C.1 Agriculture x N/A er Than Timber Harvesting (CEO Authority) x N/A ilt fencing or diversion ditches.
3. Permanent stabilization structures such as retaining walls or riprap.
X Acceptable ">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.
X Acceptable e:9pt;color:#000000;"> X Acceptable bsp;
Conclusion of Law: Section 6C.7 is not applicable. (5-0)
6C.8 Marine Structure Performance Standards x N/A ;
Conclusion of Law: Section 6C.10 is not applicable. (5-0)
6C.11 Septic Waste Disposal (CEO Authority)
6C.12 Soils nbsp;
Conclusion of Law: The standard for 6.C12 is met. (5-0)
6C.13 Timber Harvesting x N/A sp;feet, horizontal distance, of the normal high-water line of other water bodies, tributary streams, 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.
X N/A sp; only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than twenty five (25) feet, horizontal distance, from the normal high-water line of a water body or upland edge of a wetland.
X N/A ;
Conclusion of Law: Section 6C.14 is not applicable. (5-0)
Section 6C – Pertinent Sections that Apply to Conditional Use Approval Application(s):
Section(s): 6C._5, 6, and 12_
Findings of Fact(s): Sections 6C.5, 6, and 12 are applicable.
Conclusion of Law: The standards for Sections 6C.5, 6, and 12 are met. (5-0)
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: # 012-2010
PERMIT CONDITIONS: In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
NONE
(5-0)
APPLICATION
APPROVED: 7/26/2010 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 James L. Clunan
Ellen T. Brawley, Chairman James L. Clunan, Vice Chairman
Patti Reilly Gerard M. Miller
Joseph P. Tracy Gerard M. Miller, Jr.
Robert Ho
Robert P. Ho
ORIGINAL SIGNATURES ARE ON FILE IN THE TOWN OFFICE.
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