Letters to the Editor
Support Article 6 at Ogunquit's town meeting June 13
Dear Independent,I am writing to express my strong support for Article 6 on the warrant for the June 13 town meeting.
There's no good reason why the LBD Zone should be the only business zone where restaurants can't serve food outside when there's no facts to justify treating them differently. Plus, Article 6 doesn't allow restaurants to just start serving food outdoors whenever they feel like it. They can't start serving meals outdoors unless they get the Planning Board's permission, which requires them to pass dozens of tests under the Site Plan Review process we all just adopted at the Annual Town Meeting.
I attended the Planning Board's hearing on May 22 where they discussed Article 6. Several of my neighbors and I told the Planning Board that we were very much in favor of allowing outdoor dining at restaurants in the LBD zone. Only a couple of people were against it, but none of them were residents of the LBD Zone.
It's not as though the townspeople weren't notified about the hearing. Everyone, including myself, received both the Planning Board's notice of the hearing AND a flyer written by supporters of Article 6 that showed the date of the hearing. If anyone who actually lives in the LBD zone was really upset about allowing outdoor meals at restaurants in the LBD Zone, they knew when to come to the Planning Board and state their objections. But no one did, as pointed out when one of the Planning Board members asked if there was anyone present from the LBD Zone that would be affected.
After speaking at the Planning Board hearing myself and listening to my neighbors, I decided to go home after the public hearing was closed. I never suspected that the Planning Board would later try to talk Article 6 down. How could they, when the majority of the voters who actually came to the hearing were in favor of allowing outdoor dining at restaurants in the LBD Zone? Even the chairman of the Zoning Board of Appeals didn't object to the change and, in fact, stated that he could support it if the Planning Board would insure that each application meets all the Site Plan Review criteria.
However, it's my understanding that the very next day, the word around town was that, after the public hearing had ended, neither the Planning Board, the CEO or Mr. Lockman had had one good thing to say about Article 6. I was flabbergasted when I heard that this was the position they were taking. In my opinion, the Planning Board, Mr. Lempicki and Mr. Lockman are supposed to respect the will of the voters, not to push it aside whenever they want something different from what the voters want and who will ultimately decide the issue!
Article 6 is a great idea, and the only people who seem to be against it are relying on fear and speculation - not facts. I ask you to join me in voting Yes on Article 6 on June 13.
Al Johnson
Ogunquit
Facts show Article 6 is the right choice for Ogunquit's LBD Zone
Dear Independent,As an Ogunquit taxpayer and businessman, I was appalled by the misinformation that the Planning Board and Land Use Office have been disseminating about Warrant Article 6, which would allow restaurants in the LBD Zone to request outdoor seating subject to Site Plan Review by the Planning Board. As one of the authors of Article 6, I strongly support it, and I urge all Ogunquit citizens to get the true facts so that they may make an educated vote on June 13. Here is what the Planning Board and Land Use Office are saying about Article 6, followed by the true facts.
The Land Use Office told an Independent reporter that there were "20 restaurants" in the LBD Zone. There are currently only seven active restaurants in the LBD Zone. Overstating by double the number of restaurants possibly affected by Article 6 cannot be explained as mere human error Rather, the Land Use Office's knowing misrepresentations to the public about the number of restaurants in the LBD Zone indicates a conscious effort to generate opposition by any means, regardless of their legitimacy.
On the map it prepared for the Planning Board's public hearing, the Land Use Office depicted the Hartwell House Inn as a restaurant. As the Land Use Office well knows, the Hartwell House Inn is an inn. The nearest restaurants at Thompson Green are the Blue Elephant and the Swan Bistro across the street at Thompson Green, and 98 Provence and Poor Richard's Tavern, just a few steps above and below Thompson Green on Shore Road. The Hartwell House Inn serves breakfast only, which means that it is, at most, a "bed and breakfast" rather than a "restaurant" as defined in the Zoning Ordinance.
Michael Score, a member of the Planning Board who lives on Shore Road on the opposite side of the Josias River, stated that although he has a hearing impairment he had still registered several complaints with the Ogunquit police concerning noise emanating from the Swan Bistro. No noise complaints have ever been logged with police regarding the Swan Bistro. I spoke with a representative of the police and was told that it is required to keep an electronic log of all complaints lodged with the department … they reported that there were no such complaints. For a public official, speaking in his official capacity at a public hearing, to spread false information about any subject betrays the public's trust in Ogunquit's elected and appointed officials.
