Castine Patriot, 9/13/07, page 2
Castine
1. Selectmen appoint pesticide committee, hear from public about potential Abbott House sale
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By Colin Powell
In the past two selectmen’s meetings, the board was busy appointing a new pesticide committee and hearing from the public about a potential real estate transaction by the Maine Maritime Academy.
On August 21, the selectmen appointed nine citizens to a pesticide policy committee whose primary charge will be an investigation of pesticide use on public property.
Selectman David Unger expressed an interest in delaying the appointments to allow people with more background in pesticides to sign up. In response, a number of citizens present who had already volunteered for the committee expressed their opinions that more time was unnecessary and that the idea of attempting to select people with better credentials than others was against the spirit of community governance.
After discussion the board decided, 3-0, to increase the number on the committee from seven to nine, and to approve the appointments of Beverly Bishop, chairman, Gregory Dunham, Karen Siegel, Sheila Corbett, Jarlath McEntee, Jeanie Cass, Elaine Gardner, Tom Allen and Mike Mainen. All the new committee members are also members of the Environmental Health Committee. The overlap, the subject of a letter in last week’s Patriot, is intended to avoid duplication of work already done by the EHC.
In other business at the August 21 meeting, the selectmen passed a new water rate unanimously and nominated Gus Basile to represent them on the Reorganization Planning Committee, which is required to oversee the town’s participation in the school consolidation effort. The committee will consist of Gus Basile, Tom Gutow, the representative from the school board, and Tom Comiciotto, representing the community at large.
At the most recent meeting, on September 4, according to the meeting tape, the selectmen unanimously approved burying the overhead cables which currently enter Emerson Hall with the condition that it not cost more than $1,000.
The board then heard concerns from many townspeople about a real estate deal currently under contract between Maine Maritime Academy and the current owner of the Abbott House on Battle Avenue. Jeff Loustaunau, vice president for student enrollment, offered unofficial answers to questions about the school’s intentions and goals for the acquisition. As he understands it, the school is hoping to use the Abbott House as a president’s house, but only after the tenure of the current president, Len Tyler.
In response to questions about the potential for the school to demolish the house and build a new structure there, town manager Dale Abernethy explained that because the 6.52-acre plot of land is zoned for residential use, any secondary education use of that land would require a change in the zoning ordinance, which must be presented to the voters of Castine at a town meeting to approve or not.
Loustaunau also explained that, should this deal be completed, the most likely new construction project that would come from it would be a new classroom building on the interior of the main campus to replace Dismukes Hall. Currently, the Academy is restricted in its ability to create new footprints because of a state law requiring academic institutions to maintain a certain percentage of land as green space. Adding the new plot would allow a slight increase in development anywhere on campus.
Loustaunau also emphasized that everything at this point is unofficial because the real estate transaction is still under contract. Should the deal go through, however, the town would lose about $5,600 in tax revenue.
The next board of selectmen’s meeting will be on Monday, September 17, at 7 p.m. at Emerson Hall.
Castine Patriot, 9/20/07, page 1
Castine
2. Planners join community in concerns
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By Sharon Bray
A second topic of major concern at the September 12 planning board meeting, after discussion of Richard and Elizabeth Warren’s after-the-fact application to fill their back field (see separate article in this issue), was the possibility of Maine Maritime Academy buying an historic property outside the “institutional development” zone.
Although Abbott House is one of Castine’s oldest, it is not in the designated Historic District.
Board members concluded after re-reading the town’s land use ordinance that the academy could also own and use buildings in the commercial zone, which includes “education” as an appropriate activity. MMA already has property downtown and along the waterfront.
Castine’s selectmen and comprehensive plan committee had previously discussed concerns about a reported contract for MMA to buy Abbott House across Battle Avenue from the current president’s house. Deborah Pulliam bought the house from the Foote family and owned it until she died earlier this year. The Footes retained part of the land that went with the original estate, according to planning board member Doris Russell. Currently the property includes more than six acres of land behind the house.
“We believe any acquisition and use of the property by the academy would be in violation of the ordinance,” stated board member Robin Mass.
As the board discussed whether MMA could buy the property but not use it, member Frank Wiswall said he could not imagine the state allowing the academy to spend that much money on something they did not use.
The board voted unanimously to direct Code Enforcement Officer Dale Abernethy to remind selectmen that they are obligated to enforce provisions of the land use ordinance as it applies to restrictions on the academy.
In other business, the board issued a permit to Julie Van de Graaf and Jack Burke for an addition to their building on Perkins Street behind the Pentagöet Inn. The couple said they intend to live in the addition.
Planners also approved a permit for Robert and Ruth Anne Vagt to construct a porch on their house on Tarratine Street. The Vagt’s daughter, Lindsey Vagt, represented them at the meeting.
As requested by Wiswall, board members agreed that business owners could move signs from one location to another—the business not the building—with the owner retaining rights to use grandfathered, nonconforming signs.
The board also responded to a letter from a South Carolina couple interested in buying Woodrow Bakeman’s house on Water Street. The Blacks had asked whether they could tear down the house and replace it with one 30 percent bigger. They said they already had a permit from the Maine Department of Environmental Protection to replace a bulkhead between the house and the beach.
A detailed letter, signed by board chairman Richard Starke, listed all relevant sections of Castine ordinances dealing with “nonconforming” buildings close to the water. Since the property has no room for greater setback from high water, the board agreed that proposed replacement would be allowed if completed within 18 months of removal of the old house.
Castine Patriot, 9/20/07, page 6
Castine
3. Comp plan committee continues focus on relations with MMA
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By Jonathan Thomas
“Town and gown” relations and the recent meeting with representatives of Maine Maritime Academy were the primary item of discussion at the Castine Comprehensive Plan Committee’s September 12 meeting, according to Chairman Scott Vogell.
The not-yet-approved minutes of the meeting refer to the academy’s purchase of the Pulliam property on Battle Avenue, and possible growth of the student population, with a currently “targeted average of 800 students,” as issues that were talked about.
After the discussion, a motion was approved unanimously to set up a sub-committee “to draft a statement defining and supporting the relationship between the Academy and the Town.”
In other business, the committee revised a draft of a survey to be sent to the merchant/business community, and took steps toward scheduling meetings with them and other stakeholders, such as the school committee.
The final revision of the plan’s chapter on historical and archeological resources was approved early in the meeting. Tom Martin of the Hancock County Planning Commission agreed to send out drafts of the chapters on natural resources and land use that will be considered at the next regular meeting on October 10.
As requested by several of the members in a memo, the committee will also hold what Vogell described as a “work session” on Thursday, September 27, from 9 to 11 a.m. in a room at the Academy not yet determined.
Castine Patriot, 9/27/07, page 1
Castine
Abbott House for MMA president
4. Controversial real estate transaction draws statements from town and school
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By Colin Powell
“We don’t have an ulterior motive,” said Maine Maritime Academy President Lyn Tyler in a phone interview on September 26. The statement was in response to the potential sale of the Abbott House to the MMA, a matter on which the town planning board and board of selectmen have both recently weighed in on with public statements as well.
Tyler explained the detailed plans made by the Board of Trustees in anticipation of the sale. The current president’s house with its recent renovations would be used to house the Alumni Affairs offices and other school offices. Tyler emphasized that MMA prides itself on helping alumni, and providing alumni affairs with a space like the current president’s house would go a long way towards improving their mission. Tyler said the Abbott House would then become the new president’s house, and he emphasized that such a residential use has been vetted by the school’s legal counsel.
In the reasons for moving the president’s house, Tyler cited numerous drawbacks to the current location. In the fall, the house is in plain view of the dormitory and sits right next to a classroom building that is often used for lessons which require quiet, something the president’s dogs and grandchildren cannot often provide.
The sale has provoked the ire of many community members who are concerned that the school is simply buying the land and has no interest in the house. “The current administration has no short- or long-term plans for development of the land,” said Tyler.
The planning board’s statement was generated as a result of public concern that MMA’s purchase would be in violation of the town’s zoning ordinance. According to the statement, the ordinance prohibits post-secondary schools from owning property in any of the village residential districts. In the statement’s resolution, the board directs the code enforcement officer to enforce the ordinance as written and to notify the board of selectmen.
Thus, on September 21, the board of selectmen sent a letter to Victoria Larson, chairman of MMA’s Board of Trustees, as well as to President Tyler. In their letter the selectmen state that they have “obtained advice of counsel which confirmed the Planning Board’s opinion that any use of the Pulliam property by the Academy will be a violation of the ordinance.” They then state that they are prepared to take any and all actions necessary to enforce the ordinance.
The Abbott House, which is located on Battle Avenue, had been occupied by Debra Pulliam until her death in May 2007. It was then deeded to her brother, Russell Pulliam, who immediately put it up for sale.
Castine Patriot, 10/4/07, page 1
Castine
5. Selectmen take action following MMA’s purchase of Abbott House
Special meeting called to establish legal fund
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BY JONATHAN THOMAS
CASTINE—The Castine selectmen responded quickly to Maine Maritime Academy’s recent purchase of a 6.5-acre parcel with buildings known as the Abbott House. In a 3- 0 vote October 1, they authorized their attorney to “immediately…initiate declaratory judgment or other appropriate legal actions” against the Maine Maritime Academy.
The 4 p.m. meeting began 15 minutes early to allow the board to hold an executive session in a nearby room for a telephone conference with the attorney. The board returned to a nearly filled meeting room at about 4:25.
Chairman Peter Vogell asked Selectman David Unger to speak for himself and fellow Selectman Gus Basile.
Unger said that from newspaper and other reports, the selectmen believe “the academy intends to proceed with uses of the Abbott House property in such a way that we believe would violate our zoning ordinance.” He then moved that “the selectmen authorize our attorney immediately to initiate declaratory judgment or other appropriate legal actions to stop those uses.”
