Since David Stimson’s boatbuilding business was shut down earlier this month after being issued a notice of violation by the Town of Boothbay, there have been many questions on both sides of the issue as to how to resolve the dispute. 

Stimson has recently circulated a petition to gather support from local residents who feel he should be able to retain his boatbuilding business, despite the fact that Stimson’s base of operation is illegally situated in a residential area.   

The Town of Boothbay, notably Town Manager Jim Chaousis, and the interim Code Enforcement Officer Art Dunlap, maintain that Stimson is in clear violation of the zoning ordinances, and has encouraged him to reconsider signing a consent agreement. That agreement would allow Stimson to temporarily resume his boatbuilding operation while a resolution is worked out.  

Stimson opted out of signing the original consent agreement proposed by the town last spring because felt it did not provide him with adequate due process. Stimson said, “Our only choices were to sign the consent agreement, or be issued the notice of violation.” Instead Stimson hired an attorney Michael Kaplain, who has filed an application for the Board of Appeals.

Stimson and his son, Abraham, who works at Stimson Marine, attended the Boothbay selectmen meeting on September 24, and asked questions regarding the process of instigating an ordinance change. 

Chaousis identified three ways ordinances can be changed: through the board of selectmen at the annual town meeting; through the town planning board recommending changes to the zoning ordinances; or through a citizen’s petition.

Chaousis said “Essentially petitions are only necessary when the board of selectmen is not being receptive to the question.”

David Stimson grew up on Cape Cod, where he began working in boatyards in 1969 at the age of 15. More on the history of Stimson Marine

Stimson noted that he was in the process of getting signatures from supporters. 

“I just want to mention that (the petition) was no way intended to go around either the planning board or the selectmen,” he said. 

“It was more that I wanted to show that there was a lot of public support for allowing home-based businesses.”

Members of the Boothbay Planning Board were also present at the selectmen meeting. According to planning board members Jeanne Fuller, Nancy Cunningham, and Michael Pander, their intention is to conduct an overall review of the zoning ordinances in conjunction with the board of selectmen and local contractors to address concerns with the ordinances.  

“We have an ongoing list for the past couple years of the issues that we’ve had with things coming before us,” Fuller said. “The ordinances do a lot of restricting, unnecessarily perhaps, and those are the things we’ve been looking at.” 

As of September 25, Stimson said that he still plans to pursue the appeal process with his attorney. “One of the biggest sticking points right now is the difference of opinion of “principal use” and “principal occupation,” he said. 

Boothbay’s zoning ordinance states “the construction of boats as a principal occupation is a manufacturing use when determining where the use may be conducted.” (The act of manufacturing is prohibited in Boothbay’s residential district.)

Stimson has asserted that the principal use of the property is a residence, and the secondary use is the boat shop for boatbuilding and repair. 

“We believe that the ordinance was drafted that way to avoid a situation where somebody would come buy a piece of land, and plop a boat yard on it without actually living there,” Stimson said. 

Stimson believes that his boatbuilding history in the region could be considered grounds for grandfathered-in use. However, Stimson’s abutters think differently.

Ten years ago, John Kelley and his wife were looking to buy land and settle down on the River Road in Boothbay. A land surveyor from New Hampshire, Kelley was looking for a quiet place to build a home for retirement. 

“I’ve got ordinances going back to 2002, because when I bought this property, I watched every town meeting, every publication on zoning changes to make sure my rights here were not infringed upon to build,” Kelley said. “If there were noxious uses allowed next door to me, I probably wouldn’t have bought the property.” 

In 2002, Kelley purchased land that lies north of where Stimson now houses a 50-foot steel schooner. At the time, Stimson’s building did not exist. 

Kelley moved into his house in 2006.  He said there was nothing visible as far as work goes taking place at the site where Stimson builds and repairs boats. (Stimson’s boat yard is located on land currently owned by his parents the Guillards.) 

