PERMIT

Document Sample
PERMIT Powered By Docstoc
					                                                    STATE OF MAINE
                                            DEPARTMENT OF CONSERVATION
                                          LAND USE REGULATION COMMISSION
                                               22 STATE HOUSE STATION
                                                   AUGUSTA, MAINE
                                                       04333-0022
JOHN ELIAS BALDACCI                                                                             PATRICK McGOWAN
     GOVERNOR
                                                                                                    COMMISSIONER




                                                                                      PERMIT
  AMENDMENT P TO
  FINAL DEVELOPMENT PLAN PERMIT DP 4131

  The staff of the Maine Land Use Regulation Commission (hereafter, the Commission), after reviewing the
  application and supporting documents submitted by Saddleback Land & Timber Corporation and Saddleback,
  Inc, for Amendment P to Final Development Plan Permit DP 4131, finds the following facts:

           1. Applicants:              Saddleback Land & Timber Corporation
                                       Saddleback, Inc.
                                       Attn: Archie W. Berry Jr.
                                       PO Box 490
                                       Rangeley, ME 04970

           2. Date of Completed Application:        October 12, 2009

           3. Location of Proposal:         Dallas Plantation, Franklin County
                                            Part of Lots #2A and #2B, on Plan 01
                                            Sandy River Plantation, Franklin County
                                            Part of Lot #1 and Lot #2, on Plan 02
                                            Part of Lot #1 and Lot #3, on Plan 03

           4. Zoning:                  (D-PD) Planned Development Subdistrict
                                       (M-GN) General Management Subdistrict
                                       (P-GP) Great Pond Protection Subdistrict
                                       (P-SL) Shoreland Protection Subdistrict
                                       (P-WL) Wetland Protection Subdistrict

           5. Lot Size:                8,087 acres (owned)

           6. Existing Principal Development:

                Base Lodge (100 feet by 210 feet and 40 feet by 40 feet)
                      w/Deck (2400 square feet)
                      w/5000 Gallon Fuel Tank in Concrete Vault

                Rock Pond I Condominium Complex [17.4 acres]
                   (Lot #2, Plan 02, Sandy River Plantation)

                White Birch Condominium Complex [12.6 acres]
                   (Lot #3, Plan 03, Sandy River Plantation)

                Rock Pond II Condominium Complex [8.6 acres]
                   w/parking areas (Sandy River Plantation)


  CATHERINE M. CARROLL, DIRECTOR                                                             PHONE: (207) 287-2631
                                                                                               FAX: (207) 287-7439
                                                                                               TTY: (888) 557-6690
Page 2
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.



             South Branch Townhouse Condominium Apartments [6.7 acres] Estates (Sandy River Plantation)
                w/parking areas
                w/connection to existing engineered subsurface wastewater system
                Four buildings w/12 units each (Sandy River Plantation)

             Saddleback Estates (Sandy River Plantation)
                A. Five (5) House Lots [3.2 acres; 0.62 to 0.69 acres per lot]
                        w/ connection to existing engineered and combined subsurface wastewater disposal
                        systems
                B. East Magalloway Subdivision [34 acres]
                        Twenty-two (22) house lots (0.5 to 4.5 acres per lot)
                        w/ connection to existing engineered sewage disposal system

             Mountain Brook Timeshare Condominium Complex [45 acres] (Sandy River Plantation)
               w/parking areas
               w/ connection to existing engineered subsurface wastewater disposal system
               Ten buildings w/6 units in each

         7. Existing Accessory Development:

             Buildings
                 Maintenance Facility (100 feet by 100 feet and 24 feet by 24 feet)
                     w/Storage Building (21 feet by 37 feet)
                     w/Fuel Tank
                 Storage Building (24 feet by 30 feet)
                 Snow-making Pump House #1 (24 feet by 50 feet)
                 Snow-making Pump House #2 (20 feet by 30 feet)
                 Water Storage Building (18 feet by 44 feet)

             Snow-making Infrastructure
                Pre-Commission: 17,700 linear feet of piping and related facilities
                Amendment C: 27,300 linear feet of piping and related facilities
                Amendment F: 8,800 linear feet of piping and related facilities
                Amendment I: Snow-making Infrastructure (4,000 linear ft. along existing Upper & Lower
                Professor Trail [#4])
                Amendment L: Additional snowmaking pipe on 2 Magalloway Trails (11,845 linear ft.)
                Amendment N: Additional snowmaking pipe along America Trail (3,600 linear ft.)

