DAYTON PLANNING Board
Regular Meeting
April 3, 2006
Members Present: Nancy Harriman, Ron Wormwood, Derrick Vezina, Rick Shaw, Dick Hall
Members Absent: None
Others: Andy Morrell, Lyla Kyriazi, Andy Howard, Jim Roberts, Lisa and Steve Morse, Michael Tedama-Wielandt, Charlie Jeness, Kristin Lively (Court Reporter), Edward Dardis (Legal Counsel for Andy Howard)
Administrative:
The meeting was called to order at 7:10 PM.
The minutes from the March 20, 2006 meeting were read and approved.
OLD BUSINESS
KORPI SUBDIVISION: Steve Korpi’s plans have been accepted by the Registrar’s Office and do not need to be re-signed.
MORATORIUM ON BUILDING: Selectmen are seeking legal counsel to place a moratorium on all residential building on both sides of Route 35 from the intersection of Routes 35 and 5 down to Mast Road. Once voted on and accepted by Dayton residents, this will be retroactive to when the Selectmen voted on the issue two weeks ago. This is a temporary measure to allow the Comprehensive Plan committee to work on revisions to the Comp Plan.
Members will start looking over zoning ordinances for Comprehensive Plan revisions at the April 17 Planning Board meeting.
LISA AND ANDREW COLE, CUP: Awaiting final survey results prior to signing CUP.
POLAKEWICH/BURNHAM ESTATES SUBDIVISION: Awaiting final paperwork prior to signing Notice of Decision.
LYNNE MARIE PLOUFFE, SUBDIVIDING LOT ON JESSICA MAY ROAD: No new information.
PAT FRASIER, SUBDIVISION ON WHISPERING WILLOWS: Site walk is scheduled for Saturday, April 8, 2006 at 8:00 AM.
CLARIFICATION OF ZONING MAP: No new information.
RICK AHERN-SENIOR CITIZEN HOME PARK: No new information.
MORATORIUM ON GRAVEL PITS: No new discussion.
(At this point Board members discussed the following new business. The Board returned to old business later in the meeting; see SDI below.)
NEW BUSINESS
SACO RIVER CORRIDOR COMMISSION CORRESPONDENCE: The Board received a letter from Saco River Corridor Commission informing members that Ed and Sharon LeBlanc have filed an application to place riprap within the river corridor to stabilize a bank. No further action.
LYLA KYRIAZI: Lyla Kyriazi appeared before the Board with Andy Morrell of BH2M to present a sketch plan for a 33-acre subdivision on Route 35. There is one existing house; she is proposing 13 additional lots and two roads. Lot 1 is located in Lyman and meets Lyman’s zoning requirements (5 acres and 500 feet of frontage.) All other lots are in Dayton. The applicants are still working on test pits and wetlands determinations. Board members noted that there is a stream on the property and a pond on Lot 10.
The lots appear to be in the village zone, but the Board needs to clarify where the village boundary lies before proceeding. Jim Roberts has been going through old records to determine the line. It is difficult to determine where the boundary is because of the hatching used on the zoning map. It was noted that SMRPC might have something on file; the Secretary was directed to call them for any possible information.
It was noted that a portion of the Lyman lot is in Dayton. It will be necessary to have a joint meeting with Lyman Planning Board; no date was set at this time. Board members noted that a DEP permit would be needed for crossing the brook as well as for storm water run-off.
Nancy Harriman stated on record that she is stepping down as Chair on this case as she is related to the applicant.
Jim Roberts advised the Board to determine whether they prefer hammerheads or cul-de-sacs. It was noted that the Fire Department prefers hammerheads. The Fire Department may also want a water supply.
Mrs. Kyriazi was advised that Route 35 is a state road so she needs to contact the state to get permission for a road cut.
Board members decided that, before proceeding, research would need to be done to determine the boundary of the village district.
LISA AND STEVE MORSE: The Morses presented a sketch plan to establish a 6-lot subdivision off Bickford Road. There is one existing house that must be included in the subdivision because it was purchased less than five years ago. There is also another lot that was purchased less than five years ago. The Morses plan to build on and sell three other lots and keep one lot for themselves.
The total acreage is 76.5 acres, including the lot with the existing house. There is also a 5.5-acre lot currently owned by the Granthams that has not been deeded yet, although the Morses pay taxes on it.
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Bickford Road currently ends at the corner of the Grantham property and does not go all the way through. The end of the road was a town road at one time but has since been abandoned. The Morses propose to use part of the Sawyers’ right-of-way and have it serve two additional lots. This would be a private road and would end at the Morses’ house, possibly in a hammerhead. Jim Roberts advised the applicants to have a road maintenance agreement, and they were advised to look into the town specs for roads.
Nancy Harriman explained to the Board members that this site had previously been found to be an illegal subdivision, created inadvertently.
There is a brook on the property, so the applicants need DEP approval for a crossing. Derrick Vezina pointed out another area on the map where the ground is very wet.
Brad Lodge is currently drawing up plans and boundary surveys. The applicants feel that the plans will be available in a couple months.
At this point the Board returned to Old Business.
OLD BUSINESS
ANDY HOWARD, SDI: Mr. Howard arrived with Court Reporter Kristin Lively and legal counsel Edward Dardis. Michael Tedama-Wielandt presented new plan for Mr. Howard’s proposed Dayton Retirement Community. This is located in the SDI pit and the property is zoned residential and for mobile home parks. Mr. Howard stated that most of the material above the water table in his pit has been mined. The acreage is 29.8 acres.
