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Camden Select Board Minutes of Meeting August 12, 2008 Present: Chairperson John R. French, Jr., Vice Chairperson Sharon Gilbert, Karen Grove, Anita Brosius-Scott, Deborah Dodge, Town Manager Roberta Smith, and Town Attorney William Kelly. Also present were members of the press and public. Contents 1. Public input on non-agenda items. 2. Approval of Minutes of April 22, 2008, April 29, 2008, May 13, 2008, and May 27, 2008 2A. Approval of withdrawal of funds from Harbor Reserve to purchase Muni Mooring Harbor Management Software with Captain Voyager Mosaic interface. 3. Public Hearings on the following: a. Public Hearing on the application of Elm Street Grill at 115 Elm Street for a Special Amusement Permit. b. Public hearing on a proposed amendment to the Camden Zoning Ordinance, Article VIII, Section 10, Transitional Business District (B-3), Section 12 Harbor Business District (B), Section 15 Industrial District (B), and Section 16 Transitional Harbor Business District (B) to add technical services as a professional use. Technical services are currently allowed in five business districts and on one lot in the B-3 District. The amendments would add technical services throughout the B-3 District, in the B-H and B-TH Districts and limit the amount of technical service sales in the Industrial District. 4. Separate Public Hearings on three citizens’ petitioned warrant articles submitted prior to June 2008 Town Meeting, said petitions being in the following format: a. To see if the Town will vote to require any sale of the Town-owned “Apollo Tannery Property” to be approved by a referendum vote, “Apollo Tannery Property” being the lot described in Book 348 on Pages 278 and 280, and depicted as lot #18 on the Town of Camden Tax Map 114. b. To see if the town will vote to permanently retain Town ownership and forever preserve public access along the Megunticook River by retaining ownership of a twenty-five foot wide strip of land bordering the River on the town-owned former "Apollo Tannery" property on Washington Street (described in Book 3148 on Pages 278 and 280, and depicted as Lot #18 on the Town of Camden Tax Map 114), said strip extending twenty-five feet in width from the top of the natural river bank, following said bank for the full length of the lot, from Washington Street to Rawson Avenue, and to direct the Selectboard within six months to create a permanent easement for this purpose to be held by an appropriate independent organization, such as a land trust or a non-profit organization, and to convey this easement by Camden Select Board Minutes of Meeting – Page 2 August 12, 2008 deed to this organization; thereby permanently and irrevocably preserving and protecting it as a public access area consistent with recommendations in the Camden Comprehensive Plan. c. Shall the Town vote to amend the Camden Zoning Ordinance of the Town of Camden, Article VIII, Section 12 Harbor Business District (B- H),(B),(2),(3),(4),(7),(24),(25),(26), to prohibit all residential inn, hotel and motel uses within the Harbor Business District (B-H) in an area beginning roughly at the intersection of Atlantic Avenue and Sea Street, then running generally along the easterly side of Camden Harbor, and ending at the northerly and easterly boundaries of the Bean Yard; and amend the Town of Camden official zoning map to create a zone known as the “Harbor Business East (B-HE) Overlay District: which will show more specifically where residential, inn, hotel and motel uses are prohibited within the underlying Harbor Business (B-H) District? 5. Consideration of the request of the Camden Public Library to close Atlantic Avenue on Sunday, August 17th from 2:00 pm to 5:00 pm for their first annual Camden Public Library Family Concert. 6. Consideration of request from Will Pfau to close Chestnut street between Penobscot Avenue and Beacon Avenue on Saturday, September 6, 2008 from 4:00 pm to 4:30 pm for a wedding at 144 Chestnut Street. 7. Bid Award: 2009 GMC TC5500 Public Works Truck 8. Consideration of appointment of Ellen Simons to the Camden Rockport Pathways Committee. 9. Consideration of the Taxi Operator license applications both driving for Schooner Bay Taxi: a. John T. Sanford Rockland, Maine b. Vernon L. Thompson of Port Clyde, Maine 10. Approval of the 2008-2009 Maine DOT Urban-Rural Initiative program Certification. 11. Committee Reports 12. Manager’s Report 13. Executive Session: Pending litigation, 1 MRSA section 405(6)E. AS CAMDEN WASTEWATER COMMISSIONERS 1. Approval of the Certificate of Commitment for wastewater charges for the period of April 8, 2008 to July 11, 2008. Camden Select Board Minutes of Meeting – Page 3 August 12, 2008 Minutes of Meeting Chairperson French called the meeting to order at 7:00 p.m. 1. There was no public input on non-agenda items. Board member Anita Brosius-Scott started the meeting by stating the new bus sign on Free Street referencing the bus unloading zone on Mechanic Street seems to be misunderstood by some bus drivers, who are unloading by that sign on Free Street, and feels that this sign should be clarified. Rick Seibel spoke about the sign and said that he has ordered another sign to place under the existing sign that will indicate, please turn next right. Brosius-Scott also mentioned the wonderful Historic Maps of Camden that are now available at local stores. These maps give a description of the history of Camden and then the various businesses are all in watercolors, and this is a fabulous map that is a big help to tourist and locals. This wonderful map’s artistry was done by Deborah Winship and designed by Tim Seamore. This map was made possible by Ann Morris, the Editor, Janet Dutson, Managing Editor, and the Camden Downtown Business Group. Board member Karen Grove wanted to mention that Anna Goodale from Camden, and her eight woman rowing team, is in Beijing competing in the Summer Olympics and their team won their first heat. 2. Sharon Gilbert made a motion to approve the Board Minutes of April 22, 2008, April 29, 2008, May 13, 2008, and May 27, 2008 as amended by Board member Anita Brosius-Scott. Karen Grove seconded this motion. The motion passed on a 4-0-0. (Deb abstained because this was prior to her time serving on the Board.) 