             Ski Lifts
                 Five Ski Lifts (1 T-bar Lifts, 2 Double Chair Lifts and 2 Quad Chair Lifts)

             Roads and Transient Parking Areas
                Four (4) Transient Parking Areas
                    (75 ft. by 525 ft.; 75 ft. by 500 ft.; 60 ft. by 550 ft. and approx. 150 ft. by 300 ft.)
                Main Access Road (Saddleback Mountain Road)
                Pre-Commission Secondary Access Roads (2,900 linear feet)
                Secondary Access Road to Rock Pond II Condominiums (950 linear feet)
                Secondary Access Road to Pump House #2 (1,500 linear feet)
                Secondary Access Road to Maintenance Facility (5,150 linear feet)
                Secondary Roads to Mountain Brook Timeshare Condos and South Branch Condos
Page 3
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.

                  Extension of Existing Rock Pond Road for Saddleback Estates House Lots (550 feet)
                  Secondary Access Roads for East Magalloway Subdivision

             Miscellaneous
                Above-ground and Underground Electric Utility Lines
                Above-ground 3-Phase Electric Utility Line (17,610 linear feet)

                                        Existing Storage Shed (12 ft. by 14 ft.)
                                             Proposed Deck (12 ft. by 30 ft.)
                                             Proposed Addition (37 ft. by 12 ft.)

         8. Subsurface Wastewater Disposal Systems:

             Existing Two (2) Combined Systems Serving the Rock Pond I and White Birch Condominium
             Complexes, and Partially Serving the Rock Pond II Condominium Complex
                  Soil Types: 3-C and 3-D per the Maine State Plumbing Code

             Existing Engineered System Serving the Base Lodge, the Maintenance Facility, the existing and
             proposed South Branch Townhouse Condominium Complex; Partially Serving the Rock Pond II
             Condominium Complex; the Saddleback Estates House Lots; the existing and proposed Mountain
             Brook Timeshare Condominium Complex; and the East Magalloway Subdivision.
                 Soil Types: 3-B, 3-C and 3-D per the Maine State Plumbing Code


         9. Affected Waterbodies:     Saddleback Lake, Rock Pond, Midway Pond, Haley Brook, Rock Pond
            Stream, and two unnamed streams.

             The Commission has identified Saddleback Lake as a management class 7, resource class 2,
             accessible, developed lake with significant fisheries resources.

             The Commission has identified Rock Pond as a management class 7, resource class 3, inaccessible,
             undeveloped seven acre pond.

             The Commission has identified Midway Pond as a management class 6, resource class 3,
             inaccessible, undeveloped seven acre pond.

    Background

             Development Existing Prior to the (D-PD) Planned Development Subdistrict

         10. Prior to September 23, 1971, the Saddleback Mountain ski resort was developed with two base
             lodges, a maintenance garage, two accessory structures, a snowmaking pump house, four ski lifts,
             and 18 ski trails. The first base lodge was constructed in 1959, and the second base lodge was
             constructed in 1968. After construction of the second base lodge, the older lodge building was used
             as an indoor resting, picnic, and locker area for skiers. An accessory structure in the base lodge area
             that housed the original sewage disposal system for the White Birch Condominiums is now used for
             storage.

         11. After September 23, 1971, but prior to the establishment of the (D-PD) Planned Development
             Subdistrict, the Rock Pond I and the White Birch Condominium Complexes (Reference
             Development Permit DP 287 and Subdivision Permit SP 3123), and various expansions and
Page 4
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.

             modifications to existing ski area facilities were developed on the site. During this period the Maine
             Department of Environmental Protection also issued a Site Location permit for the facilities at the
             Saddleback ski resort.

