Zoning revision limits outdoor sales

HOULTON – Potential entrepreneurs looking to open a business within a newly revised zone face different rules on where they can sell products as a result of a recent Town Council decision.

Councilors narrowly passed an ordinance change revising the zoning along Military Street between Spring Street and Cooks Brook at a meeting earlier this week.

The measure creates an R-3 (residential) transitional zone 300 feet on either side of Military Street. The area was originally a B-2 (business) zone.

The move effectively disallows new businesses in the zone from selling products outdoors, although businesses already doing so will be allowed to continue.

The council tied 3-3 on revising the ordinance, which code enforcement officer Wade Hanson said at the Monday night meeting was in line with the town’s comprehensive plan. The plan, completed in 2002, allows for future growth within the community.

Councilor John Fitzpatrick opposed the change, as did Councilors Gerald Adams and Phil Bernaiche. Councilors Kent Good, Paul Cleary and Michael Blanchard voted in favor of the change. Chairman Dale Flewelling broke the tie by casting an approving vote.

“I own a business in that area,” said Flewelling, who operates a transmission and auto repair service on Military Street. “But I think in keeping with the comprehensive plan and the recommendations of the planning board, I vote ‘yes.'”

In accordance with the town charter, the council chairman can break a tie, but is allowed to vote only in the affirmative, Town Attorney Dan Nelson confirmed recently.

Flewelling, who sells used cars on the lot at his business, said Friday that he supported the measure as a means to preserve business for future generations.

Hanson said that new businesses will need a variance from the subzoning board of appeals before occupying space in the modified zone. The revision does not affect the seasonal sale of such items as Christmas trees, Hanson said.

Some residents at the meeting spoke out against the measure, citing the historic nature of Bell’s Store on Military Street, which has been in the area since the 1930s, according to Houlton resident Peter Fitzpatrick Sr.

“Bell’s Store is in a transition period now,” Fitzpatrick told the council, “and it is closed. If they open up again, they’d never be able to sell anything outdoors again if this goes through.”

Fitzpatrick told councilors that lumber and other materials were once sold outside the store.

Hanson explained that if the store did reopen, it could be established as a retail sales environment.

“They wouldn’t be able to have outside sales,” Hanson said at the meeting. “But as a retail establishment containing their business within that structure, they would still be allowed to run the store.”

Fitzpatrick was joined in opposition by his son, Peter Fitzpatrick II, who echoed much of his father’s sentiments.

“I am against the zone change,” Fitzpatrick said, noting that he had read the comprehensive plan. “I don’t think [Flewelling] should have had to be the deciding factor in that vote.”