03-27-2012 Special Planning Board meeting

Dayton Planning Board

Special Meeting

March 27, 2012


Members Present: Remi Caron (Chair), Dick Hall, Dan Plourde, Pat Sughrue, Valerie Cole (Alt.)

Town Employees: Jim Roberts (CEO)

Attorneys: David Ordway, Sandra Guay

Public: (see attached list)


  • Remi Caron recused himself and took a seat in the audience, as he is related to one of the parties involved.
  • Dick Hall, acting Chair, started the meeting at 7:15. Members took a few moments to review the packet (dated March 27, 2012) submitted by applicants Ed and Sarah LeBlanc and their attorney Sandra Guay (revisions to plan, test pit results, copy of soil survey map, information on water wells, updated findings of fact and conclusion, list of waivers requested.)
  • Board members also reviewed a letter submitted by Howard Cushman, dated March 27, 2012.
  • Dick Hall addressed two points:

a)      The Board needs a minimum of four members present to vote. Alternate Valerie Cole was asked to vote.

b)      The Board’s intent is to review the paperwork and proceed to a vote, but will not sign final approval or Mylar copies until Attorney Ordway has reviewed it for completeness.

  • Dick Hall asked Attorney Guay if she would respond to Howard Cushman’s letter, dated March 27, 2012. She noted that as Attorney Ordway has advised, the Board has leeway in granting waivers (see Article XIII, Dayton Subdivision Regulations). She has refined her waiver requests and referenced them in her documentation. In her opinion, the fact that this is a major subdivision does not change anything, as she feels she has covered any issues. No further action was taken on Cushman’s letter.
  • Dick Hall said that he was recently advised that in order to apply for a subdivision, the applicant must have standing. He asked if the Morses would be willing to co-initiate this application. Attorney Guay noted that this in an after-the-fact application and is being presented as it would have been in 2005.
  • Attorney Ordway explained that he is the person who presented the question of title of interest. In his understanding, the land beneath the road is owned by the Morses. Typically an application has to demonstrate title to the land and in this case the current owner is not the one presenting the application. Before the Board approves, the owner of the land on which the road sits should be asked to join the application or should indicate that they have no objection and that the area in question is not subject to any right-of-way beyond anything in the deed.
  • Lisa Morse asked why this issue hadn’t been raised in the past, noting that if they had known they could have dealt with it sooner in conjunction with the LeBlancs. Dick Hall explained that if they agree to the plan, it would not hold up the process now.
  • Ed LeBlanc asked if the Morses should consult with their lawyer. Lisa Morse asked to see the plan and requested time to contact her husband so he could come in and review the plan also. The Morses and Attorney Guay reviewed the plan in another room.
  • Dick Hall stated for the record that he had thoroughly reviewed minutes and documentation from the March 13, 2012 meeting that he was unable to attend.
  • Ed LeBlanc indicated to the Board that surveyor Brad Lodge had told him that the Morses would need to be in agreement for this plan to proceed.
  • Members of the public asked why this issue hadn’t been raised previously, as some recalled this question being asked at the March 13th meeting. Dick Hall noted that responsibility during purchase falls on the seller and the buyer and their respective legal counsels. It was noted by members of the public that the Morses had previously agreed to take responsibility for the road.
  • The Morses and Attorney Guay returned to the meeting and the Morses stated that the road as presented had not changed; it is as presented on all the deeds. They stated they are willing to agree to and accept the road as it is on the plan and has been for the last ten years.
  • Members reviewed the major subdivision checklist and made the following findings:


Sketch plan submission:

Contains lot and street layout yes

Contains significant natural features yes

Supporting data:

Application form completed yes

Copy of USGS topographical map indicating development area included yes

Planning Board Components:

Conformity with zoning and comprehensive plan yes

Site inspection: held in 2006

Subdivision classification and contour determination:

Planning Board classifies as major subdivision yes

Planning Board determines contour elevation to be used yes


Original recording plan and seven paper copies provided yes- applicants provided six copies, Planning Board approved

            Indicates name of subdivision, municipality, tax map and lot numbers yes

Perimeter survey, bearings and distances, surveyor’s or engineers seal, monumentation yes- Pat Sughrue noted that the Cushman’s lot is described by deed

            Contour elevations, number of acres in subdivision yes

            Lot lines, numbers and sizes, building set back lines yes

Limits of existing vegetation and type, physical features of special interest not applicable

            Existing water bodies, water courses, wetlands, public and private right-of-way and         easements yes

Scale both written and graphic, date, and north point yes

Owner and applicants names, addresses, and name and address of individual who prepared plan, and abutters’ names yes

Contains zoning boundaries yes

Location of proposed sewers and water lines not applicable

Location and width of proposed and existing streets yes

Location of parking, open space, conservation and/or recreation areas not applicable

Storm drainage plan not applicable

Erosion/sediment control plan not applicable

County soil survey portion yes

Base flood elevation yes

            Supporting Documentation:

                        Neighboring subdivisions not applicable

                        Existing and proposed streets yes

                        Zoning boundaries yes

                        Copy of deed, verification of ownership or legal interest yes

Existing and proposed deed restrictions, easements or other encumbrances not applicable

Soil report from licensed site evaluator on test pits provided by Lisa Morse for one lot, no one who purchased land asked for test pits

                        Hydrogeological survey if requested not applicable

Letter from SCS on soil erosion and control plan not applicable, will be addressed in future development

                        Approximate flag centerline of all streets and test pits yes

                        Application fee paid by LeBlancs, $1200.