2a. Town Manager Roberta Smith recommended that the Board approve the withdrawal of funds from the Harbor Reserve to purchase Muni Morong Harbor Management Software with Captain Voyager Mosaic interface. Manager Smith stated that the Harbor Clerk, Marlene Libby has been struggling for years trying to keep track of the various lists and fees and she has done some research to find a software package that will do all that for us and this would tie it into the mooring data at the harbor. The Harbor Committee has seen a demonstration of this program and they recommend the purchase of this program. There are funds in the Harbor Reserve for this purchase and she recommends the withdrawal of the funds from the Harbor Reserve to purchase the software. This will enable the Harbor Clerk to get this program up and running for the new billing year. Harbor Committee Chair Gene McKeever stated that he likes the fact that this program will integrate into the Harbormaster’s current laptop and they will both have the same information. Board member Brosius-Scott asked if any other towns are currently using this system and if it has been successful for them. Camden Select Board Minutes of Meeting – Page 4 August 12, 2008 Harbor Chair McKeever stated its typical software where it is always in motion and they are always upgrading as they see the need. Harbormaster Steve Pixley stated that he has talked to the harbormaster of Portland and he stated this system is top notch. Board member Brosius-Scott asked the Harbormaster if he had the opportunity to shop around for other companies out there and what other prices this system compares to. Mr. Pixley stated that there was another software offered at the Castine convention but that system didn’t have nearly the power that this one does as far as organizing data or for making billing easier. Board member Gilbert asked the Harbor Master if this software would reside at the town office or on his laptop. The Harbormaster stated that it would be on the server at the town office and on his laptop. Manager Smith stated also that all of the updates for the management of data and the billing will be done here at the town office. This program is currently being utilized by the Town of Rockport, City of Portland and other area harbors and has the capability of billing, record keeping, accounts receivable, mooring information, GIS (Geographic Information System), inspectors, mooring gear and safety. This system can also be used to display digital photos by moorings, maintain waiting lists & billing, track payment status, generate renewal letters & billing, track mooring inspections, track boat details, track boat owners address, & phone numbers and can customize fee schedules. During a recent Harbor Committee, the committee voted to recommend taking funds from the Harbor Reserve to cover the costs of the Muni Mooring GIS system on a 6-0 vote. The total cost for the Muni Mooring system is a total of $4700 which includes 4 hours of on-site training, 8 hours per year of LogMeIn support and renewal fee for one year. Karen Grove made a motion to approve the withdrawal of funds from Harbor Reserve to purchase Muni Mooring Harbor Management Software with Captain Voyager Mosaic interface. Sharon Gilbert seconded the motion. The motion passed on a 5-0-0 vote. Chairperson French read the rules and regulations for conducting public hearings in preparation of the public hearings to be held this evening. 3. Public Hearings: A. A public hearing was held for a special amusement permit application for Elm Street Grill at 115 Elm Street. Mrs. Smith stated the application was reviewed by the Police Chief and no incidents have been reported to the Police Department regarding the establishment. Chairperson French asked to hear from any proponents. There were none. Chairperson French asked to hear from any opponents. There were none. Camden Select Board Minutes of Meeting – Page 5 August 12, 2008 Chairperson French closed the public portion of the hearing, and no Board discussion followed. Anita Brosius-Scott made a motion to approve the application of Elm Street Grill at 115 Elm Street for a Special Amusement Permit. Deb Dodge seconded the motion. The motion passed on a 5-0-0 vote. B. A public hearing was held on a proposed amendment to the Camden Zoning Ordinance, Article VIII, Section 10, Transitional Business District (B-3), Section 12 Harbor Business District (B), Section 15 Industrial District (B), and Section 16 Transitional Harbor Business District (B) to add technical services as a professional use. Technical services are currently allowed in five business districts and on one lot in the B-3 District. The amendments would add technical services throughout the B-3 District, in the B-H and B-TH Districts and limit the amount of technical service sales in the Industrial District. Jeff Nims, Code Enforcement Officer, stated that Abacus Computers wanted to move their business at 87 Elm Street to another location on Elm Street. Jeff stated he had to tell them that they couldn’t move their business to another location on Elm Street. The reason is because their business is a technical service under the ordinance which is only permitted on the 87 Elm Street property. That happened back in 1983 when the Morong’s wanted to move their business from Main Street to property they owned at 87 Elm Street. That amendment was not drafted by Mr.Nims or the Planning Board, but by an attorney hired by the Morong’s. The sole purpose of that amendment was to allow their business to be located on that property. The