Month: March 2021

Town Overrules Voters

The Town of Rockport has chosen to use your tax dollars to fight implementation of Article 3 and Article 4 from the 2020 Town Meeting. This overrules your votes to limit hotels to 20 rooms in the village and require the developer to provide a traffic, safety and parking study before approval.

The Town of Rockport overrules voters and their successful citizen initiatives by strictly applying the Maine statute limiting applicability of ordinance changes to 45 days. Despite voter intentions and a growing national wave of court rulings supporting voter rights in the unusual pandemic year, the Town decides to issue building permit to 20 Central Street LLC. You recall Article 3 (requiring developers to provide a parking/traffic/safety study before any new development). Article 4 limits each hotel property to 20 rooms to ensure the opportunity for competition and keep development appropriately scaled for the village.

What, you may ask, is at issue here and what overrules voters? The two voter initiatives apply retroactively under Maine 30-A M.R.S. §3007(6) allowing such provisions to look back 45 days. The Select Board chose to move the Town Meeting from June 9 to August 18. Thus allowing time to hold the vote safely in light of a global pandemic. The application before the planning board for 20 Central Street LLC was approved on May 21, 2020. This just days before the planned Town Meeting on June 9, 2020. The Town’s position is that pandemic, or not, they are applying the 45 day rule from August 18.

That decision overrules voters on these citizen initiatives and sets a dangerous precedent. Both the Maine Constitution and US Constitution guarantee voter’s rights to petition the government. A multitude of cases across the country have ruled that pandemic driven changes in dates cannot adversely impact voter rights. Yet, the Town of Rockport persists in their mission to move forward. Hypothetically, anytime the Select Board does not like your citizens’ initiative they can push the Town Meeting to avoid it.

The worst part is they are spending your tax dollars to fight this in court! So, you voted to implement changes in the Land Use Ordinance, and the town is spending your money to ensure they do not get applied as you intended. Does this bother you? Share your thoughts with Bill Post, Town Manager. He can push the Select Board to stop spending your money on this.

New Appeal Filed

Concerned residents have filed a new appeal to the Superior Court of Knox County seeking to remand the Planning Board approval of a proposed hotel in Rockport Village. Learn more here.

Friends of Rockport continues lending support to village residents seeking fair and full application of the Land Use Ordinance. These residents appealed the Zoning Board of Appeals confirmation of the Planning Board approval of the proposed hotel. At the same time, the residents filed a request for a temporary restraining order to halt construction during the appeal. The issues remain consistent: preservation of scenic views; traffic, safety and parking implications; light and noise pollution; and architectural compatibility with neighboring properties. The difference is that this appeal will be before an impartial judge, outside of the local politics of Rockport. The Land Use Ordinance and Comprehensive Plan are clear in these areas, and an impartial jurist should quickly and readily acknowledge these facts.

You already know how the developer has since changed the design from what was approved by the Planning Board. The open-air, top-floor event space, architectural design changes to the approved exterior, higher capacity lobby restaurant, and more warrant attention from the Code Enforcement Officer. So, how can you help? You can start by writing to the Town Manager, Bill Post, and the Code Enforcement Officer, Scott Bickford. Tell them you want the LUO enforced. Tell them that the changes from the approved site plan are unacceptable, and you want the plan sent back to the Planning Board. Then you can join us at Planning Board meetings to voice your views. This sliding photo comparison gives you some sense for the changes just in the front of the building.

Central St. view, Proposed HotelNow planned version of Central Street view

You can also show your support financially by donating to the Friends of Rockport. Learn how to do that here. You can donate by check or online with your credit or debit card. This is not an easy fight as the developer and the town very much want this hotel to happen as designed, regardless of the LUO or your opinion.