Dayton Planning Board

April 23, 2013

Site Walk - Paul Poirier Residence, 45 Kyle Drive


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

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

Public: Paul Poirier, Jodi Poirier, Jarilyn Shuffleburg, Michelle Thomas, Maurice Dubois, Michael Opuda, John Boissoneault, John Butt, Justin Lord, Scott Johnson


Remi Caron started the site walk at 6:40 PM. Paul Poirier led people around the back of his property, showing vehicles, equipment, and storage. At the time of the site walk there were five plow trucks, several utility trailers, an excavator and smaller equipment, a dump truck, detached plow blades, an unregistered Oshkosh truck, several pieces of equipment related to snow removal such as sanders, and a trailer body set into the ground that is used to store small equipment and new pails of oil. Paul Poirier pointed out a spill kit stored in the trailer. There were also two fuel tanks, one of which has not been used. DEP has asked Mr. Poirier to remove them from the property.


Mr. Poirier pointed out a string over the property line he shares with abutters on Brookside Drive. The plows sit very close to this line. The abutters' house was not visible.


Mr. Poirier explained that the Oshkosh truck is unregistered, but is fully functional. No drips from oil or other fluids were noticeable under it.


Currently there are five plow trucks on the property; Mr. Poirier has eight trucks that would be stored here during the summer. He has 15-16 employees who work at snow removal, although not all work out of this location.


Evergreens have been planted between the yard and Ms. Thomas' house in an effort to screen the view, but they have not reached sufficient height yet. Ms. Thomas and Mr. Butt can still see the yard from their window, and claim that even when other trees are leafed out, they don't provide much cover. They are concerned about the possible effect the view has on the value of their property. They are also concerned about lights and beeping noises when the trucks back up. In their opinion this is a commercial operation, although Mr. Poirier maintains that it is a home-based business.


Several suggestions were made during the course of the site walk:

        • Install a screen-type fence to limit views from neighbors' houses

        • Consolidate equipment so that it is not spread throughout the yard

        • Plant taller trees- Mr. Poirier has inquired about buying over-grown Christmas trees, which would be      10-12 feet tall

        • Turn trucks around during the day so that the back-up beeping does not disturb residents’ sleep

        • Issue a Conditional Use Permit for five years, with the provision that it be reviewed at the end of

that period


The site walk ended at 7:00 PM. The regular Planning Board meeting started at 7:10 PM at Town Hall.


Remi Caron presented a letter submitted by the Wrights, abutters on Brookside Drive, who were unable to attend the site walk. They strongly oppose the granting of a Conditional Use Permit, as they feel Paul Poirier is using his property for industrial use at the expense of his neighbors’ property values and quality of life. They would like to see junk vehicles removed and have trees replanted, citing Zoning Ordinance Sections 6.4 and 6.7 regarding buffers and landscaping.


Paul Poirier said he removed trees approximately two years ago to increase his parking area. He does not feel that replanting trees makes much sense, as there are several hundred feet of wooded area between his yard and the Wrights’. He would rather invest money in landscaping between his yard and the neighbors on either side. He would be willing to consolidate equipment so it covers less area.


Both Mr. Butt and Mr. Poirier thought that a five-year limit for a Conditional Use Permit would be fair. Ms. Thomas questioned what equipment would remain on the property, as she was under the impression that only plow trucks would be there. Paul Poirier explained that the excavator may come and go, as it does not need to be there all the time. It is used as a crane to pick the sanders out of the trucks.


Rand Clark commented on the Wrights’ letter with its references to the Zoning Ordinance, noting that the ordinance says that fences and walls may be used in combination with landscaping. Mr. Poirier said he would stagger trees to maximize the screening potential, and would plant them in a berm so as not to lose any of the height of the root ball. He is willing to consult with the neighbors as to where the trees should be planted. Mr. Butt is agreeable to this plan.


Remi Caron suggested that this would be a good buffer with the property line that Poirier shares with Parenteau also, as they can see behind Poirier’s shop. Rand Clark would like the motion to say that trees would be planted with the input from the abutters. Mr. Poirier is agreeable to this.


Dan Plourde motioned to grant a Conditional Use Permit with the following conditions:

1. This Conditional Use Permit is good for five years, at which point it will come before the Planning Board for review

2. Mr. Poirier will install a landscape and/or screening buffer, mostly with evergreens, on all sides of his property, to limit the view from neighbors’ properties. This will be installed with the input of the abutters (Butt and Thomas, Parenteau, Wright added after further discussion)


Remi Caron suggested that there should be a condition specific to town plow vehicles. 


3. Storage of vehicles is limited to plow trucks during the summer and the use of plow trucks during winter storm season. No other commercial vehicles are permitted, unless directly related to maintenance or upkeep of plow trucks. The exception would be Paul Poirier’s personal vehicles.


A resident asked if this could be reviewed every six to twelve months to ensure that the conditions are met.


4. An inspection will be conducted by the CEO on an annual basis.


Another resident asked what would happen if the abutters at the rear wished to clear their property; would they not have a landscape buffer? Should there be screening installed where the detached plows are against the property line? Rand Clark read Section 6.7 again and Jim Roberts reminded everyone that this is still commercial use. Dan Plourde asked if fencing behind the plows would do. This is an option if landscaping isn't feasible. After further discussion, the Wrights’ name was added to Condition 2.


In regard to a time frame for resolution, Paul Poirier thought that installing a fence along the back property line would not take long. Remi Caron suggested September 1st as a deadline to have buffers installed, but Jim Roberts noted that it is important to dig trees at the correct time of year so that they survive transplanting. A time frame of December 1 was determined as reasonable.


5. All buffers shall be established by December 1, 2013.


Dan Plourde motioned to accept the conditions as written, Rand Clark seconded, all voted in favor.

New Business:


This appears to be courtesy submission of information from Biddeford Planning Board, and it was decided to pass this along to the Selectmen.  No further action was taken.



John Boissoneault expressed interest in becoming a Planning Board member. He was advised to download an application from the town web site and submit it to the Selectmen.


The February 19, 2013 minutes were read and approved. Dan Plourde motioned, Rand Clark seconded, all voted in favor.


The April 9, 2013 public hearing minutes were read and approved. Dan Plourde motioned, Rand Clark seconded, all voted in favor.


The meeting adjourned at 7:55 PM. The next meeting will be Tuesday, May 21, 7:00 PM at Town Hall.




Valerie J. Cole, Secretary



Remi Caron, Chair

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