Boothbay Harbor selectmen reviewed five proposed municipal ordinances March 27, but only approved three for the May 6 town meeting warrant. Selectmen approved placing amendments to the downtown business district, clarification of the appeals board’s duties, and adoption of state mandated legislation, LD 2003.

The proposed downtown business district change would move Bath Savings Bank and Boothbay Harbor Memorial Library from Downtown Business District B to A. The two properties are in an isolated zone in the downtown business district. The library proposed an expansion plan for the main building and Hyde House (bookstore). The current ordinance requires extensive paving to create additional parking. Planning board member Bill Hamblen explained the amendment’s rationale. “The board felt changing the district meets the town’s needs because plenty of parking is available and prevents losing green space to asphalt,” he said.

Under the current shoreland zoning ordinance, the board of appeals may reverse the planning board by finding their decision was contrary to specific provisions in the code or facts presented in the record. The second proposed amendment would clarify the appeals board’s role. Under the proposal, “If the appeals board determines the planning board’s record are inadequate, they may remand the matter back to the planning board for additional fact-finding.” Hamblen described the rewritten passage as “harmonized to corresponding provisions in the shoreland zone ordinance.”

The third proposed change codifies Maine’s LD 2003 law into the municipal ordinances. Under state law, municipalities have until July 2023 to add LD 2003 to their municipal codes. This law is designed to remove unnecessary regulatory barriers to housing production in Maine, while preserving local ability to create land use plans and protect sensitive environmental resources. 

Two proposed amendments were reviewed, but selectmen decided against adding them to the May warrant. During the discussion, selectmen decided these proposals need more refinement. One proposal would have restricted further single family homes in the business district. The current code allows for single family homes, except mobile homes, in the downtown business district; multifamily dwellings are prohibited. 

Town Manager Julia Latter said the finalized warrant will be available at the town office or online in a few days.

“The reality is many of the (commercial buildings’) upper floors have residential occupancy constituting multi-family dwellings. These are legally non-conforming uses,” Hamblen said. “Changes were presented to prevent conversion or construction of new single-family residences and allow multi-family housing on the upper floors.” Selectmen liked the overall concept, but believed the proposal needed more specific language prior to adoption. 

The second proposal which failed to garner warrant adoption regarded setback requirements in “growth areas.” The planning board describes growth opportunities as limited in the downtown business district. The change would extend lot lines for upgrades including sprinkler fire protection. Instead, selectmen believed a reworked version would answer several unanswered concerns.

In other action, selectmen approved three liquor and two victualers’ licenses. The 1901 Bar and Grill on Bridge Street received a renewal for a malt, wine and spirits license. Cap’n’Fish Holdings, LLC. on Commercial Street received a license renewal for malt, wine and spirits for vessels Pink Lady and Harbor Princess. McSeagull’s Restaurant on Wharf Street received a malt, wine and spirits renewal. Waves Restaurant on Commercial Street and Thistle Inn on Oak Street received new Class H victualer’s licenses.

Ron Cohen resigned from the board of appeals, and selectmen appointed him as a planning board alternate. Selectmen appointed William Prince and Ken Bradsell to the appeals board. Selectmen also recognized Trish Fallon for her 11 years as deputy town clerk. March 28 was her last day in the office. Emma Holmes succeeds her as a deputy clerk. Holmes is also assistant tax collector, assistant treasurer and secretary to the town manager.

Selectmen meet next at 6 p.m. Monday, April 10 in the conference room.