The motion was immediately seconded and approved 3-0 without debate, as one of the nearly 50 people in the audience said, “Go for it.”
The Abbott House matter next came up when the board voted to approve a warrant for a special town meeting for Monday, October 15, at 7 p.m. to approve the transfer of $20,000 to the legal account from the town’s surplus “to fund anticipated legal fees required to enforce the municipal zoning ordinance.”
A companion warrant article proposes to transfer $20,000 to the Elm Tree Care account to cover damage from the September 26 storm.
The academy purchased the historic residence known as the Abbott House on Battle Avenue on Thursday, September 27, according to its president, Leonard Tyler.
When word of the MMA’s proposed purchase became public knowledge several weeks ago, many Castine residents, and the planning board and selectmen, expressed concern that the acquisition and proposed usage would be a violation of the town’s zoning ordinance. (See Castine Patriot, September 27.)
The selectmen received a written opinion from Christopher Vaniotis, of the Portland law firm Bernstein, Shur, Sawyer & Nelson,that the town’s ordinance would not prohibit the academy from buying and owning the property. However, the opinion said, because the property is in the Village III District, “any use of the property…in support of or in connection with [MMA’s] educational mission could be viewed as an institutional use” which is “not permitted” in that district.
Addressing the proposed use as the home for the president of the academy, the town’s attorney wrote, “I think the Town could conclude that a home maintained by the Academy for use by its chief administrator is an integral component of the post-secondary school, and is therefore an institutional rather than a residential use, and would not be permitted in the Village III District.”
Academy president Leonard Tyler said in a telephone interview October 2 that although he had a copy of the letter quoted above, “We feel a residence is a residence.” He said that the main floor of the current presidential residence would continue to be used for events such as anniversary class receptions, although the upstairs areas would become offices for alumni affairs.
He acknowledged that after the president and family move into Abbott House, the president may hold small dinner parties, for perhaps two couples, or have a private dinner for a major donor and spouse.
Tyler said at the time of the call that he was not ready to share the MMA attorney’s written opinion on the usage issue raised by the town and its attorney. He said also that he preferred to withhold the name of their attorney because he had just been re-hospitalized due to an earlier foot injury. The Abbott House was purchased for the asking price of $1.45 million, according to Tyler. It included 6.5 acres of land. Tyler said that “absolutely” there are no plans for the use of the land.
Another concern that town officials and others have expressed is that the academy’s ownership of additional land would provide space for additional structures, utility installations, or parking.
Attorney Vaniotis wrote that use of land “in the Village III District to enable or support development within the main campus in the Institutional Development District also would not be supported by the Zoning Ordinance.”
He added that the land also could not be used “to meet quantitative standards, such as lot area, lot coverage or impervious surface ratio, for development in the Institutional Development District.”
This statement was in response to Town Manager Dale Abernethy’s question about whether the purchase of undeveloped land would facilitate development on the main campus where density or other limits had been reached.
The town’s attorney emphasized that a stated purpose of the Institutional Development District, which contains the academy, is “to limit the further expansion of existing institutional development into adjacent highdensity residential areas” (Section 4.2.6).
Tyler acknowledged that some persons critical of the academy’s action have cited a portion of the academy’s strategic plan, vision and mission statement which lists “investigat[ing] opportunities for expanding student housing” as an objective.
Tyler said that the academy has added a total of 75 on-campus beds through dormitory and apartment renovations that “took the pressure off. Right now we are not looking.”
He said that because some students commute from Blue Hill and Bangor, a future fund-raising campaign might lead to student housing on land the academy owns in nearby Penobscot.
In response to claims that the campus has been expanding, Tyler cited properties on Tarratine and Court streets that the academy has sold in recent years.
Tyler said that he regretted that there was not more time for an extended public discussion before the sale closed, but that a major time constraint was the previously scheduled trustees’ meeting.
Tyler said that he has lived in Castine long enough to “not be that surprised” about some of the negative comments. However, he said he was “embarrassed” for the town because of a recent incident in which a hammer was thrown through the window of the real estate agency handling the Abbott House sale, Saltmeadow Properties on Main Street.
Susan McNair said that the hammer, with an attached note, was thrown through the front window of her company’s office sometime after 11 p.m. on Thursday, September 27. She said she did not know the contents of the note.
State trooper David Barnard, who is investigating, described the hammer as a small sledge hammer, painted green, that weighs about two pounds with a handle about 18 inches long.
He declined to disclose the exact contents of the note, but said that its meaning was not clear. He said that he could not prove that the event was connected with the sale of the property, but that it was “definitely done with a purpose,” and not by someone just running down the street.
Barnard asked that anyone who has knowledge or information about the event to call him, anonymously if they wish, at the state police office in Ellsworth, 667-5697, or the Orono office at 800-432-7381.
Regarding the town’s impending legal action against the academy, attorney Geoffrey Hole of Bernstein Shur said on October 3 that it was too soon to say how soon the suit for a declarative judgment would be filed with the Superior Court, and how long the process would take.
Declarative judgments are defined in the online edition of the Thomson-Gale Law Encyclopedia as “…a type of preventive justice because, by informing parties of their rights, they help them to avoid violating specific laws or the terms of a contract.
“Individuals may seek a declaratory judgment after a legal controversy has arisen but before any damages have occurred or any laws have been violated. A declaratory judgment differs from other judicial rulings in that it does not require that any action be taken. Instead, the judge, after analyzing the controversy, simply issues an opinion declaring the rights of each of the parties involved.”
Castine Patriot, 10/11/07, page 3
Castine
6. Realty office vandalism condemned
Connection to controversial sale still not clear
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By Colin Powell
After a small sledge hammer was thrown through the window of Saltmeadow Properties’ Castine office, the town was a-buzz with rumors of why it had happened and who had done it. Chief among the rumors was that Saltmeadow’s role in the recent sale of the Abbott House to the MMA instigated the vandalism.
Bill Prindle is the organizer of the Web site www.mmawatch.org, which is dedicated to providing community updates on the sale of the Abbott House to the Maine Maritime Academy. As a leading figure in the community’s resistance to the transaction, Prindle was quick to condemn the act of vandalism.
“[Saltmeadow] sold a property. They have nothing to do with the problems others might have with [the sale],” said Prindle in a phone interview. He also said that he believes the sale of the Abbott House was probably the excuse, but he is not so sure it was the cause of the vandalism.
In a phone interview, state trooper David Barnard said his investigation is still ongoing and has not uncovered any leads yet. There was a note attached to the hammer, though Barnard’s previous statement to the press indicated that the meaning of the note was not clear and they still do not know what was the actual motivation behind the vandalism.
Regardless of who threw the hammer or why, the MMA finalized their purchase of the property on September 27. The townspeople’s fight to preserve the Abbott House as a private residence will now have to proceed via a court room. There will be a special meeting on Monday, October 15, at 4 p.m. where Castine voters will be asked if they will transfer $20,000 from the town’s surplus account to their legal account to fund anticipated expenses. For more on the specific legal avenues the town will be taking, see the October 4 edition of the Castine Patriot.
Castine Patriot, 10/11/07, page 1
Castine
Special town meeting set
7. Storm clean up continues as stories of the event surface
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By Colin Powell
The landscape of the town changed in twenty minutes. The storm of September 26 tore up 150-year-old elms and young maples alike. But almost as quickly as the storm struck, workers were mobilized to begin the clean up, doing a remarkable amount of work in a short period of time.
While all the streets are now passable and many of the larger blown down trees have been hauled away, more blow downs still line the streets. A walking tour reveals that clean up efforts will continue for some time. Ditches and yards full of trees hastily cut to allow traffic through streets like La Tour and Madocawando will have to be cut up and hauled to the dump.
In some places trees continue to fall. Talking with an employee at the Golf Pro Shop about the state of the course, she said they lost nearly ten trees, and some fell days after the storm or are still waiting to fall, their root structure compromised by winds reaching speeds of 95 miles per hour.
For most of town, however, the destruction of the storm is in the past. On the corner of Main and Court Streets, Jim and Leila Day’s house was one of the unlucky few to be hit directly by a falling tree. An elm on the Van Horn’s property across Court Street crashed down on the westernmost corner of their house as they were packing to leave town. Needless to say the couple did not make it to St. Paul, Minn. that night.
Leila Day described the events as chaotic. Like many residents, she heard about the storm via the emergency alert on the radio and was surprised when only minutes elapsed before the house was pelted with what sounded like hail. It was then, too, that Day heard screams outside.
Struggling to open the side door against the wind, Day found two MMA students who, on their way home to Green Street, had been frightened by the sudden gusts of wind and cracking noises from nearby elms. As the two girls slipped inside, leaves and rain blew horizontally clear across the room. It was soon after that the first elm fell, though which one, the Days could not say.
The confusion they felt was much the same all around town, as many people did not realize how much damage had occurred until the next morning. The Days had an idea that night, however, as the storm ended as quickly as it came and the two MMA students looked for a way out of the house. “Nearly all the doors were blocked by trees,” said Leila Day. Besides the one from their next-door neighbor’s property, the Days also lost an elm on their own property which had stood on Main Street for at least the past 150 years, said Jim Day.
He also noted an odd detail; two mechanical clocks on the second floor of the house stopped at the exact time one of the elms crashed into their roof. The blow was probably lessened, said Day sheepishly, by the overhead power lines, which he has been working to get buried for some time now.
Even with the softened blow, the damage done was substantial. A contractor friend of Jim Day’s came down from Ellsworth to look at the roof and commented that the tree hit with a terrific amount of force. Day did not want to think about the damage the roof would have sustained without the power lines.
While it took a contractor to see the true impact the elm had on the Day’s house, a garage on Pleasant Street did not require a second look. An elm on the border of Barbara Stearns’ property fell almost dead center on the ridgepole of the neighbor’s garage completely collapsing the rear of the building. On Tuesday, October 9, Bowden & Sons excavating service was busy hauling away the stump of the elm, which was nearly four feet in diameter along with all the other pieces.
