Wiscasset couple heads back to appeals board over fireworks issue
In court and in Wiscasset’s appeal process, Thomas and Kathleen Bryant continue to fight fireworks storage in their neighborhood on JB’s Way. A Lincoln County Superior Court justice on Feb. 17 agreed to give the town and other defendants, as well as the Bryants, more time to file documents in the case.
The court order resets the timeline based on a second administrative appeal the Bryants are making to the Wiscasset Board of Appeals. The board is set to hear the appeal on March 19.
The new order extends the Bryants’ time to amend their court complaint. They now have 30 days after the board’s final decision; the town and co-defendants Allen Cohen, Melissa Cohen and Big Al’s Outlet would then have 21 days to respond to the complaint and to motions the Bryants have filed in the case.
The Bryants’ attorney Jonathan Pottle on Friday said the second appeal to the town is based largely on the same points as the first one, which resulted in the appeals board returning the matter to the Wiscasset Planning Board. The new appeal adds to those points with new ones that involve the planning board’s re-approval of Allen Cohen’s application, Pottle said.
The hope is for the second appeal to succeed, but carrying it out also helps prepare the court case that the couple will continue on with if the appeal loses, Pottle said.
The Bryants maintain that a storage building for fireworks doesn’t belong near their home or other people’s. On Jan. 12, they gave the planning board a petition of signatures they said came from 48 people who live or own property within a half-mile of the site where Allen Cohen sought to store fireworks.
The new appeal claims that the planning board did not consider new evidence about whether a standard on hazardous materials had been satisfied when it gave the project its second approval on Nov. 24, 2014. Board Chairman Ray Soule later stood by the panel’s handling of the proposal. The board did everything according the local ordinances, Soule said.
The board took a third vote in favor of the project on Jan. 12. Denying the application would be going against the ordinances, so the board had no choice, Soule said at the time.
Event Date
Address
United States