DAYTON PLANNING BOARD
Regular Meeting
August 15, 2005
Members Present: Nancy Harriman (Acting Chair), Heather Pinet, Ron Wormwood, Tony Viera, Rick Shaw
Absent: Rose Hill
Others Present: Jim Roberts, Andy Howard, Charlie Jenness, Patricia Adams, Gary Adams and Wendy Adams, Maurice Precourt, Cheryl Gonneville, Amos and Cynthia Gay, Karen Chasse, John Gay, Bill Harris, Joe Bennett, Robert Libby, Leo Gilbert, Lisa and Steve Morse, Steve and Mary Korpi
Administrative Business:
Heather Pinet motioned for Nancy Harriman to act as Chair. Ron Wormwood seconded. Nancy Harriman called the meeting to order at 7:05 PM.
The July 18, 2005 minutes were read and approved.
The Board moved to a Public Hearing for the SDI Gravel Pit CUP application at 7:15 PM.
PUBLIC HEARING- SDI Gravel Pit Application to Mine Below the Water table
Nancy Harriman asked for any questions from the Board. Ron Wormwood questioned the noise level. Mr. Howard felt that it would be less than that generated by a loader, although it would be continuous. He noted that it would be in the bottom of the pit, toward the back, roughly 1200-1400 feet from the road.
In response to questions by Nancy Harriman, Mr. Howard noted that approximately 27 acres are open, and that reclamation has started next to the Harris property line. He has a zero setback agreement with neighbors and has a berm to separate the properties. He has no plans for the pit’s final use; it will be determined by the needs at that time. A rough estimate is five to ten years of mining.
Ron Wormwood asked if “reclaim” material would be used in the pit. Mr. Howard stated that he had no plans to use it at this time, and wants to use material only with town approval. At this time he is before the Board for approval for dredging only. He will come before the Board again for any other issues.
Nancy Harriman noted that there is topsoil on site, and Mr. Howard clarified that some comes from another pit in Lyman and that some is from the turnpike-widening project. There is also some clay from the turnpike widening.
Nancy asked for questions from the public. Karen Chasse expressed concern about the possible effects of a 10-acre pond on her well. Mr. Howard explained that there will be no de-watering and that the mining would not be lowering the water table. Any water being scooped out of the pit with the dredge would run back into it. Ms. Chasse asked if dirt would be stirred up. Pat Adams noted that she had problems with her well points plugging up and asked if Mr. Howard would put something in writing as to his responsibility. Mr. Howard stated that if his activities affected their wells he would have to pay. He explained that he has monitor wells around the pit to check the water level and has had no problems in the past two years. The current pond, in his opinion, is caused by suspended rainwater on top of a silt layer. It
would be part of the proposed pond. Ms. Chasse asked about responsibility if her well becomes dirty but still works. Mr. Howard stated that if he causes damage, he would be financially responsible. He explained the method that he intends to use, noting that there is no machinery in the water, just a dredge on a cable. Gary Adams asked if other places in Maine are using this method but Mr. Howard was unsure. He noted that pits are usually mined below water using machinery, but this method would be better for the environment. He plans to attend a demonstration of the technique in Seattle.
Cheryl Gonneville questioned if the gravel pits would ever become housing lots and expressed concern that there are traffic problems already on Rt. 35. Nancy Harriman noted that any future housing lots would have driveways or roads built to town specs. Mrs. Adams asked how much longer the pit could be mined; Mr. Howard said that it is hard to tell, maybe two or three more years with the current process and maybe five to ten years if mining underwater.
Mrs. Chasse asked if property values would be affected. Nancy Harriman explained that this is not a question the Board can answer. Bill Harris noted that there would not be much room for houses after accounting for the pond and setbacks. Ron Wormwood asked the sides of the pit would be flat or have a slope. Mr. Howard replied that the boundary with Shaw Brothers will be flat, while the boundary with Bill Harris will be determined by whether or not Bill starts to extract gravel.
