Dayton Planning Board
October 1, 2007
Members Present: Rick Shaw, Brian Dill, Dick Hall, Valerie Cole (Alt.)
Others Present: Tom Biegel, Jim Taylor, Jim Roberts
ADMINISTRATIVE:
Dick motioned to accept the minutes of September 17 and the Public Hearing notes of September 19, 2007. Brian seconded, all voted in favor.
OLD BUSINESS:
WATER RIGHTS: Dick contacted the hydrologist again regarding water rights but still has no information.
PROPOSED ZONING ORDINANCE CHANGES: No changes as a result of the public hearing.
Attorney David Ordway submitted a contract zoning draft to the Selectmen for review. Jim Roberts explained that it makes it possible for a property to be rezoned if it is reviewed by the Planning Board, and then given to the Selectmen with the Planning Board’s recommendation. He noted that currently there is a buildable lot in a subdivision in the commercial zone and maybe the entire subdivision should be removed from the commercial zone. This would prevent a commercial building in the subdivision.
Jim Roberts felt that there was not enough time to have this on the ballot for Election Day in November. He noted that someone is interested in the lot, but the vote will probably wait until June. The Selectmen still have to review the draft. Board members decided to wait until hearing from the Selectmen.
RICK AHEARN AND JODIE AHEARN, MOBILE HOME PARK: No new information.
SHANNAN LABREQUE, CHILDRENS’ DAYCARE CENTER: Awaiting copies of state license and insurance liability policy.
NEW BUSINESS:
SHAW BROTHERS GRAVEL PIT: Shaw Brothers Construction would like to combine three newly purchased pits plus the approved former SDI gravel pit with their current operations. Mr. Biegel explained that they already have approval from Lyman and DEP. More of the new land is in Lyman than in Dayton. Lyman has had a site walk and public hearing. Two of the new pieces are in Lyman and the third piece and the SDI pit are in Dayton. They plan to do nothing there that is not already approved.
The new lot in Dayton is surrounded by Shaw Brothers property on three sides. This adds about 20 acres plus the SDI pit. There are now 255 acres in Dayton.
Rick noted that it seems the Planning Board will have to duplicate what has been done in Lyman. Dick asked if the Board felt it necessary to do a site walk. Mr. Biegel said that only one Lyman resident had attended the Lyman public hearing. To the best of his knowledge, no Dayton residents had been notified about the Lyman site walk and public hearing. All the Lyman abutters were duly notified. The Board members decided a site walk is not necessary.
Mr. Biegel explained that the pit had traded land with an abutter; the abutter acquired land that the pit could not use because of setbacks and the pit acquired the back part of the abutter’s land, which will be a setback.
Dick felt that there is nothing in the proposal that will impact Dayton residents. Mr. Biegel noted that the Dayton abutters were the same ones that had been there in 2002 for the original CUP.
The new lands are the backs of spaghetti lots and the pit will slowly expand as needed. Shaw Brothers would like the Board to allow the 20 new acres and the SDI pit to be combined with the rest of the pit.
Mr. Biegel noted that Lyman wants pits to come back every three years for review and approval, whereas Dayton does not require that. The Lyman Board is signing the approval on Wednesday, October 3rd.
Rick asked Jim Roberts if he had any issues. Jim said he does not, but that a resident had concerns as to who owns the land in the triangle near the SDI pit. Mr. Biegel marked the piece on the map and explained that the resident thinks he owns a piece of it. Shaw Brothers is not mining there. Jim suggested that it should be clarified by those who think they own it, as they can’t dig to the property line if they don't own it. Mr. Biegel explained that there are heirs that own many small parts of this piece. It had been assumed that Rusty Keene owned it.
Dick felt that it was a civil matter, not a Board matter. Mr. Biegel has presented the Shaw Brothers’ deeds to tax assessors; they would like to settle the matter without going to court. This issue does not affect the pieces that Shaw Brothers seeks to combine tonight. Jim stated that he has no other issues with this.
Jim asked if the reclamation bond would be increased. Originally it was $30,000, now the amount in the CD is over $38,000. Mr. Biegel suggested that the amount could be left as is. Nothing has been reclaimed yet, at least 25 acres are open. Jim indicated he is satisfied with the amount of $38,000. The Board was holding $7500 on SDI pit’s previous owner. Jim noted that by the time the 5-year CD matures, probably a lot of the area near Route 35 will be reclaimed.
Rick noted that they would be doing nothing new in SDI pit that has not already been approved. Shaw Brothers already has state approval. Jim asked if there would be mining below the water table in the SDI pit, noting that the Board had approved it for Andy Howard but had not issued the CUP because he never followed through with the conditions. Shaw Brothers does have the right with DEP to go below the water table, as it was transferred by DEP. Mr. Biegel felt that they would like to be able to do that. Jim Taylor noted that the water table had risen. Mr. Biegel explained that DEP gave them the right to include the whole area, but if they did it would be a long time in the future. They could come back to the Board if required.
Dick pointed out that they could be asked to come back in five years for review. Rick asked if Lyman placed any special conditions; they did not.
Dick motioned to transfer the SDI permit to Shaw Brothers to be used according to terms that already exist and have been previously approved for SDI Pit and to use the new lots in the way previously approved for the surrounding acreage.
Mr. Biegel hoped to have the SDI approval reflect what is already permitted in the Shaw Brothers pit. If there are special conditions, he is not aware of them. Dick explained that if there is a condition that exists Shaw Brothers would have to come back before the Board for approval.
Brian seconded. All voted in favor.
NEXT MEETING:
There are no items on the agenda for October 15; members voted to cancel the meeting. Dick motioned, Brian seconded, all voted in favor. The next regular meeting will be held on Monday, November 5, 2007.
The meeting adjourned at 7:50. Dick moved, Brian seconded, all voted in favor.
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Valerie J. Cole, Secretary
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Rick Shaw, 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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