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Town of Cumberland
Board of Adjustment and Appeals
Minutes of Meeting
December 9, 2004


 

Present:        R. Scott Wyman, Matt Manahan, George Turner, Andrew Black, Ron Copp
        
Absent: Adrian Kendall, Mike Martin
Staff:          William Longley, Code Enforcement Officer, Pam Bosarge, Board Clerk


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

Mr. Wyman welcomed the applicant and gave an overview of the order of the meeting,
Mr. Wyman explained there would be opportunity for public testimony and four positive votes
would be required to approve a request.

Hearings and Presentations:

1.      Reduction of private road                    Robert Craig
        construction standards               89 Sanderson Road
                                                  Tax Assessor Map U02, Lot 10
                                                  Low Density Residential District

Mr. Longley presented background information as follows:  Mr. Robert Craig requests a

reduction of private road construction standards contained in Section 421.4 of the Zoning Ordinance at 89 Sanderson Road, Tax Assessor Map U02, Lot 10 in the Low Density Residential (LDR) district, Walt Stinson, P.E., Sebago Technics, representative.  Mr. Craig was tabled at the October 21, 2004 meeting of the Board of Adjustment and Appeals. Mr. Craig is proposing to sell a four-acre backlot that will be accessed by Sanderson Road.    Section 421.4 requires a travel road width of 16' for 3 - 5 dwellings.  Sanderson Road is in the 10" to 12 range.

Mr. Walt Stinson, of Sebago Technics stated at the October 21, 2004 meeting, Mr. Craig was requesting a reduction in the roadway width and a reduction in the backlot requirement (doubling the lot size).  Mr. Craig has amended his request and is requesting only a reduction of the private way standard 421.4 (requiring a 16 travel way for 3-5 dwellings).  The creation of a new lot triggers review of the existing private way.

Mr. Wyman stated at the last meeting there was public testimony from Mr. Broder of 14 Ole Musket Road, Mr. Moore of 47 Foreside Road and Mr. Charlie Craig of 77 Sanderson Road in favor of the private way reduction request.  There was evidence that Sanderson Road as it exists provides safe access.  There was no public testimony against the request for a reduction of Section 421.4.

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.

Mr. Stinson stated public safety officials have requested the new dwelling be sprinkled for fire protection.  The applicant has agreed to this request.

Mr. Black asked if there were any proposed design changes to the road.

Mr. Stinson stated no.

Mr. Manahan moved to grant Mr. Robert Craig of 89 Sanderson Road a reduction of private road construction standards contained in Section 421.4 of the Ordinance, conditioned that the new dwelling have a sprinkler system.

Mr. Turner seconded.                                       VOTE:  Unanimous

The Board reviewed Section 403.2 and 603.2.6 with the following findings:

403.2  The Board of Adjustment and Appeals may allow a reduction of these standards upon a finding that backlots will be provided with safe access and that the proposed reduction in requirements is otherwise in conformance with Section 603.2.6.

The request was reviewed with the Town Public Safety Official.  It is understood that, from a public safety standpoint, the existing driveway as it exists could be considered a safe access if the new home constructed on the proposed lot is sprinkled.
The Board found the requirements of this section were met.

603.2.6  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.

Sanderson Road is an existing private way.  There are no peculiar physical characteristics that would adversely affect the neighborhood.  The road is paved with trees, which provide buffering to abutting properties.
The Board found the requirements of this section were met.

Administrative Matters

1.      Minutes of the October 21, 2004 meeting.

Mr. Manahan moved to approve the minutes of the October 21, 2004 meeting.

Mr. Black seconded.                                 VOTE:  Unanimous

Adjourn 7:15 p.m.


A TRUE COPY ATTEST:



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


 

290 Tuttle Road
Cumberland, ME 04021
Phone (207) 829-5559  
Fax (207) 829-2214

 
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