Conditional Use Approval Application # 015-2010
OWNER(S): Mount Desert Library Society – Somesville Library
AGENT: Tony Smith
LOCATION: 1116 Main Street, Somesville
TAX MAP: 21 LOT: 37 ZONE(S): SR3
PURPOSE: Land Use Sections - 3.4 & 6B.7 – Excavation or filling greater than fifty (50) cubic yards.
SITE INSPECTION: 3:30 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 …”
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): The rip-rap wall will be 100 feet X 30 feet.
Visual Impact:
Findings of Fact(s): The property to one side has rip-rap and stone columns, and the property to the other side is a concrete dam.
Proximity to other structures:
Findings of Fact(s): The nearest structure, other than the library, is approximately 30 feet away.
Density of Development:
Findings of Fact(s): Unchanged, therefore not applicable.
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 (5-0)
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.
ramond" size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">Conclusion of Law:
Not Applicable (5-0)
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 lor="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;"> roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed
Findings of Fact(s): N/A
Conclusion of Law: The proposed use will / 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. Not Applicable (5-0)
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): N/A
Conclusion of Law: The proposed use of RIP-RAP will not unduly burden the capacity of the Town's facilities. Not Applicable (5-0)
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): The contractor will use best management practices.
Conclusion of Law: Proposed land use of rip-wrap 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.
Approved (5-0)
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.
___ Not Applicable (5-0) _________________
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.
Conclusion of Law: Section 6A.7 is not applicable.
___ Not Applicable (5-0) _________________
6A. 8 Vegetation
X N/A: Findings of Fact(s):
Conclusion of Law: Section 6A.7 is not applicable.
___ Not Applicable (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.
Findings of Fact(s): The proposed use is to be similar to other rip rap 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.
Approved (5-0)
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 t nbsp; X N/A ="Garamond" size="+0" color="#000000" style="font-family:Garamond;font-size:9pt;color:#000000;">6B.11 Lots N/A CEO Authority
6B.12 Manufactured Homes N/A CEO Authority
6B.13 Mineral Exploration and Extraction X N/A p;
Findings of Fact(s): The proposed use will include none of the specific activities or land uses described in section 6B, except for Sections(s): __6B.7_____
Conclusion of Law: Section 6B is not applicable, except for
Sections(s):6B.7___ Approved (5-0)__
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 6_B.7____ Findings of Fact(s): The anticipated fill will be approximately 200 to 300 cu yards. Best management practices will be used.
Conclusion of Law: The standards of section 6B.7 will be met. (5-0)
SHORELAND ZONING STANDARDS
Section 6C
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 ign:left;">6C.7 Parking Areas X N/A :left;">
Findings of Fact(s): The proposed use will include none of the specific activities or land uses described in section 6C, except for Sections(s): 6C.5 and 6C.12
Conclusion of Law: Section 6C is not applicable, except for Sections(s):6C. . 5 and 6C.12
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.
X Acceptable t-indent:-37px;padding-left:74px;text-align:center;">2. Development to fit topography. In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
X Acceptable 0" color="#000000" style="font-family:Garamond;font-size:8pt;color:#000000;">Drainage ways and outlets. Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainage ways shall be designed and constructed in order to carry water from a twenty five (25) year storm or greater, and shall be stabilized with vegetation or lined with riprap.
X Acceptable le="font-family:Garamond;font-size:9pt;color:#000000;">Section 6_C.12____ Findings of Fact(s): Refer to the standards met in previous sections.
Conclusion of Law: (5-0)
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
APPLICATION: #015-2010
PERMIT CONDITIONS: In addition to having all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
The award of this approval is contingent upon the DEP permit being presented to the CEO.
Motion to approve with above condition made and seconded. Carried unanimously (5-0).
APPLICATION
APPROVED: 9/27/2010 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
Patti Reilly Schofield Andrews
Joseph Tracy ORIGINAL SIGNITURES ON FILE IN OFFICE
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