             Development Authorized under Zoning Petition ZP 372, which established the (D-PD) Planned
             Development Subdistrict, and Final Development Plan Permit DP 4131

         12. In February of 1989 the Commission approved Zoning Petition ZP 372 and the associated
             Preliminary Development Plan. This decision established a (D-PD) Planned Development
             Subdistrict on 1960 acres of the 11,750 acres owned by Saddleback Mountain, Inc. and Franklin
             Timberlands, Inc. and approved a Preliminary Development Plan to create a "destination" ski resort.
             The Preliminary Development Plan granted preliminary approval for condominium and apartment
             development, and ski trail expansions with associated ski lifts and snowmaking facilities, subject to
             certain conditions and limitations.

         13. In May of 1991, Saddleback Mountain, Inc. and Franklin Timberlands, Inc. sought approval for
             Amendment A to Zoning Petition ZP 372, to include certain natural resource management activities,
             a notification process for maintenance and operations activities, the existing uses and structures, and
             the expansion development requested under Zoning Petition ZP 372 within the Preliminary
             Development Plan.

         14. In October of 1994 the Commission approved Amendment A to Zoning Petition ZP 372, authorizing
             additional land uses and development activities in the Preliminary Development Plan. Section VII of
             the Preliminary Development Plan authorized a time extension until April 30, 2004 for approval of
             the Final Development Plan.

         15. Public hearings on Zoning Petition ZP 372 and Amendment A to Zoning Petition ZP 372 were held
             in August of 1988 and November of 1991, respectively. Intervenor status was granted to the
             Appalachian Mountain Club, Appalachian Trail Club, Appalachian Trail Conference, Maine
             Appalachian Trail Club, Maine Audubon Society, Natural Resources Council of Maine, and
             Wilderness Society. The National Park Service participated as a government agency.

         16. In April of 1991, Saddleback Mountain, Inc. and Franklin Timberlands, Inc. submitted an
             application to the Commission for Final Development Plan Permit DP 4131 for final approval for the
             list of uses allowed within the (D-PD) Planned Development Subdistrict. At the same time
             Amendment A to Development Permit DP 4131 was submitted for the first phase of development.
             The request for Amendment A was withdrawn in February of 1995, but the request for the Final
             Development Plan Permit DP 4131 was subsequently put on hold, pending resolution of certain
             outstanding issues, including discussions with the National Park Service regarding the potential for
             impact to the Appalachian Trail and financial capacity.

         17. In September of 2003, Saddleback Mountain Inc. and Franklin Timberlands, Inc. sold 8,087 acres of
             their 11,750 acre parcel to Saddleback Land and Timber Corporation, including the entire 1960 acre
             (D-PD) Planned Development Subdistrict.

         18. In February of 2004, Saddleback Land and Timber Corporation and Saddleback, Inc. submitted a
             revised proposal for the first phase of the Final Development Plan Permit DP 4131. The proposal
             requested final plan approval for Sections VI,A,1,2, and 3; B;C; and D of the Preliminary
             Development Plan [‘Activities and Uses Allowed Without a Permit’, ‘Activities and Uses Allowed
             by Notification with Annual Reporting’, and ‘Existing Uses and Structures’]; clearing of the trees for
             six new trails; and an 18 month time extension to gain Final Development Plan approval. The
Page 5
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.

             request was approved by the Commission on March 31, 2004, with changes in the language to
             accommodate activities that could have the potential for an adverse impact on the Appalachian Trail,
             and activities approved under previous development permits that would expire.

