Dayton Planning Board

April 3, 2012


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

Town Employees: Jim Roberts, CEO

Attorneys Present: Sandra Guay, David Ordway

Public: Ed LeBlanc, Matt LeBlanc, Becky and Craig Frappier, Amos Gay, Sue Sydnor

Documents: Findings of Fact (Guay), Letter to Planning Board from Attorney Guay


Administrative: At the end of the meeting, Dan Plourde motioned to approve the the March 22nd workshop minutes and the March 27th special meeting minutes. Pat Sughrue seconded. All voted in favor. Dick Hall motioned to approve the March 20th public hearing minutes. Rand Clark seconded, all voted in favor.



Rand Clark said that although he has read the minutes, he has not received all the handouts as he was on vacation. He will not be voting on this item tonight. Remi Caron recused himself and sat in the audience.

Acting Chair Dick Hall started the meeting at 7:15 PM.


Members began by reviewing a letter received that evening from Attorney Guay. Dick Hall asked Attorney Guay to comment on her letter. She felt it addresses where things stand now. Jim Roberts stated for the record that he approached Mr. LeBlanc on December 19th, 2005 regarding the question of an inadvertent subdivision, but Ed LeBlanc said that it wasn't addressed at that time and the LeBlancs were relying then on the 40-acre exception. Attorney Guay noted that her point is that they have gone as far as the LeBlancs can, as they no longer hold title to the property.


Dick Hall reminded those present that at the last meeting the Board decided not to finalize the decision with signatures until Attorney Ordway could review the findings, and the question at present is whether the Cushmans’ lot has adequate frontage. Attorney Ordway and Jim Roberts have found that at the time of sale it was a legal lot with the consideration of the right-of-way. It appears that the frontage is adequate for the Cushmans to have an approved lot without a variance and they have recovered their original standing. Therefore, it is the Board’s finding that the Cushman lot is buildable.


At Attorney Ordway’s suggestion, Jim Roberts briefly explained the standing in 2004 and it was noted that while this would not be in line for today’s standards, in 2004 a building permit could have been granted based on the right-of-way serving that lot. Dick Hall declared that the road frontage issue is resolved.


The following two findings were stated for the record:

  1. Dan Plourde, Pat Sughrue, and Dick Hall went out to the property on March 24, 2012 and evaluated the road for suitability. The road has been plowed and maintained for the past seven years, large vehicles have been in and out, and based on this activity the Board decided that the road does constitute adequate access for safety purposes for the number of houses that are there now.


  1. The Planning Board finds after due consideration, and based on the above stated facts, that the proposal will not have any adverse impact on the maintenance of safe and healthful conditions in the shore land zone.


Dan Plourde motioned to approve the two findings as written. Pat Sughrue seconded. All voted in favor.


At Attorney Ordway’s suggestion, the Board stated for the record that they have reviewed the findings. Members then signed the Mylar and paper copies and the final decision. Ed LeBlanc was given a copy of the final decision and a receipt for the application fees.


Remi Caron resumed as Chair.


NEXTERA NOTIICATION REGARDING SKELTON DAM: Matt LeBlanc addressed the Board regarding NextEra’s proposed project at Skelton Dam. The Board consulted with Jim Roberts as to whether a permit would be needed to have a temporary storage/staging area. The Board felt that as long as the SRCC has signed off for this project, there probably was nothing the Board needed to do. Matt indicated that he had contacted the abutters (abutters present: Ed LeBlanc, Becky and Craig Frappier).


The Board decided to go on record as having received notification. No further action was taken. Matt said that NextEra may also move some gates to keep the public out of areas where they should not be.


AMOS GAY, ESTATE OF NORMA CHARLES SUBDIVISION: Amos Gay introduced himself as the representative of the Estate of Norma Charles subdivision, and presented a final plan for the three-lot subdivision on Gould Road. He reviewed the changes that he had made to the plan per the Board’s request. He noted that there had been an error in the wording of the deed but the pins were correct.


The Board reviewed the minor subdivision checklist that had been started on January 10, 2012. The Board is waiving test pits and soil survey requirements because all construction is completed and those tests would have been conducted at the time of construction. Dick Hall questioned if there was a base flood elevation on the plan, but it was determined that the property isn't in a flood plain.


Pat Sughrue motioned to approve the subdivision, Dick Hall seconded, all voted in favor. Members signed the final checklist as well as the paper and Mylar copies. Amos paid the fee on behalf of owner Judith Andrews and was given a copy of notification of complete application. A notice of the final decision is to follow.



Pat Sughrue intends to resign from the Planning Board and has mailed a letter to the Selectmen.


Dick Hall indicated that his attendance will be sporadic for the next several months.


The meeting adjourned at 8:10 PM. The April 17th is canceled as there are no items on the agenda. The next meeting is scheduled for May 1, 2012, 7:00 PM.






Valerie J. Cole, Secretary



Remi Caron, Chair

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