Town of Dayton, ME - October 16, 2006

Others Present: Amos Gay, David Ordway, Janis Johnson, Lyla Kyriazi, Andy Morrell, Mike Lord, John Quint, Roger Irving, Rod Tetu, Ron Stewart, Steve Hodsdon, Pat Frasier, Jim Roberts

LINWOOD ACRES: Applicants asked for preliminary approval. Members went through the subdivision plan review checklist. Dick noted under "General Observations" that some critical data was missing on the first page of the current plans. Andy Morrell of BH2M indicated that it would be addressed on future plans. Members debated whether or not the zoning boundaries were approved. Mr. Ordway advised the Board that they could deem the application complete based on the fact that the Board had made a boundary determination in May. It may be subject to re-determination based on what is defined by the Zoning Board of Appeals at the October 31 public hearing.

Roger Irving stated that the Lyman Board would not accept this as a preliminary plan until there is a determination by the Zoning Board of Appeals on the boundary. Nancy reminded members that the applicants couldn’t go to DEP until they have preliminary approval.

David Ordway referenced Section 7.8 in the Subdivision Standards and explained that the preliminary approval is understood to be an acceptance of the subdivision design. It does not indicate that the final plan would be approved. Nancy explained that the Board had trouble determining the village district boundary because of lack of supporting records.

Amos Gay introduced himself as a former Selectman, former Planning Board member, and current Zoning Board of Appeals member, as well as a licensed surveyor. He will not sit on the Appeals Board public hearing because he wrote the study that was presented with the application. He remembers a handwritten notice defining the boundary, but his personal recollection is different. Distances are not specifically indicated so he scaled the map that is in Town Hall. He could not find a granite marker at the town line. He indicated that the line could probably be done by GPS, but he would be reluctant to go onto private property to mark it. He would consider marking it on public roads. He also expressed his opinion that it is time to move forward on this issue.

Dick noted that preliminary approval is in no way giving final approval and it should be understood that the proposal might change. He is operating on the assumption that the subdivision is within the village district. He felt that the Board should move forward with that assumption, understanding that it may change.

Mr. Hodsdon understood the subdivision standards to mean that the boundary issue goes before the Zoning Board of Appeals when the Planning Board can't make a determination. He felt that the Board does not need to go to the Zoning Board of Appeals to see whether or not the Planning Board decision is correct.

Nancy noted that the Board had voted to follow lot lines. It was clarified that there would be no final approval tonight on the application. Roger Irving expressed concern that the Board may give preliminary approval without this being clear.

Nancy asked for other issues; none were brought forth. The Board continued with the preliminary checklist. Jim noted that it is not required for a subdivision to have open space; he asked if the Board was requiring it or not. The Board also could ask for money to be placed into a land acquisition fund in lieu of open space. Dick felt that it would be reasonable for the Board not to request this, as they have not done so in the past and it is late in the process for this particular subdivision. Jim expressed concern that the Board was not following the standards; he wanted to clarify whether or not the Board was going to require open space.

The applicants indicated that they have homeowners’ association bylaws, but have not turned them in yet. Ron Stewart asked if there is anything in it to address the maintenance of the fire cisterns. He noted that during the first year the contractor should maintain it, and after that the homeowners’ association should. Mike Lord pointed out that on the Fire Department recommendation there is language to address that. He noted that the Fire Department budget does not have funds to maintain cisterns if something goes wrong.

Dick motioned to grant a waiver on the fire pond, using cisterns as an alternative fire protection source, with the condition that the cisterns be maintained by the homeowners’ association. Rick seconded. All voted in favor with one abstention. Mr. Ordway advised that the new Board member should not be voting in this matter, and that the alternate should be voting instead.

Board members continued going through checklist. It was noted by Mr. Ordway that in Section 7.1, H 3 of the Subdivision Standards that the Board needs to discuss whether or not there is a requirement to set a financial amount for a bond, cash, etc. to ensure that the plan will be completed. The applicants need to submit an amount to the Board. It is an additional thing to consider before the final approval. The applicants should supply estimates for costs of the site approvals. The Board has the right to get an outside opinion as well to see if the figures are in line. BH2M indicated that they would submit that.

