Dayton Planning Board

January 3, 2012


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

Town Employees: Jim Roberts (CEO)

Public: Sarah and Ed LeBlanc, Lisa and Steve Morse, Kaitlyn Morse, Kyle Mooers, Howard Cushman



Remi Caron called the meeting to order at 7:00 PM in the Selectmen’s office. Dan Plourde motioned to approve the minutes of December 20, 2011. Dick Hall seconded. The addendum to the December 6, 2011 minutes written by the LeBlancs and presented by email was accepted. Before starting any business, the Board moved to the general purpose room.


Old Business:

ED AND SARAH LEBLANC, LAND ON BICKFORD ROAD: Remi Caron excused himself, as he is related to one of the parties involved.


Ed LeBlanc presented packets to Board members consisting of statements and supporting documentation by Albert Frick Associates and by John Riordan of SGC Engineering LLC. Both stated that in their professional opinions the parcel of 46 acres on Bickford Road is not subjected to shoreland zoning requirements. (See documents in LeBlanc file.)


Dick Hall recommended that the Board take time to review the documents before agreeing to accept them, so as not to feel pressured into a decision. The Morses and the LeBlancs indicated that they would like the Board to approve and conclude this tonight and present something in writing so they can close the issue.


Remi Caron pointed out that we can't refute the documentation. Dick Hall clarified that the Board asked for documentation as to whether the land falls under shoreland zoning restrictions from someone with authority in the matter, and the LeBlancs provided two documents in support of their case. He felt the Board could say that it has received documentation and to the best of its knowledge, this isn't an illegal subdivision because the 46 acre parcel is exempt. He isn't sure that the Board has the authority to say this is accurate, noting that the authority comes from the professionals preparing the statements.


Dan Plourde agreed, adding that it was a surveyor who originally started this problem. Ed LeBlanc clarified that surveyor Brad Lodge thought the parcel was exempt and CEO Jim Roberts brought up the possibility of shoreland zoning restrictions.


Pat Sughrue suggested that the Board should write a letter saying that the subdivision isn't illegal and that it falls under exemption. The Morses stated that they want something in writing to file with the deed and to have for future transactions.


Dick Hall noted that the parties involved are asking the Board to give something that isn't standard practice. The Board can say that it has received documentation stating that the land in question isn't in the shoreland zone based on the professional opinion of Albert Frick and SGC Engineering. The Board can withdraw the complaint that this is an illegal subdivision, noting that it isn't a subdivision at all.


Remi Caron agreed that the Board needs to document the dismissal in writing, noting that the Board has received professional opinions with two different approaches in the packet. The Board has received all that it has asked for.


Rand Clark said it would be important for the written dismissal to note that it is based on the opinions of the experts, not on the Board’s opinion. As the information is given with supporting documentation and the packet is the basis for the Board’s decision, it would be unwise to approve this without reading the packet thoroughly. He suggested withdrawing the complaint and taking a few days to read the documentation, noting that due process should be followed.


Dick Hall said he was satisfied with the letters stating the professionals’ opinions but also felt uncomfortable making a decision without thoroughly reading the packet. Ed Blanc said he was comfortable with the Board’s wish to read the documentation first but would like a deadline. The Morses indicated that they were operating under an extension that would end on January 19th and they would like this resolved as soon as possible.


Rand Clark noted that the Board couldn’t do anything but withdraw the challenge, based on these opinions. The LeBlancs could potentially face the issue again if someone claims that the basis and information on which the decision is made is flawed, but that isn't a Planning Board issue.


Remi Caron suggested that the Planning Board hold a special session next week, on January 10th, to review this and vote. Ed LeBlanc agreed to that, and asked that members contact him by cell phone if they have any questions or concerns in the meantime. He also noted that that Frick’s and Riordan’s phone numbers are available in the packet if there should be further questions.


Board members agreed to contact each other by email and run questions or concerns through Remi Caron.


Howard Cushman arrived at this point, and Remi Caron explained that two independent documents have been presented to the Board stating that the property adheres to the exemption. The Board will take seven days to review the documents and will meet Tuesday, January 10th, to vote whether or not to retract the complaint of an illegal subdivision. The Morses asked whether the Board’s answer in writing could be presented that night: the Board agreed to have a written statement available on January 10th.


The secretary was asked to contact Amos Gay and ask if he would like to move his meeting to January10th also.


New Business: None discussed.


The meeting adjourned at 7:30 PM.





Valerie J. Cole, Secretary



Remi Caron, Chair

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