Dayton Planning Board
Workshop Meeting
November 6, 2006
Proposed Zoning Changes
Members Present: Nancy Harriman, Rick Shaw, Derrick Vezina, Dick Hall, Brian Dill, Valerie Cole (Alt)
Others Present: CEO Jim Roberts
Administrative:
The workshop meeting started at 7:10 PM.
Nancy called for approval of the minutes from October 16, 2006, Dick Hall moved to accept, Rick Shaw and Derrick Vezina seconded, all voted in favor.
In response to questions, Jim Roberts explained the difference between appeals to the Zoning Board of Appeals and waivers to standards. He noted there is no way to appeal a decision made by the Selectmen.
The Selectmen have voted to allow the Planning Board to charge fees for copies. The fee is $10 for a transcript or copy of an audio tape, plus the time required for the Secretary to make the copy.
Nancy Harriman asked if there is anything in the town ordinance to address rented places that are becoming rundown. Rick Shaw noted that in OOB both the fire department and electrical inspectors could inspect places for suitability for habitation. He thought the town could issue a permit for an inspection for electrical and fire safety.
PROPOSED ZONING CHANGES:
Rick Shaw questioned the definition of “manufactured housing unit” in Article 3, which states “no more than two sections.” He noted that some larger manufactured houses consist of four units. Jim indicated he would change it by eliminating the number of units.
Nancy asked if the farm and forest district would be renamed as rural farm and rural forest. Jim indicated that it would, and that it would follow the delineations on the comprehensive plan zoning map.
Dick Hall noted that Saco River Corridor Commission has a 500-foot buffer but the definition of “shoreland zone” indicates 250 foot. It was noted that this depends on the district: if it is within resource protection it is 500 feet. Jim explained that he had not changed this from the old ordinance and noted that it may vary depending on the location on the river. All of Dayton’s shoreline is in protection; it can be waived, or also be grandfathered. Jim noted that the town does not enforce the shoreland zone; they let SRCC deal with it.
Jim noted that it would be necessary to change the current growth permit structure and it is possible to make it so that people over the age of 55 are exempt. Trailer parks count as one lot but still need growth permits for residences. Exempting those over the age of 55 gets around that problem.
It will be necessary to have a public hearing for restructuring the growth permits but it may not be necessary to go through the Planning Board. A growth committee will look at the issue first and bring it to the Planning Board. It will also be necessary to have a public hearing for the zoning changes; the town will have to vote on proposed changes. It is possible to hold both hearings at the same time.
ROUTE 35 BUILDING MORATORIUM: The Selectmen have renewed the moratorium on building along Route 35. The next step is to have a public hearing and a vote. Selectmen have to decide if they want a special vote on this or if it will wait until June. The current moratorium is valid until April, it cannot be extended again. The public hearing can be held anytime. If there are many changes to the growth ordinance it will be necessary to have two public hearings. Information must be published before the public hearing; it can be done online and copies can be handed out.
Members asked why a “bed and breakfast” is defined as no more than three bedrooms. Jim explained that any number over that is considered a hotel situation and can lead to parking and fire safety issues.
Amos Gay arrived and noted that the recent Zoning Board of Appeals decision on the village district boundaries should be included as an amendment.
Jim Roberts reminded members that there is a shoreland zoning workshop meeting next Tuesday (November 14, 2006.) He felt that the town should let the state deal with timber harvesting.
LINWOOD ACRES: The Board received a letter from Lyman Planning Board regarding the preliminary approval for Linwood Acres; the Lyman Board feels the project is in limbo as they have not yet agreed to preliminary approval. They indicated they were waiting until after the Zoning Board of Appeals public hearing on October 31, 2006.
OPEN SPACE: Dick noted that in the future he feels that all subdivisions should set aside land or funds for open space. If the applicant chose to make a donation then it would not be necessary to re-do plans to accommodate open space. Jim said that it is not too late for the subdivisions currently under review. Anything that the town accepts must be voted in by the town, but donations could be made to a committee instead of the town to get away from that issue. It is important to address it in a manner that is legal. The open space formula is in the ordinance: 1300 square feet per lot, or the value of that amount of land.
Board members voted to cancel the November 20, 2006 meeting, as there may not be enough members in attendance. The next meeting will be on December 4, 2006.
NEW BUSINESS: The Board received a CUP application from Heidi Bresnahan for a home-based massage parlor. She will be on the agenda for December 4, 2006.
The workshop meeting ended at 8:20 PM.
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Valerie J. Cole, Secretary
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Nancy Harriman, Chair
COPIES TO: Jim Roberts, Code Enforcement Officer; Selectmen; and Tax Assessor
THESE MINUTES MAY NOT BE TRANSCRIBED VERBATIM. SECTIONS MAY BE PARAPHRASED FOR CLARITY.
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