Dayton Planning Board

January 7, 2014


Present: Rand Clark (Chair), Remi Caron, Dan Plourde, Dick Hall, Valerie Cole (Alt)

Town Employees: Jim Roberts (CEO)

Public: Rick Ahearn, David Dunn, Patrick Rogers, Richard and Diane Lydon


Administrative: December 17, 2013 minutes were read and approved. Remi Caron motioned, Dan Plourde seconded, all voted in favor.


Old Business:


Members reviewed the emails between Jim Roberts and David Ordway regarding a possible amendment to the Cook’s Brook subdivision. Dick Hall explained to the abutters that the Board felt it did not have enough information at the previous meeting so Jim Roberts contacted Attorney David Ordway for guidance. Abutters were notified so that they could attend this meeting, express concerns, and ask questions.


Jim Roberts noted there are deed restrictions and covenants from the original subdivision plan that need to carry over with this lot. (See Cooks Brook Subdivision Declaration of Covenants and Restrictions, located in Cooks Brook file.) He reminded the Board that it still needs to review changes and complete the subdivision checklist but it does not have to complete the entire subdivision process.


Dick Hall clarified that if the Board says this lot is like every other lot in the subdivision, then an amendment would be in order. In the Section 4404 review (Title 30-A M.R.S.A Section 4404, Review Criteria), the Board needs to review the checklist but can say items are not applicable because they have been addressed previously.


Jim Roberts asked Rick Ahearn if the plan indicates Rowdy’s Investments as owner (yes.) Rick Ahearn has no objection to the Board creating an amendment to the subdivision.


Abutters Richard Lydon, Diane Lydon, and Patrick Rogers asked to see the site map. None of the abutters expressed concerns about the proposed amendment. Rick Ahearn explained to them that he had inadvertently created the issue by selling a second lot within a five-year time period.


Remi Caron motioned to amend the Cooks Brook subdivision to include Lot 38 with all existing covenants and restrictions as long as the Section 4404 criteria are met. Dick Hall seconded. All voted in favor and the Board proceeded with the checklist. As a result of the review, the following are required:

  • The final plan will indicate that it is an amendment and will reference the original Cooks Brook subdivision plan
  • Any and all changes will be referenced on the final plan
  • The final plan will also contain the date of the amendment
  • The final plan will include documentation to indicate that the amended subdivision is subject to all restrictions and covenants imposed on the original subdivision
  • The documentation indicating that the amended subdivision is subject to all restrictions and covenants imposed on the original subdivision will also be added to the warranty deed. The warranty deed will also indicate that it is an amendment to the original Cooks Brook subdivision
  • Seven copies and a Mylar copy will be submitted for the Board members’ signatures
  • The above requirements will be completed before the Board members sign the final plan


Jim Roberts will contact Board members when the final Mylar copies are delivered to Town Hall so that members can come in and sign before the next meeting.


New Business:

None discussed.


The meeting ended at 7:55. The next meeting is scheduled for Tuesday, February 4, 2014, 7:00 PM at Dayton Town Hall.




Valerie J. Cole, Secretary



Rand Clark, Chair

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






Wording for approval letter:


on January 7 after the review of the application submitted by owner of record Fredrick J Ahearn III, President of Rowdy’s Investments, the planning board voted to amend the cooks brook subdivision to include the lot shown as Lot 38 on tax map subject to the restrictions and covenants of the original subdivision on file, and as depicted by the preliminary plan provided by Brad Lodge of Middle Branch Surveyors, registered land surveyor, dated 12/12/2013. Final plan received and signed on (date).