amendment went to the voters and it was approved. A couple of months later the Zoning Ordinance Committee saw that technical services had now been added to the Ordinance with a definition and was allowed on that one lot, decided it should be added to other business districts in the town, and those are the other five districts where it is now permitted. Mr. Nims stated that the problem that Abacus Computer faces is that the amendment that was drafted by the attorney stated that technical services are permitted only on lots that were vacant as of June 1993 in the B3 District, which was the only lot vacant at the time. Therefore, it is not allowed on any other lot within the B3 Districts and the Planning Board sought to resolve that problem feeling that it was absurd to have it on one lot in the district and not on another. One of the complications was that technical services, the first word in the definition, is sales, and the B3 District does not allow retail sales. What they have decided to do now is craft an amendment to the B3 that will take Technical Services out of its current location, which is under the special paragraph that was created in 1993 and move it to the main part of the uses of that district, and have a qualification that says technical services provided retail sales are devoted to less than 10% of the floor area of the building. They felt that way it would be an incidental retail use, it’s not the main part of the business, and therefore it would not negatively impact the B3 district in terms of sales. They also felt that it should be added to the BH district which it was not but not at street level and keeping with other uses in that district. Mr. Nims also stated that the Industrial district also doesn’t allow for retail sales, so they also put the same limitations to no more then 10% of the floor area in the Industrial District. Finally, they wanted to add it to the new BTH District also with the restriction that it can’t be at street levels. Chairperson asked to hear from any proponents. There were none. Camden Select Board Minutes of Meeting – Page 6 August 12, 2008 Chairperson asked to hear from any opponents. There were none. Chairperson French closed the public portion of the hearing, and Board discussion followed. Board member Grove asked if this change would be restricted to above street level on the first floor in the BTH and the BH and she wanted clarification as to why. Deb Hensler stated that restricting it from the street levels, in those districts, keeps it consistent with other like uses in those district that aren’t allow at street levels. Mostly retail is permitted and other professional offices are not permitted at street level. Ms. Grove stated that it is trying to restrict the professional offices rather then restrict the sales and Ms Hensler stated that is correct. Planner Nims stated that in the ordinance permitted uses have different categories and one of them is professional services, and you will find professional office is there and also technical services. Deb Dodge made a motion to move the proposed technical service Zoning Ordinance amendments to the next warrant, which we have not set a date for yet. Karen Grove seconded the motion. The motion passed on a 5-0-0 vote. Karen Grove made a motion that the Select Board moves this article forward with their approval to pass. Deb Dodge seconded the motion. The motion passed on a 5- 0-0 vote. 4. Separate Public Hearing on three citizens’ petitioned warrant articles submitted prior to the June 2008 June Annual Town Meeting: A. A public hearing was held on the following citizen petition: “To see if the Town will vote to require any sale of the Town-owned “Apollo Tannery Property” to be approved by a referendum vote, “Apollo Tannery Property” being the lot described in Book 348 on Pages 278 and 280, and depicted as lot #18 on the Town of Camden Tax Map 114.” Petitioner and resident Nancy Caudle-Johnson stated the hearing took place for the Apollo Tannery report and at that hearing a referendum petition wording and was handed to the Select Board that night. Then on April 8, at the Select Board meeting, they formally presented a proposed warrant wording and the Select Board voted it down. At that point they went forward with the petition process and there were 309 certified signatures, with only 294 required. Ms. Caudle-Johnson stated that people sacrificed time to get signatures on the petitions and on April 29th the Select Board still would not put their petitions on the ballot. The only reason it will now be on the ballot is because they hired an attorney and pushed it forward, and now it is going to be on the ballot. Caudle-Johnson stated that evidentially in Maine, townspeople have the right to vote on the sale of town owned property. The warrant article regarding the sale of the Apollo Tannery property that was voted on in June says that the Select Board can negotiate that sale alone without the town approval. Camden Select Board Minutes of Meeting – Page 7 August 12, 2008 Chairperson French asked to hear from any opponents. There were none. Chairperson French closed the public portion of the hearing, and Board discussion followed. Board member Brosius-Scott stated she can understand why citizens want to have a final say in who the ultimate buyer of the Tannery might be as she felt conflicted herself as a voter wanting to know what they are going to do with this property. On the other hand, Ms. Brosius-Scott stated she could also see the point of view of the potential buyer of a commercial piece of real estate. The point of the committee be formed was to try to come up with recommendations and criteria that the Select Board could use as a guide as they review potential buyers of the property. They would have the right to sell the property under those restrictions. The point of the exercise was to make the process of purchase and sale as reasonable as