Town of Cumberland

Board of Adjustment and Appeals

Minutes of Meeting

January 12, 2006

 

Present:            R. Scott Wyman, Adrian Kendall, Ron Copp, Pete Wilson, Andrew Black, Matt Manahan, Sam Wilkinson,

                       

Absent:             Mike Martin

 

Staff:                William Longley, Code Enforcement Officer, Pam Bosarge, Clerk

                

The meeting was called to order at 7:05 p.m.

 

Mr. Wyman welcomed the applicants and gave an overview of the rules of procedure for the meeting.  Stating there would be opportunity for public testimony. 

 

Hearings and Presentations:

 

1.         Special Exception - Westside Animal Hospital requests a special exception for a Dog Daycare and Boarding Kennel at 172 Gray Road, Tax Assessor Map U19, Lot 9 in the Highway Commercial district (HC); Christopher Copp, C.F.E., Inc., Owner.

 

Mr. Longley reviewed the request of Westside Animal Hospital.

 

Mr. Ron Copp stated Chris Copp is his brother, and was recused.

 

Mr. Chris Copp, owner stated the building was formerly the Cumberland Café.  Dr. Perkins currently has his animal hospital at 176 Gray Road, and would like to move the practice to 172 Gray Road.  Westside Animal Hospital will utilize the entire building, any renovations will be interior.  Dr. Perkins would like to offer his clients "doggie daycare and some overnight boarding.  The kennel will be located in the basement, with an exercise and rehabilitation fenced area in the back of the building. 

 

Dr. Perkins applicant stated he is re-locating his practice for increased square footage.  The daycare / boarding facility will be a safe controlled environment.  There will be no noise that would disturb his office on the main floor.

 

Mr. Wyman asked if current patients spent the night at the clinic.

 

Mr. Perkins stated most don't if they need 24-hour care they go to the Emergency Clinic in Portland.  There have been a few cats and dogs overnight.

 

Mr. Wyman asked how many animals would board.

 

Dr. Perkins stated cats would not be part of the daycare; there might be 6  10 cats overnight, and 10  20 daycare clients.  Boarding overnight would be approximately half as many clients.  Dr. Perkins stated this is a service that his clients have requested.  He has a very family friendly atmosphere in his clinic; patients in the practice are unleashed. 

 

Mr. Wyman asked if the exercise area in the back would be supervised.

 

Dr. Perkins stated yes.  The daycare would close at 5:00 or 5:30 p.m. when the hospital closes; there will be no daycare on the weekend.

 

Mr. Wyman asked if the exercise area would be covered.

 

Dr. Perkins stated no.

 

Mr. Kendall asked the proximity of the closest residences.

 

Mr. Copp stated southerly approximately 600+- feet away; in the northerly direction across from the fire station.

 

Mr. Kendall asked who owned the large lot to the rear of the property.

 

Mr. Copp stated the Town of Cumberland; it is the West Cumberland ball fields.

 

Mr. Wilkinson asked if the basement had any windows, and was it finished.

 

Dr. Perkins stated there are no windows; it will have a heating and ventilation system installed.

 

Mr. Wyman asked about odor.

 

Dr. Perkins stated the refuse will be disposed of, his office will be upstairs, and there will be no odor from the daycare / boarding kennel.

 

Mr. Copp stated the septic was designed for a 66-seat restaurant, and is 4-5 times larger than required for the veterinary clinic and boarding kennel.

 

Mr. Wyman asked for testimony from the public in support of the application.

 

Mr. Ron Copp, of 187 Gray Road, stated he is an abutter on one side and a partner on the other.  His residence is across Route 100.  The hospital has been across from his business for over ten years or more, and he is in favor of the application.

 

Mr. Wyman asked for testimony that was in opposition, there was none.  He asked for testimony that was neither for nor against but on a neutral basis.  There was none.  The public portion of the meeting was closed.

 

Mr. Black asked the size of the fenced in area.

 

Mr. Copp stated approximately 60" or 70, not the full width of the back of the building.  The fence will extend to the property line with a solid fence along the back line.

 

Mr. Black asked the height of the fence.