         19. On April 27, 2004 Amendment B to Final Development Plan Permit DP 4131 was issued to the
             applicants, authorizing the reconstruction and expansion of the existing base lodge (built in 1968 at
             elevation 2450 feet) at the same location. The existing Ski Patrol Building and existing original base
             lodge (built in 1959) were removed and those facilities were incorporated into the expanded lodge.
             The total increase in base lodge area buildings footprint was 5795 square feet. An assessment of the
             user capacity and water use of the base lodge was completed. The services offered by the base lodge
             remained the same but were expanded. The water use was estimated to be less than half the 93
             gallons per minute combined capacity of the two wells serving the Rock Pond I Condominium
             Complex, and that an adequate water source was available if additional water was needed. However,
             the White Birch Spring has continued to have an adequate supply for the base lodge. The Division
             of Health Engineering approved the expanded base lodge’s interim use of the existing Rock Pond
             Condominium combined sewage disposal system until a new, large engineered system to serve the
             ski resort could be constructed.

         20. On July 14, 2004, at the monthly Commission meeting in Eagle Lake, Amendment C to Final
             Development Plan Permit DP 4131 was issued to the applicants, authorizing an expansion of the
             snowmaking facilities, as follows: upgrade of existing above-ground piping along ski trails,
             installation of new above and below ground piping along ski trails; 12,600 linear feet of buried
             feeder pipe; pump house #2 near Saddleback Lake; and a water intake pipe into Saddleback Lake. In
             conjunction with the expanded snowmaking capacity, the Commission authorized the water
             withdrawal from Saddleback Lake as a snowmaking water source to replace the use of a small
             constructed pond near the base lodge and Rock Pond. The feeder pipe, pump house #2, and the
             intake pipe are located outside of the (D-PD) Planned Development Subdistrict boundaries.

         21. On August 17, 2004, staff issued Amendment D to Final Development Plan Permit DP 4131 to the
             applicants, authorizing a large engineered system to serve the base lodge and a new maintenance
             facility; an underground and above-ground utility line expansion; replacement and expansion of two
             ski lifts; completion of the six ski trails that were cleared under Development Plan Permit DP 4131;
             expansion of the Silver Doctor Ski Trail (Trail #9); a new maintenance facility; a gravel secondary
             road to access the new maintenance facility; and a parking area in the location of the old
             maintenance facility. The old maintenance facility is scheduled to be removed by fall of 2005, after
             which time the area will be converted to a parking lot.

         22. On November 5, 2004, staff issued Amendment E to Final Development Plan Permit DP 4131 to the
             applicants, authorizing a privately owned and maintained, above-ground, 34.5 kVA, 3-phase electric
             utility line, extending 3.3 miles from Route 16 to a point at least 12 feet from pump house #2 near
             Saddleback Lake. Beyond the pump house, the utility line is underground and follows the route
             approved under Amendments C and D (also the route of the buried snowmaking intake pipe and
             gravity feed sewage disposal pipe).

         23. Amendment F to Final Development Plan Permit DP 4131 was issued to the applicants on July 6,
             2005, granting approval for:

                  a. The Rock Pond II Condominium Complex, consisting of thirty (30) condominium units, an
                     access road, driveways and parking areas on an 8.36 acre parcel abutting the west side of the
                     Rock Pond I Condominium Complex;
Page 6
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.

                  b. The South Branch Townhouse Apartments, consisting of twenty-four (24) condominium
                     units, a driveway, and parking areas on a 3.11 acre parcel abutting the northwest side of the
                     White Birch Condominium complex;
                  c. Two new downhill ski trails and relocation of a portion of an existing ski trail located within
                     the area of the existing downhill ski trail system; and
                  d. Additional snowmaking capacity on four ski trails. The extent of the drawdown of
                     Saddleback Lake for snowmaking would remain the same as the level approved under
                     Amendment C.

                  All approved development was to be located within the boundaries of the (D-PD) Planned
                  Development Subdistrict, and set back more than 400 feet from the subdistrict boundary. For
                  the condominium complexes, no more than 20,000 square feet (footprint) was to be under
                  construction at any one time.