possible, given that it is a town owned property. The alternative that a buyer would be looking at is the prospect of petitioning people with graphics, public description, plans, and basically a marketing effort towards the town about why they want to buy the property and what they want to do with it. She also stated that KWRED(Knox/Waldo Regional Economic Development Council) representative Alan Hinsey, expressed how difficult it would be to find a purchaser who would be willing to present their plan before the town and have it publicly voted on, and given the current real estate market, given those stringent requirements a commercial entity business would prefer to look elsewhere. She felt that ultimately it would be extremely difficult to sell this property, give the requirement for the potential buyer. Board member Gilbert stated she had a problem with delaying a sale 30-60 days because there are other opportunities in the Midcoast. If anybody were interested in purchasing this land they wouldn’t want to put up with something like that and they might walk away from it. Ms. Gilbert also stated that in order to sell this property we need to make it a faster process. After further discussion, Sharon Gilbert made a motion that the Select Board vote not to support this citizen petition question pertaining to the Town owned Apollo Tannery sale. Karen Grove seconded the motion. The motion passed on a 4-1-0 vote. (Deb Dodge abstained) B. A public hearing was held on the following citizen petition: “To see if the town will vote to permanently retain Town ownership and forever preserve public access along the Megunticook River by retaining ownership of a twenty- five foot wide strip of land bordering the River on the town-owned former "Apollo Tannery" property on Washington Street (described in Book 3148 on Pages 278 and 280, and depicted as Lot #18 on the Town of Camden Tax Map 114), said strip extending twenty-five feet in width from the top of the natural river bank, following said bank for the full length of the lot, from Washington Street to Rawson Avenue, and to direct the Select Board within six months to create a permanent easement for this purpose to be held by an appropriate independent organization, such as a land trust Camden Select Board Minutes of Meeting – Page 8 August 12, 2008 or a non-profit organization, and to convey this easement by deed to this organization; thereby permanently and irrevocably preserving and protecting it as a public access area consistent with recommendations in the Camden Comprehensive Plan.” Nancy Caudle-Johnson stated the same summary as before, these two articles were brought forward a the same time at the April 1st public hearing for the Apollo Tannery property, when the overwhelming majority and almost all the people that spoke at that meeting, spoke in favor of referendum vote to protect the 25 foot wide strip of land that is the river walk. Ms. Caudle-Johnson stated at that meeting they handed the Select Board a version of the warrant article and then after the public comment portion of the meeting, John French and Sharon Gilbert immediately made a similar but different warrant article. She stated she then brought theirs forward again at the April 8th meeting, and the Select Board voted it down. She then took it forward as a petition. The petition collected 318 certified signatures and therefore they came to the April 29th meeting, when the Board approved the warrant for the June ballot, assuming it would be on the ballot. Ms. Caudle-Johnson stated she assumed it would be on the ballot, and the Board reversed the order of approving things, approved all of the other warrants, and then turned ours down. Nancy stated she then did research with the Maine Municipal Association and learned a little about the laws and then engaged an attorney, John Bannon. This was to persuade the Board to allow the townspeople their legal right to vote. Chairperson asked to hear from any proponents. There were none. Chairperson French closed the public portion of the hearing, and Board discussion followed. Board member Dodge stated that the Camden Conservation Commission supports retaining the 25 foot. strip of land, but we have a citizens committee that worked hard creating the master plan for the Pathways. Ms. Dodge stated it would be logical to go through the Pathways Committee. It is part of what they do, they review the properties in town and put together a master plan and put together priority lists of what kind of pathways we need for pedestrian and bikeways and it seems that the Board didn’t get the input from the Pathways Committee on what kind of alternative uses there should be for the 25 foot strip of land. Neither the Select Board, nor the town has heard discussions about alternatives for the use. Board member Grove stated that Deb Dodge made a very good point, and we are seeing more and more of this, because there are so many committee’s here in town, there needs to be more cross-committee discussions. She would like to see a lot of people be more aware of what other committees are trying to do and try to link arms as the committee’s go forward. After further discussion, Anita Brosius-Scott made a motion to move citizens petition forward to a town meeting ballot which relates to the 25 foot wide strip at the Apollo Tannery property and create a permanent easement to be held by an appropriate independent organization. Karen Grove seconded the motion. The motion passed on a 5-0-0 vote. Camden Select Board Minutes of Meeting – Page 9 August 12, 2008 Sharon Gilbert made a motion that the Select Board not endorse the above citizen petition article that is going forward on the next town meeting warrant. Deb Dodge seconded the motion. The motion passed on a 5-0-0 vote. Deb Dodge made a motion that the Select Board hold a special town meeting to vote on the three citizen’s petition and the Planning Board’s proposed technical