In 2010 Kelley started noticing a difference at the worksite when Stimson stationed the schooner Bagheera there to be refurbished. The large boat and workforce Stimson brought in for help on the project raised no suspicion to Kelley at the time, who was under the impression that Stimson was unemployed from Boothbay Harbor Shipyard.

“I didn’t know whether he lost his job, or he departed on his own terms,” Kelley said. “But he needed employment.” Kelley added that it was the first boat he had ever noticed Stimson work on. 

When asked about Stimson’s former employer Boothbay Harbor Shipyard president, Eric Graves said Stimson was “a great guy, who was very honest and hardworking, and a dedicated family man.” Graves said Stimson left the shipyard on his own accord. “Like most craftsman during a recession, it’s a norm in Maine for boatbuilders to seek part time work elsewhere.” 

In the fall of 2011, Kelley drove by Stimson’s work site and saw him pouring concrete in the ground.  He stopped and talked to David who said he had four projects lined up. 

“I went down to the town, thinking as a land surveyor, expecting to see some sort of review by the town,” Kelley said. “There was nothing in the folder except a building permit for a New England style barn.” 

Kelley maintains that he has never complained about any of the building activities going on there. He says his focus has been almost entirely on whether Stimson’s industry was permissible by the town’s zoning laws, because Stimson never went through the standard review process, a failure he maintains that falls onto the town. 

When asked about the potential of the ordinances being changed to allow Stimson’s business to remain in the residential area, Kelley said “I have no problem if the honest opinion of the residents think this should occur in a residential zone,” he said. “But the question that really needs to be asked is, would you want Boothbay Harbor Shipyard to move in next door to you tomorrow? Because that’s what you’re saying, if you pass that ordinance,” Kelley said. 

Since Stimson began work on the 50-foot steel schooner there have been a number of complaints from numerous sources citing excessive noise, noxious odors, and other environmental hazards. 

Boothbay Town Manager Jim Chaousis who acted as deputy code enforcement officer during the time of investigation said that Stimson could have probably built wood boats in that location and the town would have never noticed that it was for commercial use. “When he started to build a steel structure, that sticks out,” Chaousis said. 

“It becomes clear why it’s not an allowed use in that area.” Chaousis noted that he had been present on site when Stimson was in full production.  He said Stimson’s building is not an appropriate structure for such an operation. 

“He has a frame of a building incased in plastic with some ventilation fans,” Chaousis said. “It’s not mitigating the noise. It’s not knocking down the fumes, and I understand the view of the neighbors.” 

Chaousis has talked to the abutters who are complaining about Stimson’s process, adding that they don’t want to do anything to hurt his business. 

“They just want to know about their lifelong investment without having to tolerate the welding noise and fumes,” Chaousis said. 

On the issue of Stimson being granted grandfathered-in use, Kelley said, “The Supreme Court cases in Maine, are black and white.” Kelley stated the code enforcement instruction manual in Maine discourages the perpetuation of any grandfathered use.

Kelley specified that by examining the town folder, one could see clearly what Stimson used to build. “Most of them are basically rowboats.” Kelley said.  

“It’s been years since he’s done anything significant over there,” he said referring to Stimson’s previous site located across the street. “It’s a totally different business, and that business developed on the Cape, it developed at Boothbay Shipyard. It didn’t develop on this property.”

Chaousis still thinks that the best recourse for Stimson is to work out a consent agreement. “All the dealing we’ve had with Mr. Stimson has been civil,” he said. “Sometime it's a shame when it comes down to lawyer vs. lawyer, because if you ask Mr. Stimson, he would probably vouch for the fact that the town has been real easy to work with.”  

Stimson said, “The way we left it is that it looked like it was possible we could find a common ground.” Stimson said Chaousis wanted to draft up another proposal. “I just sent him an email asking if we could draft it together,” he said. “It’s much easier to work face to face.” 

Although the option to work out an agreement with the town still remains, Stimson must to file for an appeal due to the application deadline set for September 28. If he doesn’t, he will lose his opportunity for a hearing date. 

But until the hearing date arrives, both the Town of Boothbay and Stimson are up for discussion.