By Wayne E. Rivet

Staff Writer

Stark Storage has seen the light, at least for now.

Following an executive session last week, the Bridgton Select Board unanimously agreed to pursue legal action against the storage company, which had disregarded a condition of approval by installing a commercial sign that uses “internal lighting” rather than the approved “external lighting.”

The Bridgton Planning Board on March 16, 2021 approved construction of the storage facility at 116 North High Street, across from Mountain Road, with some conditions attached including the use of external lights to illuminate the roadside sign.

The town put the brakes on seeking legal action Monday when Stark agreed to “remove the bulbs from the sign” within a few days, according to Code Enforcement Officer Brenda Day.

Stark, which is represented by Dustin Roma of DM Roma Consulting Engineers of Windham, plans to return to the Planning Board to request rescinding the lighting condition.

“They are past the timeframe to appeal the original Planning Board application approval,” Day said, “However, they would enter a new 30-day appeal timeframe with the amendment (request).”

The storage facility is owned by Keith Harnum of Salisbury, Mass., according to the Planning Board’s Findings of Fact and Conclusions of Law.

Roma spoke briefly to the Select Board last Tuesday after officials voted to seek legal remedy to the lighting issue. He noted the existing sign is identical to one at the Windham storage facility. Roma pointed out that the sign installed here is allowed in the Mixed-Use Corridor District, and the company objected to the Planning Board’s decision to require an externally lighted sign.

“The Board imposed this condition for approval of an externally lit sign in order to maintain the character of the wooded and natural dark corridor, and to not detract from nearby properties and the area. Currently, there are no internally lit signs on this Mixed-Use District corridor, and adding such was deemed intrusive,” according to the Planning Board’s Finding of Facts.

Planners also noted that the applicant, Stark Storage, had previously “voluntarily agreed” to use an externally lighted sign on Feb. 4, 2021 and “subsequently reversed that in an e-mail communication on Feb. 13 citing maintenance concerns.”

Planners “argued on Feb. 24 that maintenance could be largely avoided through certain design features such as how the lighting is mounted.”

Nearby business signs (Sportshaus and the new Pleasant Mountain Ski Resort) use external lighting.

“In this case, we are not understanding how any of our neighbors would be permitted to build the exact sign we put up. The only place prohibited for an internally lit sign is the village,” Roma said. “The only explanation we’ve been given from the Code Office is it’s because of the condition placed by the Planning Board. We understand those conditions were put on the plan, but we don’t feel the Planning Board has the ability to just single us out as one property owner and say you can’t have an internally lit sign. I just want to make you understand that we weren’t just doing this in complete defiance. We presented our case, and so far, no one has told us that we’re not meeting the ordinance. It was just simply a condition that the Planning Board put on that should never have been put on the plan. That’s how we’ve got to where we are.” 

Bridgton Town Manager Robert Peabody told Roma that Select Board members would not comment on his remarks due to pending litigation.

“Fair enough,” Roma resoponded.

Local developer Mark Lopez, however, chimed in on the matter. Noting he is very familiar with the application process since he too proposed to build a storage facility in the open field area adjacent to Sportshaus, Lopez said, “I had the same condition put on my plan. The sign had to be externally lit. Mr. Roma knows full well you have to meet the conditions; you can’t just say well we don’t want to do it because it’s not in your sign ordinance; that’s part of going through the process; you can negotiate with the Planning Board; they make some concessions.”

Lopez added that if Stark Storage didn’t like the Planning Board’s condition, “they had an avenue to appeal at that time, not to go in and put the sign in, ignore notification from the code officer, and then come here and say we didn’t do it because it’s not in the sign ordinance. They know better, if they didn’t like the conditions they should have come back with an appeal.”

In other Select Board business:

• DEP grant landed — Bridgton will receive $150,000 for a Wildwood Road project through the Maine Department of Environmental Protection’s Stream Crossing Grant Program.

The program provides grants that match local funding for the upgrade of culverts at stream crossings on municipal roads. Projects funded through this program will benefit public infrastructure and safety by replacing failing culverts that are at risk of complete washout or collapse; reduce flooding and increase resiliency with the installation or larger, higher capacity and longer-lived crossings, benefit fish and wildlife by opening and reconnecting stream habitat fragmented by undersized and impassable culverts, and represent a cost-effective and efficient investment based on planning, detail, and local matching funds committed to the project.

Funding for this round of grants includes $3 million from the Maine Jobs and Recovery Plan, with additional awards being made from previously-returned grant funds. The Maine Department of Environmental Protection (DEP) received 45 applications to review with a total over $6.5 million dollars in funding requests. Thirty-two stream crossing projects funded this round will result in new or improved upstream fish passage to 60 miles of stream habitat, and result in less flooding and improved resilience of local transportation infrastructure.

Bridgton had applied for the stream crossing improvement grant last year, but proved unsuccessful.

“We were high on list but didn’t make the cut,” Town Manager Bob Peabody said.

This time, Bridgton make the cut. Peabody noted the efforts by Executive Assistant Nikki Hodgkins, who headed up the application process and served as the point person, along with Public Services Director David Madsen, wastewater project engineer Brent Bridges and Jeff Stearns of the Woods Pond Association.

The Select Board voted to accept the award. The town will take matching funds of $105,000 out of Capital Projects Reserve, which had a $409,500 balance. Peabody said $44,000 will be taken from this account as part of crosswalk project funding.

“We don’t typically budget for grants not knowing whether we would get it or not, which is why we have reserve funds take advantage of opportunities such as this,” Peabody said. “The process doesn’t offer complete funding of a project. We recognize that area isn’t densely populated area but does impact Woods Pond.”

June 13 warrant articles will include: Amendments fire protection and life safety ordinance; Repeal ordinance of adoption of international building code one or two-person dwellings (replaced by new building code, adopted throughout Maine; code irrelevant and out dated now); and Repeal phosphate detergent ordinance.

Select Board members were asked whether they would include their recommendations to voters regarding the three articles.

Chair Carmen Lone said in past years when she didn’t know the background regarding some articles, she went with Select Board recommendations.

Board members voted unanimously to recommend passage of the articles.