services zoning amendment in the Transitional Business District on Tuesday, September 23, by referendum ballot from 8 a.m. to 8 p.m. Anita Brosius-Scott seconded the motion. The motion failed on a 2-3-0 vote. (Gilbert, French, and Grove opposed) John French made a motion to put the three citizens’ petitions and the Planning Board’s proposed technical services zoning amendment in the Transitional Business District on the next regular town meeting warrant, November 4, 2008 at the Public Safety Building as a referendum ballot from 8 a.m. to 8 p.m. Sharon Gilbert seconded the motion. The motion passed on 3-2-0 vote. (Dodge and Brosius-Scott opposed) C. A public hearing was held on the following citizen petition: “Shall the Town vote to amend the Camden Zoning Ordinance of the Town of Camden, Article VIII, Section 12 Harbor Business District (B-H),(B),(2),(3),(4),(7),(24),(25),(26), to prohibit all residential inn, hotel and motel uses within the Harbor Business District (B-H) in an area beginning roughly at the intersection of Atlantic Avenue and Sea Street, then running generally along the easterly side of Camden Harbor, and ending at the northerly and easterly boundaries of the Bean Yard; and amend the Town of Camden official zoning map to create a zone known as the “Harbor Business East (B-HE) Overlay District: which will show more specifically where residential, inn, hotel and motel uses are prohibited within the underlying Harbor Business (B-H) District?” Rockport resident and Camden property owner, Steve Smith explained this process started about a year ago with a moratorium that was a petition article on the June 2007 ballot that was approved by Camden voters. The Planning Board worked to come up with a new ordinance for basically the entire east and west side of the Harbor. Several of the people that participated in the moratorium viewed the final solution by the Planning Board; felt it didn’t address some of the issues, particularly on the east side of the harbor. The main issue that the petition addresses is the first floor residential specific to the bean yard. Mr. Smith stated that there were over 400 people that signed the petition and are concerned about preserving the working waterfront. The Bean Yard represents four acres plus a nine acre parcel and if you look at the present zoning it eliminates at least two of those acres. The other two acres in front of that, which would be on the water side, is unlikely would ever be developed for substantial marine related activity. It is the only zone in the Harbor that has a 40 foot building limitation, which is the highest and most intense use for boat building, and that was a special requirement that Harvey Picker initiated a number of years ago to build boats. The current zoning allows first floor residential and it is unlikely that the remaining two acres, which is between the 273 foot. set back and the water will have 40 foot buildings blocking the first floor residential. Mr. Smith also stated that the coast of Maine has less than 2% working waterfront and the petition is trying to address the fact that we need to preserve the commercial aspect of our Camden Select Board Minutes of Meeting – Page 10 August 12, 2008 working waterfront. Even if it means eliminating residential, which a lot of harbors do, from Machias to Portland, including Rockland waterfront. The petition is trying to eliminate residential as a means to generate profits for a boatyard or to subsidize a boatyard. It’s to emphasize that we are trying to preserve the working waterfront. That’s the vote that is coming up in September and they respect what the Planning Board has done. It’s an up or down vote and if the town wishes to maintain the first floor residential then he would suspect that everyone will except what the towns wishes are but it’s important to have that vote and for people to understand the ramifications of eliminating commercial waterfront and allowing residential in that area. Resident Ray Williamson stated that he feels that we should protect every square inch of marine related commercial property for that purpose. Houses, residences, condominiums will bring in a quick buck, but in the long run, we would be looking back at this and saying, “We missed a great opportunity for the future.” There is less and less commercial marine space available and we can use the argument that it’s happening everywhere, but Camden is some place special and if we want to keep it special, we have to take the steps to preserve what it is that we have here. If we want to go for the quick buck then it will be all gone. He also stated that is a one time opportunity. The investment that was made in this property was made as a commercial marine enterprise, with the understanding that this was the intention of the buyers to do that and then it didn’t happen. Resident Leonard Lookner stated he wanted to make a statement to thank the number of citizens in Camden who made a financial sacrifice to help to preserve the democratic ways and process of this community and the State of Maine. Mr. Lookner asked the Board how we are going to go forward with this on the ballot. He wanted to know if it would be a town meeting or a regular ballot and John French stated that it would be at the Public Safety Building in the form of a referendum ballot from 8 am to 8 pm. Resident Kristen Bifulco stated she wanted to thank the Select Board for allowing this to go through to the voters. She also wanted the Camden people to hear that in the comprehensive plan on page 177 it specifically says that the commercial strategy is to explore ways to counter market forces that seek to develop residential uses along shoreline properties, while encouraging commercial marine enterprises and that is the responsibility of the Select Board, Harbor Committee, Planning Board, Harbor Master, and Planner and the timeframe is immediate and ongoing. Ms. Bifulco stated this