Dayton Planning Board

December 20, 2011


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

Town Employees Present: Jim Roberts (CEO)

Public: Amos Gay, Howard Cushman


Administrative: The December 6, 2011 minutes were read and approved after confirmation that the dates for the Bickford Road land sales were correct. Dick Hall motioned to approve, Dan Plourde seconded.


Old Business:

ED AND SARAH LEBLANC, BICKFORD ROAD PROPERTIES: The Secretary received an emailed letter from the LeBlancs stating that they don't have any documentation yet regarding the Bickford Road property and have been told that DEP may need to visit the site. The LeBlancs are requesting that the issue be tabled until they can obtain more information. (See attached letter.) Jim Roberts explained that the shoreland district was approved by the DEP. No one has been in yet to see the town maps on the LeBlancs’ behalf. He reiterated that if any part of the 46 acres is determined to be in a shoreland zone it renders the entire parcel non-exempt.


Remi Caron is excusing himself from voting on this issue, as he is related to one of the parties involved. He reminded the Board that the onus is on the LeBlancs to provide further documentation. Dick Hall felt the Board may have to place a time limit to get this resolved, as there are several families and potential future property sales involved. After discussion, Dick Hall motioned to mail a letter to the LeBlancs, asking them to attend the January 3rd, 2012 meeting with a progress report and any documentation. Dan Plourde seconded the motion. At the meeting the Board will make a determination on how to proceed based on information submitted, and a time limit may be set. The Secretary was instructed to cc Steve and Lisa Morse, Kaitlyn Morse, Howard and Angela Cushman, and Carl and Debra Sawyer.


At this point Howard Cushman arrived and asked when the land can be put back on the real estate market. Jim Roberts thought this could not happen until the issue is resolved and if necessary the subdivision is approved. The Board members noted that for the subdivision to be approved there will be requirements including but not limited to road upgrades, a turn-around, formal paperwork and Mylar, although land can be sold even if the subdivision isn't completed. Mr. Cushman noted that both his property and Morses’ property have the possibility of being subdivisions, and asked if those roads would be held to the same standards as the original road. He expressed concern that an additional road might be held to higher standards. The Board felt that any new roads should adhere to the same standards while allowing that there could be differences. Dick Hall noted that any subdivision road would have to meet the standards adopted since the land was originally sold (this includes having the road tarred and having sidewalks.)


Amos Gay noted that if Cushman’s land is subdivided, by either himself or by someone else, the subdivision process would have to be conducted again. Any subdivision modifications would have to be approved by all involved. Jim Roberts pointed out that if the land is sold after five years it is considered a new subdivision and it would not have to be amended, as long as lot lines are not moved and no deed problems are encountered.


Mr. Cushman asked if the problem would be resolved if he sold his land to the Morses. Jim Roberts and the Board members were unclear on this issue and could not give a definitive answer. Another proposed scenario would be that Cushmans could sell their land back to the LeBlancs, who could then sell it to the Morses. Remi Caron cautioned everyone to remember that it was the legality of the sale of this land that caused the problem, and any considerations should be researched thoroughly.


ESTATE OF NORMA CHARLES SUBDIVISION, GOULD ROAD:  Amos Gay told the Board that his previously submitted subdivision application was incomplete and presented a list of items to be corrected. He also asked if the Board any items of concern to address. Board members mentioned that the right-of-way should be widened from 40 feet to 50 feet but they felt it didn’t need to be extended. Amos Gay felt it should be extended to 275 feet according to his interpretation of the zoning ordinance, adding that the right-of-way should have been established before the building permit was given. This wasn't done in this case. Remi Caron read from the Zoning Ordinance (Section 5.3, Table of Land Uses, page 42) and after discussion it was determined that the right-of-way needs to be 50 feet wide and 275 feet long according to the ordinance. Amos Gay noted that the owner needs to deed out the additional 10 feet for the width, but not necessarily have it constructed. Part of the problem is that the right of way wasn't built when it should have been, and probably the current owners (Mishoes) are not in a position to do so now.


The Board noted that the following items are incomplete on the subdivision application:

1. Right-of-way should be widened from 40 feet to 50 feet

2. Right-of-way should be extended to 275 feet


Amos Gay noted the following items that need to be corrected and/or added:


3. Provide setback lines on the plan

4. General Note 7 needs to be corrected in reference to General Notes 5 and 6

5. In General Note 8 the term “streams” should be changed to “watercourses”

6. The title “Great Spring Brook” should be added to the brook

7. The name “Old County Road” should be changed to “New County Road”

8. Brackets should be added to bring lots 3 and 5 together.

9. The detail of the distance between the pins in the lower right corner should be shown


Mr. Gay raised the issue of the application fee payment. Dick Hall motioned to allow the condition that the application fees be paid subsequent to the sale of property and prior to the recording of the Mylar. Dan Plourde seconded and all voted in favor. The Board did not set a time limit. Amos Gay stated he would not record this until the Board tells him to proceed.


Mr. Gay will appear before the Planning Board again on January 17, 2012 to continue this issue.


The meeting adjourned at 8:00 PM. The next meeting is scheduled for Tuesday, January 3, 2012 at 7:00 PM.





Valerie J. Cole, Secretary



Remi Caron, Chair

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



 ADDENDUM: Received by email from Ed and Sarah LeBlanc. Added to the Dec 20, 2011 minutes and approved at the Jan 3, 2012 meeting:

We think it is important to include that the sale of property on

> Bickford road was made after referring to the Town of Dayton

> Subdivision handbook.


> The land was transferred only after we educated ourselves with what we

> thought was a legitimate exemption. It wasn't that we thought the

> property was "big enough" or "seasonally dry enough" - we thought that

> parcels of 40 acres or more were exempt.


> As a point of pride, it is not the application fees that would

> bankrupt us but rather the tens of thousands of dollars involved in

> creating a present-day subdivision.


> Please consider ammending the minutes to portray our situation more

> accurately to interested parties.