LIVERMORE FALLS – Planners told Wayne Parker Jr. on Wednesday night that his application for an adult-oriented store to sell and rent videos, books, magazines and accessories at 54 Depot St. was incomplete.
Therefore, it cannot be considered until it is complete. The earliest Parker can submit a complete application will be Sept. 1, at the next regular board meeting. The application will then be considered as a new application, Parker was told.
Parker submitted his original application to the board on July 7, but it was tabled because it appeared it was a matter for selectmen. Selectmen on Monday returned the issue to the planners, saying it was not in their jurisdiction.
On Monday, the Board of Selectmen voted 5-0 for a six-month moratorium on new applications for adult-related businesses. If townspeople approve it on Aug. 16, it will be retroactive to Aug. 3.
The Planning Board’s action Wednesday came after a 15-minute executive session, during which planners discussed a legal opinion that Town Manager Alan Gove received from attorney Frank M. Underkuffler of Farmington.
With the attorney’s advice, the board’s action will be relayed to Parker in writing, along with a list of the deficiencies the board found in his application.
The board also voted to establish the 30-day deadline in the Site Plan Review Ordinance from when the Planning Board finds the application to be complete, not from when it is received by the code enforcement officer.
The following information is needed to complete the application: A determination of whether Parker has any legal interest in the property, which is owned by his father; his proposed hours of operation; whether he plans to have viewing booths; clarification on his sketch of where his parking will be; and how many people could be accommodated.
Once the board accepts the application as complete, a public hearing will be scheduled, but it will not be on Sept. 1, planners stated.
Parker said the building, in addition to the proposed business, contains three apartments.
In other business, planners questioned the status of the former Parkview Nursing Home and considered ways to enlist public support in adopting land-use regulations.
The code enforcement officer, Brenda Medcoff, suggested that people are beginning to realize that some regulations are needed to protect their property values. Criteria need to be established for any business coming in, but it can only be done with public support.
“Where has the public been when we hold public hearings?” she asked. “They should be here to help us while we’re drafting ordinances, not wait for town meeting when they can’t make any changes. It would be nice to have more than 60 people at a town meeting, too,” she added.
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