 

Dr. Perkins stated 6 with the fence buried a foot, so an animal couldnt dig under the fence.  Dr. Perkins stated his daycare / boarding kennel will have applications, and will not take problem dogs.  His purpose of the daycare / boarding will be to offer an extra benefit to his clients.

 

Mr. Black asked if he would install a higher fence.

 

Dr. Perkins stated yes, if necessary.

 

The Board reviewed the Special Exception standards, Section 603.2.3 with the following findings:

 

.1         The proposed use will not create hazards to vehicular or pedestrian traffic on the roads and sidewalks serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage, intensity of use by both pedestrians and vehicles and the visibility afforded to pedestrians and the operators of motor vehicles;

Westside Animal Hospital is not proposing any changes to parking or sidewalk areas that are in place from the past restaurant usage.  There will be no increase to vehicular or pedestrian traffic on the roads.

The Board found this requirement to be satisfied.

 

.2         The proposed use will not cause water pollution, sedimentation, erosion, contaminate any water supply nor reduce the capacity of the land to hold water so that a dangerous, aesthetically unpleasant, or unhealthy condition may result;

There will be no increase in impervious surface.  The existing septic system is adequate, and will not cause water pollution.

 The Board found this requirement to be satisfied.

 

.3         The proposed use will not create unhealthful conditions because of smoke, dust, or other airborne contaminants;

The daycare and boarding kennel will be inside in the basement, with a fenced in play area, this will not create any unhealthful conditions. 

The Board found this requirement to be satisfied.

 

.4         The proposed use will be compatible with the uses that are adjacent to and neighboring the proposed location, as measured in terms of its physical size, intensity of use, visual impact, and proximity to other structures and the scale and bulk of any new structures for the proposed use shall be compatible with structures existing or permitted to be constructed on neighboring properties;

The exterior of the building will not change; the building is compatible with a sister building next door.  The use is compatible with the neighborhood and will not increase the intensity of use for the proposed use.

The Board found this requirement to be satisfied.

 

.5         The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard or restrict access of light and air to neighboring properties;

The daycare / boarding kennel will be located in the basement of the building, and the fenced in area will be in back of the building.  The use will not create nuisances to neighboring properties.

The Board found this requirement to be satisfied.

 

.6         The proposed location for the use has no peculiar physical characteristics due to its size, shape, topography, or soils which will create or aggravate adverse environmental impacts on surrounding properties;

The exterior of the building will not be altered, and the location has no peculiar physical characteristics due to its size, shape, topography, or soils which will create or aggravate adverse environmental impacts on surrounding properties.

The Board found this requirement to be satisfied.

 

.7         The proposed use has no unusual characteristics atypical of the generic use which proposed use will depreciate the economic value of surrounding properties;

The proposed use has no unusual characteristics that would depreciate the economic value of surrounding properties:

The Board found this requirement to be satisfied.

 

.8         If located in a shoreland zone, the proposed use (1) will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat; (ii) will conserve shoreland vegetation; (iii) will conserve visual points of access to waters as viewed from public facilities; (iv) will conserve actual points of access to waters; (v) will conserve natural beauty and (vi) will avoid problems associated with flood plain development and use.  [Amended, effective 12/2/86]

The Board determined the property is not in a shoreland zone.

 

In addition, Section 603.2.7 was reviewed with the following findings.

 

In addition to the standards contained in Section 603.2.3, all special exceptions must conform with the performance standards set forth herein.  No use already established on the date of adoption of this ordinance shall be so altered or modified as to conflict with or, if already in conflict with, to further conflict with these performance standards.

 

.1         The volume of sound, measured by a sound level meter and frequency weighting network (manufactured according the standards prescribed by the American Standards Association), inherently and recurrently generated shall not exceed a maximum of 60 decibels at lot boundaries, excepting air raid sirens and similar warning devices;

There will not be any sound that will exceed 60 decibels at lo boundaries.

The Board found this requirement to be satisfied.

 

.2         Vibration inherently and recurrently generated shall not exceed a peak particle velocity of .01 inches per second at lot boundaries;

There will not be any vibration associated with the proposed use that will generate a peak particle velocity of .01 inches per second at the lot boundaries.

The Board found this requirement to be satisfied.

