DAYTON PLANNING BOARD
Public Hearing
Linwood Acres
June 5, 2006
The public hearing was scheduled to take place at Dayton Town Hall, but was moved to the Dayton Consolidated School gym to accommodate more people.
Dayton Planning Board Members Present: Nancy Harriman (Chair), Rick Shaw, Derrick Vezina, Dick Hall, Ron Wormwood, Valerie Cole (alt.)
Lyman Planning Board Members Present: Ron Tetu, Roger Irving, Ron Stewart
Others Present: See attached list
Chair Nancy Harriman opened the Public Hearing at 6:35 PM.
Mike Polakewich introduced himself as the Code Enforcement Officer for Lyman, Assistant Code Enforcement Officer for Dayton, and Plumbing Inspector for both towns. He noted for the record that Nancy Harriman and Lyla Goodwin are related, and expressed his opinion that Nancy should excuse herself and step down to avoid potential accusations of conflict of interest. He asked if she would turn the meeting over to a vice chair. Nancy Harriman responded that she has been on the Planning Board for seven years; her first vote as a member concerned a cousin with a gravel pit. She noted that she had discussed this with the town attorney, who pointed out that if everyone stepped down in these cases, no one would be left to vote. Nancy stated that she has no interest financially or otherwise in the proposed subdivision, had no
intention to vote, and felt that she could be impartial during the proceedings. Mike Polakewich noted that he had made his statement and was leaving it to the Board. He felt that it should be brought to the public’s attention. Resident Jerry Taylor asked why the issue was even brought up. Nancy Harriman noted that the public hearing would proceed.
Andy Morrell of BH2M presented the plans for the proposed Linwood Acres subdivision. The plan is for 13 lots, one of which is the existing farmhouse. The Lyman/Dayton town line was shown on the map. He explained that Lot 10, which straddles the town line, is larger to meet Lyman’s zoning requirements. The subdivision will have two roadways, both of which are dead-ends with hammerheads. Storm water run-off will be collected in vegetated ditches and discharged to ditches with level spreaders and wooded buffers. The lots will have drilled wells and separate septic systems.
Mike Lord of the Goodwins Mills Fire Department noted that there is no mention of cisterns on the plans although the Fire Department has requested two. The applicant pointed out that there is a pond 900 feet away and asked that it be considered as a water source in case of fire. Mike noted that the pond is on a busy road and that it is not practical for firefighters to lay hoses to the pond. He stated that the Fire Department requires a cistern after four houses and an additional cistern after 12 houses.
Resident Ron Boone pointed out that Libby Lane is not indicated on the plan. Andy Morrell addressed the point, stating that the surveyor decided to leave it as such. Mr. Boone noted that the plan is not accurate without Libby Lane being shown. Andy Morrell reiterated that the surveyor stood behind this decision.
Roger Irving of the Lyman Planning Board stated that the Planning Board has an obligation to keep homes safe and that he would not sign off on the plan if there were not two cisterns for fire department use. Dayton CEO Jim Roberts noted that the hammerhead issue had not been adequately addressed yet in terms of the Fire Department. Mike Lord felt that the Fire Department needs a minimum of a 60-foot radius to turn around, as the longest truck is approximately 45 feet. A cul-de-sac could be considered as long as it does not have trees. Dick Hall noted that 60 feet seems shallow and that 80 feet would be more practical. Andy Morrell confirmed that there is enough room to have an 80-foot hammerhead turn-around with a width of 20 feet.
Jim Roberts noted that Lot A should have a number and not be designated by a letter.
Mike Polakewich confirmed that Lot A should be numbered. He then raised the following points:
· Dayton Subdivision Standards, Article XI, Section 11.2. (pages 23-24) addresses street designs, including minimum right-of-way. The applicant is proposing a minor road of 20 feet with a three-foot gravel shoulder on each side. Mr. Polakewich’s suggestion was that the Board waive the raised sidewalk requirement and instead require a 25-foot-wide road with three-foot gravel shoulders on each side and a line marking a 5-foot lane on the side of the road for walking and biking.