The Blake’s house, near Dyce Head Lighthouse, sustained damage to the roof when an evergreen almost parallel to their outside wall collapsed onto it. A lot of work was done cleaning up the front yard, where over ten pine stumps attest to how lucky the house was to have been hit by only one tree.
The town selectmen will hold a special meeting at 4 p.m. on Monday, October 15, to approve a transfer of $20,000 to handle removal of the town’s elm trees, and Bob Scott has arranged to have a forester walk through town and offer advice to private landowners, advice which can be taken or not. The forester, Jeff Coombs, and Scott will meet at the entrance to Witherle Woods on Battle Avenue at 2 p.m., Saturday, October 13. Interested parties should call Scott at 326-9444.
Castine Patriot,10/18/07, page 1
Castine
Summary of Maine’s Freedom of Access Act
8. Meeting generates debate over town's position in controversial house sale
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By Colin Powell
Nearly 100 people in Emerson Hall left standing room only at the special town meeting on October 15 where two articles were passed, one unanimously and one by a two-thirds majority.
Both articles involved the transfer of funds for extra-budgetary expenses. The first article pertained to the clean-up effort after the September 26 storm: it asked to transfer $20,000 from the town’s surplus account to the elm tree fund. A citizen asked whether the money would go towards cleaning up any tree downed as a result of the storm, to which Town Manager Dale Abernethy responded “no.” The money, Abernethy explained, would only go towards making sure the elms which were damaged are made healthy and the ones which fell or were damaged beyond repair are removed. The article passed unanimously with no other debate.
The next article up for a vote was on a more contentious subject. Much debate has occurred in Castine over the recent sale of the Abbott House to Maine Maritime Academy. In a letter to the academy, the town fathers, in accordance with a planning board judgment, announced they considered the sale to be outside the rules of the town’s zoning ordinance and that they would be pursuing legal means to uphold the ordinance. For that, the selectmen decided, they would need more money for the legal fees.
The article asked the people to transfer $20,000 from the surplus account to the town’s legal fees account. But it did not pass before a number of citizens spoke their piece about the reason for the transfer.
The first question posed was how the selectmen decided on the amount of $20,000. Abernethy explained that the selectmen were asking for an amount they thought would be sufficient to cover the town’s legal expenses until the next town meeting. Another resident then asked whether consent agreements had been explored before deciding on litigation. Abernethy said no, they hadn’t, to which one person responded, “So we’re just going straight to war? Ridiculous.”
Edward Miller then got up and read a prepared statement expressing his concerns that the town may be pursuing this lawsuit too quickly without considering the possible results of an unfavorable outcome. As one potential result, he pointed out that the academy might decide to stop paying its equivalent residential taxes.
Betty Foote responded to Miller’s statement by pointing out that the town’s zoning rules were created to be applied to everyone in town equally. The academy is flexing them to fit their needs, and the town has a duty to uphold their own rules and regulations. Michael Coughlin stood up and supported Foote, stating that the issue is not about the academy but about zoning and upholding a judgment made by the town’s elected officials.
With $13,000 already in the legal fees account, one citizen brought up the issue of whether the town really needs another $20,000. Abernethy reaffirmed that this was merely a measure to insure that the town has enough money for the necessary legal proceedings until the next town meeting and that it was difficult to estimate how much or how little of the account they would need.
A motion was made to move the question, followed by a motion for a written ballot. That motion failed and the moderator, Robin Maas, then called for a voice vote. In the end, it came to a count of hands, and 52 people raised their hands in support of the article, with 20 against, passing the article with a two-thirds majority.
Many of the citizens in attendance felt that it would be quite a while before the matter was settled. The next steps to be taken were discussed in the selectmen’s meeting, directly following the special town meeting, including whether the zoning ordinance needed to be reviewed. The selectmen made a plan to meet on October 16 at 11 a.m. for an executive session teleconference with the town’s lawyers in Portland to get their advice.
Castine Patriot, 10/18/07, page 1
Castine
9. Castine’s comp plan committee considers current events, future plans
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By Jonathan Thomas
A comprehensive plan committee can usually ignore present-time events as it plans for changes that are likely to occur slowly over the next decade.
However, Castine’s Comprehensive Plan Committee, in its October 10 and 16 meetings, found itself addressing two recent events as it continued the process of preparing its new plan. These events were the devastating October 3 storm and the controversy over the September 27 purchase of the historic Abbott House by Maine Maritime Academy. Both events relate to sections of the plan draft currently before the committee.
During the committee’s October 10 session, with memories of the storm very fresh, members added the word “fragile” to the descriptions of the town’s critical natural resources.
Later in the same natural resources section the committee deleted the phrase reading “Castine’s natural resources face no immediate threats,” and added a reference to storm damage in a section describing problems of long-term erosion caused by land development that disrupts natural drainage patterns.
The agenda included reviewing the chapter entitled “Land Use,” but the committee ran out of time, and scheduled the follow-up meeting for October 16. At that meeting, Liz Parish served as acting chairman. Also present were committee members Robin Maas, Lynn Parsons, and Captain Jeff Loustaunau of MMA, town manager Dale Abernethy and Tom Martin from the Hancock County Planning Commission. At that meeting, issues involving the Academy arose as the committee took up where they had left off on the 10th.
Several times, as references to the Academy were noted in the text, committee members, including Loustaunau, who is also commandant at MMA, expressed support for a separate chapter in the plan that would focus on the Academy. This idea had been proposed at the previous meeting. Since only four members, less than a quorum of the nine-member committee, were present, no decision on whether to add such a chapter was made.
In other action, the committee replaced a reference to the Academy’s potential expansion with a sentence saying that there is a clear need for developing improved collaboration between the town and the Academy.
The committee went on to make many other changes and revisions to the eight-page draft of the chapter on land use, as it had done on October 10 with the chapter “Natural Resources.” Both these chapters are part of the inventory and analysis section of the plan, which is typically the longest part of a comprehensive plan.
Another major section of the plan deals with goals and objectives. Lee Wylie and Liz Parish led a discussion at the October 10 meeting on whether the recommendations in that section should be “hard,” with clear choices that could face opposition and possible rejection, or whether recommendations should be “soft” and more likely to get wider approval.
In response to questions about the impact of a previous plan written in 1992, Parish recalled that it did bring about some changes, though Jean Cass noted that after a few years some momentum was lost.
Consultant Tom Martin cited Bucksport as an example of a town where the manager and selectmen sustain momentum for change by addressing the plan annually and deciding what they want to accomplish in the next year.
The issue of how to present the goals and objectives is likely to come up again when the committee turns its attention to that section.
Castine Patriot, 10/25/07, page 1
Castine
Different strategies, goals
10. Citizen activists take on MMA over Abbott House purchase
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By Colin Powell
Working as a marketing director at Boston University, Bill Prindle watched Harvard buy up countless properties in Boston. He believed the school was doing the right thing. Many of the properties they were buying were derelict or vacant and they were helping improve the quality of the city. As he watched Maine Maritime Academy purchase the Abbott House he felt the exact opposite.
His public response came as discussions among residents in town became increasingly louder as MMA’s purchase seemed inevitable. Prindle said he felt compelled to organize a response in the form of a Web site. In a phone interview, he explained that, with his background in marketing, he felt there would be a community need for a Web site to make public much of what was being said in private.
Prindle’s Web site, mmawatch.org, organizes all the different opinions, statements and letters that have been presented by both sides of the issue. Though he explains that he personally believes MMA is making a mistake, Prindle said he has doubts about the school’s promise that it will not build on the land. Even more important to him, however, is the violation of Castine’s zoning ordinance, which the selectmen are seeking to enforce by litigation.
When he bought the domain name Prindle said he had nothing to put online. But as news was generated around the issue, he discovered what kind of content belonged there. Now his site is a repository of information about the sale and the circumstances around it. There is a zoning map, links to news stories and contacts at the municipal and state levels.
Prindle does admit, however, that while he began by compiling information, there is an advocacy element to the site. “Some of it is from the point of view of why the academy shouldn’t have done this.”
As a summer resident, Prindle understands that many of the people who care deeply for the town often find it difficult to keep up to date. He notes that while he has only had about 2,500 visitors on his site since he put it up in early September, they come from 21 states and four countries. “It gives them a way of finding out all this stuff which would be just about impossible if they lived in California.”
As far as what can be done about the situation now, Prindle says he wants the academy to completely divest itself of the Abbott House property. He understands that institutions need to grow, but he believes the academy’s growth will have to come from places other than its Castine properties. “There will always be resistance to that,” Prindle said, “not because the town’s against the academy, but because the town has its own heritage that it has to protect.”
When asked what the solution would be if the school did decided to relinquish the controversial property, Prindle was not so sure. For many people, the problem with the Abbott House is that it would be an expensive property sold in a public market. Anyone else who bought it would be free to knock the house down and build their dream house.
Regardless of the fate of the Abbott House, many community members are hoping to turn this recent public outburst against the academy into a chance to rebuild lines of communication. Seasonal resident Michael Coughlin has taken the initiative to set up the Castine Citizen’s Action Group, which, according to its Web site (castinepartner ship.com), is charged with giving “a strong and constructive voice in the town’s response to the Academy’s action and to promote a cooperative relationship with the [MMA].”
Talking on the phone, Coughlin said the current membership of the group was generated by going back to all the people who signed the letter of concern that circulated the community at the beginning of the Abbott House transaction. Coughlin says they now have many distinguished members of the community.
Asked whether he was satisfied with the town government’s response to the Academy’s purchase, Coughlin said the selectmen “have been absolutely courageous.” He said he commends the selectmen for “taking the high road” and following the planning board’s recommendation to pursue legal action. But, he said, there are a lot of things the town is not able to do. “They can’t approach the state government, they can’t take out ads in the paper and they can’t catalyze public opinion,” which he sees as possible avenues for the CCAG.
