By Stowell P. Watters

Staff writer

With three public meetings remaining before the finalization of the Town Warrant and three months of discussion under their belts, the Kennebunkport Board of Selectmen have created an outline of items to be decided upon during the June vote. Town Manager Larry Mead said he would like to have the warrant articles finalized by the end of April and, although the Feb. 22 meeting was not held to approve any proposed items, it was his hope that further discussion would lead to a better town-wide understanding of the issues.

Last November a referendum item pertaining to changes in the town’s mass gathering ordinance was stricken from the ballot because of claims by the Maine Civil Liberties Union that the ordinance would be in violation of residents’ constitutional rights. The union also claimed the ordinance would vest too much power in the Kennebunkport Board of Selectmen, and therefore it was an abuse. 

Mead said his request to town attorney Amy Tchao was for her to both investigate the claims made by the Maine Civil Liberties Union and to simplify the language of the warrant article. Selectman Allen Daggett said he wanted more time before discussion of Tchao’s  draft, the board agreed to resume talks on the mass gathering ordinance at a later meeting.

According to Mead, when the town’s zoning ordinance was established approximately 100 years ago, officials at the time did not add golf courses as potential conditional use zoning areas. The Cape Arundel Golf Course, the only golf course in Kennebunkport, was not identified as a conditional use facility when the village residential zone was created. Because the course is without conditional use status, changes to the grounds require management to receive a variance change from the zoning board of appeals and then must go to the planning board with a formal request of change.

The planning board approved the changes, but still, Mead said, voters must pass the item. Selectman Chairman Mat Lanigan said the issue of the golf course not being zoned as conditional use “a simple oversight.”

Kennebunkport resident David James asked whether or not the language would allow residents within the proposed zoning change to create smaller golf-related businesses. Mead said the language would be “tighter” when and if the article appears on the final warrant, following a discussion with the planning board as to how to proceed – with or without the inclusion of smaller golf businesses.

Kennebunkport voters will be asked to create a board of assessment review for use in hearing the appeals of property tax value decisions as the town’s assessor makes them. York County Commissioners currently hear all appeals and Mead said this change to the town’s administrative code would “allow the town to keep things in house.”

With 251 valid Kennebunkport voter signatures to date, a valid petition to repeal Article 13 of the town’s land use ordinance may appear on the warrant. Article 13 allows for contract zoning which gives residents the opportunity to spot change their zone. The town’s first application for a contract zone was voted down in last November’s referendum.

Another proposed warrant article would give residents a chance to amend Article 13. According to Mead, changes would “provide for joint consideration of contract zoning by the planning board and selectmen,” with that meeting being presided over the acting selectmen chairman. A mandatory public hearing would also occur early on in the zone change application process.

The growth planning committee has proposed a change to the town’s administrative code, which would allow room for two alternate positions on their board. The committee is also proposing an article that would create minor changes to the table of contents and introductory chapter to the Kennebunkport Comprehensive Plan.

Currently in Kennebunkport, residents transferring registration from a vehicle of higher value to a vehicle of lower value are not rewarded a credit. The Selectmen have approved the change to allow residents a refund credit for this transfer but state law mandates that the article be voted upon by residents.

The Maine Department of Environmental Protection (DEP) has changed the language of the mandatory shore land zoning regulations. A proposed warrant article – changes to articles 1, 2, 8 and 9 of the land use ordinance – is the result of the shore land zoning committee’s modification of the town’s land use ordinance in compliance with this new language. Chairman of the shore land zoning committee, Chris Perry, said changes are above and beyond the DEP mandates.

“We picked up the new DEP language, and we picked up  a few sections in our ordinance we felt should be retained,” Perry said. “And we can add a definition about golf courses, if that is what people want to do.”

A detailed list of all of the proposed articles is available at Kennebunkport Town Hall.

To contact Stowell P. Watters call 282-4337, ext. 219 or email news@kennebunkpost.com.