DAYTON PLANNING BOARD
Regular Meeting
February 5, 2007
Members Present: Nancy Harriman, Rick Shaw, Derrick Vezina, Dick Hall, Brian Dill, Valerie Cole (Alt.)
Others Present: Jim Roberts CEO, Mike Lamontagne
ADMINISTRATIVE:
Dick Hall moved to approve the minutes from December 18, 2006. Rick Shaw seconded. All in favor.
OLD BUSINESS:
LINWOOD ACRES, SUBDIVISION: no new information.
DEBORAH BEAN, SUBDIVISION: no new information.
RICK AHEARN AND JODIE AHEARN, MOBILE HOME PARK: no new information.
BRESNAHAN MASSAGE THERAPY OFFICE: no new information.
MORATORIUM ON BUILDING ALONG ROUTE 35: expires soon.
SHAW BROTHERS GRAVEL PIT: A bond is on file with the town, the issue will be reviewed when Shaw Brothers representatives come before the Board to combine the pits.
PROPOSED ZONING ORDINANCE CHANGES: Jim Roberts pointed out that the Planning Board will need to plan a public hearing to discuss proposed zoning ordinance changes, as well as the issue of the village district boundaries. The hearing needs to be held in a timely manner so there is enough time to have ballots printed up before the June town meeting. Jim will plan to finish writing the proposed changes and will post them to the town web site, members will discuss the changes at the March 5, 2007 meeting. The public hearing will tentatively be scheduled for the first week in April. Jim noted that the issue of shoreland zoning should be incorporated into the hearing also. It was also noted that the issue of growth permits will need to be examined in light of Ahearns’ proposed mobile home park.
Jim noted that the village boundary issue will probably need to be revisited in a couple years so that it follows property lines. He discussed how sometimes thing slip past in the planning process, noting that it is the job of both the Board and the CEO to review the plans for errors.
OPEN SPACE: Dick asked for clarification in the references to open space and the possibility of the town accepting funds. If money goes into town funds, the town has to vote to accept it and it can put it into the Land Acquisition Fund. The builder may be asked to make a donation of land, if they refuse, then they may be required to pay into the Land Acquisition Fund. (Subdivision Regulations, Article X, 10.2 page 18)
Jim noted that there are some subdivisions do not have much open space that would serve the town. (Sections 10.2. C and D) In the case of Ahearns, the Board could ask for three acres but other subdivisions do not have land that would be beneficial. Dick expressed concern that it is confusing, as there is a formula for money and one for land. He noted that the improvement fund does not say if it is land improvement or can be used for capital improvements. Jim thought the assessor would need to be involved to determine the worth of the lots.
Jim noted that the size of the building lot does not matter. Dick noted the value would vary a lot depending on the size of the lot. Jim Roberts pointed out that it applies to the issue of paved roads also, because of their location. Dick would like to move toward receiving money or land. Jim suggested that the ordinance be rewritten, as it is unclear. Dick also pointed out that it is confusing that the town can require money but then not accept it until it is vote on and approved.
Nancy suggested that the members come up with a formula for the next meeting. Dick offered to look into it more and draw up something for the next meeting. Rick pointed out that if land is donated, it comes off the tax roll and it is possible that the town would end up with small bits of land in many locations. Jim pointed out that a money donation is the alternative.
NEW BUSINESS:
PROPOSED SACO BOAT LAUNCH: Nancy asked about the land on Louden Road where Saco is proposing a boat launch, noting that it will affect everyone on the river. She wondered who would be monitoring it. Jim noted that currently it is hard to get from Saco up through the rapids. He felt that SRCC would be involved in the issue. Nancy questioned whether the Board would be notified of any decisions made by SRCC or Saco. Dick volunteered to go to SRCC meetings.
MIKE LAMONTAGNE, MACHINE SHOP ON ROUTE 5: Mr. Lamontagne of Form Tech Tool and Die would like to expand his existing business to the neighboring three acres, and proposes to build a 50 x 100 foot building. He has had his business in Dayton for 16 years and would like to stay in Dayton. He has recently purchased a business in Biddeford and plans to move there temporarily while preparing for construction. He came before the Board to see if he needed a waiver to expand.
Jim Roberts noted there is a size restriction, but felt there is enough setback from the brook. He read from the Zoning Ordinance, noting under Land Uses (Article 4, Section 4.2, page 17-18) that it is allowable in the General Residential area with specifications as detailed in Article 5. Mr. Lamontagne’s property lies in the current General Residential zone.
Nancy referenced the Comprehensive Plan, noting that the Board is encouraging growth in that area. Jim noted that whether or not a waiver is needed depends on how the ordinance is interpreted. Dick asked if the Board has the authority to give a waiver, Jim replied that it may not require a waiver. He pointed out that the Board gave Mr. Lamontagne permission to start the business and had the authority to tell him he could expand. Dick clarified that the Board has the authority to grant this, as it is a business that is already established.
Mr. Lamontagne noted that he has done a lot to benefit the community in the form of donations. He currently has five employees and plans to have ten. Some of his employees are Dayton residents.
The Board members were in favor of the proposed expansion. Mr. Lamontagne will proceed with plans.
PERSONNEL: Nancy reminded members that she is leaving the Board, she has reminded the Selectmen as well. She intends to put in a letter of resignation soon. Board members will need to elect a new chair.
The meeting adjourned at 8:00 PM. The next regular meeting will be held at 7:00 PM on Monday, March 5, 2007. No meeting will be held on February 19 as it is a federal holiday.
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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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