· Dayton Subdivision Standards, Article XI, Section 11.2. J. requires a cul-de-sac, the proposed plan shows a hammerhead of a smaller size. Both Planning Boards need to consider this in terms of fire safety.
· As required, more than one test pit needs to be conducted. Mr. Polakewich stated that his policy is to be present when test pits are dug. He noted that test pit 18 on Lot 9 is only 8 inches deep, but that there was water in the hole at 10 inches.
· Lyman Planning Board deferred to Dayton Planning Board on this subdivision, but his recommendation may be to re-think deferring to Dayton. He suggested that the Dayton Board look at the Standards again.
Nancy Harriman noted that the Board is allowing hammerheads and is deferring to the Fire Department on the cisterns. Resident Lee Littlefield expressed his opinion that the Fire Department has no business telling the town what to require. Nancy explained that the Board needs to ask the people who have the knowledge. At this point Roger Irving stated that he sensed hostility on the part of some Board members and felt that emotions should be kept under control.
Resident Steve Hennessey read from a prepared statement and made the following points:
· He had not been notified by letter of the subdivision and had learned about the project from neighbors. He expressed concern that the process of notification is flawed.
· He had moved to Dayton 10 years ago, attracted by low growth and the building permit cap. He felt that this project shows “unbridled development.”
· Much of the area is wetland and there is a brook running through the property.
· He expressed concerns about the effect of a subdivision on the water quantity and quality and asked for assurances of water quality for abutters.
· He also had concerns about potential loss of deer habitat, questioning whether there are environmental concerns such as endangered species.
· Mr. Hennessey’s home has been commissioned into the National Register of Historic Places in the State of Maine; having a subdivision next door seems to be at odds with the Commission’s intent to preserve historic homes.
Dick Hall noted that there is a perception that the Board can allow or not allow the subdivision, but that is not true. The State will address the wetlands, that is not up to the Planning Board, and the applicant has to apply to the State for certain permits.
Resident Jill Littlefield questioned the wetlands, noting that there are several types of soils that are not suitable for building. Andy Morrell was not able to provide a soils map. He stated that some of the lots have more than one test pit, although some tests did not pass. In response to questioning he clarified that all lots have at least one passing test pit and that more pits will be finalized next week. The wetlands were delineated by Alfred Associates. He further clarified that DEP will review the wetlands and either grant or deny permits.
Mike Polakewich asked why two test pits weren’t dug at that time and stated that as Plumbing Inspector, he wants 48 hours notice when Mr. Frick goes out to test again so that he may be present. He explained also that if there is more than 43,560 square feet of roadway, the applicant must apply for a storm water run-off permit with DEP and go through a review.
Nancy Harriman asked Jim Roberts if this is the biggest subdivision in Dayton; he replied that it is about the same size as Tara Estates, which has a private road. Jim noted also that the Planning Board should consider retaining a 50-foot easement at the end of one road to Marjorie Walker’s land, pursuant to Dayton Subdivision Standards, Article XI, Section 11.2. J. He also pointed out that the Planning Board could require the applicant to provide up to 10% of the area as open space.
Mrs. Littlefield asked if the Planning Board has made a request to the Soil and Water District for a review of the engineering and storm water run-off proposal, and if the Planning Board requires this in subdivision proposals. When Nancy Harriman replied that the Planning Board has not done so, Mrs. Littlefield noted that many towns require this. She would like the Planning Board to look into this.
Dick Hall asked if there is a habitat standard. Andy Morrell explained that the State has maps that delineate wildlife areas, but they may not be totally accurate. The State can ask to Inland Fisheries and Wildlife to look at a project that is questionable.
Mrs. Beaumont noted that she has recently signed a Purchase and Sales Agreement for Lot A, the existing farmhouse. She said that the agreement does not state that the house is a part of subdivision. She asked if it would be part of the subdivision if it were purchased before subdivision approval. Nancy Harriman clarified that it will be.
Resident Ann Wilkinson asked if large subdivisions like this fall into the town’s vision plan and how it would impact the school. Dick Hall explained that it is not the job of the Board to decide whether or not the Town wants subdivisions, as the State allows little latitude in this. The State requires the town to have a village district that allows this type of subdivision. The State determines the process and the Board has to follow the law. Rick Shaw noted that Dayton issues only 18 building permits a year; Nancy Harriman explained that one developer cannot take all 18. Mrs. Wilkinson questioned why the town has such a document, and Ron Wormwood explained that it was part of the long-term Comprehensive Plan. Dick Hall noted that the Town’s vision is different from State’s, but the State has more clout.
