Town of Cumberland, Maine - June 9, 2005 Board of Appeals Minutes

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. The meeting is a make up meeting. The Board will hold its regularly scheduled June meeting on the 9^th.

1. Special Exception Planet Dog

U. S. Route One

Cumberland Business Park

Tax Assessor Map R02D, Lot 1

Mr. Longley presented background information as follows: Planet Dog plans to relocate its corporate facility to Lots 4 and 5 of the Cumberland Business Park. Light manufacturing and day care for children of employees are special exception uses in the OC district and require approval by the Board of Appeals. Light Manufacturing is defined by the ordinance as "an establishment which is engaged in the mechanical transformation of materials into new products, including the assembling of component parts, and which has the following characteristics:

1. Does not create any offensive smoke, dust, odor, or other unhealthy or offensive air-borne discharge:

2. Does not create any offensive noise or vibration:

3. Does not include any outdoor storage of equipment or material; and

4. Is designed so that the external appearance of any building is compatible with the neighborhood in which it is located.

One of the special exceptions in the OC Zone is permitted uses in the Local Business (LB) zone. Retail stores less than 5,000 square feet and provided that there shall be no more than three stores in any structure or group of attached stores: (204.6.1.1) are a permitted use in the LB zone. Since it is a special exception in the OC zone approval from the Board of Adjustment and Appeals is required.

Mr. Decker of SYTDesign Consultants, representative stated the applicant was not able to be present at the meeting. Planet Dog is a company that is all about dogs. They distribute dog toys; they currently have a shipping facility on Fore Street in Portland, and an office and retail establishment on Marginal Way. They would like to consolidate their facilities into one location and build their new headquarters on Lots 4 & 5 of the Cumberland Business Park. The total building gross floor area of 21,500 square feet is comprised of the following uses:

· 500 sq. ft. Light Manufacturing. This is primarily for the production and testing of new products.

· 13,000 sq. ft. - Office space

· 3,000 sq. ft. Warehouse/Distribution A very small percentage of total products (less than 5%) are expected to be distributed from the Cumberland campus. Truck traffic will be limited to hours between 6:00 a.m. and 6:00 p.m.

· 1,200 sq. ft. Retail Store

· 1,800 sq. ft. Utility and Storage

The applicant will go before the Planning Board to be reviewed under the Site Plan Review Ordinance.

Mr. Wyman stated he would prefer it the owner were present to answer questions. He asked Mr. Decker about their product line, and asked if they would have dogs at the facility for testing.

Mr. Decker stated they make dog toys, such as balls and cloth toys. Their company is about researching and developing and testing toys for dogs. They have employees who bring their dogs to work with them; there will be free roaming dogs. They have approximately 58 60 employees and many have dogs. They may occasionally walk them on the grounds.

Mr. Copp asked if they sell dog food and medicine, and do they manufacture food?

Mr. Decker stated maybe in the retail store.

Mr. Wilson asked about dog grooming, will dogs be left on the premises.

Mr. Decker stated he was not sure.

Mr. Kendall asked if the day care facility was in support of the employee operations. The day care does not have the same scenario as other day cares that have been reviewed under 104.36, the day care falls more into an adjunct use, not a day care in the true sense of word.

Mr. Wyman asked about licensing.

Mr. Longley stated yes there would be licensing required.

Mr. Copp asked how many employees.

Mr. Decker stated 55 with an expected increase to 58 or 60. He stated there would be eight to ten children in daycare.

Mr. Kendall asked for clarification about the daycare, and what the applicant was requesting.

Mr. Decker stated the current plan is for the upper level to be warehouse and shipping, at the other end on the lower level will be a wellness center and daycare, the two buildings will be connected through a skywalk. Mr. Decker stated the applicant has not drafted drawings, as these uses are critical to their operation, and if they were not permitted they may have to seek an alternate location.

Mr. Wyman asked if there would be a fenced in play area.

Mr. Decker stated yes.

Mr. Decker asked if the applicant had any intent to kennel dogs or have dog grooming.

Mr. Decker stated no if that happened, the applicant would return to the Board.

Mr. Martin asked if there would be any dogs spending the night.

Mr. Decker stated no.

Mr. Kendall stated one of the findings for a special exception is to determine the use will be compatible with the neighborhood, with no external drawings it is difficult to make that finding.

Mr. Decker stated the applicant will undergo Planning Board Site Plan Review and adhere to the Route One Design Guidelines.

Mr. Martin agreed as part of the requirement for the Board the building must be found to be compatible with the neighborhood and have no characteristics that would negatively impact the surrounding properties.

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.

Mr. Wyman stated that a special exception was neither special nor an exception it is tantamount to a permitted use. The Boards obligation is to determine that the application meets the standards of Section 603.2.3 and 603.2.7. If the Board was to not vote in favor of the application the applicant would be precluded from returning to the Board for twelve months. The Board does not have enough information to determine if the building will be compatible with surrounding properties.

Mr. Decker asked to have the application tabled until the next meeting.

Mr. Kendall stated he agreed that would be appropriate, the Board had a similar application from a Church and needed drawings and more information to determine if the applicant met the criteria.

Mr. Martin stated this is a unique company and it would be helpful to have the owner present to answer questions.

Mr. Wilson asked for more information on the light manufacturing, would this create any odors.

Mr. Decker stated he has been assured there are no toxic chemicals used that would cause odors.

Mr. Kendall moved to table the request of Planet Dog for a special exception for light manufacturing; day care for employee's children and a retail store at its proposed Corporate Campus on Lots 4 & 5 of the Cumberland Business Park, U.S. Route One, Tax Assessor Map R02D, Lot 1 (portion) until the next meeting.

Mr. Martin seconded. VOTE: Unanimous

Administrative Matters 

The minutes of the June 2, 2005 meeting will be deferred to the next meeting.

Adjournment:

Mr. Kendall moved to adjourn.

Mr. Copp seconded. VOTE: Unanimous

Adjournment 7:30 p.m.

A TRUE COPY ATTEST:

_____________________________________ ________________________

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

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