Town of Cumberland
Board of Adjustment and Appeals
Minutes of Meeting
March 10, 2005

 

Present:   R. Scott Wyman, George Turner, Matt Manahan, Ron Copp, Mike Martin              

Absent:     Adrian Kendall, Andrew Black

The meeting was called to order at 7:00 p.m.

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

Mr. Wyman welcomed the applicants and gave an overview of the order of the meeting.  Stating there would be opportunity for public testimony.  Mr. Wyman stated there was a quorum of five members present.  Two of the present members Mr. Turner and Mr. Copp would be unable to hear the item; because of personal involvement in the sale of the property.  Mr. Turner was the listing broker in the transaction, and Mr. Copp was the seller.  Mr. Wyman informed the applicant that three members would hear the case and a unanimous vote would be needed.  Mr. Wyman explained that if the applicant was denied he would not be able to re-appear before this board for a year, and gave the applicant an opportunity to table and be heard at the next meeting with a full board.  The applicant decided to be heard by the reduced Board.

Hearings and Presentations:

1.              Special Exception                                                  Fortin Home Construction

                                                                                                Route 100 and Mill Road

                                                                                                Tax Map U19, Lot 21

                                                                                                Cumberland, ME 04021

                                                                                                Local Business / RR2 Zone

 

Mr. Longley presented background information as follows:  Fortin Home Construction has purchased the lot located on the corner of Route One and Mill Road, Tax Assessor Map U19, Lot 21, which they will split into two lots.  Each lot is proposed to have a single-family dwelling.        

Mr. Tim Nolan, representative for Fortin Home Construction stated he is a resident of Falmouth.  The land was purchased on February 28^th 2005; the lot was created in July 1999 from Michael Wilson representing the estate of Mabel Wilson.  Fortin Home Construction would like to split the lot in Lot A & B and construct a single family dwelling on each lot.  The lots will be accessed from Mill road.  The soils test shows adequate septic ability, the lots will have private wells.  There are no existing wells within 100' of the septic test locations.  The site is level will a hill on the back side.  The proposed driveway entrances will be more than 100" feet from Route One-Hundred.  There will be no pollution to abutting properties, the dwellings will not be peculiar or depreciate surrounding property values.  The property is not in the shoreland zone.

Mr. Wyman asked if there were adequate soils on both lots.

Mr. Fortin stated yes.

Mr. Wyman asked for testimony from the public in support of the application.  Mr. Wyman asked for public testimony in opposition, neutral or for informational purposes.  There was none.  The public portion of the meeting was closed.

The Board reviewed the special exception standards 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;

The proposed single-family dwellings will not create hazards to vehicular or pedestrian traffic, the driveway entrances will be off from Mill Road and more than 100 feet from the entrance of Route 100.

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;

The proposed single-family dwellings will have approved septic systems that will not cause water pollution, sedimentation, and erosion or contaminate any water supply.

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 proposed single-family dwellings will be used for residential housing, and will not create any unhealthful conditions because of smoke, dust, or other airborne contaminants.

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;

There are single-family dwellings on Gray Road, and Mill Road.  The dwellings will be compatible with the uses that are adjacent to the property.

 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 single-family dwellings will be used for  residential dwellings and 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 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 single-family dwellings will meet State Plumbing Code with approved septic systems and will not 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 single-family dwellings will have 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 property is not located within the shoreland zone.

The Board found this requirement not applicable.

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;

The proposed single-family dwellings will not create noise that would exceed a maximum of 60 decibels at lot boundaries.

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

The proposed use will not create vibration that would exceed 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;

The proposed single-family dwellings will not have any waste that would cause fumes, dust, and fire hazard or attract rodents or insects.  There will be no materials, other than normal household items stored outside.

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

The single-family dwellings will not give emission of noxious, odorous matter.

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 single-family dwellings will have approved septic systems that will not contaminate any water supply.

The Board found this requirement to be satisfied.

 

Mr. Manahan moved to grant a Fortin Construction a special exception to construct a single-family dwelling at Route 100 and Mill Road, Tax Assessor Map U19, Lot 21 (lot A) in the Local Business District.  The Board determined both requests meet the special exception standards.

 

Mr. Martin seconded.                                                   VOTE:  Unanimous

 

Mr. Manahan moved to grant Fortin Construction a special exception to construct a single-family dwelling at Route 100 and Mill Road, Tax Assessor Map U19, Lot 21 (lot B) in the Local Business District.  The Board determined both requests meet the special exception standards.

 

Mr. Martin seconded.                                                   VOTE:  Unanimous (Wyman,                                                                                                     Manahan, Martin)

 

 

Administrative Matters:

 

Mr. Manahan moved to approve the December 9, 2004 minutes with technical corrections.

 

Mr. Turner seconded.                                                   VOTE: 4 in favor (Manahan, Turner,                                                                                           Wyman, Copp)

                                                                                                  1 abstain (Martin)

 

The Board discussed keeping tract of zoning ordinance concerns for future reference.

 

Mr. Manahan moved to adjourn.

 

Mr. Turner seconded.                                                   VOTE:  Unanimous

 

Adjournment:  8:20 p.m.

 

A TRUE COPY ATTEST:

 

 

 

___________________                               _______________________

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

 

 

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