Selectmen approved a new Route 27 parking ordinance April 15 designed to protect public health and welfare by banning parking from the northern section of Adams Pond Road to the southern section. A proposed parking ban emerged in March after selectmen received  multiple complaints about parked vehicles along both sides of Route 27. Residents complained about dangerous traffic conditions from motorists’ overflow parking to visit Boothbay Ice Palace and several food trucks.

Selectman Desiree Scorcia recused herself from voting. Scorcia is married to Lester Spear, who owns C.C. Snack Co. which operated the Boothbay Ice Palace and Trucks A-Go operation. Scorcia also requested Selectmen Chuck Cunningham and Dale Harmon recuse themselves. Cunningham’s wife Nancy operates a Route 27 farm stand on a portion of Route 27 under a currently unenforced parking ban. Harmon is a Boothbay Region Water District foreman. Selectmen requested Jon Ziegra, water district general manager, provide a written letter expressing how a proposed parking ban ordinance would protect the nearby Adams Pond watershed. 

Scorcia believed Cunningham had a conflict of interest and Harmon had an appearance of a conflict because his employer had weighed in on the proposal. Cunningham didn’t believe he had a conflict. “I don’t see how this impacts me,” he said. “There is already a parking ordinance and my wife has all the off-road parking she needs.” Harmon also disagreed his role as a selectman or water district employee presented a conflict. “I see no reason to recuse myself. How this vote goes has no impact on my life. If you feel I should recuse myself, I will,” he said.

Selectmen voted Scorcia had a conflict, but Harmon and Cunningham didn’t. The new ordinance will now be reviewed by the Maine Department of Transportation. Then the department supplies signage and municipalities are responsible for sign maintenance. The new ordinance impacts Spear the most. In past meetings, he clashed with town officials about what the actual Route 27 safety hazard is. Spear characterized high speeds, not parking, as the greatest public safety threat. He also described the new ordinance as being “selective enforcement.” He questioned why another Route 27 parking ordinance no longer had the required signage. “This is an inconsistent application of the law,” he said. Cunningham responded the previous Route 27 ordinance dealt with parking problems from the Boothbay Playhouse which is no longer in business. He also reported one sign remained. “It’s faded, and has a bullet hole,” Cunningham said. “Playhouse dates back nearly 30 years, it was a mess. There was no longer a problem after it closed.

According to Spear, the ongoing debate has hurt his business’s reputation. “There is a perception out there I did something wrong. Parking is allowed on Route 27, and I did nothing wrong,” he said. Lewis summarized the debate as one about public safety. “When your phone rings off the hook with complaints, and see it firsthand a few days later, you are compelled to do what you think is right,” Lewis said. “If something happened I would feel responsible if we didn’t take action.”

In other action, selectmen received four sealed bids for a tax-acquired property. Howie Carter of Boothbay Harbor bid $31,260, the high bid. Town Manager Dan Bryer described the vacant parcel as being just off Route 27 and about an acre in length.  Selectmen set a minimum $5,300 bid to recoup costs associated with the property. Selectmen held three public hearings for two liquor license renewals and two special amusement permits. Selectmen unanimously approved a Class I, II, III and IV liquor license and special amusement permit for Decksz, LLC. doing business as Lobsterman’s Wharf and a special amusement permit for Decksz, LLC. doing business as Ocean Point Marina. The board also approved a restaurant liquor license renewal and special amusement permit for Lori and Edwin Mitchell Jr’s. Boothbay Craft Brewery, Inc. 

Summer resident Eugene Molinelli of Manassas, Virginia spoke to selectmen during the public forum about his family’s victories in Maine Superior Court on past Boothbay Board of Appeals decisions. The Molinellis appealed two decisions made by the code enforcement officer in 2014 and 2017 regarding an easement dispute with his neighbors Peter and Kathryn Wagner of Cape Neddick. “The town’s legal representation provided inferior legal advise and the courts found clear errors of law and abuse of discretion. This cost our family money, and hurt our reputation in the community, and for example the Boothbay Register, our community paper had no reporting for our vindication in court. This is hurtful considering we are contributing members of the community,” he said. 

Selectmen meet next at 7 p.m. Wednesday, April 28 via Zoom conference.