Dayton Planning Board

February 7, 2012


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

Town Employees Present: Jim Roberts (CEO)



The January 17, 2011 minutes were read and approved. Dick Hall motioned, Dan Plourde seconded.


Old Business:

ED AND SARAH LEBLANC, LAND ON BICKFORD ROAD: The LeBlancs have asked to table their discussion until after they return from vacation. Jim Roberts met with the LeBlancs’ legal representation on the previous Thursday, and they discussed whether or not the land is in shoreland zoning. He also met with Mike Morse, Al Frick, and Steve Morse and walked the property on Bickford Road: they all agree that the water course in question is a stream but have not decided if it is a DEP regulated stream. That determination would be made by DEP. Mike Morse has sent the information to DEP in Augusta.


Jim explained that the LeBlancs first approached the Selectmen for a consent agreement which they declined to issue, and so the matter was remanded to the Planning Board.


Remi Caron asked if the Board is concerned about the current delay: there were no concerns from other Board members. There is still the issue of who must widen the road. If this matter requires the LeBlancs to go through the subdivision approval process, the road must be widened to 20 feet and a turn-around needs to be installed.



No new information.


New Business:

FIREWORKS ORDINANCE: The Planning Board has been tasked by the Selectmen with writing a fireworks ordinance for a town vote in June. The Fire Chief was invited but was unable to attend the meeting. Remi Caron provided Board members with a sample ordinance from the town of Houlton.


The ordinance should address the issues of sale and use. Enforcement will be a concern, as it will be done at the local level. Jim Roberts noted that sales could be restricted to the commercial zone and mixed use zone. Dick Hall suggested that if an ordinance is voted in and does not work as expected, it can be changed in the future by town vote.


The ballot question has to be designed in two parts: one for the sale of fireworks, one for the use. It is possible that fireworks could be banned from town altogether. There are towns that allow the sale of fireworks but ban the use. Jim Roberts feels that regulating the sale is easier than regulating the use, as it is hard to catch people actually shooting them off.


Remi Caron noted that other towns have conditions that must be met for buildings retailing fireworks, such as single occupancy building, sufficient distance from churches, schools, etc. with sufficient fire repression.


Concerns mentioned in the survey conducted by the town last fall include safety issues, the potential for causing fires, spooking of livestock, and limiting the hours/times of allowable use. If the town votes to permit them, it is necessary to make sure the proper precautions are in place.


Dan Plourde pointed out that some people in Dayton shoot fireworks without it being legal, and even if the town does not allow the sale of fireworks, they will be easier to attain now.


Board members agreed to have Remi Caron write up a draft for the town of Dayton, based on the Houlton ordinance. The discussion will continue at the next meeting on February 21.The Fire Chief has been invited to attend.



The meeting adjourned at 7:50 PM. The next meeting is scheduled for February 21, 2012, 7:00 PM.




Valerie J. Cole, Secretary



Remi Caron, Chair

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