Category: Select Board

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.

Notice the new deck?

The developer’s disregard for the Rockport Land Use Ordinance is on full display with the new deck added to the back of the Shepherd Block.

Yes, the Friends of Rockport truly is dedicated to the preservation and improvement of the historic character of Rockport, Maine. The sudden appearance of this new deck attached to the historic Shepherd Block building is a fine case in point. As the citizens’ appeal of the Planning Board approval for the massive proposed hotel at 20 Central Street notes, the adjacent properties (Shepherd Block included) are not covered in porches and decks from top to bottom. Indeed, the Shepherd Block, had no appurtenances and only one light on the rear elevation … until they started digging up the neighboring lot for their hotel. It represents a disturbing trend by the developer who’s disregard for the Rockport Land Use Ordinance (LUO) has now moved from the proposed hotel to the Shepherd Block.

One might wonder why there has been no Planning Board review of this new deck. Indeed, section 1303 of the LUO calls for a Site Plan review in several circumstances, including “The construction or expansion of buildings, including accessory buildings and structures, for commercial use by a total floor area of 1,000 sq. ft. or more.” Does that seem greater than 1,000 square feet? Maybe not, but with the bathroom conversion into restaurant space and annexing the adjacent office space for tables? The LUO also calls for Site Plan review for “Revisions to an existing Site Plan seeking an amendment to that previously approved Site Plan.” Leucadia followed the ordinance and submitted a Site Plan when renovating the Shepherd Block, why would this developer not seek an amendment as required? It definitely changes the character of the building. The LUO also calls for Site Plan review when “Any change of use in which the intensity of use – as reflected in traffic generated, impacts on municipal services, the environment and surrounding neighborhood – will differ in a substantial way from that of the preceding use.” (emphasis added) Will this new deck and the restaurant tables on it not cause additional traffic and parking issues? In bypassing the Site Plan process, this developer evaded that discussion and exacerbates the already untenable parking situation in the harbor area and reinforces the pattern of disregard for the town’s rules.

Where was the Planning Board on this? How about the Select Board?

Voice your opinion on this now with both Town Manager, Bill Post and Director of Planning & Community Development, Bill Najpauer. You may also want to mention it in respect to the already controversial hotel proposal. Indeed, make your letter multipurpose, covering the hotel issues outlined on the Appeal page and this new twist. We also encourage you to participate in the appeal via livestream on November 17, 2020 at 6:00PM Eastern Time.

Select Board’s New Parking Lot

Do you want the Select Board to use your money to fund a new parking lot, looming above Rockport harbor, just steps away from the proposed hotel?

You may not have noticed, but the Town and Select Board are now considering constructing a new parking lot adjacent to the sewer pump station along Main Street in Rockport village. Conveniently located for the new hotel, the proposed new parking lot will contain 17 or 28 spaces and loom over our scenic harbor with new retaining walls akin to those behind the opera house. The preliminary design was created by the town retained Gartley & Dorsey Engineering & Surveying (that’s right, the hotel developer’s engineering firm).

You should exercise your right to comment on this new initiative now. The Select Board is discussing the proposed designs on Monday, September 28, at 5:30PM. You can participate via the livestream here http://livestream.com/Rockportmaine and comment during the discussion of the proposed parking. We encourage all to share your thoughts in advance of the meeting, too. Address your comments for the meeting to the Rockport Select Board and email to town manager Bill Post before 3PM on Monday, September 28.

Do you think it is incumbent upon the taxpayers to deliver parking for the new hotel? Do you think a new retaining wall and parking lot hanging above the Goose River will enhance the beauty of Rockport’s harbor? If not, log on to the meeting and share your thoughts.

Learn more in the PenBay Pilot article and send your comments now.