Letter: Support repeal of contract zoning (May 23, 2008)
Editor:
On June 10 the citizens of Kennebunkport will have the opportunity to vote on either repealing or amending Kennebunkport’s land use ordinance permitting contract zoning. The state of Maine permits contract zoning so that towns can meet unfilled municipal needs. Contract zoning allows towns to rezone an existing zone in order to issue a permit that could not otherwise be issued. Under contract zoning the petitioner is something the town needs and cannot in any other way obtain. The town can stipulate what it will accept as a gift from the petitioner in order to issue the permit requested. For at least the following four reasons I urge the good citizens of Kennebunkport to vote to repeal the land use ordinance rather than to amend it.
First, contract zoning in practice invariably favors the wealthy, or developers, or those selling land to developers, or those local merchants who earn a livelihood from the tourist trade. In this way contract zoning discriminates against the less affluent people who might want a variance from a land-use ordinance but would have nothing of value with which to legally bribe the town. Contract zoning also implicates the town in legally extorting property or benefits the town would ordinarily need to purchase. In short, contract zoning is unfair to ordinary citizens who have none of the economic resources necessary for bypassing established land use ordinances.
Second, if there is a good reason for allowing contract zoning it must be that it tends, when properly implemented, to benefit the town by meeting an unfilled and non-controversial municipal need that cannot otherwise be filled. To do that the citizens of Kennebunkport must have confidence in the judgment and competence of both the board of selectmen and the planning board to implement contract zoning in an unbiased way. Such implementation should not be used as an instrument to benefit a disproportionately small group.
The citizens of Kennebunkport, however, do not have the required confidence that the board of selectmen can implement contract zoning in an unbiased way. After all, the majority of the members of the board of selectmen earn their livelihood from the tourist trade, and so they invariably advocate increasing tourism as a municipal need, when in fact the economy of the town is almost exclusively based on revenue from residential property taxes.
As further evidence undermining confidence in the board of selectmen, the town’s defeated effort last year to convert the Tides Inn to a set of condominiums under contract zoning was the subject of an eight count legal suit filed before the vote by local residents against the board of selectmen and planning board. The suit was dropped after the citizens voted to defeat the Tides Inn conversion with 55 percent of the vote. Not only was the town cited in that legal action for violating several of its own ordinances, but also for violating state laws. The citizens of Kennebunkport do not need any more embarrassment of this sort; and no amount of amending the current contract zone ordinance by the board of selectmen can inspire the necessary confidence in the current board of selectmen. This board of selectmen continues to think that the defeat of the Tides Inn proposed conversion was simply a function of 55 percent of the voters not understanding contract zoning in general. It never occurred to them that the citizens might understand very well what contract zoning implies and simply wanted to reject it for the difficulties and inequities involved in implementing it in an unbiased way.
Inevitably, under this board of selectmen contract zoning will be used primarily to advance and continue uncontrolled development for tourism at the expense of the residential character of the town. Indeed, it is safe to say that tourists come to visit our town because of its unique residential nature and not because it is a resort destination.
Third, we do not need contract zoning. We never needed it. Any non-controversial municipal need that the future may bring we will be able to fill simply by following the existing land use ordinance.
Lastly, citizens should be reminded that a promise was made by the former board of selectmen that contract zoning was to be temporary and would be repealed after the vote on the toilet at Goose Rocks Beach. Goose Rocks Beach now has two very successful seasonal toilets. It is time to repeal contract zoning.
Vote “Yes” on Question No. 9 to repeal contract zoning and vote “No” on Question No. 8 to amend it.
Peter Gray
Kennebunkport
On June 10 the citizens of Kennebunkport will have the opportunity to vote on either repealing or amending Kennebunkport’s land use ordinance permitting contract zoning. The state of Maine permits contract zoning so that towns can meet unfilled municipal needs. Contract zoning allows towns to rezone an existing zone in order to issue a permit that could not otherwise be issued. Under contract zoning the petitioner is something the town needs and cannot in any other way obtain. The town can stipulate what it will accept as a gift from the petitioner in order to issue the permit requested. For at least the following four reasons I urge the good citizens of Kennebunkport to vote to repeal the land use ordinance rather than to amend it.
First, contract zoning in practice invariably favors the wealthy, or developers, or those selling land to developers, or those local merchants who earn a livelihood from the tourist trade. In this way contract zoning discriminates against the less affluent people who might want a variance from a land-use ordinance but would have nothing of value with which to legally bribe the town. Contract zoning also implicates the town in legally extorting property or benefits the town would ordinarily need to purchase. In short, contract zoning is unfair to ordinary citizens who have none of the economic resources necessary for bypassing established land use ordinances.
Second, if there is a good reason for allowing contract zoning it must be that it tends, when properly implemented, to benefit the town by meeting an unfilled and non-controversial municipal need that cannot otherwise be filled. To do that the citizens of Kennebunkport must have confidence in the judgment and competence of both the board of selectmen and the planning board to implement contract zoning in an unbiased way. Such implementation should not be used as an instrument to benefit a disproportionately small group.
The citizens of Kennebunkport, however, do not have the required confidence that the board of selectmen can implement contract zoning in an unbiased way. After all, the majority of the members of the board of selectmen earn their livelihood from the tourist trade, and so they invariably advocate increasing tourism as a municipal need, when in fact the economy of the town is almost exclusively based on revenue from residential property taxes.
As further evidence undermining confidence in the board of selectmen, the town’s defeated effort last year to convert the Tides Inn to a set of condominiums under contract zoning was the subject of an eight count legal suit filed before the vote by local residents against the board of selectmen and planning board. The suit was dropped after the citizens voted to defeat the Tides Inn conversion with 55 percent of the vote. Not only was the town cited in that legal action for violating several of its own ordinances, but also for violating state laws. The citizens of Kennebunkport do not need any more embarrassment of this sort; and no amount of amending the current contract zone ordinance by the board of selectmen can inspire the necessary confidence in the current board of selectmen. This board of selectmen continues to think that the defeat of the Tides Inn proposed conversion was simply a function of 55 percent of the voters not understanding contract zoning in general. It never occurred to them that the citizens might understand very well what contract zoning implies and simply wanted to reject it for the difficulties and inequities involved in implementing it in an unbiased way.
Inevitably, under this board of selectmen contract zoning will be used primarily to advance and continue uncontrolled development for tourism at the expense of the residential character of the town. Indeed, it is safe to say that tourists come to visit our town because of its unique residential nature and not because it is a resort destination.
Third, we do not need contract zoning. We never needed it. Any non-controversial municipal need that the future may bring we will be able to fill simply by following the existing land use ordinance.
Lastly, citizens should be reminded that a promise was made by the former board of selectmen that contract zoning was to be temporary and would be repealed after the vote on the toilet at Goose Rocks Beach. Goose Rocks Beach now has two very successful seasonal toilets. It is time to repeal contract zoning.
Vote “Yes” on Question No. 9 to repeal contract zoning and vote “No” on Question No. 8 to amend it.
Peter Gray
Kennebunkport
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