Dayton Planning Board

November 1, 2011


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


Town Employees: Jim Roberts (CEO)


Public: Amos Gay


Administrative: October 4, 2011 minutes from the Girard public hearing and site walk were read and approved. Dick Hall motioned, all voted in favor.


Old Business:

GIRARD GRAVEL PIT: Jim Roberts has received a copy of a road agreement from Shawn Girard for the South Street gravel pit.


FLIPPIN’ GOOD TAKE-OUT: Jim has also received a copy of the liability insurance policy from Flippin’ Good Take-out on Rt. 5.


New Business:

GOULD ROAD LOTS: Amos Gay asked to discuss an issue on Gould Road and presented a prepared statement. It is not his property, but he has been asked to help resolve a problem that created an unintended subdivision. (See attached statement.)The land in question is currently owned by Judy Andrews.


Dick Hall asked if there were any obvious issues that would prevent the development of a subdivision. Amos Gay felt that they had been previously addressed. Dick Hall asked why Amos Gay suggested that some of the fees and requirements should be waived. Amos Gay felt they were excessive. He noted that the current owner is in arrears for property taxes. He will be assessing fees against the owner also in reviewing and researching the situation.


Remi Caron asked how many lots exist. Amos Gay counted the potential for five lots, four if some land is annexed to current abutter Ted Poirier. He suggested cutting the remaining land in half, selling part to Poirier and then the remaining piece would be the house.


Jim Roberts noted that a three-lot subdivision was created when the Mishoes bought their lot. (Lots owned by the Mishoes, Ted Poirier, Ted Poirier and Millie Tuttle.) As long as Ted Poirier purchases and adds land on to his lot, it does not create another lot, as he is already an abutter. Amos Gay felt that this would cause an issue as another lot is being created when the remaining piece is split. Jim Roberts noted that it is now over five years though, and a subdivision can't be amended as it has never been approved. (This should be checked for accuracy by the town attorney.)


Amos Gay felt that this issue goes back 11 years, starting with the purchases by Poirier and Tuttle on the same day in 2000 and then the purchase in 2004 by Mishoes, which created a three-lot subdivision.


Jim Roberts agreed the subdivision wasn't created until Mishoes purchased their lot in 2004. He noted that other subdivision owners should be notified of any alterations to a subdivision.


Jim Roberts also pointed out that Judy Andrews’ lot is inherited, not created. Amos Gay maintained that it is an exempt lot, noting that when he surveys this and draws out the plan, he will have one lot each for Poirier, Poirier and Tuttle, and Mishoes. Jim Roberts suggested that the rest of the land could be labeled as remaining land. Then Judy Andrews can sell the whole thing if she wants, but if she breaks off the house she would still be okay because the five year mark has passed. Records from 2004 would show three lots and remaining land, and the remaining land is now exempt due to inheritance. Now that she is over the five year make so she could divide the land by splitting off the house and selling the remaining land to Ted Poirier. A remaining issue would be that the right-of-way is through Mishoes’ driveway, and Amos Gay felt any objection to that would be groundless because the right-of-way is described in the deed.


Amos Gay said he has not studied the subdivision ordinance, but would still be inclined to ask for waivers, as it is not Mrs. Andrews’ fault that she has inherited this problem. Dick Hall said he would not be inclined to waive the fees, noting that she had inherited land that can be sold. Remi Caron pointed out that fees would probably be less than $2000, and it should be possible to recover the fees from the sale. Dick Hall expressed concern that there are outstanding taxes, which should be paid before any sale takes place (Tax Assessor Michelle Boisjoly has assessed the land at $62,000 and the house at $49,000.)


Amos Gay will plan to attend the next Planning Board meeting on December 6th with his survey results. Jim Roberts asked who would contact Town Attorney David Ordway; Amos Gay felt that there was no need to do so until his surveying is done. He noted that he considered this issue to be extenuating circumstances.


FIREWORKS ORDINANCE: At the next meeting Remi Caron will present information he received from Maine Municipal Association regarding fireworks ordinances.  Jim Roberts handed out copies from the town survey, including comments from residents. This will probably be an issue that goes to the town for a vote, after an ordinance is written and a public hearing is held. Some questions the Board members will address are:

  • Who will enforce this?
  • How will this be enforced?
  • Will fireworks be forbidden at times when the risk of fire is high?
  • Will fireworks be sold within the town limits?


The meeting adjourned at 7:50 PM. The next meeting is scheduled for Tuesday, December 6th, 7:00 PM at Dayton Town Hall.




Valerie J. Cole, Secretary



Remi Caron, Chair

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