News

Stop-Work order infuriates developer
Former CEO says OK to move in, new CEO says no
By Elizabeth Prata

New Gloucester-When the Village Store closed in 2001, a great groan radiated from the hearts of those in New Gloucester who had known and loved the century-old shop. Opened in 1890 as part of the Farmer's union grange, it soon became a community center where farmers, residents, and passers-by gathered to hear and pass on local news, bask in local hospitality, or just rest a bit. It served as a place for horses to eat, for vehicles to fuel, and in later years, as a place to grab a sandwich on the way to or from work.

Mike Brady owns 30 properties throughout New Gloucester, including the Penny Road Store on Rt. 231 near Pineland. He decided to buy the Village Store, rehabilitate it, and reopen it as the local hearth it always was.
That decision was just the beginning of Brady's travails.

Brady's reputation, some say deserved and others say not, is not the most excellent. "I'm a landlord, and nobody likes a landlord," Brady said. "But I've done everything at or above code in this place." The current Code Enforcement Officer (CEO) agrees.

Brady's development of the store has galvanized the neighborhood, caused a 'stop-work order,' nearly brought about a lawsuit, and caused both the CEO and the Planning Board to take another look at Town ordinances and jurisdictional interpretation. Not to mention the threat in town office and call to the police.

For a while, everybody was frustrated. Throughout 2002, Brady was rehabbing the store, under the eye of the then-Code Enforcement Officer, Bill Parquette. While that was going on, the neighbors were meeting at their houses. They raised concerns about the store, and whether its reconstruction was consistent with the Historic Overlay Zone The HO Zone governs properties that are on the National Register within the zone, but only suggests standards for those properties that are not. The Store is not on the National Register.

A prospective tenant approached Brady and asked if she could put a hair salon in the space adjacent to the store. Brady said yes. The hair salon applicant - not Brady- submitted plans to the Planning Board for a store, hair salon, and upstairs apartment. It was approved on March 20, 2001.Right, Mike Brady at the Brady Village Store, with the paperwork he says authorizes him to open and operate his store.

Meanwhile, the neighbors were meeting in their living rooms around town. They took notes. They agreed to hire a person expert in land use law. They elected a Treasurer. They sought a person to serve as a General Event Coordinator. They hired a marketing and public relations individual to issue press releases to the local paper. They agreed to attend any Planning Board meeting in which the Village Store property was on the agenda.

Bonnie Waybright lives less than a mile from the store. "Personally, I live 0.7 mile from the village center and was concerned when I saw gas pumps sitting along side the building for many weeks. The concern was there is no room to have a gas pumps there; there is barely room to pull on and off the road safely to shop in the store. 231 is a busy road and the store is at a dangerous intersection where cars travel much too fast. Personally I don't like the bright lights or Pepsi machine."

During the rehab, Brady was asked to shield his lights and move the Pepsi machine. He did.

During 2001-2002, Brady and the CEO Bill Parquette worked together. The store was nearing completion despite the issues around lighting and the neighborhood concerns with historic integrity, which were resolved.

Parquette signed an occupancy permit on September 5, 2003 for a "Variety store, commercial rental tenant, apartment, and office." It was the office use that started the uproar. And Parquette retired on September 16. CEO Debby Parks has replaced him.

"The office was not one of the uses that was approved by the Planning Board," Parks said. "So I issued a stop-work order on January 16 (2004)."
Brady was livid. "I had a valid occupancy permit and they went and changed the rules in the middle of the game. I am not going to stand for this," he said. "I'm fighting it."

Brady ignored the order and opened the store, saying "I'm not working. The store is done."

Parks said that, "'Office' is listed on the permit and is not a permitted use, which may or may not invalidate the permit because the CEO had no authority to override the Planning Board."

However, Planning Board Chair Jean Libby said that "The whole interpretation of the ordinance goes to the CEO. If he or she says it needs Planning Board review then it comes before us."

Parks said that the 'Office' was an "extra use, which creates a new package," hence the order to come before the Planning Board- again. Brady balked.

"He thinks that is unfair," Parks said. "He thinks he was not treated fairly during his process with the Penny Road store and that he won't be treated fairly on this one."

Libby said that she could not comment on any prospective applicant. "As Planning Board Chair it wouldn't be fair to the applicant to speak beforehand," Libby said. "Plus the Right to Know law is involved."

"If they wanted to review the upstairs, they needed to tell me," Brady said. "The application that the Planning Board approved was for the downstairs. I thought I was all set when Bill signed the occupancy permit. If the new CEO is going to reconsider past CEO decisions then I hope that she reviews all of them, otherwise it would be reverse discrimination," Brady said. "They even questioned the validity of the Occupancy Permit."

Brady, calmer now, admits that when the stop-work order was issued he was furious. He spoke with the CEO and the Planner in Town Offices. He even threatened to strangle the Planner. Planner James Isaccson did not appreciate the threat, although he refused to talk about it. "I'd rather keep the discussion on land use issues," he said.

After many calls to the Town Attorney, Parks said she is comfortable with the action she took. Admittedly, things have calmed down now. The stop-work order had been amended so that Brady can conduct business while the issues are being worked out. He agreed to come before the Planning Board so seek approval of the office use upstairs.

Brady says that part of the problem is a loose ordinance that allows for wide interpretations. Hs pointed to a section that states that any animal husbandry in the zone "must adhere to standards contained herein."

Brady said that there are no standards herein. "You can't find any. There are none." He went to town hall and obtained a permit so he could breed 100 chickens, 2 roosters and three pigs behind the store. It was denied. "It makes a point." Brady said.