DAYTON PLANNING BOARD
Regular Business Meeting
April 19, 2004
Members Present: Dave Clark, Rose Hill, Nancy Harriman, Heather Pinet, Ron Wormwood
Absent: Jack Taylor
Also Present: Code Enforcement Officer Jim Roberts, Crystal Risbara, Frank Risbara
ADMINISTRATIVE BUSINESS:
Dave Clark called the meeting to order at 7:30 p.m.
The minutes for the March 15, 2004 Regular Meeting were read and approved. The revised minutes from February 16, 2004 were discussed briefly and approved.
Old business to be carried forward: town maps and filing cabinet.
OLD BUSINESS:
CELL PHONE TOWER
Dave Clark reviewed the status of the cell phone tower issue. The Planning Board’s decision was taken before the Zoning Board of Appeals, which remanded it back to the Planning Board. It was returned because the Planning Board had not provided facts on why the CUP was approved. The Planning Board has set a Public Hearing for Thursday, May 6th, 2004, 7 p.m. at the Dayton School Gym. Town Attorney Maxine Pouravelis felt that it would be wise to schedule a Public Hearing to make sure that all legal issues are covered in case this should end up in Superior Court. Board members discussed briefly whether additional advertising should be done and decided that the usual postings and legal notices in the Courier would suffice. Attorney Maxine Pouravelis will be on hand to assist at the
Public Hearing.
(At this point Crystal Risbara and father Frank Risbara arrived and Board members considered the new business at hand.)
NEW BUSINESS
Risbara Lots
Crystal Risbara appeared before the Board to ask if she could sell a 6-acre lot as two 3-acre lots. The lot is located on Rt. 35, in what was determined to be the subdivision known as East View Pines. Specific concerns were:
Is the lot in the village zone or farm and forest zone?
Is there enough road frontage? (Frontage total is 229.43 feet)
Is the acreage sufficient to divide into two salable lots?
After discussion, map study, and consulting with CEO Jim Roberts, it was determined that the lot was zoned as general residential, which has a minimum lot size of 2.02 acres and needs road frontage of 200 feet. Ms. Risbara was advised to have the land properly surveyed to determine if a feasible plan could be developed. Upon further discussion, it was determined that this lot is in a subdivision and that allowing creation of a second lot would be changing subdivision zoning. Ms. Risbara was advised that, although it may be possible to sell the land as two lots, there would be a great expense involved in hiring surveyors and lawyers and she would probably be better off if she sold it all as one lot. She then asked if the same conditions would apply if she gave part of the lot to a family member, and was
advised that it would.
(At this point the Risbaras left and old business resumed.)
CELL PHONE TOWER (continued)
Dave Clark read an email that the secretary had received from Dr. Potyk regarding an answer to a question that he had asked at the February 16th meeting. Dr. Potyk felt that the answer was misrepresented in the minutes. Members had different interpretations of the passage in question, and so the Feb. 16th minutes were not changed, as the point was not in regards specifically to the proposed Dayton tower. (See Feb 16, 2004 minutes, page 5, last paragraph)
It was also noted that the issue now seems to be the height of the tower and not so much the location. Nancy asked if there were any federal limitations on height, and Dave replied that the tower must be functional. If towns restrict height, than there is an increased likelihood that more towers may have to be built. While towers cannot be denied, it is possible to steer them toward preferred locations.
TAPE RECORDER
The secretary presented estimates on an audio tape recorder with auxiliary microphones and accessories and was told to purchase a system so that meetings and public hearings may be recorded.
TARA ESTATES
Dave addressed a handout that he had emailed to members regarding a September 6, 2003 sitewalk. Dave and CEO Jim Roberts will walk the property again and will get an estimate on the needed work and send it to Maxine Pouravelis. Residents have asked if they can pay to have the road improved and then be reimbursed by the town. Maxine says that this is possible but they should understand that they take a risk of not being reimbursed in full. Upon receiving the estimate for repairs Maxine will send a letter to Ocean Communities Federal Credit Union to address why the funds were improperly released.
SDI
Jim Roberts informed Dave that the bond has been received. Dave and the secretary will draft a letter to verify this with the bank. Also, Dave has been told that the water level at SDI is currently very low and expects that someone will be before the Board about mining below the water level.
MOE POIRIER
Mr. Poirier has supplied copies of the two deeds to his properties. The secretary was instructed to send him a letter advising him that the prior actions of the Planning Board are considered null and void, that the land will revert back to its original parcel, and that the CUP issued on June 2, 1999 is no longer valid. The copies were added to his file.
SCOTT DUBE
Mr. Dube appeared before the Board on March 15th to request clarification regarding a piece of property in Bennett Acres. The Board at that time agreed that the lot was still non-residential but was buildable. After further research it was determined that although the 1999 Board may have meant for the lot to be non-buildable, that description did not exist anywhere, and the lot was referred to in records as non-residential.
The meeting adjourned at 8:30 p.m. The next meeting is scheduled for Monday, May 17th, 2004.
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Valerie Cole, Secretary
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Dave Clark, Chairperson
COPIES TO: Jim Roberts, Code Enforcement Officer and Town Selectmen
THESE MINUTES MAY NOT BE TRANSCRIBED VERBATIM. SECTIONS MAY BE PARAPHRASED FOR CLARITY.
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