Coughlin said he wants to seize the opportunity the Abbott House has created and try to encourage the school to work more with the community. “There is a culture of antipathy in some of the administration at the school, and until there’s a strong commitment at the top to change the way the school interacts with the town, nothing will change.”
In his interview, Prindle pointed out that there is even some dissension from within the school. Students have created a group on the popular online social networking tool Facebook, which questions the wisdom of the trustees’ recent purchase amongst other perceived shortcomings of the school’s administrative choices. The group, begun by student Terry McGovern ‘09, states the problem as three-fold: deferred maintenance on current buildings, much money put into the current president’s house, and the lack of communication with the student body and town before the purchase.
The Citizen’s Action Group Web site can be found at castinepartnership.com and Bill Prindle’s Web site is located at www.mmawatch.org. The student group is titled “Students Opposed to Faulty Administrations,” on the Web site facebook.com.
Castine’s tax map 20 shows the Abbott House lot on parcel 8 (shaded, upper left) and the Institutional Development District (shaded, lower right). Map courtesy of the Town of Castine
Castine Patriot, 11/1/07, page 1
Castine
11. MMA’s bond money no connection to Abbott House purchase
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By Colin Powell
A bond issue of nearly the exact sum of money the Maine Maritime Academy recently paid for the Abbott House has many people curious as to how the Academy’s finances work.
As part of question 3 on this year’s referendum ballot, the Academy would receive $1.5 million for “interior and exterior renovations, improvements and additions to the campus.”
In a phone interview, vice president of finance Dick Erikson said that if the referendum is passed the school would receive $750,000 this year, and the other half next fiscal year. This year, the school plans on using the money for assessing the infrastructure on the waterfront. Andrews Hall, in particular, has stress cracks in the foundation that the school believes are the result of degrading fill that was originally used to construct the docks. The work would only be exploratory, but the result may be that immediate action needs to be taken, said Erikson.
Besides Andrews Hall, Erikson said there is also roof work on Dismukes Hall that has been deferred for a number of years and must now be done. He said it could easily cost several hundred thousand dollars to re-roof the entire building.
Lastly, the bond money would be used to continue the design and architecture work for a new campus building that President Tyler talked about during his address to the Castine Men’s Club on October 17. The intention is for the new building to be green and use as little energy as possible. Designing such a building is costly, said Erikson.
Asked about whether the bond money could be used to pay for maintenance of other buildings on campus, Erikson responded that much of the deferred work on campus this year was the result of a shortage of manpower, not finances. Curtis Hall was fitted with 40 more beds to keep students from having to move on and off the ship every term. Thus, with that out of the way the school’s maintenance crew can get to work on the more usual projects.
The second half of the money would be used in the next fiscal year, and Erikson said the school does not know yet how it would use those funds.
He also said the original proposal the school sent to the governor was for $15 million, but $1.5 million was all the state could provide.
The bond issue is in no way related to the Abbott House purchase. For that, MMA used money from a reserve account, which is composed of budget surpluses from previous years. Many schools, Erikson said, don’t have the luxury of such an account because of budget deficits. The reserve account has no defined purpose, but is generally used for emergency expenditures or for opportunities that cannot be passed up. The Academy could have taken out a mortgage to pay for the house, but Erikson said that would be like taking out a loan to buy a car when you have the cash in your pocket, saying “why pay the interest?”
Castine Patriot, 11/1/07, page 1
Castine
12. MMA board of trustees: Who they are and what they do
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By Colin Powell
A week and half before their quarterly meeting on November 9, the members of Maine Maritime Academy’s Board of Trustees broke their silence with a letter addressed to all the taxpayers of Castine. In it, the chairman of the board, Captain Victoria Larson, addressed the townspeople’s concerns over the school’s purchase of the Abbott House with statements very similar to those already made by academy President Leonard Tyler.
The significance of her remarks comes from the power the Board of Trustees holds. President Tyler serves at their pleasure, and the Governor of Maine appoints them. But who are the members of MMA’s Board of Trustees and what are their powers?
Only three members of the board do not claim Maine as their primary residence. Two of those, Robert Walker of Florida and Dale Hartford of Ohio, are graduates of the Academy. Anne Marie Samway of New Hampshire spends summers in Northport with her husband. The rest come from as far south as Cape Elizabeth and as far north as Lubec. Most board members either are or have been professionals in the maritime industry, whether pilots, executives or machinists.
Open positions on the board are filled by the Governor of Maine, as was the case this year when the board was expanded from 13 members to 16. Samway and Mary Lou Cormier of Castine were appointed. When Ward Graffam stepped down as chairman earlier this year a fourth spot was opened, and now there are two spots which are still awaiting appointment.
One member of the board serves as a student trustee. Nicole St. Pierre is from Baileyville, Maine, and serves on the educational policy and student affairs committees. St. Pierre serves as president of numerous student organizations and helps coordinate communication between the Trustees and the student body.
According to the Maine Maritime Academy’s governance Web site, http://president.mma.edu, both of Governor John Baldacci’s most recent appointees have no previous experience with MMA or the maritime industry. These are the only two such people currently serving on the board. Samway and Cormier both come from strictly educational administration backgrounds.
Cormier recently retired from the University of Maine at Augusta where she worked in health and human services. She sits on the Educational Policy Committee. She also sits with Samway on the Facilities and Property Committee. Samway worked for many years in the administration at Philips Exeter Academy. She also sits on the Endowment Committee.
Other members of the board include Chairman Victoria Larson of Auburn, who is currently vice president of technology at TD Banknorth. Vice President Richard Grosh of Brooklin was CEO of the Ranco Corporation as well as the president of Rensselaer Polytechnic Institute. Harrison Richardson of Portland is the treasurer and also a senior member of Richardson, Whitman, Large & Badger law firm.
William Bullock Jr. is from Bangor has served in numerous executive positions. Captain Susan Clark of Cape Elizabeth graduated from MMA and now pilots ships for Portland Pilot Inc. John Mooney lives in Harborside and served as Mayor of Bangor for two terms in 1973 and 1976. Captain Robert Peacock of Lubec has had many jobs but now owns and operates a seafood plant and acts as a consultant to seafood plants throughout the world. Paul Rich of Edgecomb is another graduate of MMA. He graduated in 1985 and served as a Lieutenant Commander in the US Navy for several years before acquiring a Master’s Degree from Harvard University. Robert Walker lives on Marco Island, Fla. and graduated from MMA in 1953. He has served in many executive positions as well as working with the Virginia state government to promote the state’s shipbuilding services. Elizabeth Warren of Bangor graduated from the University of Maine and has served on a number of other boards.
As for the Trustees’ duties and responsibilities, theirs are similar to many other organizations. The Academy’s by-laws state that the Trustees will have complete authority over the school and full responsibility for the governance of the institution. Thus, the Trustees are the final word in all institutional matters. Governance is accomplished by a series of committees that serve as a legislature, creating policies to be enacted by the executive power of the board.
Many of the committees are granted a certain amount of power that allows them to operate autonomous from the board itself. For example, the Advancement Committee is responsible for both the development and implementation of fundraising and support programs for the school.
The Facilities and Property Committee is given the power to authorize preliminary negotiations for the acquisition of land. Thus, when the Abbott School property was offered to MMA, the Facilities and Property Committee was responsible for making all necessary arrangements for the purchase before the final decision was brought before the whole Board of Trustees at their August 2007 meeting.
There is also a provision in the school’s by-laws that allows the board to setup ad hoc committees for special assignments. Such committees do not have to be made up of members of the board.
Because Maine Maritime Academy is a state institution and was created by a state initiative, many of the school’s decisions are made on the state level. But the Board of Trustee’s job is to consider the school from all different angles. As a national, a state and a local institution, the Academy has many different responsibilities and it is the job of the Trustees to make sure all of those are met.
Castine Patriot, 11/1/07, page 1
Castine
13. A look at the Abbott House zoning issue
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By Jonathan Thomas
The Abbott House on Battle Avenue became the subject of intense debate following its recent purchase by Maine Maritime Academy. The Town of Castine has argued through its lawyers that although it was legal for the Academy to purchase the property, it would be a violation of the town’s zoning ordinance if the Academy were to use the property as a new residence for the school’s president, as the school has said it plans to do.
The property, identified as lot 8 of map 20 on the tax maps, is wholly within the zone known as Village District III.
The zoning ordinance states in section 4.2.4 that the purpose of the three village districts is “to protect visual, historic and architectural integrity of existing village development and to ensure that future development is compatible both in character and use.”
Details of what is permitted and not permitted in the district are found in the five-page land use table in section 5.7 of the ordinance. This table lists 54 uses or combinations of uses that are either expressly permitted or prohibited in the six zoning districts and three “overlay” districts that make up the town of Castine.
One- and two-family dwellings are permitted in the V-III district. Multi-family dwellings are not permitted, nor are mobile homes. Other prohibited residential-type uses include bed and breakfasts, boarding houses, inns and hotels, cluster or planned unit development, and mixed residential and commercial uses.
Some of the uses permitted, subject to planning board review and approval are, home occupations, charitable or fraternal uses or facilities, hospitals and nursing homes, libraries and museums, and religious structures such as churches, synagogues, chapels, parish houses and rectories.
Also permitted, subject to planning board review and approval, are pre-elementary, nursery, day care, elementary and secondary schools.
However, post-secondary schools are not permitted in the V-III or other two village districts, but are permitted in the Rural, Commercial, or Institutional Development Districts.
The Academy is located in the Institutional Development District. One of the purposes of this district, according to the ordinance, is “to limit the further expansion of existing institutional development into adjacent high-density residential areas, and to preserve the unique architectural, historic and scenic characteristics of the town” (section 4.2.6).