Board member Muriel Freedman contended that outdoor seating at a restaurant cannot possibly meet the noise standards of Ordinance § 8.9 (B), which limits "continuous, regular, or frequent" sound to (a) 60 dB(A) between 7 a.m. and 10 p.m., and (b) 50 dB(A) between 10 p.m. and 7 a.m. First, it is important that I state that I am a registered professional engineer in the state of Massachusetts and am qualified to speak to this issue. 60 dB(A) is the sound level equivalent to normal conversation, measured in close proximity to the people who are talking.
To begin with, it is unreasonable to suppose that diners seated outdoors will "continuously, regularly or frequently" speak more loudly than would be necessary for "normal conversation." Indeed, diners, whether seated indoors or outdoors, tend to speak in relatively hushed tones to avoid being overheard by other diners. Hence, it may well be that sound levels measured at the table itself will be below even 60 dB.
However, it is critical to remember that, under § 8.9 of the ordinance, sound levels are to be measured at the lot boundaries - not directly in front of the sound source. Sound levels drop off rapidly over distance, even without special screening. As you walk away from a sound source, each time you double the distance between yourself and the source, the sound level drops by 6 dB. That means that, at a distance of only 12 feet, the sound levels produced by the diners will drop below the maximum night-time sound level of 50 dB(A) in the business districts; and that at a distance of only 28 feet, the sound levels will drop below the maximum night-time sound level of 45 dB(A) in the residential districts.
Since every location is different, the "one shoe size fits all" concept is not required. The Site Plan Review process will determine whether a property requires additional considerations to meet the ordinances. Of course, Section 403.1 of the town's general noise regulations would also apply to restaurants serving outdoor meals in the LBD Zone. However, no one could seriously suggest that there is a significant risk that outdoor diners will "shout, hoot, whistle, or sing" so as to be "plainly audible more than 50 feet away."
You don't need to rely on physics to prove this point. Just consider the fact that restaurants in the other business districts, which are allowed to provide outdoor dining, are subject to the same noise standards as are applicable in every business district. Restaurants in those business districts that allow outside dining certainly are capable of complying with the noise standards - otherwise the town would have shut them down.
The Planning Board members stated that Article 6 contained no provisions that would protect residential properties in the LBD Zone from potential disturbances from restaurants that serve food outdoors. This is the misstatement that mystifies me the most. Article 6 allows the operation of a restaurant that provides outside dining only after Site Plan Review from the Planning Board. Has everyone forgotten the Site Plan Review standards that were added to the Zoning Ordinance on April 1? Even a glance at Section 6.7 of the ordinance shows that the Planning Board cannot grant Site Plan Approval unless it determines, after public hearing, that the proposed outdoor dining will meet 16 detailed standards, including the control of waste materials, odors, dust, light, vibrations and noise.
When you go to the polls on June 13, I urge you to support Article 6. If you base your decision on the facts - not on scare tactics or false information - I have no doubt that you will see the wisdom in Article 6 and vote in favor of it.
Jim Hartwell
Owner of Thompson Green
Ogunquit
York first-graders thank The Dockside for a special birthday celebration
Dear Independent,This is a letter written by first-grade students after the Lusty family treated them to a fabulous lunch at the Dockside restaurant:
Dear Mr. and Mrs. Lusty,
Thank you so much for all the great food. The chicken was awesome, we just had to have seconds. The French fries were great. M-m-m. The pasta was fantastic. The sauce had a super tomato taste. We loved all the cheese on top. The fruit on the stick was wonderful, we especially liked the strawberries. The cake with yummy, thick frosting was delicious. We loved your restaurant and hope we can eat there again. We counted about 64 boats in the harbor. You have a great view.
Thank you,
124 first-grade students from Village Elementary School and first-grade teachers
P.S. The food was better than the school food and even better than at home.
This was our seventh year of celebrating a birthday party for Mary Cassatt at their restaurant. The Lusty family has been very generous.
Thank you,
First-grade teachers at Village Elementary School
York
Selectmen candidate Smith thanks supporters
Dear Independent,I want to personally thank all those that supported my candidacy for selectman. I gave it my best and I could not have done as well as I did without your active support. I will continue to be active and gather renewed steam for next year. I will continue to pursue our common concerns.
Thank you,
Matthew Smith
Cape Neddick
Greetings from York Odyssey of the Mind teams in Iowa
Dear Independent,Greetings from Iowa! Thanks for your support. We couldn't have done it without you.
Odyssey of the Mind
Coastal Ridge Elementary School
York
Send your letters to the Editor at PO Box 6, York, ME 03909 or via email to editor@yorkindependent.net. Deadline for publication is 12:00 noon on the Monday prior to that week's publication
