Ogunquit News
Legal counsel advises town on implications of Supreme Court ruling
By C. Ayn Douglass
Town Attorney Patrick Scully gave his opinion on a recent Supreme Court ruling regarding growth expansion and its impact on congested intersections at Monday's Planning Board meeting. Although traffic congestion is at its peak in July and August, Ogunquit has become a three-season destination and the level of service of the busy intersections is determined by National Transportation and Safety Board studies. The proposed Ogunquit Village Estates, a 34-unit active adult community, has been ruled as having an adverse impact on the already D-rated intersection of Berwick Road and Route 1.
Photo by C. Ayn Douglass
Town Attorney Patrick Scully was asked to interpret a recent Maine Supreme Court ruling upholding an earlier decision made by the Superior Court that overturned a decision made by the board to allow a subdivision permit for a development on Berwick Road.
An abutter to the project, William Bodack, took his case to court in William Bodack vs. Town of Ogunquit, citing a negative impact on a nearby intersection. The Berwick Road and Route 1 intersection is considered a D-rated intersection and further development would reduce the street's level of service.
While subdivision standards stipulated a less-than-substantial impact to the nearby intersection, both courts made their decision based on section 8.13 of the zoning ordinance that stipulates zero tolerance for intersection impact. Scully said the courts will always uphold the stricter of two ordinance standards.
The Supreme Court, Scully said, supported Bodack in his assertion that the zoning ordinance requirement was not met in the plan for Ogunquit Village Estates as proposed on Berwick Road.
"The Nov. 7 decision (by the Supreme Court) said the zoning ordinance was stricter and the stricter of the two standards had to apply," Scully said.
The decision sets the tone for future development on any level allowing no diminishment standard of an existing intersection, he said. Further, Scully believes it will be difficult to distinguish the court decision and restrict it to only subdivisions.
On Dec. 20, Town Manager Phil Clark spoke with Land Use Director Paul Lempicki and told him to stop issuing any building permits for new construction until Scully had interpreted the court's decision. Lempicki expressed concern about permits for single homes that had already been approved and for future requests. Lempicki said he had heard rumors that the contractors were banding together to sue the town.
Scully said he believes the zoning ordinance would be applicable to all expansion in town, whether it was a single home or a subdivision, but said, "I don't think that means the town can't approve something, but if it's going to negatively effect a nearby intersection" it would be in violation of the zoning ordinance.
He advised the board to revise the zoning ordinance as soon as possible and, in the meantime, to launch a public relations campaign to create an understanding with the public asking for their patience until the town can solve the problem.
"I don't think this particular situation constitutes a moratorium officially, but do outreach within the community," he said.
