Camden Select Board member airs strong signage limitation opinion

Innkeeper’s proposed ordinance change slated for public hearing Aug. 12

Wed, 07/23/2014 - 10:15pm

Story Location:
6 High Street
Camden, ME 04843
United States

    CAMDEN — Planning Board Chairman Lowrie Sargent Tuesday night gave a 26-second "report" of the Planning Board's four-hour public hearing July 2 that resulted in a vote to endorse sending a proposed zoning ordinance amendment to the Camden Select Board for consideration of inclusion on the next town ballot.

    The fact that they voted, and that the vote was 4 to 1 in favor, was the extent of Lowrie's report.

    What followed was a unanimous vote to set a public hearing date for Aug. 12 at 6:30 p.m. to consider such a move, preceded by a 12 minute 45 second discussion of whether or not there was enough community support to warrant moving the proposed ordinance amendment further into the public realm. The majority of that discussion was taken up by at least one detail, or requirement, a select board member wanted included in the ordinance amendment language or as part of the zoning approval process.

    In July the planning board reversed its May 15 decision to nix the proposed ordinance change, which sought to allow innkeeper Kristi Bifulco to serve to dinner to her overnight guests at the 6 High St. location of her and her husband, Jesse's, Windward House inn.

    The split vote in May by Planning Board members Sargent and Jan McKinnon (supporting) and Richard Bernhard and John Scholz (opposing), with member Richard Householder absent, meant the amendment was defeated. In voicing his support of moving the issue on to voters, Sargent, at the July 2 public hearing, said the Bifulcos faced "quite a bit of hurdles" before the final result was known.

    Sargent also noted that even if the Select Board sent it on to the voters after Tuesday night's meeting, and if the Camden electorate approves, the process would still require that Bifulco takes an application to the Camden Zoning Board of Appeals for a special exception to current zoning. Additionally, Bifulco also needs a license from the state to make dinner for her guests.

    Nonetheless, the 4 to 1 Planning Board vote signaled a victory to Bifulco, who has been working since last winter to gain planning board approval for a zoning change that has earned much debate.

    Select Board member Leonard Lookner told the board Tuesday night that he attended "all of the hearings" and saw significant opposition to the zoning change.

    "In fact, there was no support from the business community, the innkeepers association or the residents," said Lookner. "As far as putting this before the voters, I suppose it should be a Democratic process if the planning board supported it.

    But Lookner then went on to say that he would like to see the suggested ordinance change ultimately include a prohibition on outside signage advertising the serving of meals, even to guests, potential or booked.

    "Her proposal also said they would be doing a vegan restaurant, and that could change to a lobster restaurant in three weeks. I would like to see, considering the amount of opposition, that there be a limitation of signage to avoid confusing people driving by and stopping to have dinner, when it's only being served to guests," said Lookner. "No public advertising on the street that they serve dinner. And maybe turn it back to the Planning Board to include a sign limit."

    Select Board member John French told Lookner that it was the Zoning Board of Approval's purview to create rules pertaining to signage, and such.

    "We are only setting up a public hearing," said French.

    "The ZBA could require it, but they don't have to, and I think it's the right thing to do. It's the least we can do for the opposition," said Lookner.

    Select Board member Jim Heard said he felt the issue should go to the voters and supported holding the public hearing.

    "I am not typically a person generally in favor of ordinance changes, but when we listen to young business people, and there are not as many young people here as we would like, you get the feeling maybe we should look at our ordinances in general to be able to accommodate kinds of things that seem to be appropriate in certain zones," said Heard. "I don't disagree with Leonard's suggestions, but I think the voters should decide."

    "What about the residents who have lived in this community for 50 or 70 years, and have lived under a certain expectation and somebody moves into this area two, three, four, five years ago. You're going to go and change the ordinance to accommodate that person?"

    Heard said his point is that the town should be flexible in its conversations about ordinances in general.

    "I am not arguing that, I am saying take a baby step rather than a big step. Let's at least put some kind of restriction on this," said Lookner. "What difference does it make to the proponent [Bifulco] whether there's a sign out there or not? She's only serving dinner to her guests, not serving dinner to people off the street. She has a FB page and all those kinds of things to say she serves to her guests, but just limit the signage."

    Select Board member Don White said he agreed with Lookner, that support in favor of Bifuco's request was not at all the hearings. But he did say that at the last hearing, there was a fair, if not even, number of people representing proponent and opponent viewpoints.

    White also said he "highly disagreed" with Lookner's statement that it wouldn't make a difference to Bifulco if there was signage or not. White said he thought such a prohibition would make a difference to her.

    "A lot of work has been done on this by the proponent and this is one that really needs to go to the voters," said White. "As for the town's zoning, it's a living document and we will make changes every year and it should be looked at when someone is asking for or requesting a review. They still have to go through more hoops and I think we should let the voters decide."

    Lookner then told White and Heard that it appeared that both had already "saying to send it this to the voters" and that it sounds like their "minds were made up."

    Heard and White, as well as the other board members who had not spoken about the issue, denied Lookner's claim and said that it was understood that the process was to next set a public hearing date to hear the community's feedback and wishes.

    As noted, the vote to set the public hearing date was unanimous and it was noted that anyone who wished to comment but who could not appear at the hearing, could submit written or emailed comments by Friday, Aug. 8 at noon.

    Related links:

    • Innkeeper's effort to serve overnight guests dinner back before Camden Planning Board

    • Camden board moves innkeeper's proposal to town leaders

    • Camden Planning Board nixes innkeeper's quest to serve dinner to guests


    Editorial Director Holly S. Edwards can be reached at hollyedwards@penbaypilot.com or 706-6655.