Dayton Planning Board

September 21, 2010


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


Others Present: Jim Roberts (CEO), Robin and Alan Huguenin, Raymond Ferland, Mike Swett (FPLE), Matthew Leblanc (FPLE), Ernest DeLucca (FPLE)



Dan Plourde motioned to accept the September 7, 2010 minutes with one correction. Rand Clark seconded. All voted in favor. Minutes amended to read that all members voted in favor of the addendum to Louisa’s Pizza conditional use permit.


Old Business:

FPL ENERGY MAINE PARKING SPACES: Representatives of FPLE appeared before the Board to discuss construction of five additional vehicle parking spaces at Skelton Dam. Mr. DeLucca presented correspondence between FPLE and FERC (Federal Energy Regulatory Commission) and explained the issue goes back more than ten years. FPLE is required to monitor public access to its sites every six years. In 2003 FPL gated off part of the area near Skelton Dam because of increased vandalism. Mr. Ferland was hired to open and close the gate for public access. The parking issue arose from that limited access. FERC ordered FPLE to provide 20 additional parking spaces but the number was decreased to five. FPLE is required by law to provide public access. Mr. DeLucca explained that both Dayton and Saco River Corridor Commission (SRCC), denied permission for parking spaces at that time. FPLE notified FERC, asking to be released from the requirement to provide the spaces.


In 2009 Mr. DeLucca filed his report again, and in approving his monitoring plan FERC noted that the parking requirement was still on the books. When a conflict exists at the local level, federal authority prevails, so FPLE has been ordered to put in the five additional spaces. It is the Town’s prerogative to deny the application, but the federal government is still going to require FPLE to provide the parking spaces.


Mr. DeLucca noted that Mr. Ferland suggested several alternatives to him before the meeting, but he was not prepared to present them tonight. FPLE has a deadline of October 31st but this can be extended.


FPLE has hired a security company to monitor the parking on weekends, which has helped the situation. The additional spaces will enhance the security company’s ability to park vehicles.


Construction of the proposed spaces would involve moving boulders and moving the gate. The space would be approximately 25x50 feet.


Mr. Ferland suggested that an access road could come in from Company Road: the traffic would come down Union Falls Road and turn onto Company Road for about 150 feet. This option would involve the Road Commissioner and SRCC, as it is within 500 feet of the river. He noted that the corn maze also brings a lot of traffic.


Mr. Huguenin noted that he had moved to that area because it was quiet, but that is no longer so. He understood the obligation of FPLE and wondered if there was another way to provide the spaces.



Mr. DeLucca offered to consider other suggestions and come back with an alternate plan, such as having the parking in the tree area off Company Road. He explained that a revised plan would have to go through a chain of approval involving the federal government. US Fish and Wildlife would also have a say. If an alternative was approved he would ask for spring construction instead of this fall.


The FPLE representatives are scheduled to meet with SRCC tomorrow.


Remi Caron asked if the abutters had concerns about creating the parking spaces behind existing vegetation. Mike Swett clarified that the area is further in behind vegetation than the abutters thought.  


Remi Caron asked the abutters if they would be willing to meet at the site to review the proposal. A site walk was scheduled for September 28 at 6:00 PM at the Skelton Dam.


LINWOOD ACRES: The Phase 2 road is completed and most of the money in escrow has been returned to 535 Goodwins Mills LLC.


The meeting adjourned at 7:35. Planning Board members will meet on Tuesday, September 28th at 6:00 PM for a site walk at Skelton Dam.





Valerie J. Cole, Secretary



Remi Caron, Chair

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