Dayton Planning Board

July 7, 2009


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


Others Present: Jim Roberts CEO, Lyla Kyriazi, Janis Johnson



The meeting was called to order at 7:05.


Dick Hall motioned to approve the minutes of June 2, 2009. Remi Caron seconded, all voted in favor.


Theresa Greeley-Payeur tendered her resignation via email, as she has been elected to the Board of Selectmen.


Old Business:

None discussed.


New Business:

535 GOODWINS MILLS RD LLC: Lyla Kyriazi explained that it appears 535 Goodwins Mills Rd LLC will be taking back the property of Linwood Acres. She requested that Dan Plourde step down from the Board during discussion, as he is related to the current owner of the property.


She asked if Phase 1 is complete to the point where an occupancy permit can be given. Jim Roberts thought he had received a letter from engineer Steve Walker, indicating that it is complete. Members reviewed the Easy Living Homes file but could find nothing dated beyond April 10, 2008.


Mrs. Kyriazi said she had called Mr. Walker and visited the site with him recently, and that he felt there is work left to do. He was not in agreement that the sites were ready for building permits. He recommended to her that the $21,000 that should still be in escrow should be used to finish the work. Mrs. Kyriazi pointed out that the purpose of the escrow account is to finish the work if the developer is unable to; she asked if there is money left in the account. Jim Roberts explained that anything released from the account was on Mr. Walker’s recommendation. Mr. Walker sent letters to the Town upon completion of certain items, and then Jim gave letters to the developer to give to the bank to release funds. Mrs. Kyriazi stated she has a copy of the last report, but it does not appear to give a recommendation to release funds.


Mrs. Kyriazi explained that the developer had made himself the principle holder of the account. She talked to the bank and according to them, the bank never got the letters but the money was withdrawn, including the final $21,000.


Jim Roberts explained that all had been done on Mr. Walker’s recommendation. Mrs. Kyriazi asked why the developer was made the principle holder on the account; Jim didn’t have any information.


Mrs. Kyriazi requested the following information:


  1. Is Phase 1 is complete? If so, the applicants would like a statement in writing to that effect.
  2. If Phase 1 is not complete, what needs to be done? The Planning Board would like a detailed report.
  3. If Phase 1 is not complete, where are the funds and how did they get disbursed?  How did the Town manage the escrow account and the project?


Remi Caron asked if the applicants would be willing to give the Board some time to go through the file; they will be on the agenda for July 21, 2009. The applicants left at 7:30 PM.

Members clarified that the following information needs to be obtained:

1. Mr. Walker’s opinion of the project

2. If the project is not completed, what needs to be done and how much it will cost

3. Status of escrow account


Jim Roberts will speak to Steve Walker to see if he issued a report that Phase 1 is complete. He will also contact the bank.


APPLICANT FORM: Members discussed a way to get information from people before they approach the Board; it was decided that a form could be put on the web site for applicants to fill out when requesting an appointment. Members also discussed having a disclaimer regarding the presence of legal counsel. (See attached form.)


CHRIS AND CHERYL L’HEUREUX, 1308 NEW COUNTY RD: Chris and Cheryl L’Heureux bought the former hatchery on New County Road and want to locate their security business there. They plan to set up an office and a warehouse, and are requesting approval from the Planning Board. It is a permitted use, as this is in the Mixed Use zone. The Board debated whether or not they need to do anything. Members decided to ask the applicants to attend the next meeting and answer questions, and to approve the request at that time if appropriate.


The meeting adjourned at 8:20 PM. Dick Hall motioned, Dan Plourde seconded, all voted in favor.




Valerie J. Cole, Secretary




Remi Caron, Chair

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







Incorporated April 7, 1854





In order to be on the agenda for a Planning Board meeting, please provide the following information. This will help members to be as prepared as possible for your appointment. You will be contacted soon with a date to appear before the Planning Board.







HOME PHONE:                                                        CELL PHONE:

(Please indicate the phone number that you prefer to be used)


Please give a brief description as to why you wish to attend the Planning Board meeting. It is understood that only the matters listed below will be considered at this time.














Please be advised that if you intend to bring legal counsel with you, the Planning Board requests at least ten days’ notice prior to your scheduled meeting so that the Town’s legal counsel may also be retained. Failure to do so may result in a decision by the Planning Board to postpone the agenda item until proper legal counsel may be obtained. Please bring any pertinent paperwork, forms, or other information with you to the meeting.


Send the completed form to: Planning Board Secretary Valerie Cole, 146 Murch Rd. Dayton ME 04005

or email to ceodayton@roadrunner.com