In the debate over the Academy’s proposed use of the Abbott House as its president’s residence, the Academy President Leonard Tyler said earlier, “We feel a residence is a residence.”
This is in contrast with the town attorney’s statement that a residence for the academy’s president “is an integral part of the post-secondary school, and is therefore an institutional rather than a residential use, and would not be permitted in the Village III district.” (See October 4 issue of the Castine Patriot.)
The Abbott House sits on a 6.5-acre parcel just outside the institutional development district. Permitted land uses in the V-III include gardening, but not agriculture and animal husbandry. Timber harvesting is permitted.
Castine Patriot, 11/1/07, page 1
Castine
14. MMA in spotlight from real estate purchase
Academy trustee chairman addresses Castine's Abbott House concerns
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Maine Maritime Academy Board of Trustee Chairman Victoria Larson recently addressed the concerns of Castine citizens regarding the college’s recent purchase of the historic Castine property, Abbott House, in a letter mailed to town selectmen and all those listed in the town’s property tax roster, according to a press release. According to Larson, the letter, sent on Tuesday, October 30, sought to address citizen concerns and misperceptions surrounding the property purchase.
Larson wrote, “on behalf of the entire Board of Trustees, I would like to be clear that the board’s decision to purchase the Abbott House was based solely on its desire to utilize the Abbott House as a residence for future presidents of the college.”
She stated that the board recognizes that the Abbott property is zoned as a residential property and intends to use the house as a residence, remaining consistent with the house’s more than 200-year historical use and with town ordinances. She emphasized that the Academy has been advised by independent counsel that its proposed use of the property would constitute a permitted use of the property under Castine’s current zoning ordinances, the press release continued.
She stated that the college’s plans for the Abbott House are transparent, harboring no hidden agenda, and that the board has “offered to answer any questions and to meet with the Town’s enforcement personnel to review the scope of the planned residential use.”
She further explained in her letter that the acquisition of the property will allow the Academy to use the current president’s residence located on the campus for “other institutional purposes as part of a larger plan to make better use of the space within the existing campus footprint.”
She concluded her letter by noting the value that the board places on the positive relationship that has been developed over the years between the Town and the Academy. She wrote, “We are eager to maintain this positive relationship.” Larson’s letter to the selectmen and residents of Castine is available online on the college’s governance Web site, http: //president.mma.edu/.
Castine Patriot, 11/8/07, page 1
Castine
15. Student leaders support Abbott House purchase
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By Colin Powell
Accepting two letters at the selectmen’s meeting on November 5, Selectman Peter Vogell stated that the selectmen had received letters for and against their decision to pursue legal action against Maine Maritime Academy. Selectman Dave Unger said that, “so far, I’ve seen only letters of agreement.”
While the selectmen’s purely legal position is heavily supported by the town’s residents, it is not just the possible illegality that has students at MMA concerned. In a group created on a social networking Web site, www.facebook.com, Terry McGovern ’09 says that purchasing the Abbott House was a financial mistake and believes that the student body should have been consulted before it was finalized.
While this online advocacy has attracted 33 other members of the MMA community, it has not attracted the leaders of the student body.
In an e-mail, MMA student body president Travis Wallace ’08 expressed concern that “students are forming their opinions on potentially false information.”
Wallace went on to say that, while “the administration did not utilize our internal routes of communication to inform students about reasons for and funding of the purchase,” he believes the school made an excellent decision. He believes moving the president’s residence across Battle Avenue will free space in other buildings on campus that can be used to benefit the student body.
The Student Government Association’s executive board, Wallace said, is currently trying to bridge the communication gap which has created so much animosity between the administration and the student body.
Speaking as a fellow member of the executive board and president of Students in Free Enterprise, Nicole St. Pierre ’09 expressed her concern as well. In a phone interview, St. Pierre argued with many of the points made by McGovern in his “facebook” group’s description. She took particular issue with the claim that MMA is funded primarily through tuition payments, making the school, in effect, the property of the students.
“Tuition,” she said, “doesn’t come even close to covering the cost of students coming to MMA.” The state and alumni provide much of the money that keeps the school operating. Alumni money, in particular, is a very poorly understood source of revenue for the school. St. Pierre pointed out that many within MMA and in the greater Castine community have used the renovation of the president’s current house as evidence that the school is financially irresponsible. But renovations on the Wyman House, as it is known, were accomplished with private funding by the Wyman family, she said.
“What this shows is that there is a communication gap between the students and the town and the administration,” said St. Pierre, “and I don’t look at that as a fault of anybody.” Speaking as a member of the executive board, she said they are trying to find ways to bridge that gap. One idea SGA has come up with is a monthly newsletter which could be put in everyone’s mailboxes on campus.
St. Pierre, who is also a student member of the Academy’s Board of Trustees, says she is always looking for ways to get students in direct contact with the board. For example, she has organized a breakfast between the trustees and a group of students which will take place before the board’s next quarterly meeting scheduled for 8:30 a.m. in the Holmes Alumni Heritage Room, lower level of the Alfond Student Center, on Friday, November 9.
Castine Patriot, 11/15/07, page 1
Castine
16. MMA trustees discuss enrollment, student quality issues
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By Colin Powell
Maine Maritime Academy trustees held a quarterly meeting on November 9 where they made no mention of the controversial purchase of the Abbott House. Instead, they were focused on hearing from committees about the state of the school.
President Len Tyler’s report to the board was brief and focused on enrollment and graduation issues. “Based on early application returns we look like we will be able to maintain our enrollment goal of 800.” This, he said, was in the face of declining demographics around the state and the nation and due in large part to the unprecedented health of the maritime industry. Generally the industry has experienced one- or two-year booms, said Tyler. But due to many factors prospects for the industry remain good for the next few years at least. “Every single industry that our graduates serve is doing well,” said Tyler.
The Educational Policy Committee said that there are quality concerns with the current freshmen class. They do not seem well prepared in mathematics and communications. Tutors are being put in place to help mitigate the problem. The committee also raised concerns over the fact that the student body is currently over-enrolled by 30 students.
Jeff Wright of the Student Affairs Committee said that applications for the Marine Transportation Operators major were up 50 percent from last year. This concerns the department because it already had to turn away 19 students this year. If the school cannot encourage those turned away to join the Small Vessel Operators major, the committee is concerned students may look at other schools. But, Wright pointed out, this is a problem because of the success of the MTO program, not failure.
Wright also said that in keeping with security issues, every entrance on campus is now equipped with video cameras, and biometric scanner access to the student dormitory will be installed soon. The Virginia Tech tragedy also encouraged the creation of an emergency plan that Wright said has been finished and will soon be put online for public access.
The Student Affairs Committee is also developing a group to address town parking issues. Commandant Jeff Loustaunau brought those concerns from the last meeting between MMA and the town of Castine.
The Finance Committee met with representatives from Camden National Bank who assured them that the school’s relationship with Union Trust Bank will be largely unaffected by the merging of the two banks. During the committee’s meeting on November 8, Dick Ericson also noted that a discussion about the school’s current investment policy led to a strong feeling that the policy needs to be reviewed to reflect changes in market conditions. The Finance Committee believes the school’s investments could be doing better.
The Facilities and Property Committee announced that 22 new beds in Curtis Hall will be ready for students to move in after Thanksgiving. Renovations of offices in Leavitt Hall are also complete. The committee also reported that all property damage from the microburst storm will be covered by insurance money except bleachers on the playing field.
Recognizing the passing of question 3 on the state referendum, the committee announced that MMA will receive $750,000 in January 2008 and the same amount in January 2009. The first installment will be used to re-roof Dismukes Hall and investigate foundation issues of waterfront buildings. The committee also discussed the creation of more classroom space at the interior of the main campus. That would allow the elimination of Andrews Hall on the waterfront and help alleviate parking issues in the downtown area.
The school’s Alumni Association announced the development of two new chapters, one in Aroostook County and one in Orlando, Fla. The association also honored Ed Biggie as associate member.
During her remarks, Chairman Victoria Larson recognized the late professor of mathematics, Donald Dobbins, saying, “his dedication to teaching our students…and assisting students with special needs, his humor, his insight will definitely be missed.”
The trustees also granted 34 students bachelor of science degrees to be conferred sometime before the next trustees meeting on February 9. The meeting is a “retreat” meeting and will be held in a location other than MMA. Larson said it would probably be in Bangor.
Castine Patriot, 11/15/07, page 1
Castine
17. Legality of MMA trustees executive session questioned
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By Colin Powell
Besides mentioning a walkthrough of the school’s new property, there was almost nothing said about the controversial purchase of the Abbott House at the November 9 meeting of the Maine Maritime Academy Board of Trustees.
There was also no mention of the legal action the town has taken against the school about the intended use of the property. When the board entered into an executive session for “legal matters,” the community members who had come to represent the recently formed Castine Citizens Action Group said they could only guess the topic was the pending lawsuit. Asked what the general topic of the legal issue was, board Chairman Victoria Larson apologized and said, “We don’t have to say.”
According to the Maine Press Association’s legal counsel Jonathan Piper of Preti Flaherty in Portland, the board does have to explain. “They can’t go into executive session to discuss legal matters without an attorney present, and they must quote a subsection [of the executive sessions statute] before entering,” said Piper in a phone interview.
Executive sessions are covered in MSRA Title 1, Chapter 13, Subchapter 1, §405. The law states, “A motion to go into executive session must indicate the precise nature of the business of the executive session and include a citation of one or more sources of statutory or other authority that permits an executive session for that business.”
Furthermore, immediately following the session, the board voted on a motion to reconsider the minutes of the August meeting which had already been approved at the beginning of the meeting.
Piper explained that any action items that come as a result of an executive session must be publicly discussed before a motion can be made. Piper also said that reconsidering minutes, which had already been made a part of the public record, after an executive session strongly indicates that the minutes were discussed during the session. This action is not allowed under Maine’s executive session statute, which explicitly defines what may be discussed.