         24. Amendment G to Final Development Plan Permit DP 4131 was jointly issued to the Rangeley Lakes
             Cross Country Ski Club and the              Saddleback Land & Timber Corporation on November
             21, 2005. Amendment G authorized a cross-country ski facility, to be owned and operated by the
             Rangeley Lakes Cross Country Ski Club, which included a base lodge located along the Saddleback
             Mountain Road and a network of cross-country ski trails, some of which are in a P-MA Mountain
             Area Protection Subdistrict. Amendment G also authorized the addition of a 5 acre parcel to the D-
             PD Subdistrict to accommodate the facility. A public hearing was held on the proposal on October
             4, 2005 in Sandy River Plantation.

         25. Amendment H to Final Development Plan Permit DP 4131 was issued to the applicants on
             September 7, 2005. Amendment H granted an extension of the deadline to October 1, 2006 for Final
             Development Plan approval of all components of the Preliminary Development Plan that were
             approved under Amendment A to Zoning Petition ZP 372 in 1994 (see #3 to #9, above). By October
             1, 2006, the applicants are required to determine which of the activities approved in the Preliminary
             Plan under ZP 372-A would be included in the Final Development Plan, and which would be
             dropped.

         26. Amendment I to Final Development Plan Permit DP 4131 was issued to the applicants on July 12,
             2006. Amendment I authorized construction of five house lots and one timeshare condominium
             complex with associated utilities and wastewater disposal; extension and relocation of two ski trails;
             and expansion of the snowmaking infrastructure, including increased water withdrawal.

         27. Amendment J to Final Development Plan Permit DP 4131 was issued to the applicants on September
             6, 2006. Amendment J granted a change in Condition #1 of Amendment H of the Final
             Development Plan to require the applicants to submit for processing an amended Preliminary
             Development Plan prior to October 1, 2006 as opposed to submittal of a Final Development Plan for
             ZP 372-A.

         28. On July 11, 2007, Amendment B to Zoning Petition ZP 372 was issued to the applicants to amend
             the Preliminary Development Plan and rezone an additional 1,898 acres of the applicants’ parcel
             from M-GN, P-GP, P-WL, P-MA, P-RR, and P-SL Subdistricts to D-PD Subdistrict. The revised
             plan provided a comprehensive 10- year schedule for expansion of the ski resort. Additional
             activities granted approval in the Amended Preliminary Development Plan included, but are not
             limited to: condominium development, house lot development, a number of facilities to provide
             amenities, and additional ski trails and ski lifts. The 10 year development plan was proposed to be
             constructed in at least four phases. A public hearing was held on the proposal on April 11, 2007 in
             Sandy River Plantation.
Page 7
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.



         29. On April 2, 2008, the Commission granted approval to the applicants for Amendment K to Final
             Development Plan Permit DP 4131 for the East Magalloway Subdivision consisting of 22 privately
             owned house lots, and for the removal of Condition #36 of the Amended Preliminary Development
             Plan (ZP 372-B) which restricted construction to no more that 20,000 square feet at any one time.

         30. On May 8, 2008, the Commission granted approval to the applicants for Amendment L to Final
             Development Plan Permit DP 4131 for Group Two of the South Branch townhouse Condominium
             Apartments. Group Two of the Mountain Brook Timeshare Condominium Complex, six new ski
             trail (3 False Peak and 3 Magalloway Trails), to cut the Magalloway Lift Line, and additional
             snowmaking pipe on two of the Magalloway Trails with the associated increase in water withdrawal.
             The Commission also granted approval for the applicants’ wastewater disposal system monitoring
             plan; and surface water and groundwater use monitoring plans, with the condition that the applicants
             review their plans with the other two major water users in the watershed, Nestle Waters North
             America, and the Rangeley Water District, and adjust the monitoring plans to best coordinate with
             these other users.

         31. In August of 2008, staff granted approval to the applicants for Amendment M to Final Development
             Plan Permit DP 4131 to change the structure setback to streams for the house lots in the East
             Magalloway Subdivision [reference Amendment K to Final Development Plan Permit DP 4131]
             from 100 ft. to 75 ft., the minimum setback for residential structures required by LURC in Section
             10.26,D,1,a of the Commission’s Land Use District and Standards.