is very important because you are fulfilling ways to counter market forces. You can’t counter market forces that seek to develop residential uses with allowing residential uses. The people of Camden coming forward and being brave enough to bring this bold thing to not allow residential uses in that area where commercial marine property couldn’t find any other way to counter market forces other then residential uses, says a lot about the community and how they care about the waterfront. She stated she commends the Board for allowing this to go forward to the voters. Richard Householder a Camden resident and member of the Planning Board stated what we have here tonight before the Select Board is the issue of which issue of the Harbor Business District Plan is best for the town. The current ordinance amendment that passed in June or the citizen’s petition that you are reviewing tonight. The current amendment was based on Camden Select Board Minutes of Meeting – Page 11 August 12, 2008 the recommendation of the Planning Board and the Planning Board spent three months reviewing the text of the moratorium and the previous ordinance as well as listening to the town’s citizen’s comments at numerous public hearings. One other item that the Planning Board reviewed was the town’s Comprehensive Plan and especially its goal of encouraging commercial marine development along the Harbor shoreline, as well as planning for various mix uses in the district. The question that was consistently addressed during the Boards lengthy deliberations was, “What was the right mix of residential use versus commercial use, and where within the district should there be residents?” The Planning Board’s recommendation was included in the June amendment that allowed residences only beyond a line that is 276 feet from the mean high watermark along the harbor. Nowhere else on the harbor are residences allowed at street level. He also stated what seems to be the main issue behind the creation of the citizen’s petition is the small parcel of land located in the upper Bean Yard area that is above the 276 ft. line and the building of residences there. This parcel of land is less then 3 acres in size and is bounded on three sides by existing residences and is not considered to be waterfront property. He added that Wayfarer tried to develop a Marine related use of this same area in the past and was sued by the abutting neighbors who did not want industrial development on this site. Mr. Householder also stated the logical choice of an area within a Harbor Business District for residents is, in fact, the upper Bean Yard while the lower Bean Yard, that is along the shoreline, is more suitable for commercial marine usage. He personally rejects the citizen’s petition because it clearly is not in the best interest of the town in that it is overly restrictive. Deb Hensler a Camden resident and member of the Planning Board stated that she wanted to read a letter to the Board and to the public. She stated she did not have the chance to review her letter and she apologized that some of the things she wants to cover might have already been discussed by previous speakers. Ms. Hensler read this letter to the Board and to the press & public: At the June vote, the citizens of Camden approved a revision to the Zoning Ordinance that had been recommended by the Camden Planning Board. One of these approved amendments was to permit residences at street level in the upper portion of the Bean Yard. Until June, residential use had been permitted there and throughout the Harbor Business Zone except at street level. Last year the owners of the Bean Yard attempted to add residential uses along the inner Harbor where it was already permitted and requested a zoning change to allow residences in the Bean Yard at street level by rezoning that area to the village zone. A moratorium was initiated, which halted any residential development in the Harbor Business Zone for six months. As a result of that moratorium, the Planning Board reviewed the Harbor Business Zone and recommended changes that were approved by citizens of Camden in June. One of those changes removed all residential use on the Wayfarer Marine side of the Harbor except for the upper Bean Yard, where residential use would still be permitted on upper floors and now also at street level. This area of the yard is already surrounded on three sides by residences. When Wayfarer attempted to build a new building there for marine use several years ago it met all zoning ordinances requirements, and was approved by the Planning Board, but was stalled in the court system, when Camden Select Board Minutes of Meeting – Page 12 August 12, 2008 abutters appealed the Planning Board approval. Now Wayfarer wants to put residences in this area that is surrounded by residences and this too is being opposed. In the amendment that the voters approved in June, residential use is only permitted in the upper Bean Yard provided two square feet of marine building coverage is constructed for each square foot of residential building coverage. This means that marine related buildings must be built or at least half within existing building removed and replaced before a certificate of compliance is issued for the residential construction. This in fact is already working. Wayfarer Marine is proposing new marine related buildings that are currently undergoing site plan review by the Planning Board. One of these buildings in fact, is in the lower Bean Yard and is proposed at the maximum height of 40 feet. In crafting this change to the Harbor Business Zone the Planning Board worked to create a balance between residential and marine use and between the desire of Camden citizens and the property owners. Rather then simply saying no residential use in the Harbor Business Zone, we looked at what was currently permitted in deference to the potential impact on a property owner. We recognize the