Two versions of a warrant presenting east side zoning proposals were set before selectmen Feb. 25. Town Attorney John Cunningham and Town Manager Tom Woodin drafted the language which would bring the two-zone proposal to voters in May.

The first version of the warrant presented three articles: establishing a Limited Commercial/Maritime District and Working Waterfront District, both of which would feature new height limits of 35 feet; a provision to change code language to match the Department of Environmental Protection's method of structure height measurement in the shoreland zone; and a punctuation error requiring an amendment to definitions of "functional water dependent uses."

The second version of the warrant presented four articles essentially identical in language to articles in version one, only separating height limits into a separate article from article one.

“These are what we came away with from the workshop last week,” explained Cunningham. “What appears as version one is what we think may be the better way of doing it.”

Cunningham explained that he suggested version one because the original recommendation from the planning board to change building heights all over town was reduced by the selectmen to just the two new districts.

“You generally don't want to pick apart a proposal into all its constituent points and have the voters vote separately on each point because … what you end up getting is something that doesn't hold together the way it should. … It's a matter of picking apart the various sections of a proposal and having the public voting on them separately when they were conceived as a package.”

Planning Board Chair Bill Hamblen said while he cannot speak for his entire board, he felt they would likely choose version one and not support efforts to continue separating items from the original proposal. Hamblen also said he was appalled that the board chose not to carry forward a vote on town-wide height limits and could not recall a moment from recent hearings in which anyone suggested the town should not vote on the issue.

“… To ignore (the planning board's) recommendations is turning your back on all of that work … In my mind's eye, the Boothbay Harbor code is very clear that the planning board is to make recommendations on zoning, the select board is to formulate the warrant … I get very disturbed when formulation of a warrant kind of moves into making new zoning. I am just dead set against that …”

Selectman Russ Hoffman seconded Wendy Wolf's motion to reinstate the town-wide height change to the warrant which Cunningham said could be easily changed on the spot in its language. However, the vote failed 2-3 as selectmen Mike Tomko, Denise Griffin and Tricia Warren voted against on the position that the change would be sweeping and deserves more work and discussion.

A motion to adopt version one passed 4-1 with Tomko voting against, standing by earlier comments that lumping together two items which could be separated limits the voice of the voter. Land use changes which define the inner details of the proposals passed unanimously.

Applications and announcements

Mainelen LLC, represented by LeBlanc Associates, sought to rebuild and repair a 16' x 155' pier, 20' x 20' dogleg pier, 37' x 41' section at the north end of pier, and a 15' x 20' building at the south end of the pier. The application also requested approval for new changes/additions including a 10' x 72' continuation of east float string, three 8' x 40' finger floats, one 36' and one 30' gangway both widened from 3' to 6', a new 10' x 100' and 10' x 92' float string at the end of the pier, and a 6' x 50' gangway at the end of the pier. The location of the work is at 120 Commercial St.

The board unanimously approved an amended application which addressed previous navigation concerns. Selectmen also instated conditions, as suggested by the applicant, to install radar reflectors as well as light reflectors and low lighting at the ends of floats and that boats on the outside of outer floats will also have reflectors and lighting.

Warren made a statement concerning improper channels of communication with selectmen. Warren was addressing an issue in which her personal mobile number has been circulating without her consent and used in attempt to discuss town matters. “I, as do my fellow selectmen, have email specifically set up for town affairs. This was done in order to allow for transparency … If anyone does want to contact me, they can do it through the town website,” said Warren.

The board approved applications for liquor license renewals for Cap'n Fish's Cruises and Tugboat Inn.

Woodin announced Barney Baker Design Consultants will attend the March 25 select board meeting for an update on the Fish Pier and footbridge work. He also said nomination papers are due back to the town clerk by 4:30 p.m. Monday, March 4.

Financial Officer Julia Latter said the town’s revenue and expenses, year to date, total $5,884,569.67 and $5,782,411.32, respectively. The total accounts payable are $184,075.09 and the bank balance is $2,228,285.94. Second installments of taxes are due Thursday, March 7 and winter operations are at 44 percent.