Dayton Planning Board

July 21, 2009

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

Others Present: Janis Johnson, Lyla Kyriazi, Nancy Weller, Cheryl and Chris L'Heureux, Diane Tousignant, Brian Plourde, Jim Roberts (CEO)

Administrative: The July 7, 2009 minutes were approved; Dick Hall motioned and Dan Plourde seconded. All voted in favor.

New Business:

CHRIS AND CHERYL L’HEUREUX, 1308 NEW COUNTY ROAD: The L’Heureuxs would like to use their property at 1308 New County Road for storage and to establish a shop for their business, Maine State Security. There would not be much traffic involved. Remi Caron noted that it is zoned for Mixed Use and that such business activities are allowed on the property. The Planning Board gave approval.

Old Business:

535 GOODWINS MILLS RD LLC: The Planning Board confirmed that the Town did not sign off to release the last of the funds in escrow.

Brian Plourde said he withdrew the funds because he felt Phase 1 was complete and that he went above and beyond the requirements to complete the process. He had money in the account while he completed Phase 1, and then closed the escrow account because it cost him money to continue it. Only he was authorized to draw off the account. Dick Hall pointed out that engineer Steve Walker had not confirmed to the Board that it was complete, and according to the agreement with Brian Plourde, the engineer was to determine completion, not the contractor.

Dick also noted that the Planning Board will handle funds differently in the future, so that they aren’t taken out of escrow without the Board’s approval. The Board’s intent was to set up the account so the Board would know when funds are taken out.

Mr. Walker alleges that Phase 1 isn't complete. Brian Plourde feels that Mr. Walker required more than what the Planning Board asked for, and he feels he did more than he had originally agreed to. He added length to culverts, did more to the irrigation system, and added changes to the fire tanks and tank fittings that the Fire Department wanted, which was above what he had originally agreed to.  He noted that the detention pond basin still needs a cover that consists of special bark mulch that goes over the stone and then is covered by loam.

Lyla Kyriazi stated that Steve Walker should do a final inspection. She asked who set up the bank account: Brian Plourde set it up with himself as primary. The Board was under the impression that the Town would have to sign off in order for funds to be released, but the bank has made changes to escrow accounts that the Town wasn’t aware of. In the future the Town will use a different method other than escrow accounts.

Remi Caron agreed that Mr. Walker should to do a site visit and explain what he understood was required for Phase 1, and why he required more. Jim Roberts noted that there should be a decision as to who will pay. Dick Hall felt that it would be the property owner. Brian Plourde said he would not authorize that and nothing should be done until he and Lyla Kyriazi decide who owns the property. Dick noted that someone needs to authorize a final inspection, and Jim pointed that Mr. Walker would have to follow the Planning Board requirements.

 The Planning Board would like a written report from the engineer. Brian Plourde felt that the report could be generated without a site visit: Lyla Kyriazi said that it should be inspected in an official capacity, not by a casual visit.

Janis Johnson asked if the requirements were different from what the Board wanted for Phase 1 and what Mr. Walker understood them to be. Brian Plourde explained that Mr. Walker kept adding items.

Lyla Kyriazi referenced a previous issue concerning funds with Tara Estates and felt that part of the onus for the withdrawal of funds should lie with the Town. Jim Roberts explained that in the Tara Estates case an engineer had signed a report, and that it was a very different situation.

Dick noted that the Planning Board does not have an interest in protecting the owners, but in protecting the Town. The Town does not feel responsible for Linwood Acres because it doesn’t get involved in the business dealings. He admitted that funds were not handled as intended, but noted that most of Phase 1 was done.

Janis Johnson asked if the money could be better controlled if the Town was listed on the escrow account, but Dick explained why the bank no longer does this and so was able to release funds. Janis asked if occupancy permits could be given at this time, if built to code. Jim explained the requirements stated that occupancy permits can be given when the road is complete to town specs, except for the final coat of pavement. Remi noted that the April 10, 2008 report did not indicate that there were any major issues.

Janis Johnson asked about a time frame for a final inspection. Dick said it depended on when someone would pay for the report, and reiterated that it is the property owner’s responsibility. He pointed out that the property owner was welcome to talk to Mr. Walker about it and determine the cost, and to authorize him to do a report, but it isn't the Town’s responsibility.

Lyla Kyriazi and Janis Johnson said they would not make a decision tonight, but would get back to the Board.

AGENDA FORM: Members looked over the request form for applicants to fill out to be on the agenda. Dick Hall suggested that the time frame for notifying the Board that legal counsel would be attending should be 14 days instead of ten, and the change was so made. (See attached form.)

WINDMILLS: Dick Hall presented information about windmills that the State proposes to locate in Carthage, ME and also noted that Dayton does not have an ordinance. Dayton probably does not have the sites that would attract large windmills, but there may be concern if there are some located near town borders by other towns.

He noted there are three issues of concern: the noise, distance from homes for the flicker effect and noise, and plans for removal of the windmills.

Dick presented some ordinances that he found from other states. He noted that Carthage learned that they can't put retroactive ordinances in place now that the State is looking at sites; the State says it is too late. If Dayton has something in place, even if it is not perfect, then the State can't come in and say that there is nothing in place to regulate windmills. He suggested the following for the Board to consider:

• No more than five decibels over ambient noise levels
• No closer than  2000 feet from homes
• A plan for removal

Dick noted that the State sent people to Carthage who had not been truthful or accurate about the biology of the area, (number of streams), the sound level and the fire plans.

Dan motioned to adjourn the meeting at 8: 00 PM and Dick seconded. All voted in favor. The next meeting is scheduled for Tuesday, August 4, 2009 at 7:00 PM.

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Valerie J. Cole, Secretary

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Remi Caron, Chair

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

THESE MINUTES MAY NOT BE TRANSCRIBED VERBATIM. SECTIONS MAY BE PARAPHRASED FOR CLARITY.