         32. In November of 2008, staff granted approval to the applicants of Amendment N to Development
             Permit 4131 to expand the snowmaking infrastructure and to increase their water withdrawal from
             Saddleback Lake.

    Proposal

         33. The applicants now seek amendment approval to construct a 30 foot diameter yurt at the base of the
             Kennebago quad chair lift. The yurt would serve as a warming hut and snack shack for patrons of
             Saddleback Mountain during the ski season only. The yurt is proposed to be at least 100 feet from all
             waterbodies, 75 feet from all mapped and unmapped streams, at least 400 feet from all property
             boundary lines, and at least 75 feet from all roadways.

    Design Considerations

         34. The yurt would be constructed on a post foundation to minimize soil disturbance. All areas of
             disturbed soils will be seeded and mulched to prevent erosion. The applicants previously submitted
             an Erosion and Sedimentation Control Plan (E/S Plan), updated in April of 2008, containing Best
             Management Practices (BMPs) to be used for all activities disturbing soil within the Saddleback Ski
             Resort. The applicants update the BMPs periodically to reflect recommendations made by the State
             Soil Scientist for erosion control and storm water management. The BMPs are site-specific for the
             conditions at, and activities approved for, the Saddleback Ski Resort

         35. The yurt would be served by a subsurface wastewater disposal system for graywater only and would
             contain two composting toilets for use by patrons. The yurt will be supplied by hand carried water
             only.

         36. The applicants propose no new roadways, parking areas, driveways, or vegetation clearing.
Page 8
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.

         37. All solid waste would be removed from the yurt by Saddleback staff on a regular basis and
             transported to the base lodge by snow cat where it would be removed from the property with the
             regular solid waste generated by the facility. The amount of solid waste generated by the facility is
             projected to be minimal.

         38. Electricity is currently supplied to the Kennebago lift facility and to snowmaking facilities in the
             immediate vicinity via underground cable and would be expanded to accommodate the proposed
             yurt. Low wattage deck lighting is proposed for essential areas only and only proposed to be turned
             on during normal hours of operation.

         39. All access will be on foot or by snowcat or snowmobile during the ski season. During summer
             months the yurt will be accessible by vehicle via the existing service road to the lower Kennebago
             chair lift facility.

         40. The total cost of the yurt construction is projected to be $30,000. The project will be financed and
             constructed by Saddleback Inc.

         41. The yurt is proposed to be an earth-tone color to blend harmoniously with the natural surroundings.
             In addition the yurt is proposed outside of the National Park Service Scenic Easement area.

    Review Criteria

         42. Pursuant to 12 M.R.SA., § 685-B,4 of the Commission’s statute, the Commission shall approve no
             application, unless:

                  a. Adequate technical and financial provision has been made for complying with the
                     requirements of the State's air and water pollution control and other environmental laws, and
                     those standards and regulations adopted with respect thereto, including without limitation
                     the minimum lot size laws, sections 4807 to 4807-G, the site location of development laws,
                     Title 38, sections 481 to 490, and the natural resource protection laws, Title 38, sections
                     480-A to 480-Z, and adequate provision has been made for solid waste and sewage disposal,
                     for controlling of offensive odors and for the securing and maintenance of sufficient
                     healthful water supplies;

                  b. Adequate provision has been made for loading, parking and circulation of land, air and water
                     traffic, in, on and from the site, and for assurance that the proposal will not cause congestion
                     or unsafe conditions with respect to existing or proposed transportation arteries or methods,
                     and

                  c. Adequate provision has been made for fitting the proposal harmoniously into the existing
                     natural environment in order to assure there will be no undue adverse effect on existing uses,
                     scenic character, and natural and historic resources in the area likely to be affected by the
                     proposal, and

                  d. The proposal will not cause unreasonable soil erosion or reduction in the capacity of the land
                     to absorb and hold water and suitable soils are available for a sewage disposal system if
                     sewage is to be disposed on-site.

