Damariscotta Planning Board member Bruce Garren signs Maine-ly Pawn owner Mark Hoffman’s conditional use permit application during the board’s site walk at the property Monday, June 14. (Maia Zewert photo)
After several months of discussions and meetings, the Damariscotta Planning Board has granted Maine-ly Pawn owner Mark Hoffman a conditional use permit for outdoor storage and display of merchandise.
With a vote of 3-0, the planning board approved Hoffman’s application after a site walk Monday, June 14. Planning board members Wilder Hunt and Stephen Cole were not present at the site walk.
The permit includes three provisions. Hoffman must plant 11 arborvitae trees, a type of evergreen tree, 6 feet apart inside an already standing split-rail fence. Once the trees are planted, a plywood fence at the site must be removed.
The plantings must be in place within 30 days of the June 13 site walk.
The provisions are only applicable to merchandise. Hoffman’s personal property does not require screening.
The board and Hoffman have been in talks since May 2015 regarding Hoffman’s storage of merchandise outside the store at 535 Main St. When the store was in its previous location at 441 Main St., Hoffman obtained a conditional use permit, however, the permit did not transfer when the store moved.
In August 2015, the planning board ruled Hoffman’s application for a conditional use permit to be incomplete due to a lack of a plan. The board’s decision following a spirited public hearing, during which abutters expressed displeasure about how Hoffman was displaying merchandise outside.
The board ruled Hoffman’s application incomplete a second time Sept. 14, saying Hoffman’s plan lacked measurements of property lines and the square footage of buildings, as well as a buffer or screen.
Hoffman appeared before the planning board Dec. 7 to present options for the screening of merchandise. Hoffman proposed either the construction of a 42-by-24-foot building, an 8-foot-high, 60-foot-long plywood fence, or a split-rail fence. The planning board asked Hoffman to choose one option and return to the board.
At the planning board’s March 7 meeting, Hoffman said he had decided to move forward with the split-rail fence option. Hoffman told the board he would also plant various flowers, perennials, and a weeping Japanese willow tree to provide proper screening.
The board told Hoffman his proposal did not meet the requirements of the town ordinances. Hoffman then decided to erect the 8-foot-high plywood fence.
After discussing the matter with town officials, Hoffman returned to the board in May with a site plan and screening plan, which would include a split-rail fence, trees, and other plants. The board tabled Hoffman’s application until June to allow Hoffman to meet with an expert to create a complete landscaping plan.
During the board’s June 6 meeting, Hoffman stood by his proposal and said the board could not enforce the ordinance just on him and not on everyone in the C-2 commercial zone.
“Does everyone else storing stuff outside have a permit? That’s my question.” Hoffman said.
After the June 6 meeting, Hoffman built the plywood fence and his son, Ryan, painted graffiti on the fence.
Damariscotta Town Planner Tony Dater, Damariscotta Code Enforcement Officer Stan Waltz, and Damariscotta Board of Selectmen Chair Robin Mayer joined the planning board and Hoffman, his wife Jennie, and Maine-ly Pawn employee Marcy Hatch at the site walk. Abutters, including Corrone Bryant, who lives across the street from Maine-ly Pawn, attended the walk as well.
Hoffman asked what would happen when the trees create a solid barrier, preventing the business from being seen. Damariscotta Planning Board Chairman Jonathan Eaton said Hoffman could return to the board and ask if he can trim the trees.
If Hoffman does not comply with the terms of the permit, the selectmen, on the advice of town attorney Jennifer Villeneuve, have authorized Town Manager Matt Lutkus to consult the Portland law firm Drummond Woodsum about filing a complaint in district court.
