Dayton Planning Board

Public Hearing

March 5, 2008


Members Present: Rick Shaw (Chair) Dick Hall, Valerie Cole (Alt.)


Others Present: Jim Roberts, Bill Harris, Ron Boone, Gerry Taylor


Rick Shaw started the public hearing at 7:00 PM and explained that the purpose was to review proposed zoning changes. Some of the changes deal with definitions, language, shoreland zoning, dimensional requirements, soil suitability and timberland harvesting.


Section 5.2 B) Jim Roberts explained that previously the definition for Critical Rural District had not included the term 250 feet.


Section 5.2 D) Amos Gay would like the middle initial J added to his name so that it is consistent with his name on the report.


Section 5.2 E) In Rural Forest Zone the front yard setback may be reduced from 75 to 60 feet on the westerly side of Clarks Mills Road.


Section 5.3 NOTE F) is amended by adding the word “expansion.”


Section 6.20 Soil Suitability for Construction is amended to address soil reports and those certified to produce such reports.


Section 7.23 Timber Harvesting- Shoreland Timber Harvesting Standards: this is added to comply with state mandates.


A resident questioned the two definitions of dwelling in Section 4.2. Jim Roberts explained the previous definition did not include the term "toilet facilities” and DEP says it is an added stipulation for shoreland zoning. The definition of dwelling unit covers every dwelling, but when dealing with shoreland zone it also has to say "toilet facilities."


Section 5.2 A) Mixed Use District: This does not currently extend up Route 5. The proposed change would encompass two subdivisions so that they are no longer in the commercial zone. Houses cannot be built in a commercial zone, although it is possible to add to existing houses. The idea is to keep commercial zones from being residential, and having a Mixed-Use zone will help alleviate that.


Section 5.2 C) This is state-mandated language: it is required to meet state guidelines for a minimum square footage of 40,000 square feet. Shoreland zone is an underlying district.


Section 5.3 NOTE (F) Rural Forest Zone: This is an area that was formally called residential. Almost every house there has a 60-foot setback. New zoning requires a 75-foot setback. The existing houses are now non-conforming. This is to address potential variance issues.


A resident expressed concerns that this might set precedence.




Section 6.20 Soil Suitability: A resident questioned if the term "other persons" is too loose. Jim Roberts pointed out that it says, "may include". Dick Hall noted out that the Town gets to decide who is qualified and they are required have to documentation.


Sections 7.21.2 (b) and (d): It was noted that in previous versions some numbers and letters had been left out.


Section 7.3.A Campgrounds: This addresses campgrounds in the shoreland zone. Previously the area was not specified.


Section 7.23Timber Harvesting: This language is from the state and needs to be in the zoning ordinance until the state adopts new standards. A resident questioned the term “GPA” in Section 7.23 (2)(a)(I). It is a classification, but no one knew what the letters stand for.


Section 1.5.C The word “meeting” is deleted from the term “Town meeting”. Currently ordinances may be amended by a majority vote at town meeting. This allows amendments to be voted on during elections.


Future zoning issues to be addressed: floodplain zones, contract zoning to address land issues.


A resident noted that it is state-mandated to have this language in the ordinance, yet it has to be voted in. Jim Roberts explained that if the language is not voted in then the state writes it for the town.


The public hearing concluded at approximately 7:30 PM with no further questions. The date for a special town meeting to vote on the proposed changes has not yet been determined.






Valerie J. Cole, Secretary





Rick Shaw, Chair



COPIES TO: Jim Roberts, Code Enforcement Officer; Selectmen; and Tax Assessor