         43. Under the provisions of Section 10.21,G,2 of the Commission’s Land Use Districts and Standards,
             no development within the (D-PD) Planned Development Subdistrict, other than access roads and
             utility lines, shall be less than 400 feet from any property boundary line. This dimension may be
Page 9
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.

             increased or decreased, at the Commission’s discretion, provided good cause can be shown.
             Furthermore, the project shall be reasonably self-contained and self-sufficient and to the extent
             practicable provide for its own water and sewage services, road maintenance, fire protection, solid
             waste disposal, and police security.

         44. Under the provisions of Section 10.25,E,1 of the Commission’s Land Use Districts and Standards,
             the design of proposed development shall take into account the scenic character of the surrounding
             area. Structures shall be located, designed and landscaped to reasonably minimize their visual impact
             on the surrounding area, particularly when viewed from existing roadways or shorelines. To the
             extent practicable, proposed structures and other visually intrusive development shall be placed in
             locations least likely to block or interrupt scenic views as seen from traveled ways, water bodies, or
             public property. If a site includes a ridge elevated above surrounding areas, the design of the
             development shall preserve the natural character of the ridgeline.

         45. Under the approved Amended Preliminary Development Plan (Amendment B to Zoning Petition ZP
             372), warming hut reconstruction was proposed to take place in Phase 2 of the applicant’s 10 year
             build out.


    Based on the above Finding, the Staff concludes that:

         46. Adequate technical and financial provision has been made for the proposal in that Saddleback staff
             have demonstrated the capacity to complete projects of a similar scale in a professional and timely
             manner and, in that this project is financed 100% by the business. In addition, adequate provision
             has been made for solid waste and sewage disposal in that all solid waste will be removed from the
             site and all sewage will be treated onsite with an appropriately sized subsurface wastewater disposal
             system.

         47. Adequate provision for loading, parking, and circulation of traffic has been made in that the
             proposed yurt will not generate any additional vehicular traffic.

         48. Adequate provision has been made for fitting the proposal harmoniously into the existing natural
             environment in that the proposed yurt will be earth tone in color and designed to minimize all scenic
             impacts by not being situated on a ridge or knoll. In addition, lighting will be kept to a minimum and
             only used during normal hours of operation.

         49. Adequate provision has been made for reducing the potential for soil erosion in that the proposed
             yurt will be situated on a post foundation and any disturbed soil will be immediately seeded and
             mulched. Additionally, the applicants have proposed a comprehensive erosion and sedimentation
             control plan and are subject to its provisions.

         50. The proposal is in compliance with the provisions of Section 10.21,G,2 of the Commission’s Land
             Use Districts and Standards in that all development is at least 400 feet from all property boundary
             lines and is reasonable self-contained.

         51. The proposal is in compliance with the of Section 10.25,E,1 of the Commission’s Land Use Districts
             and Standards in that the proposed yurt will be earth tone in color and designed to minimize all
             scenic impacts by not being situated on a ridge or knoll. In addition, lighting will be kept to a
             minimum and only used during normal hours of operation.
Page 10
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.

         52. The proposal is consistent with the approved Amended Preliminary Development Plan (Amendment
             B to Zoning Petition ZP 372) in that warming hut reconstruction was a proposed development in
             phase 2 of development scheduled to take place from 2009-2010.

         53. The proposal complies with Sub-Chapter III of the Commission's Land Use Districts and Standards.

         54. The facts are otherwise as represented in Amendment P to Development Permit application DP 4131
             and supporting documents.

Based upon the above Findings, the staff concludes that if carried out in compliance with the Conditions below,
the proposal will meet the Criteria for Approval, section 685-B(4) of the Commission's Statutes, 12 M.R.S.A.

