Dayton Planning Board

August 21, 2012


Members Present: Remi Caron (Chair), Dan Plourde, Rand Clark, Valerie Cole (Alt)

Town Employees: Jim Roberts (CEO), Selectmen Ted Poirier and Jerry Taylor

Public: Millie Tuttle, Kathy and Ken Booker, Jordan Wessels (York County Fish and Game president)



Dan Plourde motioned to accept the minutes of July 17th, 2012. Valerie Cole seconded. All voted in favor.


New Business:

YORK COUNTY FISH AND GAME ASSOCIATION: Jim Roberts sent a certified letter, dated August 2, to York County Fish and Game stating his determination that they are in violation of Section 6.1 of the Dayton Zoning Ordinance; specifically due to the unauthorized and unpermitted expansion of their shooting range. Return receipt shows that the certified letter was picked up by YCFG on August 15th.


Jim asked Mr. Wessels, president of YCFG, if they have submitted an application for a Conditional Use Permit as requested in the letter. Mr. Wessels said they received it Wednesday, August 15th and gave it to their legal counsel, Kevin Grimes. Jim said he asked Kevin Grimes if representatives would be attending tonight's meeting. Mr. Wessels said that if needed, they will fill out an application. Jim said he feels they need to do so and if their attorney feels otherwise he has 30 days to appeal.


Jim Roberts felt there was nothing the Planning Board could act on tonight if there is no application filed. Remi Caron noted for the minutes that without a Conditional Use Permit application there is no business for the Planning Board to conduct. Mr. Wessels said he was unaware that tonight’s meeting was about the application; he said Mr. Grimes could not attend but he had advised Mr. Wessel to attend. Jim felt that based on his August 2nd letter, YCFG representatives should be aware that they were asked to attend in order to file an application.


Remi Caron repeated there was nothing the Planning Board could do tonight without the submission of a Conditional Use Permit application.


Mrs. Booker indicated that she has been frustrated in this matter for over six months. Remi Caron noted that resolving this was not the business of tonight’s Planning Board meeting. After an exchange of words with Mrs. Booker, Mr. Wessel left.


Selectman Taylor expressed support for Mrs. Booker. Jim Roberts pointed out that this is not the issue of the Planning Board: the purpose of tonight’s meeting is to determine whether or not the York County Fish and Game was prepared to file a Conditional Use Permit application. Mrs. Booker’s frustration is that she feels she can't enjoy her property because of the noise generated by the shooting range. Mr. Booker requested that when an application comes before the Planning Board, members look into all the parts of the issue.


Jim Roberts clarified that YCFG had received a certified letter and the Town had received the return receipt indicating delivery. Without an application though, the Planning Board can't act on anything. Jim received a call earlier in the day from George Sutton, member of YCFG, who said he would work on this issue and expressed an interest in working with the town for a resolution. Jim said the Town would be seeking a sound restriction on the activities.


Mr. Booker noted that the Town could put a stop to activities, as it has legally notified YCFG that they are in violation and have 30 days to correct the issue. Jim reminded everyone that it is important to follow legal process. He further explained that YCFG needs to finish a building so they will be shooting inside to minimize the sound, but they have not submitted the specs that Jim requested. There appears to be a struggle within the club, and there has been a lack of cooperation with the Town. He handed out aerial photos from May 2010 and May 2012 showing areas of tree removal, which leads to less buffering of sound. Proper permits were not obtained when the building was started and trees were removed. This constitutes an expansion of use without proper permitting. Expansion of use can also be expansion of ground area, and the cutting of trees fits this definition. Probably activity has increased significantly also, as membership has increased. Enclosing the building and putting up sound board will help minimize the noise issue that bothers the neighbors.


The Planning Board is awaiting further action by the York County Fish and Game Association.


Old Business:

DEARBORN PIT: Remi Caron asked the Selectmen if the Dearborn Pit matter is finished. They indicated that the new weight limit signs are up, and the tree trimming and shoulder work remains to be done.


The meeting adjourned at 7:22 PM. The next meeting is scheduled for September 4th at 7:00 PM.




Valerie J. Cole, Secretary



Remi Caron, Chair

COPIES TO: Jim Roberts, Code Enforcement Officer; Selectmen; and Tax Assessor