Rod Tetu asked how much the lot size would change if this is outside the village district. He noted that if the change is drastic, a new public hearing and sitewalk would be necessary. Amos Gay felt that it would be somewhat affected but had no guess as to how much.

Roger Irving asked that the letter submitted by Mike Polakewicz regarding missing information on the plans be admitted as record and the changes addressed.

Dick motioned to grant preliminary approval pending receipt of homeowners’ association bylaws and the changes noted on the first page. Rick seconded. All voted in favor (one abstention.)

Mr. Hodsdon asked if there is a true copy of the zoning map. He noted the one on the wall is dated 1978 while the town ordinances reference a 1993 map. Amos Gay explained that it was amended in 1993 but it had not been officially signed by the Town Clerk. Jim clarified that the zoning was not actually changed in 1993. Amos felt that the reference in the zoning ordinance is an error. To the best of his knowledge, the zones have not changed since 1978. Lyman Board members wondered if there is something on file in Alfred.

PAT FRASIER, HUNTER’S RUN: Pat Frasier presented new plans and indicated that they show the cistern location, but he did not extend the road. The hammerhead is indicated on the plan. The hammerhead has a 45 degree radius and is shown on page 4 of the new plan. The fire tank is next to the hammerhead. The section of road where Mr. Frasier is requesting a waiver is noted on the plan. Page 3 shows it in detail.

Dick suggested that the Board vote on the waiver before starting the preliminary plan review. Sheets 3 and 4 show the slope and road in question. The applicant owns a 50-foot right-of-way over Dorothy White’s land. He is asking for a waiver for the slope. He is making an improvement over the existing slope, but cannot meet the standards. Mr. Frasier has added "Private" to the plans in regards to the road as requested. This is one of the conditions.

Dick motioned that the Board grant a waiver to eliminate the five-foot walkway as shown on the map by tapering from stations 7.50-11.00. Pat confirmed that he has the right-of-way in writing. Rick seconded. All voted in favor (one abstention.)

Dick motioned for a waiver to increase the slope as shown on the plans. Derrick seconded. All voted in favor (one abstention.) Dick motioned that the Board grant a waiver of the firepond and allow the applicant to use a 10,000-gallon cistern, with the homeowners’ association taking over maintenance after one year. All voted in favor (one abstention.)

Members started going through the checklist. Mike Lord indicated that the Fire Department had picked the spot for the cistern. Dick proposed that open space be addressed in future subdivisions. Open space may be required in Phase 2 of this project.

Pat Frasier has deed restrictions that came with the property, he will add language for cistern maintenance. The deed restrictions have language addressing road maintenance.

Dick asked Jim for clarification on letters from SCS regarding soil erosion. Jim explained that it could be requested by the Board. Andy Morrell indicated that the plan is going to DEP for a partial review. Jim suggested that the Board send plans to SCS for a review. Dick indicated that the Board would like to have that to address the soil erosion and control plan.

A public hearing was scheduled for Monday, November 6, 6:30 PM to 7:00 PM at the modular. Following that the Board will have a workshop meeting to review proposed zoning changes.

Rick motioned to grant preliminary approval with the following conditions: cistern maintenance language will be added to homeowners’ association bylaws, Mr. Frasier will obtain a letter from SCS regarding a soil and erosion plan, and the term “private road” will be added to the plans. Derrick seconded. All voted in favor (one abstention.) Mr. Frasier asked to be on the agenda for November 20, 2006.

Dick expressed concern that the Board has not required open space on Linwood Acres. Jim noted that the Board could request funds for land acquisition instead. He noted that in Linwood Acres it would take a building lot away if open space were required. He also clarified to Mr. Frasier that his brook setbacks did not qualify, as the land has to be useable. Dick felt that the Board should talk with the selectmen about the issue of funds.