need to preserve and enhance Camden’s working waterfront. We view the upper Bean yard as a reasonable place for residences at street level because that portion of the property does not abut the harbor and is already surrounded on three sides by residential use. By restricting residential use to that area, the waterfront property for Wayfarer remains a working waterfront area. We provided an incentive for improving marine related buildings and the construction of new marine related buildings by making any residential use in the upper Bean Yard dependent on new or greatly improved marine related buildings on the rest of the Wayfarer property. She believes that the zoning amendments approved by the voters in June accomplished that balance that I spoke of. A balance based upon common sense. Residential uses are greatly reduced by 60% based upon what was allowed prior to the June vote. Camden is not losing any waterfront property that is currently be used as working waterfront, and new commercial marine construction is undergoing the Planning Boards site review process. This citizen’s petition is to restrict all residential use in the Harbor Business is as Planning Board member Richard Householder said is overly restrictive. It fails to take in to account the history of what has been permitted in that zone and fails to provide incentives for marine related commercial construction or even any simple improvements. The argument that keeping residences out of this area is better for business is flawed. There needs to be a balance and the comprehensive plan calls for mixed use in the Harbor area. We need to listen not just to the petitioners but also to the business owners who are also Camden tax payers. We need to allow for residential use but it’s going to be much less then what was already permitted. Before allowing residential use we need to require improvements to the existing working waterfront site. The citizen’s right to petition is a fundamental right and this petition deserves to be debated and voted upon. However, she does not believe this proposed change to the Harbor Business Zone is in Camden’s best interest and she urges Camden citizen’s to vote no on this proposal. Chairperson French closed the public portion of the hearing, and Board discussion followed. Board member Brosius-Scott stated she wanted to express her support of Deb Hensler and Richard Householder opinions regarding this amendment. Anita stated that she felt it is too restrictive and that it is important to keep in mind what was historically permitted within the zone within the last 15 or more years. Residential was permitted above ground level in this entire zone all the way around the harbor, and the changes that were made and voted in Camden Select Board Minutes of Meeting – Page 13 August 12, 2008 June, particularly of the Wayfarer part of the harbor significantly restricted what had been previously permitted. She also stated she felt that the Planning Board worked very hard and successfully at looking at the entire issue, not just from one point of view, but from all points of view. It’s very important and she really appreciates the incentive that was built into the present plan to encourage development of marine related uses, in order to earn the right to the residential development in the back part of the Bean Yard. She supports that and that citizens will consider the broader view of the various needs that we have to encourage the continuation of successful marine related businesses there. Board member Gilbert stated she supports what Deb Hensler and Richard Householder had to say and they said it very distinct and very detailed. She stated we could understand that the petition is overly restrictive and the small portion of the Bean Yard that is now allowed for residential is a small portion. The large portion of the property is commercial and is being developed commercially. Ms. Gilbert publicly stated she does not support the petition. Board member Dodge stated that the June amendment is more in compliance with the Comprehensive Plan then the current citizens proposed amendment. It does speak to the current zoning ordinance being retained and the balance of uses that are mentioned in the current Ordinance and that includes residential. The other issue has to do with fairness regardless of whether anybody else may have agreed with business discussion made by the company, prior management, and it’s still true that the decision they made was based on a zoning ordinance that went uncontested for up to 15 years. She also stated that a business owner should have a reasonable expectation, that if they are following the zoning ordinance that they should be able to continue doing business. Chairperson John French stated that he supports what the Planning Board has worked on and they have done a great job. Mr. French stated it is surprising the number of people that don’t realize, as Richard Householder point out, 60% is the amount of residences that have been reduced in this whole harbor zone. He also stated that people need to take a minute and read and understand before we vote. Karen Grove made a motion to move the citizen’s petition forward to the next warrant town meeting warrant. Deb Dodge seconded the motion. The motion passed on a 5-0-0 vote. Deb Dodge made a motion to not recommend voting favorably for the citizen’s petition on the Harbor Business District Overlay. Karen Grove seconded the motion. The motion passed on a 5-0-0 vote. 5. David Jackson asked the Board to close Atlantic Avenue to traffic on August 17th from 2:00 p.m. until 5:00 p.m. for the first annual Camden Public Library Family Concert. Karen Grove made a motion to close Atlantic Avenue to traffic on August 17th for the first Annual Public Library Family Concert. Sharon Gilbert seconded the motion Camden Select Board Minutes of Meeting – Page 14 August 12, 2008 contingent upon hiring a private duty police