York Town News
Selectmen discuss Atlantic House, Nubble Light and Passaconaway Bridge at first meeting after the election
By Jennifer L. Saunders
YORK - Just two days after the town election, the new Board of Selectmen got right to work a look at some key issues facing the town.
But first, Selectmen Chairman David Marshall told his fellow board members at the meeting on Monday, May 21, that he would not be seeking another term as chairman.
"It became way too easy for me to spend a lot of time on that, and I need to start spending some time on other things," Marshall said, adding that he believes that after two years as chairman it is important to "pass the torch" to another member of the board.
Selectman Dwight Bardwell nominated Mike Estes to be chairman, and that move was approved without objection. Bardwell then asked Marshall if he would accept the nomination of vice chairman, which he did.
Passaconaway Bridge
With new officers in place, the full board, which also includes newly-elected Ted Little, filling the unexpired term of Torbert Macdonald, Jr., and Kinley Gregg, who was elected over incumbent Len Dorrian, heard from Town Manager Rob Yandow that Passaconaway Bridge would finally be open for traffic this week.
"The Passaconaway Bridge should be open for business this Friday afternoon," Town Manager Rob Yandow told the board.
Yandow acknowledged the goal for the replacement of the bridge, which was destroyed just over one year ago in the Mother's Day storm of 2006, was to have it open in time for Memorial Day weekend and the official start of the summer tourism season in town.
Yandow said a formal ceremony will be held at a later date, as some cleanup work will remain before any grand opening can occur, but that the bridge is scheduled to be open to traffic this Friday.
On the Nubble
Parks and Recreation Director Michael Sullivan then told the selectmen the town's most photographed landmark has suffered some serious storm damage.
During the Patriot's Day nor'easter, Sullivan explained, the Cape Neddick Light Station sustained significant damage to its roof and boat ramp, with portions of the island literally swept away in the storm and the exterior staircase from the boat ramp to the lighthouse's lawn undermined.
"It was a week before the ocean calmed down enough for us to get out there," he said.
Illustrating his talk with photographs of the damage to the island, Nubble Light and Sohier Park, Sullivan told the board the town is waiting for the Federal Emergency Management Agency's reaction to the damage.
At this point, Sullivan said, "What we're most worried about is that a secondary storm could do major damage."
Waves crashed against the island and lighthouse at the height of the storm, breaking glass from a window in the lighthouse some 25 feet off the ground and decimating a memorial garden at the nearby park. There is damage to the tram building and the soil beneath the exterior stairs, which provide the only access from the boat ramp to the island for repairs, was swept away by the sea..
"The ocean came in and undermined this whole area," Sullivan said, adding that the point of access is not only needed for maintenance to the lighthouse and grounds but is a requirement in the town's ownership agreement with the Coast Guard for the Nubble.
He told the board that repairs on the island - of any kind - are "astronomically expensive" because of the difficulty of transporting supplies and scheduling crews to work there.
"It's only a couple of hundred feet from the mainland to the island, but it might as well be five miles," Sullivan said.
One dramatic photo showed a gaping hole in the side of the island where rocks and soil had been torn away, with the lighthouse nearby.
"The house sits entirely on ledge. ... I think the lighthouse is structurally sound," Sullivan said, adding that when it comes to the damage to the island itself, "I can't begin to imagine what it would cost to repair it."
Bardwell said it becomes a question of how to rebuild the island after the storm.
"It took quite a beating out there," Sullivan said, "Believe it or not, there was debris inside the tower."
The board took no action at this time, as Sullivan's presentation was designed to familiarize the board with the issue as the Parks and Recreation Department works to address the damage.
Inside the Atlantic House
A former chairwoman of the Historic District Commission had the Board of Selectmen talking about the ongoing Atlantic House project in York Beach.
"When I was the chair of the HDC, the agreement that was made was that this group would be allowed to declare it a building of historic significance as long as they came back to the HDC with any changes in the plans," Helen Rollins Lord told the selectmen during the public input portion of the meeting.
The Atlantic House redevelopment won Planning Board approval with the support of the HDC last year. As part of the approval, the developer was given a density bonus for dwelling units at the site due to the historic significance of the building, a Victorian-era hotel.
However, Rollins Lord told the selectmen, she does not believe any notification was made to the HDC of changes to the interior of the building.
"My personal opinion is ... they were given the world for not a whole lot," she said, adding, "that building is no longer historically significant. ... I think they took huge advantage and I, as a private citizen now, really object to people being given that kind of leeway when they're not willing to follow very simple rules."
She questioned the role of the Code Enforcement Office and Planning Board in the process.
"I'm very concerned that people do not value the historic buildings in this town the way they should," she said.
Later in the meeting, Bardwell brought the issue up again, telling the board he felt he had to open this "can of worms" based on Rollins Lord's concerns and others he has heard about the project.
He pointed out that the HDC has had three of its chairs resign within the last year, and suggested sending a letter to current HDC Chairman Bob Cutts for feedback as to what the committee's issues are and how the board can support the committee's members.
"I think it might help them if we create a dialogue with them," he said, adding, "I'd like to find out what's going on because I think it's a really important thing."
The selectmen asked Gregg for her input, as a former member of the HDC for many years.
At the time that she served, Gregg said, "We were not getting support from the town, and I don't really think that has changed. ... The town just did not prioritize helping us out. ... I was putting my personal credibility on the line, and I wasn't getting any help."
Marshall said that in addition to meeting with the committee, the selectmen should look into the Atlantic House issue further.
"I agree with Helen Rollins Lord that there could be an issue here," he said.
Estes said the Atlantic House's historic designation allowed the builder more flexibility with density.
"This is not an indictment against any particular person or group ... but it seems to be colossally unfair to other builders in the town," Bardwell agreed. "... What recourse is there? Is it a Code Enforcement issue? Is it a selectmen's issue? Is it a legal issue? ... It's a really big can of worms."
Marshall, who served on the Planning Board for many years before becoming a selectman, said there are separate regulations governing historic conversions.
"If you just look at our zoning, they would have the right to take the whole thing down and put it back up," he said, but added the HDC rules that paved the way for the density allowance require a significant portion of what is historical about a building to remain.
Marshall asked Yandow to discuss the issue with Town Planner Steve Burns and suggested the board look to the Planning Board for guidance.
"All I'm looking for out of this is fairness to everybody," Bardwell said, stressing any density bonus should require meeting the letter of the law.
In other business
Also at the meeting, Yandow updated the board on efforts to share services with the town of Kittery after a regional meeting last month. The first area in that effort is Geographical Information System needs for that town, and whether York can share its service with Kittery.
"Our GIS certainly is, in my view and in many other people's views, certainly the best in the area," he said.
He also informed the board that the town's mosquito and tick control program is being used as model for the state.
The board also unanimously approved a new license application for Daniel Favreau to open a new restaurant, to be called The News, at the former home of J. Ellen's and the CopperTop Bistro in the Meadowbrook Plaza.
"I'm hoping to get a great lunch business and early dinner crowd," Favreau told the board, adding, "I've been in the restaurant business for 29 years. ... I hope to get a license to do a little business and do a good job for the town."
The selectmen also voted to redeem properties at 210 Mountain Road, 52 River Road, 14 Long Beach Avenue and 11 Laurel Lane.
The meeting ended in an executive session scheduled for a consultation for litigation and contract negotiations. No action was taken.
