The Boothbay Harbor Planning Board Advisory Workgroup discussed movements forward considering information gleaned from the previous meeting,  at an afternoon session with the Department of Environmental Protection’s Bureau of Land Resources officer Colin Clark Feb. 28.

The “take-aways,” as workgroup and planning board chair Bill Hamblen put it, were that the DEP would accept a 25-foot setback from high tide providing the data and public opinion backs it, and that a zero-foot setback option in exchange for town-specified criteria would not fly. Additionally, the workgroup learned that supplemental guidance to a developer’s “greatest practical extent” is unconventional, but permissible so long as it meets or exceeds DEP standards. Hamblen also stressed that enforcing any amount of setback would not affect commercial fishing properties.

“The east side should consist of mixed uses – hotels, restaurants, shops, limited condos, marinas, water-dependent uses … and some level of public access, all developed at a density that is somewhat less than the west side in order to support visual and physical connectivity to the waterfront,” Hamblen read aloud from the meeting agenda and goals.

The workgroup turned to public comment on what the “vision” should be as the group moves forward with drafting recommendations for the planning board.

Joy to the Wind Gallery owner John Seitzer said while a new sidewalk on the harbor side of Atlantic Avenue would be fine, the existing sidewalk on the other side of the road is also important to him as it allows his patrons access to his business. Seitzer said he was also keen on the idea of giving retail shops the ability to open on the east side as he views it as necessary to the local economy.

Resident and Atlantic Ark Inn owner Donna Piggott said she considers the zone’s limitations to be a protection.

Said Piggott, “If you’d really like an honest answer, I feel like a lot of people came to the east side and made their homes there and their businesses there because they felt protected by the existing zoning laws … and to now be thinking that we’re trying to increase the heights of the buildings and to make all of the nonconforming structures conforming, throw out the maritime districting to mixed use ...,” Piggott trailed off.

“Well, let’s be clear,” said Hamblen. “We’re not throwing out maritime – it’s a permitted use in this district – we’re continuing it. Shoreland zoning will be continuing throughout this district. It’s not going away, we are adding new uses.”

Piggott said by allowing a property owner to tear down buildings and put up condominiums, there would never be incentive for a developer to later tear down the condos and build a maritime business. Hamblen asked if they should interpret Piggott’s opinion to be not changing anything about the east side of the harbor. Piggott said that was not the case and she simply feels the zoning should remain the same to continue providing the protections people rely on when they move to the area.

The group discussed the possibility of requiring view corridors based on lot frontage, but concluded that between front and side yard setbacks and the practicality of a view corridor smaller than 20 feet, they should begin looking at it from the other end and investigate what a practical corridor looks like and how many properties would reasonably be able to accommodate that. Likewise, maximum construction heights were volleyed back and forth and though there was some disagreement, the group did agree to await member Dan Bacon’s results on the heights of all buildings within the zone.

Lincoln County Planner and workgroup member Bob Faunce brought language before the board which would see impact fees of five percent for future common wall developments and commercial developments exceeding 4,000 square feet. This would enable the town to bank fee money and disperse it according to the needs of this zone. Member and Code Enforcement Officer Geoff Smith expressed concern that perhaps selectmen would not want this type of responsibility while member and Selectman Mike Tomko expressed concern over the legality of banking impact fees to be spent expressly in the same district.

“I think it’s double dipping,” an audience member said.

Group members liked the idea, though most preferred different flavors of it. Smith and member Tim Brown said they liked the idea of the money staying solely within the waterfront or going to the purchase of property while several members liked the idea of putting fees toward sidewalks. Bacon said he felt the fee was too steep depending on multi-family living density. 

“This is an enhancement one way or another,” Tomko told Bacon. “You’re not going to be stuck with the bill on this … You’re going to have the advantage of the five percent that just turns back into the property by providing access.”

When the discussion was opened back up to all talking points, Boothbay Region Ambulance Service Director Robbie Ham reminded the workgroup that safety factors must be considered.

Said Ham, “When you talk about nonconforming structures … I think you guys are talking about how they don’t fit land coverage standards – they don’t fit the safety standards either. Many of these structures are commercial, motel hotel units, they don’t have what’s required nowadays for proper access to provide emergency services … Even if you allow someone to build something new there, you’re going to get the new standards … There’s huge improvements in those areas to be made.”

The workgroup meets next at 7 p.m. Wednesday, March 7 in the town office.

The Feb. 28 meeting will be available online courtesy of Boothbay Region Television (BRTV). Tune in on Channel 1301.