Dayton Planning Board
Regular Meeting
May 7, 2007
Members Present: Rick Shaw (Chair), Derrick Vezina, Dick Hall, Brian Dill, Valerie Cole (Alt.)
Others Present: Lyman Planning Board Members Rod Tetu, Roger Irving, Ronald Stewart; Mike Polakewich, Michael Lord (Fire Dept.) Andy Morrell (BH2M), CEO Jim Roberts, Lyla Kyriazi, Janis Johnson, Steve Hodsdon
Administrative:
Rick Shaw called the meeting to order at 7: 00 PM.
Minutes from the April 2, 2007 were read and approved. Dick moved to approve, Brian Dill seconded, all voted in favor.
Minutes from the April 25, 2007 public hearing were reviewed. Dick commended Jim Roberts for his work on the proposed zoning changes.
Old Business:
LINWOOD ACRES: Andy Morrell presented plans and explained that there have been changes since the preliminary approval was granted in Oct. 2006. The applicants have been working with DEP and the DEP approvals are done. The applicants have had several meetings with the Dept of Inland Fisheries and Wildlife. The project has been scaled back: four lots have been eliminated and this is now a ten-lot subdivision, including the lot in the front. The front lot, labeled Lot A and not Lot 10, is the original house and has since been sold. . The revised plan shows the village zone/farm/forest boundary as based on Amos Gay’s survey.
Roger Irving stated for the record that the preliminary approval was only from Dayton, not from Lyman.
Rick referenced Section 2.4 on page 5 of the Zoning Ordinances and asked about the least restrictive boundary. Andy Morrell interpreted this to mean that the least restrictive zone is the village zone. This would impact Lot 5, which appears to extend 72-73 feet into the village zone. Jim noted that this refers to the setback. Andy said that all the houses would be built in the village zone.
It was pointed out that the note on Lot 12 should refer to Lot 9. It has been corrected on the final plan.
Members noticed that Lot 4 has more than a 3:1 ratio; it does not meet the standard as far as lot size. Attorney Steve Hodsdon presented a request for a waiver and explained that this would allow for a greater amount of open space.
Andy noted that the plans have been updated to address the comments made by Mike Polakewich at the last meeting. Existing soils tests are still being used and storm water calculations have been submitted.
Jim had concerns about the letter of credit; he felt it was not well written as it did not have dates for the release of funds and did not provide much information. He submitted a draft to consider for use.
Rod Tetu asked if the roads would be public or private; he had concerns about the location of mailboxes. The applicants explained that they are private at this time but will be built to public road specs. Rod also asked if the deed restrictions apply to Lot A, as the subdivision was not approved at the time that it was sold. Dick felt it would not be right to throw restrictions at this 100-year-old house. Rick noted that they have their own direct access to Route 35.
Dick Hall questioned who was responsible for filling and maintaining the cistern. Page 5 of Homeowners’ Association bylaws states that the annual budget shall include streets, open space, and other appropriate items. Dick felt the cistern should be noted as well. In Lyman the installing contractor is liable for the first year, after that the homeowners are liable.
Jim asked the Planning Board if they have retained an engineer to oversee the road. None has been retained yet. This will be an expense for the developer to cover, money is to be placed in escrow.
Jim noted that a trash truck wouldn’t go into a private road. A dumpster spot or other plan will be needed. He also asked that the applicants be responsible for the street signs and speed signs..
Dick noted that in order for the applicants to receive final approval that night, the letter of credit, cistern maintenance, and appointment of a road engineer would be set as conditions. It was noted again that Lyman has not given preliminary approval yet. Mike Polakewich pointed out that the preliminary approval was on a different plan and should probably be rescinded. Dick motioned to rescind approval of the old plan, Derrick seconded, all voted in favor. The conditions were then placed in the minutes (see below.)
Dayton members reviewed the preliminary approval checklist. It was noted that the Board probably should review previous waiver requests and vote on them. The following waivers were reviewed and voted upon:
Waivers:
1. Use of a cistern instead of a firepond: Dick motioned, Derrick seconded, all in favor.
2. Hammerhead instead of a cul-de-sac: Dick motioned, Derrick seconded, all in favor.
3. Request for Lot 4 to waive the 3:1 ratio in order to have more open space: Dick moved to grant the waiver, Brian seconded, all in favor. Dayton members felt that the waiver was preferable because of the open space it offered. It was noted that this helped to address the concerns expressed by residents at the public hearing as to the amount of open space.
Dayton members decided that a second public hearing was unnecessary as this plan has fewer houses, is less intrusive, and has no drastic changes.
Dick moved to grant preliminary approval, Brian seconded, all Dayton members voted in favor.
Roger Irving moved for Lyman members to grant preliminary approval, Ron Stewart seconded, all Lyman members voted in favor. Ron then made a motion to approve the waivers as adopted by Dayton, Roger seconded, all voted in favor.
Conditions:
1. Cistern maintenance: Homeowners’ Association bylaws will be updated with language to address this.
2. Letter of credit: the form offered by Jim will be used and submitted prior to any digging/work. Eighteen months for the road was accepted by the applicants and the Boards.
3. An engineer will be retained to oversee the road project. The town will request a couple bids on that to ensure that the cost is reasonable, applicants will provide a check to cover the cost.
Dayton members reviewed the checklist for final approval. Dick moved to accept and approve with the conditions stated above. Brian seconded, all Dayton members voted in favor.
Roger motioned for Lyman members to give final approval, Ron seconded, all Lyman members voted in favor.
The mylar was signed by members of the Dayton Board and the Lyman Board.
SUBDIVISION REGULATIONS: Jim indicated that he is ready to start working on subdivision regulations. Part of this will be fire department recommendations.
Rick noted that it may be required soon for all houses in subdivisions to have sprinkler systems as recommended by the Maine Homebuilders Association.
RICK AHEARN AND JODIE AHEARN, MOBILE HOME PARK: No new information.
New Business:
No new business was discussed.
The meeting adjourned at 8:05 PM. There will be no meeting on May 21, as there are no ongoing projects on the agenda. The next meeting will be held on Monday, June 4, 2007, 7:00 PM at Dayton Town Hall.
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Valerie J. Cole, Secretary
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Rick Shaw, 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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