Treasurer Harrison Richardson then made a motion to table the minutes for discussion at the next meeting of the trustees.
The August minutes were of concern to the Castine Citizens Action Group as their representative, the Rev. James Whittemore, read a statement to the board. “We have thoroughly searched the minutes of recent board meetings,” said Whittemore, “and can find no record of a board vote on the purchase of the Abbott House.”
Formed by community members, the Citizens Action Group’s stated purpose is using the controversial purchase of the Abbott House to open new lines of communication with the academy. Over a dozen members of the group were present at the Trustees’ meeting when Whittemore was allowed three minutes to address the board. In his prepared statement, Whittemore stated the group’s primary concerns.
As his final concern, Whittemore said, “Castine on-neck is essentially an island with limited land and, therefore, limited natural resources. If Maine Maritime Academy fails to recognize the fragility of this small ‘island’ and the trustees place a greater importance on academy growth than respect for town laws and their intent, the unique character of Castine will be lost for ever.”
Whittemore, speaking for the group, stated that the situation would be corrected if the school divested itself of the Abbott House property. “What is needed is a balanced…relationship between the town and the academy,” he concluded.
Castine Patriot, 11/29/07, page 1
Castine
18. Citizens group makes huge request for MMA documents
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By Colin Powell
While the letter that landed on Maine Maritime Academy President Len Tyler’s desk on November 16 may not have weighed much, the documents it requests might just fill a small truck.
Lawyer Kimberly Cook of Cook & Associates in Portland, has sent a written request for public documents to the academy on behalf of the Castine Citizens Action Group. The letter asks for documents related to five separate issues. The chairman of the group, Michael Coughlin, said, “There has been a total lack of transparency beginning with [President Tyler’s] initial statements to the [Castine Patriot]. Our goal is to get the community as much information as possible. Because…the community is going to have to vote again for funds to carry on legal action.”
The letter also requests that the academy pay to gather all the documents.
“It’s guaranteed to result in a failure,” said Maine Press Association legal counsel Jonathan Piper of Preti Flaherty in Portland. In a phone interview he said the document was far too vague, is “huge” and is a misuse of the Freedom of Access Act. He said it could generate truckloads of documents.
Maine law allows for any citizen to request public documents from government agencies and a 2003 amendment to the law allows the cost of reproducing those documents to be waived if “release of the public records…will contribute significantly to public understanding.” An agency may, however, ask that a request for documents be made more specific.
In a phone interview Cook said that the purpose of this request is “to gain a better understanding of actions that the academy has undertaken recently.”
While the first request includes all documents involved in the Abbott House purchase, the second and third involve less-specific aspects of the academy’s governance. Master plans, future enrollment goals, land purchase and development plans have all been requested, including “property which the Academy may be interested in owning or operating in the future.”
The last two requests are for all documents surrounding the renovation of the Wyman House, where the president resides, as well as all recordings made of the trustees meetings in 2007.
Cook maintains that the request for information is in line with the Castine Citizens Action Group’s goal of improving communication with the town by increasing public understanding of what is happening at the academy. Asked how long she thought the process would take, she said she did not know. The law requires a request to be completed in “a reasonable period of time.” Cook said she has yet to hear anything from the Academy regarding the request.
MMA Vice President for Administration Richard Ericson said in a phone interview that the school has received the request, and since some of the documents requested are related to a pending legal matter, a copy has been provided to the Attorney General’s office for review. Ericson, speaking on behalf of President Len Tyler, who is away for the week, said the school has already done its best to comply with several other Freedom of Access Act requests, but that the size of this request makes it more complex.
Denials of requests are allowed by law for a number of reasons. Generally exceptions are provided for individual privacy issues, though documents involved in legal proceedings are also exempt. The law states that a denial, whether in whole or in part, must be made in writing within five days of the agency’s receipt of the request.
In her letter, Cook requested an explanation be provided for any documents deemed exempt. She believes all the records asked for will be provided.
Castine Patriot, 12/6/07, page 1
Castine
19. Castine files complaint against MMA
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By Jonathan Thomas
The legal contest over Maine Maritime Academy’s purchase of the Abbott house in September has taken major steps forward.
According to court records, a summons was served on MMA President Leonard Tyler on November 19. Tyler, or the academy’s attorney, has 20 days to file a written answer to the complaint attached with the summons. The academy is being represented by the Maine Attorney General’s office.
The complaint, dated November 27 and filed in Hancock County Superior Court, was prepared by the town’s attorney, Geoffrey Hole, of the Portland firm Bernstein Shur. It alleges that under the town’s zoning ordinance, “the sole use of the Abbott House as a residence for presidents of the Academy is an institutional use not permitted in the Village III District.”
The complaint continues, “Conversely, the Academy believes that, so long as the Abbott House is used solely as a residence for Academy presidents, it is a permitted use in the Village III District.”
The complaint requests that the court, after reviewing the matter, schedule and hold a hearing on it.
The complaint asks that after the hearing the court “declare that the use of the Abbott House by the Academy solely as a residence for its president, or for any expanded Academy uses, is a violation of the Zoning Ordinance of the Town of Castine because institutional uses are not permitted in the Village III District.”
In an undated letter by Victoria Larson, chairman of the MMA Board of Trustees, Larson acknowledges the existing residential zoning and says, “We intend to use the Abbott House as a residence as it has been utilized for over 200 years, consistent with Castine Ordinances.” The letter goes on to say that the academy has been “advised by independent counsel that our proposed use of the property would constitute a permitted use inter Castine’s current zoning ordinances.”
When asked about recent developments, academy spokesperson Janice Zenter said that it is the academy’s policy not to comment on pending legal matters.
David Loughran, spokesman for the Attorney General’s office in Augusta, said that his office will be filing a response in time for the deadline. He had no comment on what would be in the response at this time. The 20-day period in which a response is required ends on Sunday, December 9.
Castine Patriot, 12/13/07, page 1
Castine
20. MMA attorney says Castine zoning ordinance provision “unconstitutional”
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By Jonathan Thomas
The attorney for Maine Maritime Academy said in a court filing on December 10 that the Town of Castine’s interpretation of the town’s zoning ordinance is “unreasonable, arbitrary and capricious, and erroneous as a matter of law.”
The filing, a formal answer to the complaint filed by the town’s attorney on November 27, also claims that the ordinance is “unconstitutional” to the extent that it prohibits or is interpreted as prohibiting the academy “from using the Abbott House as a residence for the President of the Academy.”
The academy’s legal defense is being handled by William Laubenstein III, an assistant attorney general in the Maine Office of the Attorney General.
The academy is considered a state agency and as such is represented by the attorney general’s office. According to Janice Zenter in MMA’s public affairs office, the academy, like other state agencies, is not billed for these services.
The attorney for the Town of Castine is Geoffrey Hole of the law firm Bernstein Shur in Portland.
The status and validity of the town’s zoning ordinance is a key issue in the town’s dispute over the academy’s purchase and proposed use of the historic Abbott House, just north of the MMA campus.
In a letter dated September 20, seven days before the purchase date, the town’s attorney cited the ordinance as the basis for questioning the academy’s proposed use of the property as a residence for its president. (See Castine Patriot, October 4.)
Towns are empowered to enact zoning ordinances by Title 30-A of the Maine Revised Statutes Annotated. One provision of that law, section 4352, says that “A zoning ordinance must be pursuant to and consistent with a comprehensive plan adopted by the municipal legislative body.”
At the time the last changes to Castine’s zoning ordinance were to be voted on in May, 2002, senior planner Mary Ann Hayes from the Maine State Planning Office said in a letter to the town that “the Ordinance will be consistent with the Planning and Land Use Regulation Act.” She also wrote, “For the record, the [Comprehensive] Plan amendments were deemed consistent on February 22, 2002 …and adopted on March 25, 2002.”
A November 1 story in the Castine Patriot noted that the Village III District, in which the Abbott House is located, permits a range of uses from pre-elementary school through secondary school (subject to planning board review and approval), but explicitly prohibits post-secondary schools in that district.
Post-secondary schools are permitted in the Institutional Development District, where the academy is located.
Some have wondered whether such zoning is discriminatory. Phil Carey, senior planner in the land section of the State Planning Office, said that within the context of consistent comprehensive plans and ordinances, towns have a lot of authority to determine what to allow or not allow in a district.
Another source for information about zoning ordinances is the Manual for Local Planning Boards: A Legal Perspective, written by the legal services department of the Maine Municipal Association. It says, “There is little case law in Maine regarding comprehensive plans and the amount of detail required in order to provide a sufficient legal basis for a zoning ordinance. Most of the cases have upheld the zoning provisions against a challenge of inconsistency with the plan.” Several cases are then cited.
As reported in the December 6 issue of the Castine Patriot, the attorney for the town frames the issue to be whether the use of the Abbott House as the academy president’s residence is an “institutional use” not permitted in the Village III district, or whether, as the academy believes, because it is to be used solely as a residence, it is a permitted use.
The Castine Patriot also consulted the five-volume Rathkopf’s Law of Zoning and Planning, described by its publisher, Thompson/West, as “the leading zoning and land use treatise for attorneys everywhere, and…one of the most quoted and frequently cited works in the field.” (The first edition is dated 1956, and has been kept current in recent years by Edward H. Ziegler Jr.)
Chapter 4, entitled “Zoning, Discrimination, and Equal Protection,” says in the overview, “Laws may accord different treatment of different persons under the same or identical circumstances so long as there is some reasonable basis for such differing treatment in view of the purposes to be furthered by regulation.”
