Dayton Planning Board

February 19, 2013

 

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

Town Employees: Jim Roberts (CEO), Jerry Taylor (Selectman)

Public: Paul Poirier

 

Administrative:

Minutes from January 15th, 2013 were read and approved. Dan Plourde motioned, Rand Clark seconded and all voted in favor.

 

Old Business:

TOAD ISLAND ROAD: Mr. Taylor said there is nothing conclusive yet regarding the status of Toad Island Road.  Through research he has found that there were some roads that were established and then there was no follow-through on names or location. He has followed some records back as far as 1954.

 

New Business:

PAUL POIRIER: Jim Roberts presented a letter and aerial photo from one of Paul Poirier’s abutters complaining about the storing of large trucks on Poirier’s land, which is in a residential zone. The neighbor’s letter cited concerns about noise, environmental impact from oil and fuel, impact to the road from the heavy vehicles, traffic, and the view.

 

Mr. Poirier noted that the 18-wheeler cited in the letter and seen in the aerial photo provided by the neighbor does not belong to him.

 

Remi Caron asked if there are any covenants in the subdivision plan regarding businesses. Mr. Poirier thought that he wasn't violating any covenants. Mr. Taylor asked the size of the lot (four acres) and if Mr. Poirier bought the house new (he is the third owner.)

 

Mr. Poirier said his business has grown and he now rents property in Saco to store some of his vehicles. He plans to store them in Saco until he finds suitable property in town along a state road.  He is asking permission to store his plow trucks at his home, as they need to be close at hand for providing service during snowstorms. Mr. Poirier holds the contracts for plowing the towns of Dayton and Lyman. He has seven or eight plow trucks which are seasonal only. They would be parked and dormant during the summer.

 

Rand Clark asked if the trucks are within the neighbor’s view. Mr. Poirier thought she could see them as well as the shop during winter, but not as much during the summer. Mr. Poirier has planted some evergreens for a buffer but the trucks are probably noticeable from the neighbor’s second story. He feels that the neighbor’s complaint stems from the noise of preparing trucks to go out on the road. He didn't realize that anyone near his property sleeps during the day, and would have stopped if someone had complained to him.

 

He explained that when the plows leave his property, they don't go past this neighbor’s house. They only pass her house when they plow the cul-de-sac. He does not feel that speed is a factor. His employees know to shut off the jake brakes when they enter his road and they slow down and are very careful around pedestrians. Strobe lights don't get turned on until the trucks leave the subdivision. His drivers come to his house to pick up the trucks. He felt they were being good neighbors.

 

Remi Caron asked if trucks could be parked at the salt shed, but Jim Roberts said that wasn't a safe place for unwatched vehicles. He also can't give permission for parking on town property. Remi Caron asked if there were other areas where the trucks could be parked. Rand Clark asked if there was a spot on the property where the trucks would be less visible.

Remi Caron noted that the Conditional Use Permit is to allow the plow trucks to park at Mr. Poirier’s home. He wondered if it would be as much of an issue if people realized that the plow trucks still need to be there. Mr. Poirier explained that the other trucks are not entirely gone yet; he rented the space in Saco in January and has been slowly moving the other vehicles. About a third of them are now moved.

 

Dan Plourde asked about the fueling of trucks: it is done at Deb’s Variety and has been for over a year.

 

Remi Caron asked if Mr. Poirier’s agreement to move vehicles other than plow trucks would satisfy the complaint. Jim Roberts suggested there should be a buffer.

 

Rand Clark asked if there is any oil that needs to be cleaned up. Jim Roberts wasn't aware of any. Mr. Poirier said there were no spills. Used waste oil (55 gallons or less) goes to Dayton Sand to be burned.

 

Rand Clark addressed the items of complaint in the neighbor’s letter. Mr. Poirier said the two-story garage has been there for five years. He noted that with the removal of other vehicles the noise level will go down. He does not feel there is excessive lighting; there is one light on the top of the shop and one motion light on the corner of the building. Other light concerns must be from the trucks. Vibration and fumes would be less with fewer vehicles on the property, likewise there would be less impact on the road. Rand Clark asked if the weight is excessive for the road. Jim Roberts noted that any road takes a beating; this may not be much more than any other road. 

 

Mr. Poirier noted also that as more vehicles are moved to Saco, there will be fewer employees coming in and fewer trucks going out.

 

Remi Caron suggested inviting the abutters in to talk through the request to store plow trucks. This would give Mr. Poirier an opportunity to explain how he is addressing concerns. Other concerns may be addressed through the covenants of the subdivision.

 

Rand Clark asked for the history of the business. Jim Roberts explained that at the beginning Mr. Poirier had three trucks and now the business has expanded. He is now considered a commercial business, not home business, because he has more than six employees.  He also noted that a decision would depend on the subdivision plan and whether there is a deed covenant or deed restrictions. If it is found that Mr. Poirier meets the town requirements, this would become a civil issue.

 

Another option would be to take the plow trucks off the property. Mr. Poirier explained that he has tried to buy land along Routes 5 and 35 but has not had any luck. Moving the plow trucks would reduce his ability to keep the roads clean in a timely manner because employees would have to go to Saco to pick up the trucks. His mechanic also operates one of the plows and with the current arrangement he is able to meet the trucks at the shop if repairs are needed during plowing.

 

Jim Roberts clarified that it is the number of employees that determines the level of business.

 

Remi Caron asked if the plowing is its own business entity; Mr. Poirier explained it falls under Paul Poirier Trucking. He has six plowing employees and a sub-contractor, who keeps his truck at his own place. He has been plowing Lyman for eight years and Dayton for 10 years. He has been on Kyle Drive for seven years. His dump truck business has grown but he does not foresee more plow trucks being added.

 

Jim Roberts noted there isn't anything that says this business is not permitted. It is not a home occupation business as it is not in the house but it is home based. It has expanded to a commercial operation due to the number of employees.

 

Mr. Poirier asked how his business differs from the Souliere's business. Jim Roberts explained that Mr. Soupier has fewer employees. It was noted also that Souliere has more buffers.

 

Remi Caron read from the zoning ordinance (Section 7.7) that home occupation businesses have no more than two persons employed from outside the family, and have to be within the principle building.

 

Mr. Poirier noted that his employees don't stay on his property other than the one that is dedicated to working there, and the others only report to pick up trucks.

 

Rand Clark asked if other neighbors have more buffering. Mr. Poirier noted that others look into an area behind the shop and he has had no issues with them. Mr. Poirier is willing to work with the neighbor who has made the complaints. He is open to discussion with the neighbors, as there are 10 homes on Kyle Drive and if more than one is unhappy he will need to do something different. He noted that one person in the cul-de-sac owns a 10 or 18-wheeler that is also parked in that subdivision. On Jim Roberts’ advice he met with all the neighbors when he bought the property and explained to all what he does and the nature of his business. At that time the business was much smaller and the abutters had no complaints. In a sense, the business is returning to a point that will be closer to what it was originally. He knows he has outgrown the dooryard: he already had plans in place when this complaint was filed.

 

The Board decided to set a public hearing date for March 19th at 7:00 PM at Town Hall.

 

The meeting adjourned at 8:00 PM. The next meeting will be the public hearing on March 19th, 7:00 PM to act on the Conditional Use Permit application filed by Paul Poirier.

 

 

 

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Valerie J. Cole, Secretary

 

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Remi Caron, 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.