officer to block the street. The motion passed on a 5-0-0 vote. 6. Anita Brosius-Scott made a motion to grant the closure of Chestnut Street between Penobscot Avenue and Beacon Avenue on Saturday, September 6th from 4:00 p.m. to 4:30 p.m. for a wedding at 144 Chestnut Street. Karen Grove seconded the motion. This motion passed on a 5-0-0 vote. 7. Sharon Gilbert made a motion to award the bid form the 2009 GMC TC5500 Public Works Truck in the amount of $36,786 to O’Conner GMC. Karen Grove seconded the motion. The motion passed on a 5-0-0 vote. 8. Sharon Gilbert made a motion to confirm the appointment of Ellen Simons of 92 Mechanic Street as a regular member of the Camden/Rockport Pathways Committee. Deb Dodge seconded the motion. The motion passed on a 5-0-0 vote. 9. Karen Grove made a motion to approve the Taxi Operator license application for John T. Sanford and Vernon L. Thompson for Schooner Bay Taxi. Sharon Gilbert seconded the motion. The motion passed on a 5-0-0 vote. 10. The Town of Camden received a letter of notification from the State of Maine concerning the “Urban/Rural Initiative Program” (URIP) for the fiscal year beginning July 1, 2008 with changes to the program. The letter stated that at this time, DOT is estimating a supplemental reduction of approximately $1.2 Million to the URIP program as a result of anticipated highway fund revenue reductions and other budget adjustments. If this happens, the 4th quarter URIP payment in June 2009 may be reduced, and some towns will see no reduction as they are near or at the FY 09 “hold harmless” amount and others will see reductions up to several thousands of dollars. The letter also states after a review of URIP by the Office of Program Evaluation & Government Accountability, two recommendations were made for the program. a. Effective on July 1, 2008, funding recipients must provide information on how URIP funds were expended from the previous fiscal year. The information on how URIP funds chart the progress of improving public roads by the 502 Maine municipalities, counties, and Indian reservations that receive funding from this program. b. Encourage Program recipients to enroll in the direct deposit option instead of receiving a paper check in the mail. To be eligible to receive FY09 URIP funds, each Municipality must certify that the Urban Initiative funds will be used only for maintenance or improvements to public roads and Rural Initiative funds will be used only for Capital improvement of public roads. It is estimated that the municipality of Camden will receive $63,108 for the fiscal year beginning July 1, 2008 and the estimated quarterly installments will be in the amount of: September 2008 is $15,777; December 2008 is $15,777; March 2009 is $15,777; June 2009 is $15,777. Camden Select Board Minutes of Meeting – Page 15 August 12, 2008 Roberta stated that this is two parts of the highway subsidy that we get based on our mileage and we are required to use a piece of it for maintenance and a piece of it for capital improvements. She stated this isn’t an issue because we spend more then that on road work and she recommends that the Board certify it. Deb Dodge made a motion that the Town of Camden certify that they will spend the 2009 funds according to State guidelines for the use of those funds. Karen Grove seconded this motion. The motion passed on a 5-0-0 vote. 11. Committee Reports: Harbor Committee: Deb Dodge spoke about an important discussion that the Harbor Committee had about the opposed changes to the Harbor Ordinance to extend the mooring inspection deadline and there was clear consensus in the Harbor Committee that the deadline should not be moved from June15 to July 31. Camden Rockport Pathways: Anita Brosius-Scott stated she wanted to bring up some confusion that had arisen, as a result, of the scheduling of the Rawson Avenue paving project from Mechanic Street and the pump station. The confusion relates to whether there will be any work in drainage work or preparatory work in conjunction with that, that relates to a sidewalk or future sidewalk that is slated to be done as soon as financially feasible. The residents where given notification that this work will be done and the work will be done in another week or so. Ms. Brosius-Scott also stated that the residents that were questioning if there will be a sidewalk and the Pathways Committee was not able to give them clarity on this process. 12. Managers Report: Manager Smith reported that Summit Environmental and Clean Harbors is finishing up with the Tannery project and are scheduled to be done by Friday, August 15th. There is a status meeting project on Thursday, August 14th at 10 am on site if any of the Board members is interested in attending. Things have been going reasonably well and they expect they will be able to meet the project deadline. A motion was made and duly seconded to adjourn as Select Board and reconvene as Wastewater Commissioners. The motion passed on a 5-0-0 vote. As Camden Wastewater Commissioners: 1. Karen Grove made a motion to approve the Certificate of Commitment for wastewater charges for the period of April 8, 2008 to July 11, 2008. Sharon Gilbert seconded this motion. The motion passed on a 5-0-0 vote. A motion was made and duly seconded to adjourn as Wastewater Commissioners and reconvene as Select Board. The motion passed on a 5-0-0 vote. Camden Select Board Minutes of Meeting – Page 16 August 12, 2008 As Select Board: At 10:40 pm a motion was made by Karen Grove and seconded by Sharon Gilbert to adjourn to executive session regarding the Pending litigation, 1MRSA section 405(6)E. The motion passed on a 5-0-0 vote. The Board came out of executive session at 11:10 pm. At 11:11 pm a motion was made and seconded to adjourn. The motion passed on 5-0- 0 vote. Respectfully submitted, _____ _____________________ Melissa Geary Recording Secretary
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