Present:        Adrian Kendall, Andrew Black, Matthew Manahan, & Ronald Copp

Absent: R. Scott Wyman, George Turner & Michael Martin

Acting Chairman Adrian Kendall in the Council Chambers at Town Hall called the meeting to order at 7:02 PM

Mr. Kendall welcomed the applicants and gave an overview of the rules of procedure and the order of the meeting.  Stating there would be opportunity for public testimony and four positive votes would be required to approve a request.

I.      Special Exception                           Michele Brown
                                                  50 Woodlands Way
                                                  Tax Assessor Map R03, Lot 18
                                                  Rural Residential 1 District

Mrs. McPheters presented background information as follows:  Michele Brown requests a special exception to relocate a previously approved day care home occupation from 43 Harris Road to 50 Woodlands Way on Map R03 Lot 18 in the Rural Residential 1 District.

At the July 12, 2001 meeting, the Board voted to grant a special exception for a day care home as a home occupation at 43 Harris Road.  The day care home was approved with the conditions that the hours of operation be from 7:30 am to 6:00 p.m. Monday through Friday and limited to twelve (12) children. The Board may wish to address parking with the applicant.
The Board will need to determine that the use will comply with the following definitions from Section 104.35 and 104.60 and 414.1 and Sections 603.2.3 and 603.2.7 of the Cumberland Zoning Ordinance:

Ms. Michele Brown stated that she wants to move her daycare business to a different location, everything will remain the same.  The home that she is moving to has an open floor plan on the first floor.  The second story will be gated and will consist of her private living quarters.  Handrails will be installed to meet Town Code prior to opening the business.

Mr. Manahan asked if the hours of operation would be 7:30 a.m. to 6:00 p.m.

Ms. Brown stated that yes.

Mr. Kendall inquired if the lease restricts her to residential use only.

Ms. Brown stated she is leasing from Robert and Diane Wood and the lease gives permission to operate the daycare.  The septic system will be pumped every year.

Mr. Black asked if there would be any employees and how many children would attend the daycare.

Ms. Brown stated her State license allows up to fifteen children, she currently has between ten and twelve. She has no regular employees; she does have enrichment teachers for up to one-hour intervals.  An example of those teachers would be karate, dance, piano and art.   Ms. Brown stated she has a list of substitutes that could relieve her in case of sickness or an emergency.

Mr. Copp asked if the house at 50 Woodlands Way was a single-family dwelling.

Ms. Brown stated yes, the first floor will be used for the daycare and the upstairs will be her living area.

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

Mr. Chris Roach, of 39 Shady Run Drive stated that his two children have attended Ms. Brown's daycare for two years.  She has an excellent program and he is in favor of her daycare relocating and continuing to operate.

Ms. Dana Andrews, of 15 Shady Run Drive stated Ms. Brown was her children"s nanny for nine years and they currently attend the daycare.  She is also in favor of the daycare relocating and continuing to operate.

Mr. Kendall asked for testimony that was in opposition, neutral or informational and there was none.  The public portion of the meeting was closed.

The Board reviewed Section 104.60 with the following findings:
414.1   Any home occupation such as arts and crafts work, dressmaking, tutoring, music teaching, and the use of a portion of a residential building as a bed & breakfast inn, day care home, or as the office of a physician, dentist, lawyer, engineer, architect, hairdresser, barber, real estate broker, insurance agent, accountant or similar uses may be approved as a special exception by the Board of Adjustment and Appeals if:  [Amended, effective 12/13/89]

.1      The occupation of an office will be managed by a member of the family residing within the dwelling unit.  Up to two employees who are not members of the family may be employed in a home occupation, and;
The applicant will reside in the dwelling unit and will have limited enrichment classes by other individuals.
The Board found this requirement to be satisfied.

.2      The occupation or office will be located wholly within the principal or accessory structures, and;
The daycare will be located within the applicants principal dwelling.
The Board found this requirement to be satisfied.

.3      Exterior displays, exterior storage of materials, and exterior indication of the home occupation will not be permitted except for signs as may be specifically provided for by the Board of Adjustment and Appeals and as may otherwise conform to the conditions of this Ordinance; and
The daycare home will have no sign.
The Board found this requirement to be satisfied.

.4      Noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare will not be detectable beyond property limits, and;
There will be no noise, vibration or disturbance detectable beyond the property limits.
The Board found this requirement to be satisfied.

.5      Off-street parking spaces will be provided in an amount to be determined by the Board as necessary to avoid street congestion.
The driveway will accommodate the parking of four vehicles.  The property is accessed by way of a private way, which will be maintained by the landlords.  There will be no off-street parking.
The Board found this requirement to be satisfied.

414.2   The granting of a special exception approval for a home occupation shall apply to the applicant only while the applicant resides at the property.
The applicant will be licensed by the State for a daycare home located at 50 Woodlands Way.
The Board found this requirement to be satisfied.

The Board reviewed Section 104.35 and 104.60 with the following findings:

.35     Day Care Home:  A house or other place conducted or maintained by anyone who provided, on a regular basis and for consideration, care and protection which is required to be licensed by the State, for three to twelve unrelated persons for any part of a day.  Any facility, the chief purpose of which is to provide education, shall not be considered to be a day care home.
The applicant will operate a daycare home from 7:30 a.m. to 6:00 p.m. Monday through Friday for twelve children.
The Board found this requirement to be satisfied.

.60     Home Occupations:  Accessory use conducted within a dwelling or accessory structure by the residents thereof, which is clearly secondary to the dwelling used for living purposes and does not change the character thereof.
The daycare home will be secondary to the dwelling used for living purposes and will not change the character of the dwelling.
The Board found this requirement to be satisfied.

The Board then 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;
The driveway will accommodate the parking of four vehicles.  The daycare is accessed from a 1/8-mile long private way.  There will be no off-street parking.
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 septic tank will be pumped annually.  There will be no pollution or contamination to 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 daycare home will not create unhealthful conditions or 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;
The daycare home will be compatible with the uses that are adjacent to and neighboring the proposed location.  The property is 1/8-mile from Route 9 and will be compatible with structures existing or permitted to be constructed on neighboring properties.
 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;
There will be no additional noise, dust or smoke 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 daycare home will not have an adverse impact on the environment or 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 daycare home 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 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;
The daycare home will not generate any noise that is not typical to the neighborhood.
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 be no vibration or noise above the peak particle velocity of .01 inches per second at 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 or wastes that would constitute a fire hazard, or attract rodents or insects.  There will be no materials stored out-of-doors.
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, odorous matter across lot boundaries to be offensive to persons.
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 septic system will be pumped annually by the landlord..
The Board found this requirement to be satisfied.

Mr. Manahan moved to grant the special exception request of Michele Brown to relocate a previously approved day care home occupation from 43 Harris Road to 50 Woodlands Way on Map R03 Lot 18 in the Rural Residential 1 District.

Mr. Black seconded.                                 VOTE: Unanimous

Mr. Black moved to adjourn the meeting at 7:22 PM.

Seconded by Mr. Manahan.                             VOTE:  Unanimous


Respectfully Submitted,


Deborah Flanigan, Secretary