                        Written request for waivers or variances yes

                        Additional information requested by Planning Board not applicable

            Planning Board Review:

                        Dated receipt issued to applicant yes

                        Determination whether submission complete yes

Notification to applicant of completeness of submission yes

                        Public hearing scheduled within 30 days of complete submission not applicable

                        Planning Board acts on plan to approve, modify, table for additional information or deny

                                    application yes

                        Plan complies with subdivision standards for roads, lots, etc. yes, as required in 2005

                        Plan complies with shore land and/or local zoning requirement yes

                        Written notice to applicant of Planning Board action yes

When applicable, DEP, Dept of Marine Resources, Dept of Transportation, Army Corps of Engineers permits shall be obtained prior to final submission not applicable


Final Plan and Documents (Planning Board waived 14-day submission prior to meeting requirement)

                        Original recording plan and 7 paper copies of plan yes

                        Subdivision name, municipality, tax map and lot numbers yes

                        Scale, written and graphic, date, north point, abutters’ yes

Lot lines, numbers, bearings and distances, monumentation, building setback lines, surveyor’s or engineer’s seal yes

Area of subdivision yes

Existing water bodies, water courses, and wetlands, public and private right-of-way and easements yes

Easements not applicable, none

Date, north point, graphic scale yes

Owner and applicant’s name and address, name and address of person preparing plan yes

Zoning boundaries yes

Location of sewers, water lines, culverts, drainage ways not applicable

Locations, dimensions, profiles of underground utilities, typical cross sections and profile of streets, width of pavement not applicable

Base Flood elevation yes

Signature block for Planning Board yes

Supporting documentation:

                        Hydrogeological study if requested not applicable

                        Approval by Me Dept of Human Services or Me DEP not applicable

                        Conditions of dedication of public facilities or open space not applicable

                        Road construction estimates not applicable

                        Construction schedule estimate and financial report not applicable

                        Performance guarantee not applicable

                        Application fee paid by LeBlancs


Planning Board Review:

                        Dated receipt issued to applicant not yet issued- will be issued at signing

                        Determination whether submission complete yes

                        Notification to applicant of completeness of submission yes

                        Public hearing scheduled within 30 days of complete submission not applicable

Notification of road commissioner, school superintendent, police and fire chiefs, request for comments not applicable

Written notice of applicant of Board’s decision and findings that the development meets or fails to meet the following guidelines as well as the standards in the Board’s regulations yes- to be issued at final signing


Will not result in undue water or air pollution

Will have sufficient water available for the foreseeable needs of the subdivision

Will not cause an unreasonable burden on the existing water supply

Will not cause unreasonable soil erosion or reduction in the capacity of land to hold water so that a dangerous or unhealthy condition results

Will not cause unreasonable traffic congestion or result in unsafe conditions on existing or proposed roads

Will provide adequate sewage waste disposal

Will not cause an unreasonable burden on municipal solid waste disposal

Will not have an adverse effect on the scenic or natural beauty of the area, aesthetics, significant wildlife habitat, historic sites or rare and irreplaceable natural areas, public rights to the shoreline

Will conform to local regulations, ordinances, development plan and comprehensive plan

Will not adversely affect the quality of surface water or shoreline of ponds, wetlands, rivers, streams, or tidal areas

Will not alone or in conjunction with existing activities adversely affect ground water quality or quantity

Has demonstrated adequate technical and financial capacity to meet the above

Will have all buildings one foot above the base flood elevation

Will not create shorefront lots


  • Dick Hall explained to the public that the checklist was now completed and the Board would next review the applicants’ request for waivers. Most were addressed in the checklist.
    • Attorney Guay noted that the request to waive contour lines is because there is no shoreland zone on the property. Board members noted that contour lines are present on the topographic map.
    • Attorney Guay noted that one test pit analysis has been provided, and is representative of the property. It abuts the only remaining parcel without a SSWDS.
    • Soil erosion and sedimentation control plan: waived, will be required in future development
    • List of construction items: not applicable, will be required in future development
    • Retention of open space: Planning Board has no request
    • Fire pond: natural water source present
    • SSWDS designs for all three parcels: one test pit analysis provided which is representative of the property and abuts the 27 acre parcel without a SSWDS.
    • Street and storm drainage design: not requested by Planning Board, will be addressed in future development
    • Performance Guarantees: not requested by Planning Board, will be addressed in future development
    • Dick Hall stated that several Planning Board members met on March 24, 2012 at the property in question and determined that the existing road (Wilderness Drive) at this time is as wide as the feeder road that leads to it. Board members felt that, as this is an after-the-fact approval, the road is safe and adequate as is for the current conditions.
    • Attorney Ordway suggested that the Board would benefit by addressing each waiver in terms of Article XIII, keeping in mind that the Board could waive standards to permit a more practical and economic development provided that the public health, safety, and welfare are not being compromised. Accordingly, Dick Hall stated for the record that the Board finds that there are special circumstances of this particular application and the Board waives portions of these submission requirements or standards to permit a more practical and economical development, and that the public health, safety, and welfare are protected, and that these waivers do not have the effect of nullifying the intent and purpose of the official map, the comprehensive plan, the zoning ordinance, or these regulations.
    • The Board determined that the application was complete and moved to a vote. Dan Plourde motioned to approve the application for the Wilderness Acres subdivision as presented. Pat Sughrue seconded. All four members voted in favor.
    • Dick Hall reminded the applicants that the final signing of mylar and checklist will take place after Attorney Ordway has had a chance to determine that approval documentation is complete and accurate.
    • The Board will provide the LeBlancs with a receipt for the subdivision application fee, a notice of submission of a complete application, and notice of subdivision approval.
    • Attorney Ordway was provided with a copy of the completed checklist. The Secretary will email him the meeting minutes.
    • After members of the public left at 8:15 PM, members approved the March 13, 2012 meeting minutes. Pat Sughrue motioned, Dan Plourde seconded, all voted in favor. Members concluded the meeting at 8:30 PM.