Boothbay Harbor selectmen held a workshop Feb. 20 to hash out details on east side proposals after receiving feedback during the public hearing and in correspondence since the hearing. 

Amid the discussion surrounding drive-through ATMs and parking lots, selectmen made a number of decisions ranging from building heights to boat storage to parking.

Citing a need for more information and study, the board decided to cut the proposed town-wide 35-foot height limit for buildings down to just the proposed Limited Commercial/Maritime and Working Waterfront Districts. Deciding that limiting residences to upper floors would be arbitrary and unenforceable, the board struck it. 

Members also removed three items from the proposed schedule of uses: banks and financial institutions and churches from the proposed Limited Commercial/Maritime District and yacht clubs from both proposed districts. And the board decided to remove parking facilities and parking lots as a primary use, but parking as an accessory use will remain.

The board agreed recreational boat storage buildings also should not be considered a functionally water-dependent use. 

“We would need to ask the townspeople to adopt that new definition and it is not related solely to the east side, so it would be a separate question,” said Chair Wendy Wolf.

After debating the merits of bringing the vote to the town meeting rather than to a ballot, town attorney John Cunningham told the board, "go for it," to put the question to a vote at town meeting.

Selectmen also discussed the idea of bringing up-to-date shoreland zone height measurements to the town meeting instead of a ballot question. However, Wolf asked why the town would need to vote on something the Department of Environmental Protection requires anyway.

Cunningham suggested the town should bring it to a vote because keeping the code as it is could cause DEP to deny applications.

“You can't change your ordinance other than by the legislative body ... If the town votes in favor of some of these ordinance changes, none of them become effective unless approved by the DEP,” said Cunningham. He added, the DEP can withhold approval due to the town's noncompliance with certain codes.

Wolf asked if this, too, should be brought to the town meeting or to a ballot vote. 

“I think it boils down to how you word the question,” said Town Manager Tom Woodin. “If you just say this is to comply with DEP standards, there aren't many more questions that you really have to ask.”

The board's consensus was to include the question on the ballot.

Code Enforcement Officer Geoff Smith will update the schedule of uses as Woodin works on a draft of the warrant, said Wolf. She added, Cunningham will look over the update to ensure it captures all the changes and that they all check out legally. 

The warrant and articles will be discussed at the Monday, Feb. 25 board meeting and will be voted on to make the March 4 deadline for printing and distributing of absentee ballots, Wolf said. 

Said Wolf, “Our intention is to get this ready so there can be a town-wide ballot election on Friday, May 3 on these proposed articles in the warrant. There will be a town meeting the next day and that's where we'll talk about the budget and the functionally water-dependent definition.”