DAYTON PLANNING BOARD
Regular Meeting
October 2, 2006
Members Present: Nancy Harriman, Rick Shaw, Derrick Vezina, Dick Hall, Valerie Cole (Alt.),
Others: John Gay, Deborah Bean, Mark Walton, Lyla Kyriazi, Pat Frasier, Brian Dill, Jim Roberts
Administrative: Minutes from August 21, 2006 were approved. Dick Hall moved, Rick Shaw seconded, all voted in favor.
Notes from September 18 reviewed, not approved as minutes because not enough members were present at that meeting to make a quorum.
OLD BUSINESS
BOUNDARY OF THE VILLAGE DISTRICT: Jim Roberts explained to the Board that the boundaries need to be defined for the village district. Members felt that the boundary had been settled in regards to Linwood Acres subdivision. Two lawyers had previously advised the Board to settle it in meeting and members felt this had been done. Jim noted that the Appeals Board must make the determination, not the Planning Board. Approximately 300 acres could potentially be affected, and until the issue is straightened out, any abutter can challenge it. He stressed that it needs to be clarified and that the Appeals Board is the proper Board to do so. (See Article 2 .3 in the Zoning Ordinance.) The Board was under the opinion that it had been determined. Dick suggested that the Board get a letter of advice from the lawyer.
David Ordway appeared before the Board and Dick asked him for his opinion. Mr. Ordway said that if there is a question as to where the boundary is, the ordinance provides that it is to be determined by the Zoning Board of Appeals. He noted that it is not necessary to go to the ZBA just because someone questions the boundary, but if there is an issue regarding the boundary, the ZBA is the determining board.
Jim felt it should be clarified now in case there is an issue later with subdivisions. Mr. Ordway’s opinion was that, if the majority of the Board felt there is an issue, it should be referred to the Zoning Board of Appeals.
Dick motioned that the Board turn the issue over to the Zoning Board of Appeals for a determination. Nancy asked if this should be done just for this issue or for all. Dick felt that it should all be settled. Derrick Vezina seconded, all were in favor. The Secretary was instructed to set this in motion.
DAYTON SAND AND GRAVEL: A Certificate of Liability has been received and filed for this year.
DEBORAH BEAN, FOUR LOT SUBDIVISION: Mark Walton, speaking on behalf of the applicant, explained that this is a four lot subdivision, with one lot that is owned by cousins (Walkers) Ms. Bean is planning to established two buildable lots. It was noted that one corner lot has been wet this spring. Test pits have not been established; they will be in two days. The plumbing inspector has not yet been notified. The applicant was advised to contact him to provide 48 hours notice before digging test pits. The Board explained that there should be one test pit on each lot. The applicant was told that a cistern or fire pond would be required per Fire Department recommendations, and that the lots need to be treated if each lot would be developed, even though the applicant doesn’t plan to develop all of them. Mr.
Walton asked if it could be a condition that if additional lots were developed, a cistern would be required. Members explained that the subdivision must be held to current standards and Fire Department recommendations. One cistern is recommended for four lots.
Mr. Walton indicated that a single family home would be built on Lot 1. He wondered if it would be possible to connect two lots (unnumbered lot and Walkers’ lot) via a land bridge to create three lots so that a cistern would not be required. He was advised that it would require a new set of plans for the Board. The applicant was also advised that a cistern might be more feasible than a fire pond, as a pond has many state requirements.
A resident asked if Lot 1 was buildable, as it was wet this summer. Jim Roberts explained that the wetlands would have to be delineated. It was pointed out that the lot would have to pass a soil test.
PAT FRASIER, HUNTER’S RUN SUBDIVISION: Mr. Frasier presented a letter requesting a waiver on the 25-foot paved road through a narrow section in his subdivision. He explained that he has a right-of-way across Dorothy White’s property but does not have enough width to fulfill the road requirement. Board members discussed whether this is a hardship case that warrants a waiver on the 25-foot road requirement. Dick asked that it be defined on the map.
Mr Frasier’s letter also indicated that he is proposing two 10,000 gallons cisterns and is working with the Fire Department to determine a location. He explained to the Board that the subdivision would not require a storm water runoff permit from DEP.
Mr. Frasier would also like to extend the road beyond Phase 1 to complete his brook crossing. A temporary hammerhead will be located before the end of the road. He was advised that it would not be acceptable if a house were built at the end of the road, beyond the hammerhead. Jim advised that there be a condition/note on the map indicating that no house would be built at the end of the road until a cul-de-sac is completed to accommodate that house. He reminded Mr. Frasier that the setback from the bridge is 150 feet.
Mr. Frasier asked to schedule a public hearing. Members explained that they would need a final, completed plan before a hearing could be scheduled. The phases need to be delineated, the hammerhead needs to be delineated and needs to meet code, cisterns needs to be labeled, and the road extension and the area where the waiver is requested need to be marked.
Dick noted that Mr. Frasier is also asking for a waiver on the grade in Phase 1. Jim noted that it could be a problem if this ever was considered for a town road. Mr. Frasier explained that it was an existing grade; he could not change it. He was told he would need to indicate on the final plans that it would remain a private road.
Pat Frasier asked for a definition of paving; he was referred to the Subdivision Standards book. Board members indicated that recycled pavement is not acceptable.
Mr. Frasier asked to be on the agenda for October 16, 2006.
HAMMERHEADS VERSUS CUL-DE-SACS: Members debated hammerheads versus cul-de-sacs; Derrick read from the Fire Department recommendations. It was pointed out that the Linwood Acres hammerhead would be larger than recommended and that it had been voted previously to allow a hammerhead for that subdivision.
MORATORIUM ON BUILDING ALONG ROUTE 35 CORRIDOR: Jim Roberts informed the Planning Board that the moratorium ends soon and the Board needs to deal with the zoning change proposals. In order for the zoning changes to be voted on by residents, a public hearing needs to be held (possibly two). The Planning Board needs to take the initiative on this.
It was determined that there was probably not enough time to get this issue on the ballot. Board members felt that they wanted to meet with the Selectmen about this. Jim pointed out that it is the job of the Planning Board to work on the zoning changes.
The proposed zoning changes are on the land use map in the Comprehensive Plan. The zoning ordinance has to be changed to align with the Comprehensive Plan, but needs to be voted in by the town. The Board must have a public hearing on all the proposed changes. A public hearing should be held on the growth ordinance as well.
Jim recommended that the Planning Board read his changes before setting a public hearing. Nancy suggested that members plan to review the changes at the November 6, 2006 meeting.
LINWOOD ACRES SUBDIVISION: Members received a copy of a letter from 535GMR LLC requesting a waiver on the raised sidewalk and a waiver on the fire pond. Members also received a new set of plans. No action was taken on either. Linwood Acres is on the agenda for October 16, 2006. The Lyman Planning Board was notified by letter dated October 2, 2006. No other new information.
RICK AHEARN AND JODIE AHEARN, MOBILE HOME PARK: No new information.
NEW BUSINESS
SHORELAND ZONING: Dick indicated that he would be going to the SMRPC workshop on Shoreline Zoning on October 25th. New standards must be adopted by January 1, 2008.
PROCEDURE: Nancy called SMRPC about procedure when two towns have to work together on a subdivision. They indicated that the law is vague. One town must notify the other when the applicant is on the agenda, but does not necessarily need to form their agenda around the other town.
PERSONNELL: Brian Dill is joining the Board as a new member.
Rick motioned to adjourn. Derrick seconded, all voted in favor and the meeting adjourned at 8:40.
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Valerie J. Cole, Secretary
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Nancy Harriman, 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.
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