Town of Dayton, ME - Planning Board Minutes <date>

ADMINISTRATION: Rick Shaw motioned to accept the minutes of November 6, 2006, Dick Hall seconded, all voted in favor. Rick motioned to accept the minutes from Pat Frasier/Hunter’s Run public hearing, Dick seconded, all voted in favor.

Dick presented a diagram from a recent MMA Board training session on degrees of separation when determining potential conflict of interest.

HEIDI BRESNAHAN, MASSAGE THERAPY OFFICE: The Board reviewed Ms. Bresnahan’s application for a CUP for a massage therapy office. Her application included a copy of her license and a copy of the subdivision covenance that applies to every house in the subdivision except for hers. Dick asked if her office is handicapped accessible, she indicated that it is not but if she receives a call from someone who is unable to go up her steps, she takes her table to their house.

Dick asked if the Fire Department should be involved; members referenced a previously granted permit for a two-story building that had concerns with exits. The applicant had been required to undergo inspection by the local fire department.

The board debated whether or not it was qualified to issue a premise license. Ms. Bresnahan indicated this would be in one room on the third floor of her house. She will not have any employees. She indicated she would not have exterior signage and would not be advertising. Parking impact would be limited to one car at a time.

Dick asked Jim Roberts about the combined massage therapist/establishment license. Jim Roberts thought it was a state license. The town may need to give a permit to do both, but does not issue licenses. The town requires a copy of the massage therapist’s license, but that is not an establishment license. The Board can only issue a Conditional Use Permit.

Jim questioned the deed restrictions. He suggested that Ms. Bresnahan may have to get the abutters to sign off, indicating that they have no objections. Ms. Bresnahan explained that she is on Lot 7 and that lot is not included in the subdivision restrictions (Lots 8-13.) She indicated that many of the people on her street are her clients.

The Board decided to have a sitewalk but no public hearing. Jim asked if she is required to have liability insurance, she indicates that she carries it. Jim Roberts requested a copy for the application.

Ms. Bresnahan was given a copy of the fees and expressed concern about the amount. She asked Jim Roberts what would happen if she did not go through the Conditional Use Permit process. Jim Roberts explained that a Conditional Use Permit is a permit to use a premises for a certain activity, and so that the Board can put restrictions on it. It does not have anything to do with building itself. If she comes back with an establishment permit, the Board may still place a Conditional Use Permit to regulate.

Dick proposed that the Board postpone the application until Ms. Bresnahan contacts the state to see if she needs an establishment use permit. He indicated that he would contact SMRPC for guidance. The sitewalk will not be held until further notice. Dick and Jim explained that a sitewalk would need to be held for a Conditional Use Permit in the interest of public information.

Ms. Bresnahan was advised to talk to the state before proceeding further to see if there is such a thing as an establishment license. She asked what would happen if a person had a business without a Conditional Use Permit. Jim Roberts explained that the town does not usually fine, but he can issue stop orders.

Pat Frasier presented plans. Andy Morrell asked for preliminary approval, indicating that the plans had not changed. Flood plains and cisterns are marked, as is the hammerhead. Jim asked if the Board has decided to accept Milligan’s report in lieu of a letter from SCS. It was noted that one person at the public hearing had raised the point that Milligan formerly worked for BH2M, but had indicated that he had no issue. Board members indicated that they also had no issue.

Derrick Vezina reviewed the checklist, starting with preliminary plan review and moving to the final plan. It was noted that Pat Frasier already has preliminary approval.

After all applicants left, Dick indicated concern about the ordinance regarding massage parlors, noting that $750 seems a lot for a permit and sitewalk. Derrick expressed concern about the room being on the third floor, wondering if the fire department would have an issue with that. Members discussed the fact that the statutes are not consistent with what the Board can do. Dick noted that it says the Board can issue an establishment license for a massage office for $100, but Rick pointed out that it did not address the use of the house. Jim explained that the ordinances were very old and probably the ordinance should be re-written.

Jim Roberts noted that maybe the Board could issue a license instead of a Conditional Use Permit. Derrick again expressed concern about the third floor location. Jim felt the fire department would want to check smoke detectors, exits, etc. although the town does not inspect apartments for such. He recommended that the Board call SMRPC or other towns to see how they handle such applications.

Rick explained that OOB has the fire department and electrical engineer inspect and issue occupancy permits. Derrick wondered if the state has any requirements such as water samples. Jim thought maybe towns had developed these ordinances because the state had not, but maybe it has standards now.

Jim Roberts explained that SMRPC will review subdivision applications for a fee and MMA will review legal issues also. Board members thought that it would be advisable to send the Ahearn mobile home development to SMRPC.