Therefore, the staff approves the application of Saddleback Land & Timber Corporation and Saddleback,
Inc. for Amendment P to Final Development Plan Permit DP 4131, with the following conditions:

         1. Except for conditions of Final Development Plan Permit DP 4131 that supersede the Amended
            Preliminary Development Plan (Zoning Petition ZP 372-B), all other provisions of the Amended
            Preliminary Development Plan shall remain in effect until final approval is granted for all activities
            listed in the Amended Preliminary Development Plan, or those activities are removed from the Plan.
            All conditions and provisions of Final Development Plan Permit DP 4131 (as amended), except as
            superseded by this amendment, shall remain in effect.

         2. Notwithstanding activities previously granted permit approval, and the activities granted approval
            herein and the associated conditions below, the Standards for Vegetative Clearing, Section 10.27,B
            of the Commission’s Land Use Districts and Standards, a copy of which is attached, must be
            complied with throughout the Planned Development Subdistrict.

         3. Notwithstanding activities previously granted permit approval, and the activities granted approval
            herein and the associated conditions below, the Standards for Filling and Grading Section 10.27,F of
            the Commission’s Land Use Districts and Standards, a copy of which is attached, must be complied
            with throughout the Planned Development Subdistrict.

         4. Construction activities authorized in this permit must be substantially started within 2 years of the
            effective date of this permit and substantially completed within 5 years of the effective date of this
            permit. If such construction activities are not started and completed within this time limitation, this
            permit shall lapse and no activities shall then occur unless and until a new permit has been granted
            by the Commission.

         5. All authorized structures must be set back a minimum of 75 feet from all mapped and upmapped
            streams, 100 feet from all other waterbodies, 75 feet from all roads, and 400 feet from other property
            boundary lines.

         6. Clearing and construction activities, except those necessary to establish sedimentation control
            devices, shall not begin until all erosion and sedimentation control devices (including ditches,
            culverts, sediment traps, settling basins, hay bales, silt fences, etc.) have been installed and
            stabilized. Once in place, such devices shall be maintained to ensure proper functioning. All
            temporary sedimentation and erosion control devices shall be removed after construction activity has
            ceased and a cover of healthy vegetation has established itself or other appropriate permanent control
            measures have been effectively implemented. Permanent soil stabilization shall be completed within
            one week of inactivity or completion of construction.
Page 11
DP 4131 P; Saddleback Land & Timber Corp. and Saddleback, Inc.

         7. Once construction is complete, the permittee(s) shall submit a self-certification form, notifying the
            Commission that all conditions of approval of this permit have been met. The permittee shall submit
            all information requested by the Commission demonstrating compliance with the terms of this
            permit.

         8. The scenic character and healthful condition of the area covered under this permit must be
            maintained. The area must be kept free of litter, trash, junk cars and other vehicles, and any other
            materials that may constitute a hazardous or nuisance condition.

         9. All exterior lighting must be located and installed so as to illuminate only the target are to the extent
            possible. Exterior lighting must not produce a strong, dazzling light of reflection beyond lot lines
            onto neighboring properties, water bodies, or roadway so as to impair driver vision or to create
            nuisance conditions. In addition, lighting must be kept to low wattage residential-type lighting and
            its use must be limited to normal hours of operation.

         10. Activities involving sources of potential contamination, including junkyards, automobile graveyards,
             gas stations, and bulk storage of petroleum products, must be located at least 300 feet from existing
             private and public water supplies.


This permit is approved upon the proposal as set forth in the application and supporting documents, except as
modified in the above stated conditions, and remains valid only if the permittee complies with all of these
conditions. Any variation from the application or the conditions of approval is subject to prior Commission
review and approval. Any variation undertaken without Commission approval constitutes a violation of Land
Use Regulation Commission law. In addition, any person aggrieved by this decision of the staff may, within 30
days, request that the Commission review the decision.

DONE AND DATED AT RANGELEY, MAINE, THIS 28TH DAY OF OCTOBER, 2009.


                                                      By: ________________________________________
                                                                   for Catherine M. Carroll, Director

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:55
posted:8/15/2011
language:Romanian
pages:16