Boothbay Harbor Planning Board

Board continues talks on blasting, mobile food vending

Sat, 09/14/2019 - 8:00am

Boothbay Harbor’s planning board decided Sept. 11 to wait on passing blasting ordinance language onto selectmen. The matter would need selectmen’s review and a public hearing before reaching voters, but planning board members agreed the new ordinance would be better suited for the May 2020 annual town meeting than a special town meeting. This leaves more than enough time to comb through the language and set a hearing date.

Member Bill Hamblen said the town attorney suggested including some language dealing with times blasting ought not to be allowed due to noise. “My initial reaction was 'Well, that should be covered elsewhere in our codes.' I did a pretty careful search. It’s not.”

Hamblen said rather than having language in the blasting ordinance dealing with noise, the board should suggest language be applied to the noise ordinance and have a cross reference in the blasting ordinance.

The other question left hanging involved the application fee. Selectmen decide the fee schedule, but Selectman Denise Griffin spoke up from the audience asking for a recommendation. Members agreed on $50, tentatively; the amount matches many fees on the schedule.

Chair Tom Churchill summarized that the board should come back next meeting with language on noise and answers to how fines for noncompliance should be issued.

Mobile food vending

Code Enforcement Officer Geoff Smith updated the board on mobile food vending. He drafted some language which maintains current standards, that mobile food vending can only operate on private property. Smith clarified that this would apply in the Downtown Business and General Business districts and that “occasional operations” by nonprofits would be allowed.

Smith said a victualer's license would still be needed from the select board, permits would be needed through the planning board, applicants would still be subject to site plan review and the property must have the allotted area for that use.

“This is a work in progress … but I would say if ... some nonprofit from out of town comes in one day and sells, they would also be covered probably. If anyone kept on coming back every day, I would say they're not occasional use.”

Smith said food vendors with no visual indications of being a nonprofit would be questioned and likely asked to provide proof.

Applications

George and Judith Haynes, represented by Richard Greene of J&A Construction, got unanimous approval to expand a nonconforming structure. The plans are to expand the home to where the deck lies and add a new deck. Neither the roof pitch nor building height will change, Green explained.

Sarah Brewer got unanimous approval for her home business, Slice O'Country at 23 Highland Park Road.