 

.3         No materials or wastes shall be deposited on any lot in such form or manner that they may be transferred beyond the lot boundaries by regularly recurring natural causes or forces, and all materials which cause fumes or dust, constitute a fire hazard, or are edible or otherwise attractive to rodents or insects if stored out-of-doors shall be in closed containers;

There will be no materials stored out-of-doors that will be transferred beyond the lot boundaries.

The Board found this requirement to be satisfied.

 

.4         The emission of noxious, odorous matter across lot boundaries in such quantities as to be offensive to persons of ordinary sensibilities is prohibited; and

There will be no emission of noxious matter across the lot boundaries in such quantities as to be offensive to persons of ordinary sensibilities.

The Board found this requirement to be satisfied.

 

.5         No discharge into any private sewage disposal system, or stream or into the ground of any materials in such nature or at such temperature as to contaminate any water supply or otherwise cause the emission of dangerous or unhealthful elements is permitted, and no accumulation of solid waste conducive to the breeding of rodents or insects shall be allowed.  [Amended, effective 12/2/86]

The proposed daycare / boarding kennel will use the existing septic system which is adequate and will not discharge into the ground any materials which would contaminate any water supply.

The Board found this requirement to be satisfied.

 

Mr. Wilson asked about the language in the Ordinance which implied a dog daycare and boarding kennel were allowed uses.

 

Mr. Longley stated they are allowed as a special exception use.

 

Mr. Manahan moved to grant Westside Animal Hospital a special exception for a dog daycare / boarding kennel at 172 Gray Road, Tax Assessor Map U19, Lot 9 in the Highway Commercial (HC) district; Christopher Copp, F.F.E., Inc., Owner.  The approval is subject to Site Plan Approval from the Planning Board.

 

Mr. Kendall seconded.                                                   VOTE: 5 in favor (Wilkinson,

                                                                                                Manahan, Kendall, Wyman,                                                                                                       Wilson)

                                                                                                1 opposed (Black)

 

Mr. Black voiced concern that the fence should be 8.

 

Dr. Perkins stated he has never seen a dog that can clear a 6 fence, even Border Collies.

 

Mr. Manahan asked if there would be an attendant in the fenced in area.

 

Dr. Perkins stated yes, this will be a play ground for dogs.

 

Mr. Black moved to amend the motion to include that an 8 fence be installed in the exercise area.

 

Mr. Blacks motion was not seconded.  The amendment did not carry due to lack of a second.

 

2.         Variance - Margaret Y. Hawkins, Trustee requests a height variance from 35 to 38 6 and a side yard setback variance from 30 to 26 6 at 95 Schooner Ridge Road, Tax Assessor Map R02A, Lot 21 in the Low Density Residential district (LDR), Rod Sidley, Architect for Margaret Y. Hawkins, Trustee.

 

Mr. Longley reviewed the request, stating that Margaret Hawkins had sent a letter giving permission for Abigail Bliss, (her daughter) or Axel Berg, (Contractor) to represent her at the meeting.

 

Mr. Axel Berg, representative stated he is a contractor who lives in Falmouth, and has been in the building business for 25 years.  Dr. Hawkins suffered a spinal cord injury approximately 20-years ago and is confined to a wheelchair.  Dr. Hawkins has 24-hour medical assistance.  Dr. Hawkins body is unable to regulate temperature because of the injury.  They are requesting a small bump out on the side of the garage to allow the ramp of the handicapped van to open and allow Dr. Hawkins access within the climate controlled garage.  Mr. Berg reviewed the plan showing the bump out at a triangular angle to mitigate encroachment into the setback.  The area will encroach 3 6 into the setback.  Dr. Hawkins second request is a height variance to provide a closed in observation area which is temperature controlled to enjoy the views of Casco Bay.  The most important request is the side setback; the applicant would be willing to withdraw the request for the height variance if necessary.  Dr. Hawkins cannot occupy the house without the side setback allowing him to exit into the climate controlled garage.

 

Ms. Abby Bliss stated she is the daughter of Dr. & Mrs. Hawkins.  Ms. Bliss presented the Board with a copy of the Department of Housing and Urban Development Fair Housing Act. 

