Boothbay Harbor Planning Board Chair Bill Hamblen presented his board’s recommendations for two zones on Atlantic Avenue Jan. 14. Then, MRLD Landscape Architecture + Urbanism’s Mitchell Rasor presented his peer review of the recommendations and the 15-month process the proposals have undergone.

Hamblen recapped the 26 meetings that yielded 1,000 pages of minutes, reports, drafts and emails and involved countless hours of research and protocol.

The end product proposes a limited commercial/maritime district and a working waterfront district, a town-wide increase of building height to 35 feet (or two-and-a-half stories), and a recommendation for selectmen to increase permitting fees as they see fit.

Said Hamblen, “I happen to think the result is a well-vetted, balanced plan that addresses both the enhanced economic development that was the initial motivation for undertaking this task and the protection of our working waterfront and culture of the town …”

Rasor’s review centered around selectmen’s questions which asked if appropriate planning practices were used, if the final product is consistent with the town's 2015 comprehensive plan, identification of any significant unintended outcomes or loopholes, and any criteria the proposals may be missing.

Rasor  has reviewed the comprehensive plan, the 2018 economic development master plan, land use codes, the proposed revisions to codes and schedule of uses, zoning and waterfront policies from other coastal communities and patterns of development in other zones close to the proposed.

He found the planning practices appropriate; but he cautioned about potential pedestrian and vehicular congestion due to increased development and an urge to avoid parking lots as primary uses. The review notes that while 20-foot view corridors will be required in the limited commercial/maritime district,  no provisions creating opportunities for public access and preservation of access. The review also asks if there are any considerations for putting covenants in place for existing cultural resources such as the Fisherman's Memorial or other resources “adding to the local character.”

The review asks the town to reconsider permitting specific uses of churches and banks as well as parking lots in the limited commercial/maritime district and yacht clubs in the working waterfront district.

“We just think there are other places in town where churches would be a better ideal use than a waterfront area which is very constrictive and a tight area. Banks, especially with drivethrus, are just probably not an appropriate use in this area,” said Rasor. “It's not hard to envision a working waterfront site … could be purchased and developed as a private yacht club, and that would in effect displace that working waterfront use.”

The review maintains the proposed districts are inconsistent with the comprehensive plan. Rasor explained there is an increased potential for uses like housing, restaurants and hotels to take over marine-related uses and “potentially exacerbate incompatibilities.”

“… While the comp plan notes the complimentary and competitive nature of the waterfront uses, the plan in general calls for increased protections of waterfront-dependent uses and the maintenance of the existing maritime water dependent district,” Rasor said. “There are no calls to reduce those restrictions or protections from a policy perspective, but the new zoning reduces protections and heightens competition between water-dependent uses and other uses that are currently not permitted.”

Chair Wendy Wolf said that while the board will have some serious thinking to do about the peer review findings, she has reached out to the town attorney with the review.

“I think you presented justifications through the language of our comp plan. I will say that our town attorney … still feels very much that the two-district plan is consistent with the comp plan and feels it does build in some additional protections for the working waterfront … There is a variety of opinion about the comp plan and our town attorney feels fairly confident that when we hand in them the final plan to look at, that if there was a legal challenge about consistency, he felt that we would be in a very good position to survive a legal challenge given his interpretation of the plan.”

Selectmen will discuss Hamblen’s presentation and Rasor’s review at 7 p.m. Monday, Jan. 28 in the meeting room at the town office.

Other business

Maine Department of Transportation’s Doug Coombs spoke on a future project for nearly a quarter mile of closed drainage on Atlantic Avenue. The scope will include replacing catch basins and drainage pipes in two areas and reconstructing the disturbed portions of sidewalk.

Including preliminary engineering, acquiring right of way, and construction, the estimated cost is $460,000. The work will be in-kind, at no cost to the town, explained Coombs. MDOT expects to advertise for bids in the first quarter of 2020 with construction running until June 15 and picking back up after Labor Day.

Due to concerns from the public about flooding where Road's End meets Atlantic Avenue, Wolf asked Coombs and MDOT to reevaluate any needs to repair drainage in that area. Wolf also asked Coombs to ensure the future contractor has a plan to mitigate point source pollution during construction.

Town Manager Tom Woodin announced nomination papers will be available to pick up on Wednesday, Jan. 23. Up for election are two selectmen's seats, one CSD school committee member, one CSD trustee, one Boothbay Region Water District trustee, and one Boothbay-Boothbay Harbor Cemetery District trustee. Voting is Friday, May 3. Absentee ballots will be available no less than 30 days before voting.

Financial Officer Julia Latter said the town’s revenue and expenses, year to date, total $4,772,622 and $4,752,789, respectively. The total accounts payable are $2,322,020.32 and the bank balance is $393,550.83.