Mr. Howard’s research found that in 1990 the State limited towns’ abilities to regulate this type of park. He feels that this development is allowed according to State regulations. The proposed property is designed to the Town of Lyman’s specs and would consist of 51 mobile homes with two entrances. The septic system would be a common subservice disposal system, which means that the town may not limit the lot size to 12,000 square feet. This park would be served by a common septic field and a common well. Both would be licensed and regulated by state. The well would be drilled into the bedrock and would be tested regularly.
Mr. Howard is working on a similar project in Lyman. He has met with the Fire Department on the Lyman project and is proposing similar aspects in Dayton. The park would have underground cisterns.
There would be a 50-foot perimeter buffer for screening that would be a mix of fencing and landscaping. A DEP permit is necessary for the site location regarding storm water. Roadside ditches would be utilized.
It was noticed that the groundwater is very close to the surface in one corner. DHHS regulations require that the septic field be at least a foot above the seasonal high groundwater mark. After it is graded it will be three feet above the mark. Material would be moved from one side of the pit to the other to use for re-grading.
Mr. Howard states he is in the process of reclaiming the pit and has met with Mark Stebbens on this matter.
When asked, Mr. Howard stated that he brought legal counsel to this meeting because the issue seems to be getting complicated regarding the Selectmen’s’ decision on a moratorium. Mr. Howard feels that there is something going on behind the scenes and he wants everything well documented.
Nancy Harriman clarified that there is a proposal before the town attorney for a moratorium. This applies to all residential building on both sides of Route 35, from the Routes 5 and 35 intersection to Mast Road. Mr. Howard stated his opinion that this seems to have started as a traffic concern, and then became a mobile home park moratorium. He pointed out that this is illegal in the state of Maine. He stated that he is concerned that his project was discussed at the previous meeting without his presence. If this is a traffic concern, he stated that DOT needs to determine that. He feels that he will be reducing traffic because the pit will no longer be active. He feels that his plan is valid, the lot is in zoning for which mobile homes are an allowed use, he is protected by the state, and he has traffic numbers for this
size park.
Nancy Harriman noted that she has not seen a copy of the moratorium. She stated that this was not the Board that started the moratorium and she would like a legal interpretation from the town attorney.
Mr. Howard explained that his purpose at this meeting is to lay the groundwork, show the plan, and see if the Board will accept the application.
Jim Roberts felt that there were items lacking in the plan, such as a septic design. Only the location is shown. Jim Roberts also had questions on the setbacks. He noted that this is in the residential zone but abuts no residential properties. Mr. Tedama-Wielandt noted that a town could require a 50- foot buffer strip. Jim Roberts stated that he would like another interpretation because he feels it is more.
Plans were handed out. Nancy Harriman noted that she had not had an opportunity to review all the paperwork, as it had not been available to the Board members previously.
Mr. Howard stated that what he wanted from this meeting was an indication of whether his application would be accepted as complete.
Nancy Harriman expressed concerns about the water supply. Mr. Howard reviewed his water test results. He stated that he has had a preliminary application meeting with DEP about water, septic, and drainage. Mr. Tedama-Wielandt noted that they don't usually apply to DEP until they are sure there are no more major changes within the town.
Nancy Harriman noted that the moratorium has to go before the town for a vote before it is adopted. Mr. Howard stated that he felt this was not applicable to his park. He noted this would reduce traffic from his pit, and that if the moratorium was proposed because of traffic concerns, he did not feel it was valid. Nancy Harriman went on record stating that the moratorium did not originate with the Planning Board.
Mr. Howard asked to go through the subdivision checklist to see if his application was complete. He expressed willingness to follow along with the moratorium. Nancy Harriman noted that if the Board determined that the application is complete, they would have to act on it within 30 days.
Members started to review the checklist. It was determined that all the property is in Dayton and that the application has been filled out completely for a major subdivision. The proposal conforms at present with zoning and the Comp Plan. Contours on the sketch plan show 2-foot elevations.
Nancy Harriman noted that no one on the Board has had any experience involving a mobile home park.
Discussion followed as to how much Mr. Howard should pay at that time for his application. He has paid $100 previously. The Board decided not to ask for any more money at this time, pending legal counsel.
Mr. Howard asked for determination whether or not the application was complete. Nancy Harriman called for a motion. Jim Roberts asked if the Board required a complete septic plan before accepting applications. Mr. Howard asked for a complete list of what he still needs to provide to the Board. Nancy Harriman listed test pits and a septic plan as a partial list; Jim Roberts noted that he would like a traffic study.
No motion was forthcoming. Nancy Harriman asked the other members if they had issues to discuss. Rick Shaw felt that he did not have enough knowledge in this area.
Ron made a motion to accept the preliminary package as a complete application. Derrick Vezina seconded. Four voted in favor. Nancy Harriman informed Mr. Howard that the site walk would be scheduled after the Board received legal advice. Mr. Howard stated that he would wait for notification for a site walk.
Jim Roberts advised the Board that he will recommend at a later date that a recommended firm do a traffic study.
Mr. Tedama-Wielandt reminded members that he had written a letter to Jim Roberts regarding state regulations on this matter.
Nancy Harriman noted that the abutters have previously had concerns about the water level, and that she expects it will be an issue again. Mr. Howard explained he would be going below the aquifer and that the houses around the pit are drawing from a different level. He is working with a hydrogeologist on his Lyman project. He explained the location of his wells and some of the applications that he would have to go through to drill them.
Meeting adjourned at 9:10 PM. The next meeting is scheduled for Monday, April 17, 2006. This will be a Board workshop, as it is a State holiday.
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Valerie J. Cole, Secretary
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Nancy Harriman, 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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