Town of Scarborough, Maine Zoning Board of Appeal

January 11, 2017 Agenda

1. Call to Order (7:00 P.M.) 2. Roll Call 3. Approval of Minutes (December 14, 2016) 4. Appeals b. Appeal No. 2596 – A Special Exception Application, by Sean Kelley, 81 Holmes Road, Assessor’s Map R20, Parcel 8A a. Appeal No. 2594 – A Special Exception Application, by Angela Grover, 176 Broadturn Road, Assessor’s Map R25, Parcel 1A 5. Zoning Board Comments 6. Adjournment

NO NEW APPEALS SHALL BE TAKEN UP AFTER 10:30 P.M.

Zoning Board of Appeal

January 11, 2017

MINUTES Members Present

Staff

Mr. Richard Mr. Maroon Mr. Crockett Mr. Stark Ms. Shupe

Mr. Longstaff, Zoning Administrator Mrs. Patterson, Recording Secretary

1. Call to Order Mr. Maroon called the meeting to order at 7:05 pm. 2. Roll Call The recording secretary called the roll; Mr. Hebert and Mr. Blaise were absent. Mr. Maroon stated both Ms. Shupe and Mr. Richard are voting members. 3. Approval of Minutes (December 14, 2016) Mr. Crockett made a motion to approve the December 14, 2016, minutes as presented; Mr. Stark seconded the motion. Vote was unanimous 5-0. 4. Appeals b. Appeal No. 2596 – A Special Exception Application, by Sean Kelley, 81 Holmes Road, Assessor’s Map R20, Parcel 8A Phillip La Flamme, General Manager for the Doggie Cottage explained to the Board that they are looking to construct an 8’ x 24’ addition to the existing building. The addition would be a lobby area that could accommodate 5-6 clients and their dogs during drop off and pick up. Mr. Longstaff stated that kennels are permitted in the RF District by special exception, which means that any expansion/addition/change to the special exception has to go before the Board for approval. Mr. Longstaff also pointed out for the Board that the application is for the addition, future pavilion and additional paved parking. Mr. Maroon asked Mr. La Flamme the nine standards for Special Exception and Mr. La Flamme read into record the answers from the application. Mr. Maroon asked when the Doggie Cottage was originally approved. Mr. Longstaff stated 2002. Mr. Maroon opened the public comment, there was no public comment. Mr. Richard stated the application was straight forward and the addition was in keeping with the original structure.

Mr. Stark agreed the addition looked good with the rest of the structure. Mr. Longstaff stated that the applicant still needs to go before the Planning Board for a site plan review. Mr. Stark made a motion to approve appeal # 2596 as presented. Mr. Richard seconded the motion. Vote was unanimous 5-0. a. Appeal No. 2594 – A Special Exception Application, by Angela Grover, 176 Broadturn Road, Assessor’s Map R25, Parcel 1A Angela Grover presented addition information for the Board to clarify concerns they had from the December meeting. Mrs. Grover stated that a box truck would be making the deliveries to her home and not a tractor trailer. Mrs. Grover stated that the company does not send tractor trailers into residential areas to deliver and that the box truck will be similar to a Fed Ex or UPS truck. Mrs. Grover stated that she has a storage unit off site for extra storage if needed. Mrs. Grover stated she will assemble the cabinets in her garage and transport them to the site in van or with a utility trailer. Mrs. Grover provided photos of the assembly process for the Board and a completed kitchen she did. Mr. Maroon asked Mrs. Grover to read her December 21, 2016 letter into record and she did. Mr. Maroon asked Mrs. Grover the nine standards for Special Exception and Mrs. Grover read into record the answers from her application. Mr. Maroon opened the public comment, there was no public comment. Ms. Shupe stated that the information provided cleared up any concerns she had. Mr. Maroon clarified that Mrs. Grover did have an alternate location if she needed extra storage and also if she would have a sign. Mrs. Grover stated yes to both. Mr. Stark questioned if there would be storage containers on site. Mrs. Grover stated no there would not be. Under the Standards for Special Exception, Board members stated the following: No changes physically to the garage, minimum traffic impact, plenty of onsite parking, assembly and consulting done within garage, daytime hours of operation and by appointment only. Mr. Maroon asked Mrs. Grover the performance standards for home occupation and Mrs. Grover responded. 1. The occupation or profession shall be carried on wholly within the principal building or within a building accessory thereto. Yes, all in the garage. 2. The home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. Yes, it will be. 3. No more than one person who is not a resident of the dwelling unit shall be employed in the home occupation. That is correct. 4. Exterior signage shall be permitted in accordance with the home occupation sign provisions under Section XII. Sign Regulations subsection E. That is correct. 5. There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal

building (except as expressly permitted by the district regulations of this Ordinance). This prohibition shall not apply to the storage of lobster traps. That is correct. 6. No nuisance shall be generated, including but not necessarily limited to offensive noise, vibration, smoke, dust, odors, heat or glare. That is correct. 7. The traffic generated by such home occupation shall not increase the volume of traffic so as to create a traffic hazard or disturb the residential character of the immediate neighborhood. That is correct. 8. In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the vehicles of each employee and the vehicles of the maximum number of users or customers the home occupation may attract during peak operating hours. That is correct. 9. The home occupation may utilize: a. Not more than twenty percent (20%) of the dwelling unit floor area, provided that for the purposes of this calculation, unfinished basement and attic spaces are not included; b. Unfinished attic and basement spaces; and c. Space within an accessory building totaling not more than one thousand (1,000) square feet of floor area. Yes, garage is approximately 400 SF. 10. Home occupations may include retail sales subject to the following limitations: a. The total area devoted to retail sales is limited to four hundred (400) square feet and must be fully enclosed within a building. b. The sale of products is limited to: products and articles produced, assembled or processed on the premises; and seafood caught or harvested off the premises by persons who reside in the dwelling unit or by the one employee permitted under paragraph 3 above. Correct, cabinets will be assembled in garage. 11. A fisherman, lobsterman or shellfish harvester need not obtain home occupation approval except to engage in retail sales allowed under paragraph 9.b above. N/A 12. Motor vehicle repairs and motor vehicle towing businesses are not allowed as home occupations. N/A In addition to the other standards, Mr. Maroon asked for a verbal conformation from each Board member that # 10.b had been met with the assembly of the cabinets on site, and all members stated yes it had. Mr. Stark made a motion to approve appeal # 2594 as presented. Mr. Richard seconded the motion. Vote was unanimous 5-0. 5. Zoning Board Comments Ms. Shupe asked for more clarification on number 10 of the Home Occupation. Mr. Longstaff provided additional information for her. 6. Adjournment Meeting was adjourned at 8:02 P.M.