DAYTON PLANNING BOARD
Regular Meeting
March 21, 2005
Members Present: David Clark, Rose Hill, Nancy Harriman, Ron Wormwood
Absent: Heather Pinet, Jack Taylor (resigned)
Others Present: Jane Preston, Jeff Sawyer
Administrative Business:
David Clark called the meeting to order at 7:20 PM.
The February 21, 2005 Regular Meeting minutes were read and approved.
Old Business
OMAR GAGNON:
The Selectmen passed along a letter from Mr. Omar Gagnon of Buda Road, in which he asks why the Town has not moved the entrance to Buda Road, as discussed a couple years ago. David Clark reminded the Board that there was no agreement to move the road, but there was an understanding that the person who previously owned Gagnon’s house would give the Town a small piece of land on the corner of Buda and Hollis Road. Dearborn Brothers Inc. would then reconstruct the road entrance. However the land was never transferred to the Town so the road entrance was never changed. David felt that this was not really a Planning Board matter, so no further action was taken.
PRESTON GRAVEL PIT:
Board members completed the Review Procedure and Standards for the Preston Gravel Pit. Jeff Sawyer presented the Board with a Certificate of Insurance Liability and agreed to remove extra equipment from the pit and install a fence across the front. Members discussed how the reclamation bond should be handled (see Condition 3 below.) It was decided to follow the model set forth by the neighboring Dearborn Pit and re-address the issue if necessary. A Conditional Use Permit was granted with the following conditions:
There shall be no site lighting on the premises.
No crushing shall be permitted. No portable hot top plant shall be permitted on the premises at any time.
A surety bond in the amount recommended by the Maine Department of Environmental Protection, but not less than One Thousand, Seven Hundred Dollars ($1700) per acre, shall be maintained and filed with the Town until reclamation is complete. Thirty (30) days prior to the expiration of said surety bond, notice of expiration shall be given to the Code Enforcement Officer by the permit holder. This issue shall be re-addressed as necessary.
Liability insurance shall be maintained and a certificate of liability insurance shall be submitted to the Town at each policy renewal date.
Blasting of any kind is prohibited on the premises.
This permit is subject to review by the Planning Board and/or the Code Enforcemen6t Officer for compliance with applicable safety, health (including dust control), noise, and environmental standards of this ordinance every three (3) year. The Code Enforcement Officer shall take appropriate action to correct any ordinance violations identified. This condition shall supplement, not supplant, the Code Enforcement Officer’s ongoing enforcement authority.
The Permit Holder shall maintain all necessary Federal and State permits and licenses.
The permit shall terminate upon discontinuance of active mining operations. “Active mining operations” shall be the mining and removal of at least one hundred forty (140) yards of virgin borrow mined at the site each and every twelve-month period. The Code Enforcement Officer shall review the status of operations every three (3) years or such shorter time as the Code Enforcement Officer may deem desirable. The permit holder shall be given notice thirty (30) days prior to termination of this permit and shall promptly begin the reclamation process, which shall be completed within two (2) years.
Hours of operation shall be limited to Monday through Friday, 6:00a.m. to 6:00 p.m. and Saturday, 8:00 a.m. to 2:00 p.m., excluding use made necessary by a bona fide emergency. In no event shall “emergency” be considered to include work done pursuant to an ongoing contract.
A barrier shall be installed across the open front of the pit to the tree line, roughly parallel to Hollis Road, consisting or a fence and trees. The fence shall consist of posts and two to three strands of wire. The barrier shall be completed by the end of October, 2005. Adequacy of the barrier shall be determined by the Code Enforcement Officer.
The permit holder shall not remove more than two thousand (2000) yards of material during a calendar month. The size of the pit shall not exceed five (5) acres. Hauling is limited to Sawyer and Sons of Dayton, Maine.
The permit holder shall erect a sign at the entrance/exit of the site instructing all truckers going in and out that no jake brakes shall be used; that truck loads must be covered, and that no loaded truck shall exceed twenty-five (25) tons in weight.
Extra non-functioning equipment, consisting of but not limited to two trucks, a refrigerator, and a soda machine shall be removed from the site by June 30, 2005.
Nancy Harriman motioned to accept the CUP, Ron Wormwood seconded. All were in favor.
COMPREHENSIVE PLAN UPDATE:
Selectman Ed LeBlanc informed Board members that the proposed Comprehensive Plan was found to be inconsistent with the State standards, but it appears that this may be a procedural error or due to inconsistent language in the Plan. The next step is for the Planning Board to go back to SMRPC. Ed suggested that Dave Clark contact Representatives Bob Daigle and Barry Hobbins for more detail.
New Business
PERSONELL:
Jack Taylor has tendered a letter of resignation, effective March 18, 2005. Ron Wormwood has been asked by the Selectmen to become a regular Board member, and Dan Kelley has been asked to be an alternate.
The meeting was adjourned at 8:20 PM. The next regular meeting is scheduled for Monday, April 19, 2005, 7:30 PM at the Town Hall.
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Valerie J. Cole, Secretary
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David Clark, Chairman
COPIES TO: Jim Roberts, Code Enforcement Officer, and Selectmen
THESE MINUTES MAY NOT BE TRANSCRIBED VERBATIM. SECTIONS MAY BE PARAPHRASED FOR CLARITY.
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