Nancy Harriman explained that the Board would not be voting that night on the subdivision, as members still have to go through criteria and set conditions.
Resident Scott Brydon stated that he thinks there is a deeryard on the property and asked if the State could take a current look at it instead of relying on possibly outdated maps. He would like to see this done and charged to the applicant.
Jim Roberts noted that there is a proposed moratorium to stop residential building on the westerly side of Route 35, but it will not affect this subdivision.
Mr. Brydon asked about input from the state regarding this subdivision. Dick Hall explained that it would be in the form of permits, such as those issued by DEP for wetlands.
Mr. Boone questioned the zoning district in which the subdivision lies, noting that it is necessary to determine where the boundary line is. He asked if the line had been drawn on the plans. Nancy Harriman explained that the zoning districts were noted on the plans, but not necessarily the line. Mr. Boone noted that if the line is not determined, the lots cannot be set and therefore the subdivision cannot be defined. He also expressed concern about Libby Lane and the fact that the surveyor had indicated on the plans that “no record information found. Road appeared to be abandoned.” He expressed concern that if the road is abandoned, it may be taken over by the applicant and other abutters. When asked directly by Nancy Harriman as to whether she was taking land away from the Walkers (abutters), the applicant
replied that she is not. Andy Morrell noted that a licensed surveyor had made the notation. Nancy Harriman determined that the Board needs to do more research on this. Dick Hall stated that he would like to have the line in the plans and assured Mr. Boone that it would be defined. Mr. Boone noted that although he had talked with the Planning Board previously about this issue, some people present were not aware of it.
Jim Roberts asked if the driveway for Lot 1 could come out on the subdivision road instead of Route 35. Andy Morrell pointed out that Note 19 on the plans requests a waiver for the lot to have either option. Mr. Hennessey said he would support the CEO’s request to have the driveway on Apple Blossom Drive. Resident Mark Walton asked about the waiver requested for the driveway for Lot A to come out on Route 35; Nancy Harriman explained that it is an existing driveway. Mike Polakewich asked if an engineer had done paperwork with DOT for a road cut. None has been completed yet.
Mike Lord stated that the Fire Department will give recommendations on cisterns and turnarounds and will send a letter to the Planning Board.
Jerry Taylor questioned whether water samples should be conducted, given the proximity to the York County Fish and Game firing range. He expressed concerns over the potential of lead leaching from bullets. Dick Hall stated to the applicants that he assumed they would notify potential purchasers of the proximity to the firing range. Mr. Brydon stated that he is a member of the Board of Directors of the Fish and Game, and that the club has no intention of relocating or closing down or curtailing activities.
Resident Larry Allard asked if there was notification of any other meetings regarding the application. Nancy Harriman explained that at this time there were no more public hearings planned, but that the Planning Board would continue to discuss this application in regular meetings, held on the first and third Monday of each month. Mr. Boone questioned whether it was required to have two public hearings for a major subdivision; Board members indicated they had no answer and would have to look into that. In response to questions by several residents, the secretary explained that the Planning Board agenda is posted on the town web site but is subject to change without notice; and that it is sometimes necessary to hold a second public hearing if additional issues come up.
Mr. Allard asked if someone would be looking into the wildlife habitat. Nancy Harriman explained that the Board would be discussing issues that need further clarification during the regular meeting. Mr. Allard noted that there must be a deeryard nearby, as there are many deer accidents in the area. Nancy explained that the Board is able to set down conditions but must be able to back them up and must be consistent in its actions.
Ron Boone asked if a traffic study would be done and where children would be picked up by the school bus. Nancy Harriman explained that if it is a private road, the children are picked up at the end of the road.
Nancy declared the public hearing closed and a motion was made by Dick Hall to adjourn. It was seconded by Rick Shaw pending no further questions. All voted in favor and the public hearing was closed at 7:38 PM
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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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