 

Mr. Manahan quoted Maine law 30-A § 4353.4-A Disability Variance which states The Board may grant a variance to an owner of a dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling.  The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability.  The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling.  For the purposes of this subsection, a disability has the same meaning as a physical or mental handicap under Title 5, section 4353¹and the term structures necessary for access to or egress from the dwelling is defined to include railing, wall or roof systems necessary for the safety or effectiveness of the structure.

 

Mr. Wyman asked if there was anyone living in the house.

 

Mr. Berg stated not at this time, the Hawkins have spent time while visiting their daughter; they are waiting for the renovations to be completed. 

 

Mr. Wyman asked if there was any other feasible alternative, could you extend the garage towards the driveway.

 

Mr. Berg stated this would have a large economic impact to change the footprint of the garage; half of the gable wall would have to be moved forward, it may be a possibility, but isnt feasible.

 

Mr. Black asked for clarification on the location of the proposed bump out in the garage.

 

Mr. Berg stated on page 3 of the building plans, there is a small protrusion, which is one story, the alternative to move the garage forward would raise the pitch of the roof.

 

Mr. Black asked about the height variance request.

 

Mr. Berg reviewed the plans and explained the applicant was requesting an observation platform that is climate controlled.

 

Mr. Black asked if the applicant would suffer any economic injury if the height variance was not granted.

 

Ms. Bliss stated not for the height, but for the side setback variance request.

 

Mr. Wilkinson asked if the ceiling height could be lowered.

 

Mr. Berg stated no, the existing structure defines the ceiling heights, and clearance is needed for the elevator.

 

Mr. Black asked if there was any need to exceed the height limit to access the existing house.

 

Mr. Berg stated no.

 

Mr. Wyman asked for testimony from the public that was in favor of the application.

 

Ms. Helen Cleaves of 89 Schooner Ridge stated she was an immediate abutter and supported the side setback variance; it will not impact her property.  She did not have any testimony regarding the height variance request.  When she built her house they were going to have a cupola, but couldnt build it without a variance, which they did not request.

 

Mr. Wyman asked for testimony that was in opposition.  There was none.  Mr. Wyman asked for testimony that was neither for nor against but on a neutral basis.  There was none.  The public portion of the meeting was closed.

 

Mr. Manahan moved to grant Margaret Y. Hawkins, Trustee a variance of three feet-five inches (35) from the thirty foot (30) side setback requirement to extend the garage at 95 Schooner Ridge Road; Tax Assessor Map R02A, Lot 21 in the Low Density Residential district. 

The Board voted to approve the variance request based on the findings and conclusions of 30-A § 4353.4-A Disability Variance.

 

Mr. Black seconded.                                                     VOTE:  Unanimous

 

Mr. Manahan moved to grant Margaret Y. Hawkins, Trustee a variance of 36 from the 35 height restriction, at 95 Schooner Ridge Road, Tax Assessor Map R02A, Lot 21 in the Low Density Residential district.

 

Mr. Black seconded.                                                     VOTE:  0 - in favor

                                                                                                  Opposed - Unanimous

 

Mr. Copp asked if any neighbors view would be affected by the height increase.

 

Mr. Berg stated the house is off the road, and he didnt think it would affect other houses.

 

Mr. Copp asked if the addition needed to be 1 ½ stories for the elevator.

 

Mr. Berg stated yes, the elevator services the deck; there are two stops on the elevator above the deck.

 

Mr. Copp asked if the observation deck could be re-designed to have only one elevator stop.

 

 

2.         Administrative Matters

 

1.         Approval of Minutes of December 8, 2005.

 

Mr. Wilkinson moved to approve the minutes of December 8, 2005.

 

Mr. Manahan seconded.                                                            VOTE:  Unanimous

 

 

3.         Adjournment

 

Mr. Manahan moved to adjourn at 8:00 p.m.

Mr. Black seconded.                                                     VOTE:  Unanimous

 

Adjournment 8:00 p.m.

 

A TRUE COPY ATTEST:

 

 

 

______________________________                                                __________________________

R. Scott Wyman, Board Chair                                                    Pam Bosarge, Board Clerk

 

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