When asked if other pits are mining below water, Mr. Howard knew only that Shaw Brothers has received DEP approval. Ron Wormwood asked about the erosion control mix that will be used; Mr. Howard replied that it is a mixture of stump grindings and long stringy bark that is favored by DEP to be placed in a trench if there is threat of silt flowing off a property.
Amos Gay asked if the Board has consulted with a hydrogeologist. Nancy Harriman replied that the Board plans to do so. Maurice Precourt noted that he would like to see a legal contract to protect neighboring wells. He asked about the condition of nearby Coldwater Brook. Bill Harris replied that the brook has been riled up this year, most likely due to the runoff from the high water table. He noted that if Mr. Howard is not removing water and if the sand is clean, than the water table and quality should not be affected. Mr. Howard said that he has tested under the silt layer and the results showed clean sand. He recycles water in the Lyman pit and has had no problem with the water table. John Gay stated that he has had experience with drag lining and noted that the silt layer will yield riled water. Mr. Howard replied that
the silt layer, which appears to be about a foot deep, would be excavated off the top first.
Heather Pinet asked how often the monitor wells are checked. Mr. Howard explained that they are currently checked twice a year for water table height and water quality according to DEP requirements.
Nancy Harriman explained that no decision would be reached tonight, as Board members must check with Selectmen and complete a checklist of criteria. She ended the Public Hearing at 7:55 PM. (Most of the public left, Mr. Howard and Mr. Jenness remained.)
Old Business
ANDY HOWARD-SDI:
Nancy Harriman noted that the question of a bond versus a letter of credit is still unresolved. The Board had hoped to have a written recommendation from the Town attorney at this point, but nothing had arrived. Mr. Howard noted that his letter of credit is open-ended and is guaranteed by his bank with no expiration date. It is secured with an asset. Nancy indicated that she would call the Town attorney and then let Mr. Howard know what she has learned. Mr. Howard offered that the Town attorney could contact his bank, and that the Board could contact the company that did the hydrological study. He provided contact information for both. Nancy noted that no approval would be given tonight; the bond issue needs to be settled first and then the Board needs to talk with the Selectmen. Mr. Howard stated again that he was not
after permission tonight to bring in any material, he was focusing on the dredging. Mr. Howard’s application will be continued at the next regular meeting on Monday, September 19, 2005 at 7:30 PM.
JOE BENNET: Board members went through the minor subdivision checklist and all was found to be in order. Ron Wormwood motioned to approve the Bennett’s Farm subdivision; Tony Viera seconded. All were in favor.
MORSE SUBDIVISION: Lisa Morse turned in an application for Morang Acres. Board members went through the minor subdivision and noted that the following items need to be included:
Copy of a U.S.G.S. Topographic map with the development area indicated
A copy of the most current Deed from which the survey is based, including Deed restrictions, easements or other encumbrances
A copy of the County Soil Survey map
Verification of Ownership or legal interest
A mylar copy of the final site plans
The remainder of the checklist was found to be in order. The subdivision will be on the agenda for 7:00 PM on September 19, 2005.
BLAINE BENSON: No further action.
COMPREHENSIVE PLAN No further action.
TAYLOR SUBDIVISION: No further action.
New business
KORPI SUBDIVISION: Steve and Mary Korpi appeared before the Board to present an application and preliminary sketch for subdivision on South Street. It was determined that this will be a major subdivision, as it will contain a road and at least five lots. There are currently two existing residences.
The preliminary plan showed the two existing lots as “spaghetti lots” with a ratio of roughly 1:4. Mr. Korpi was advised to have the lots redesigned.
Mr. Korpi asked if it was permissible to construct a portion of the road and then complete it at a later date. Jim Roberts explained that it would have to be a Planning Board decision and that the Board may require a bond to ensure that the road is completed.
The meeting was adjourned at 9:05 PM. The next regular meeting is scheduled for Monday, September 19, 2005, 7:00 PM at the Town Hall.
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Valerie J. Cole, Secretary
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Acting Chair
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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