An appeal filed by a couple working to open a beer garden and restaurant on lower Main Street was dismissed by the Zoning Board of Appeals this week.
On the advice of the attorney representing the town’s code enforcement officer, the board agreed Monday the appeal should be dismissed because there was legally nothing for them to act on based on the board’s jurisdiction.
“There is no existing notice or appealable act,” said Zachary B. Brandwein of Bernstein Shur in Portland.
Roxanne Poulin and Sam Flinkstrom, who have been working for almost a year to open the Happy Valley Wine and Beer Garden, filed the appeal on June 20, contesting alleged violations brought against them by the town and a stop work order issued by the town.
According to Brandwein, the board did not have anything to act on because the town has already withdrawn the notice of violation “so this hearing is not the right forum to hear these issues.”
In June, the Zoning Board of Appeals agreed that Code Enforcement Officer Jenifer McCabe had acted appropriately last August in issuing a stop work order, but that the building permit should have been deferred, not denied, by the town. Thus, the couple could reapply to the code enforcement office for a permit.
Later last month, the Planning Board waived the required off-street parking for restaurants, and voted the first stage of the application complete.
A public hearing for the project and a final presentation to the Planning Board is scheduled for 7 p.m. Wednesday, July 19.
“Everyone is hoping that will provide you with some certainty. Fingers crossed,” appeals board Chair James Mundy told Poulin and Flinkstrom. “The messaging from the town seems to be we are happy with what you are doing.”
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