Town of Cumberland, Maine - April 14, 2005 Board of Appeals Minutes

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

Hearings and Presentations:

3. Special Permit Town of Cumberland

Goose Pond Road

Cumberland, ME 04021

Tax Assessor Map R07, Lot 48

Industrial District

Mr. Longley presented background information as follows: The Town of Cumberland requests a special permit for a gravel pit at Goose Pond Road on Map R7 Lot 48 in the Industrial (I) District.

The applicant is requesting approval of the annually renewable special permit to operate a gravel pit as a municipal use. The Public Works Director, Adam Ogden will be representing the Town in this request. The Board is requested to approve the one-year, annually renewable special permit as allowed in Section 410.1. At the March 16, 2004 Planning Board meeting, the applicant received a favorable advisory recommendation. A copy of the recommendation is included as part of the submittal. The question of requiring a surety bond is not applicable in this instance because the Town of Cumberland will not issue a surety bond to itself.

The Board will need to determine that the use will comply with the Extraction of Earth Materials regulation as stated in Section 410 of the Cumberland Zoning Ordinance:

Mr. Ogden, Public Works Director presented an overview as follows: the town owns a ten-acre gravel pit off from Goose Pond Road. The gravel pit is surrounded on all sides by gravel pits. A new access road was installed two years ago. The State processes stockpile at its pit. The gravel pits have been excavated to the common boundaries as allowed by Code. There have been no complaints, there is a buffer along the road and they have had no accidents or vandalism. Mr. Ogden provided an aerial view with the new access road.

The Board dialoged with the applicant and reviewed the special exception criteria.

Mr. Kendall stated these standards could be used to create a form and have the applicant fill out the form as to how the standards are met.

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

The Board reviewed the standards of Section 410.3 with the following findings:

Sec. 410 Extraction of Earth Materials

410.1 Top soil, rock, sand, gravel and similar earth materials may be removed from locations where permitted under the terms of this Ordinance only after the granting of a one year, annually renewable special permit for such operations as may be issued by the Board of Adjustment and Appeals and under such terms and conditions as may be approved and provided for by the Board and as provided for in this Ordinance.

410.3 Standards:

.1 The operation shall be shielded from surrounding property by an adequate buffer area of not less than 200 feet from the top of the final grade to the property line, except that the Board of Adjustment and Appeals may reduce the buffer area from the minimum requirement of two hundred (200) feet to a minimum requirement of not less than one hundred (100) feet provided that any excavated property remaining will be left in a condition more useful for some future purpose conforming to the district requirements in which the excavation site is located.

The property is bordered on all sides by gravel pits. The common boundaries have been excavated with no buffers as allowed in the original site plan approval that was drafted by the Town Attorney.