By Wayne E. Rivet

Staff Writer

Destin Pinkham figured 721 Portland Road would be a good location for his cannabis caregiver retail store, considering most marijuana operations in Bridgton exist along that Route 302 corridor.

But, the proposed Higher Solution store is within 1,000 feet of Willis Park, which is designated as a “safe zone.”

Through a legal opinion, the Bridgton Planning Board informed Pinkham Tuesday night he will need to go to the Board of Appeals to seek a variance.

Pinkham submitted his application in September, and just over a week before it was scheduled for review by planners, he learned from Code Enforcement Officer Brenda Day that the storefront would fall in the “Drug Free Safe Zone.”

In a letter to the town, Pinkham raised the question whether Willis Park is even a park.

The law reads, “In order for a municipality to designate an area a safe zone, it must be an area frequented by minors and consipcuously marked using wording provided by the Commissioner of Public Safety.”

“Willis Park is notan area that’s frequented by minors, regardless if it’s considered a park or not. At the time of my application, there was no signage present at the location,” Pinkham wrote to the town. “In the town Safe Zone Ordinance, it states the town had found that Willis Park is frequented by minors. I was unable to find any finding of facts to support that statement.”

Pinkham noted that following the Oct. 4 Planning Board meeting, at which time this issue came to the forefront, a sign — “Willis Park, Safe Zone, Drug Free” — was posted at Willis Park.

“It still does not comply with the state law, as it’s not worded correctly,” Pinkham wrote. “When I noticed the sign was added, I checked to see if the town had cleaned up any of the dumped trash on the location, which was not picked up. This goes to show the only reason the sign was added and taxpayer dollars were spent was to attempt to stop our business from operating.”

Pinkham, a lifelong Bridgton resident, also noted that the Comprehensive Plan lists fivetown parks. Willis Park, he said, is “not actually denoted as a park, just town-owned land.” He concluded that Willis Park has no trails or amenities “to be considered a park.”

Town attorney Aga Dixon of Drummond Woodsum noted that “because the proposed medical marijuana retail store is located within 1,000 feet of the lot line of Willis Park — a designated safe zone and thus a “sensitive use” pursuant to the Land Use Code — the proposal does not meet the setback requirement. Dixon added that the Planning Board’s waiver authority “is limited” and “should not be applied here.”

Thus, planners instructed Pinkham to seek a setback variance from the Board of Appeals.

Planners tabled action on Pinkham’s application. When Pinkham asked board members whether they had any other “red flags” regarding his proposal, Planner Rolf Madsen felt Higher Solutions “is consistent with what we’ve seen from other places in that area.” Madsen suggested to Pinkham take a close look at conditions that warrant a variance before meeting the Appeals Board.

“Thank you for putting forth and understanding demeanor,” Planning Board chairwoman Deb Brusini told Pinkham. 

In other meeting action:

• Mountain Road parking woes solved. Every winter, several vehicles either are ticketed or towed due to illegal parking next to the ski resort.

To address the problem, Shawnee Peak Holdings plans to construct a parking area on 2.2 acres off Route 302/Mountain Road — presently the open field space adjacent to Sportshaus.

Jim Seymour of Sebago Technics outlined the plan for 259 parking spaces on a gravel surfaces, along with eight handicap spaces as well as an oval, paved pick-up area for shuttle service to Pleasant Mountain.

Seymour noted that the project’s stormwater plan is before Maine DEP.

The lot will include a chain to prevent access during off-hours. The board discussed whether to side with a gate or a chain with PB member Dan Harden suggesting a chain, which is easier to maneuver during snow plowing.

Brusini noted abutters requested “warm” lighting (yellow) be used rather than white. Seymour said the LED lighting can be programmed to lessen the tone at desired times. Planners asked that the tone be reduced an hour after the resort closes or a special event concludes.

Brusini gave high marks to adjustments made in the landscaping plan to provide a natural buffer between the lot and several abutters. Planners asked for signage regarding handicap spaces, as well as no overnight parking permitted. There was a brief discussion regarding buses idling in the lot, so a sign will be installed encouraging minimizing idling.

Another concern was keeping an existing snowmobile trail. Seymour said another part of the field would be used for the trail.

• New health club coming. Thinking it is time to get into better physical shape or looking for a place to work out? Sole*Ful Health Club could be your answer.

Planners voted 5-0 to approve the health club, which will be located at 5 Sustainable Way, adjacent to Lakes Luxury Spa. Sole*Ful will be equipped with state-of-the-art fitness equipment, as well as air filtration system. The club will feature over 30 brand new exercise equipment, including cardio pieces that have leading edge touch screen consoles with interactive exercise programs. Hours of operation will be from 5 a.m. to 9 p.m., seven days a week.

“Our mission is to help bring more health and wellness to the community,” said owner Justin McIver. “Memberships will provide clients with a welcoming, safe, calm and clean space to confidently improve their everyday strength, conditioning and flexibility.”

• Hearing on condo plan. Planners heard particulars regarding a proposed Mountain Road condo project. Since they received a letter from an abutter objecting to the proposal, planners decided to schedule a public hearing. The hearing is set for Tuesday, Nov. 15 at 6:30 p.m.