Section 2:15 of Rathkopf, on the limitations of zoning, says, “Despite widespread zoning practice to the contrary, zoning restrictions, conditions, or decisions which limit the use of land based on the identity of the users of the land generally will be held invalid by the courts. Zoning regulation which limits the use of land based on the race, economic status, age, blood relationship, or identity of the user or owner may be held invalid on either due process or equal protection grounds as a restriction by classification that is unrelated to any legitimate public purpose.”
The case sited as applicable to a user’s identity is a Florida case in which an ordinance requiring that a ground floor apartment be occupied by the building superintendent was found to be unreasonable.
In section 22:15, Rathkopf examines zoning issues involving schools. “Schools are by their very nature in furtherance of public morals and general welfare. The general rule is that a zoning ordinance may not exclude schools from residential neighborhoods. Only reasonable regulation of the manner of use is allowed.”
A New York case is cited in which the appeals court struck down a municipal law that prevented Union College in Schenectady from applying for a special use permit in a single-family historic district. The court ruling, as quoted in Rathkopf, said in part: “The presumption of constitutionality enjoyed by legislative enactment, such as the zoning ordinance at issue here, is formidable, but not conclusive.”
The decision notes that the public interest in historical preservation does not as a matter of law override competing educational interests. “‘As a general rule, “the total exclusion of [educational] institutions from a residential district serves no end that is reasonably related to the morals, health, welfare, and safety of the community.”’”
Geoffrey Hole, the town’s attorney, said that although he is familiar with Rathkopf, he has gone beyond that source in his preparation of the town’s case.
When asked on December 11 to comment on the response filed by the state, he said that he had not yet gone over it in detail. He did say, however that because of the way the response was written, it appeared that it would be possible to quickly get to the merits of the issue. He said the process is guided by the Maine Rules of Civil Procedure.
These rules are available online. Rule 16, “Pretrial Procedure in the Superior Court,” provides for alternative dispute resolution processes such as mediation. If mediation is successful and leads to a settlement, a trial would not be necessary.
Castine Patriot, 12/13/07, page 1
Castine
21. Academy responds to town complaint, citizens’ requests
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Maine Maritime Academy has responded to a complaint brought before the courts by the Town of Castine. The complaint requested a declaratory judgment from the court with regard to the college’s intended use of a recently purchased piece of property, according to a press release from MMA, issued December 11. The college plans to use the home, commonly referred to as the Abbott House, as a residence for future college presidents. The college is being represented by the Office of the Attorney General, who has filed a response to the complaint in Hancock County Superior Court.
While the college deals with the matter in the courts, MMA President Len Tyler noted that a local group, the self-named Castine Citizens Action Group, has lodged what Tyler characterized as “a concurrent case in the court of public opinion.”
Citing the situation as challenging and time consuming, Tyler said in the press release, “As public servants we are being forced to defend our actions and the way we manage our institution, while at the same time remaining professional, respectful, transparent, and in compliance with the law. Unlike some members of this [citizens action] group, we will not make haphazard accusations about the motives and competency of those we disagree with, nor will we initiate an all-out campaign to defame or otherwise raise a curtain of doubt or suspicion. It’s not in keeping with the responsibilities of our positions nor would it be an appropriate use of our time.”
Tyler said that the college has enjoyed record high enrollment and ongoing professional placement rates for graduates of greater than 90 percent. “We’re actively doing business, and though the Abbott House situation has significantly diverted our attention, we will continue to offer the same value and return on investment to the taxpayers of Maine.”
Tyler went on to say that he understands that a number of citizens are concerned about the future of the Abbott House property, and added, “As we have stated time and time again, our intent is to use it as a residence and support its historic value.”
Tyler’s comments came on the heels of a written request, dated November 16, 2007, from the CCAG for information from the college. In the request, prepared by Kimberly Cook, Esquire, of the Portland-based law firm of Cook & Associates, the group invoked the Freedom of Access Act to obtain extensive documentation from the college in five major categories: deliberations regarding the decision to purchase the Abbott House property; any plans, current or future, with regard to infrastructure, curriculum, or enrollment goals; the college’s development plans on any property it owns or may be interested in owning; the college’s consideration of and decision to renovate the campus building currently occupied by the president of MMA as a residence along with all agreements with professionals to complete the renovations; and recordings of all meetings of the Board of Trustees’ in 2007.
Ranging from meeting minutes, financial authorizations, and disbursement records, to fact sheets, talking points, and written communications sent and received by staff on the matter, the request was burdensome, the press release reports. “As allowable by the law, we did ask that the group more concisely define those materials they were looking for,” Tyler explained. “We are actively complying and are working with the group in a professional fashion. By citing the Freedom of Access law in this request, the CCAG creates a misleading impression of avoidance, deception, or guilt on the part of Maine Maritime Academy by implication.” He noted that no informal request was ever made to the college by the group or any individual for this documentation. If a request had been made, he said that the college would have responded immediately.
Tyler added that the group’s written request for information, coupled with “off-hand remarks” by spokespeople for the group as quoted in the press, have criticized the college, its trustees, and its administration for lack of process or transparency of process, and lack of oversight of administration. “Such remarks are unfounded and have the appearance of purposefully inciting public distrust in the Board and the staff,” said Tyler. “We are a public institution, governed by a Board of Trustees that is directly appointed by the Governor of the State. Our Trustees undergo a full legislative hearing process prior to being confirmed. To imply or say that there is no oversight is false and misleading to the public.
“The same applies to the process of administering the operations of the college,” he continued. “Our Board holds regular open meetings which are well-publicized. In their meetings they have regularly discussed enrollment goals, have voted on strategic plans which set enrollment, curriculum, and campus and facility plans, along with the basis for infrastructure upgrades and their associated costs and benefits. The Trustees direct me and my staff to act in ways that they determine support the mission of the college. Again, to imply or state otherwise is untrue, but if there is any doubt, the documentation is available for public scrutiny. We are in no way reluctant to hand over the material requested for fear of any negative discovery.”
Tyler cited one of the CCAG’s topics of interest in the request which pertained to recent renovations of the building currently used to house the president of the college as an example of the damage done by implication and the omission or distortion of facts. The CCAG has requested extensive financial and contractual documentation related to the renovation of the building, after having made public claims of excessive and wasteful spending on the project. In the press release, Tyler confirmed that significant renovations to the facility have taken place over several years, amounting to approximately $550,000. He pointed out that the costs associated with the renovation of the historic building were correspondent with its size—7,000 square feet with 14 rooms and four full- and two half-baths. He also noted that the renovations will enable the college to more efficiently continue to use the facility for official functions such as formal gatherings, presentations, and other academy and alumni events and ceremonies. The expenditures were more than offset by proceeds from the sale of a property bequeathed to the academy by the late Jasper Wyman of Milbridge, a former MMA trustee. The building was subsequently named the Wyman House in his honor.
“I find it frustrating to try to provide a response that suits the people who question these renovations,” Tyler said. “First they criticize us for not maintaining some campus buildings to their standards, and then they criticize the repair of the infrastructure of an historic campus asset. We’ve owned the Wyman House for more than 60 years and within that time had never initiated significant improvements to it. Bill Haggett, the Chairman of our Board at the time of authorization of the renovations, cited the old, ungrounded electrical wiring system, outdated plumbing, leaking roofs, inadequate kitchen facilities, potentially hazardous porches, and the lack of a smoke detection system as serious safety concerns, and directed the administration to act. He still stands behind those directives. Our future plans for the building’s use will benefit from those improvements.”
Tyler added that the college intends to use the Wyman House, in part, as an alumni center, thereby restoring a campus and community gathering place which was demolished more than 17 years ago to accommodate construction of the student center. The previous building offered conference space in a home-like setting and was regularly used by community groups.
He pointed out that significant costs were expended on the kitchen, noting that it was outfitted for commercial food service preparation in support of college functions in the building. Tyler acknowledged that the costs associated with this type of kitchen are higher than residential kitchens, and said the investment will support ongoing academy use.
Tyler said that despite the inflammatory comments and active attempts to generate publicity around the situation, he has directed his staff to work cooperatively with the CCAG and to respond to every reasonable request for assistance. “Members of this group are our neighbors,” he said. “I hope that our candor and professionalism will help to speed a resolution and strengthen our relationship with our community.”
Castine Patriot, 12/20/07, page 3
Castine
22. MMA documents fail to clear the air for citizens group
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By Colin Powell
Documents are beginning to roll in after the Castine Citizens Action Group made a large request for information regarding Maine Maritime Academy’s records a month ago. “The request has not been overly burdensome for the academy nor has it produced ‘truckloads’ of documents as some had predicted,” said the group’s attorney, Kimberly Cook, in an e-mail.
In a public statement before the selectmen on December 17, group member Liz Parish explained that MMA employees have been very accommodating and helpful as the group members have done much of the document gathering themselves. The group spent some time on December 6 going through and making copies of tapes and records of the school’s board of trustees meetings.
She said Dick Ericson, the school’s vice president of finances, put together a finance committee package of information from the committee’s August 23 meeting. He also gave them three large notebooks with architectural drawings for a new building in the planning stages.
The group also received numerous documents detailing the school’s search for new dormitory sites and files pertaining to work done on the current president’s house.
The documents, Parish said, are hardly a truckload, and in fact stated, “we’ve continued to be concerned about the lack of information available to the trustees.”
“There’s no financial data about the purchase of Abbott House, nor is there a board resolution, nor is there any board vote on the Abbott House,” said Parish.
“The reason that we’ve asked for all this information is that we’re really concerned about how the board makes decisions about things like the Abbott House.
“It’s all very, very difficult and requires a lot of work,” said Parish.
CCAG goes to Augusta
On December 18, the group’s chairman, Michael Coughlin, met with the senate president in Augusta. In a phone interview, Coughlin said that the meeting was primarily to connect with legislators and make sure they understand the group’s position, offering support to the town’s efforts. Coughlin emphasized that the issue is whether a town has the right to govern itself.
Given that MMA is a state institution, Coughlin was not sure what kind of reception the group would get in Augusta.
“We’ve been very, very warmly received there, even from the governor’s office, which we didn’t expect,” said Coughlin.
In fact, the legislators were interested to hear from the group, having only heard MMA’s side to this point.
“The academy has done a very good job of staying under the radar and giving a very one-sided story of just what is going on here [in Castine],” Coughlin said.
Coughlin said Representative Jim Schatz and Senator Richard Rosen seem to be beginning to understand the town’s problem with the purchase. He also commented that both men have been very supportive and noted that for Rosen the situation is particularly difficult.
“Senator Rosen is in a very unfortunate position because he pushed hard to make sure the school got that $1.4 million from the bond issue,” Coughlin said.
Now, facing a major budget shortfall, the state has to start cutting unnecessary expenditures.
“It’s very hard to justify, in this budget environment, $1.4 million for this house, $700,000 in maintenance costs, a $600,000 bill for upgrading the original mansion,” Coughlin said. “Those are big numbers to this legislature. I would not want to be the official who has to sit in front of the legislature and defend these kinds of expenditures.”
Coughlin said a large part of talking with legislators is showing them that the CCAG is serious about their mission and has the membership to back it up.
“It’s easy to stereotype Castine,” said Coughlin; “we’re not just a bunch of grumpy property owners.”
He points out that many members of the group have led successful professional careers in law and academia.
Reiterating Parish’s comments, Coughlin said the main problem remains the lack of transparency in the school’s governance. Despite all the documents, accumulating like the snow this year, the group can still find no evidence of the Abbott House purchase being approved by the entire board of trustees.
Coughlin said the CCAG holds regular meetings. While they are not open to the public, the group is considering having a public meeting in early 2008.
Castine Patriot, 12/20/07, page 3
Castine
23. Pretrial procedures to begin in Abbott House litigation
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By Jonathan Thomas
The controversy between the Town of Castine and Maine Maritime Academy over the Abbott House does not seem likely to be resolved any time soon.
The town’s attorney, Geoffrey Hole of the firm Bernstein Shur, told the Castine Patriot on December 18, that his next step is to confer with the selectmen before scheduling a meeting with the academy’s attorney as part of the court-mandated pretrial procedure.
The academy is being represented by Assistant Attorney General William Laubenstein III for the Maine Attorney General’s office.
On November 15, the town began legal action against the academy, claiming that the academy’s proposed use of the recently purchased Abbott House as a residence for its president was a violation of the town’s zoning ordinance. (See Castine Patriot issues dated December 6 and 13.)
A scheduling order signed by Superior Court Justice Kevin Cuddy on December 10, states that the parties are to meet for the purpose of deciding on the alternate dispute resolution process they will use.
Within 60 days of the scheduling order (or by February 8), they are to notify the court whether they wish to have mediation, or early neutral evaluation, or non-binding arbitration in an effort to reach a settlement without going to trial. They are also to provide the name of the neutral third party who will be a part of the process.
A formal alternate dispute resolution conference with the neutral party is to be held within 120 days of the order, which would be April 8.
Within 10 days of the conference, a report is to be filed with the court.
Donna Clark, administrative clerk at the Superior Court said it is too early to know what judge would be handling the case.
Castine Patriot, 1/10/07, page 1
Castine
24. Handicap parking issues linger for selectmen
CCAG addresses board with concerns
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By Colin Powell
A brief selectmen’s meeting followed the special town meeting on January 7.
There were no issues on the agenda, and the only discussion the selectmen had was regarding a past action.
A letter to the selectmen requesting reimbursement for a parking ticket because of the lack of handicapped parking spaces has sparked a lengthy conversation. The selectmen have since paid the parking ticket, but they are now trying to figure out what the town is legally required to provide in the way of handicapped parking.
While there are two spaces in the town dock parking lot, it is not clear if the Americans with Disabilities Act requires handicapped spaces for street parking as well.
Research by the town manager has turned up a provision in the parking ordinance which allows for a handicapped space along Water Street near the Castine Variety. He said that as long as he has been in Castine, that space has never been posted as such.
The selectmen decided that it should not be posted now, as the new parking configuration does not allow for a horizontal parking space in front of the Variety. Instead, a handicapped space will be designated in the diagonal parking.
The question now, as posed by Selectman Dave Unger, is whether the town can simply move the space to one of the newly created diagonal spaces in front of the Union Trust Bank, or if a public hearing is necessary to change the ordinance.
The selectmen decided it would be best to hold a public hearing. The hearing was scheduled to precede the next selectmen’s meeting on Tuesday, January 22.
Also during the meeting, Michael Coughlin, representing the Castine Citizens Action Group, brought a recent memo by Dean Barlow at the Maine Maritime Academy to the selectmen’s attention. The memo concerns plans for a year-round academic program at the academy.
Coughlin asked the selectmen to confront the academy about the plan, even if it is only a discussion topic. He drew particular attention to a bullet point that says a third term would allow an increase in enrollment to at least 1,000.
Selectman Dave Unger thanked Coughlin for the update and explained that they had heard of this, and that it is one of many topics they will be discussing during their upcoming town/gown meeting on February 5.
Coughlin then suggested that perhaps more frequent meetings with smaller working groups from both the town and the academy boards should be created. He said this would allow issues like the tidal energy program to get the attention it deserves.
“We are not playing ‘gotcha’ with the academy. We want that balance and cooperative relationship,” said Coughlin.
Unger said part of the reason for holding this meeting is to keep lines of communication open despite the ongoing legal action over the Abbott House purchase.
“Sometimes there has not been the measure of success with these meetings that we would like but we need to make every effort to make them as successful as we can,” said Unger.
The next selectmen’s meeting will be held at Emerson Hall on Tuesday, January 22, at 4 p.m. The meeting will be preceded by a public hearing on establishing a handicapped parking space on Water Street.
Castine Patriot, 1/30/08, page 1
Castine
25. Mediation session fails to resolve MMA, Castine dispute
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By Colin Powell
CASTINE—By law all parties going before the Maine Supreme Court must attempt to resolve their dispute using a neutral party before appearing in court.
On Thursday, January 24, the town selectmen met with Maine Maritime Academy President Len Tyler and Vice President Richard Ericson in Augusta with the town’s attorney Geoffrey Hole and the MMA attorney Bill Laubenstein for a mediation session.
In a phone interview, Hole said the session “did not resolve the situation.” He also said he could not comment further.
David Loughran, special assistant to the attorney general and representative for Laubenstein, issued a similar statement in an e-mail.
According to Maine Civil Court Procedures, if the session does not result in a settlement, the neutral party has 10 days from the end of the session to file a report with the court. The report must indicate the points of agreement and disagreement between parties.
Mediation, or alternative dispute resolution, is one of the last steps before a case goes to trial. With no resolution, the case will now proceed to the depositions and discovery period, where the town and MMA will gather information from one another and any other sources before trial. Each party will also be required to give a deposition.
A trial date has not yet been set.
Castine Patriot, 1/30/08, page 1
Castine
26. Castine Citizens Action Group stays busy, private
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By Colin Powell
Information about the activities of the Castine Citizens Action Group is currently only reported via the group’s Web site and not on a regular basis. Member Michael Coughlin does not see this as a permanent mode of operation, just necessary to the current state of the group and of town/gown relations.
“I don’t think that would be productive,” said Coughlin about opening all CCAG meetings up to the public. “A lot has to do with MMA looking over our shoulder.”
Still, he understands the importance of keeping the public informed, and said the group plans to hold a public meeting at some point. He also suggested that eventually all of the group’s meetings could be made public.
Currently, the group is working hard to develop lines of communication with legislators in Augusta. They have also created an informational packet which includes their mission statement, as well as documents illustrating specific problems about which the group is concerned.
In a recent interview, Coughlin said members of CCAG have met with most of the legislative leadership in Augusta and were received well. A number of legislators even encouraged the group to put forward their own candidates for three open positions on the Maine Maritime Academy Board of Trustees. They found six, who, Coughlin said, are very qualified for the job, and submitted their names to the governor’s office.
Financially, Coughlin said the group is doing well. They operate solely on donations and have received money from 82 community members. The largest amounts, Coughlin said, are in the thousands of dollars, while the smallest has been fifty dollars. “It’s very expensive to have a government relations person,” Coughlin pointed out.
MMA has their own government relations person in Susan Mitchell, coordinator of external affairs. Coughlin suggested it was only fair that the people of Castine should have someone in Augusta working for their interests as well.
In the interview, Coughlin emphasized that, while the group continues to be disappointed with MMA’s decision not to abandon their plans for the Abbot House, that is only a small part of the group’s mission now. The group wants open communication with the upper level of administration at the academy. One suggestion Coughlin made at a recent selectmen’s meeting is the creation of small committees within the town government and the academy who can meet on a more regular basis than just the quarterly town/gown meetings.
“I am optimistc that this will be the beginning of a new relationship,” Coughlin said of MMA’s alleged breaking of Castine’s zoning ordinance.
On February 5, the selectmen will meet with administrators of MMA in a town/gown meeting at 7:30 a.m at the Harold Alfond Center on the MMA campus. Coughlin said members of CCAG will be present and are hoping to discuss an internal memo sent by Dean Barlow at the academy which discusses ways to create a year-round program at MMA while increasing the student body to 1,000.
Other major topics the selectmen wish to discuss are the tidal power program and ongoing concerns about student parking in the downtown area.
Castine Patriot, 3/20/08, page 4, Guest Column
Castine
27. Nullify the Abbot property transaction
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By Jim Schatz,
D-Blue Hill, District 37
As many of you know, Maine Maritime Academy entered into a purchase agreement for the Abbot House, a historic property in Castine. Since that event, I have given a good deal of thought to the concerns voiced by many of the parties who feel strongly one way or another about that purchase.
I had a brief conversation with President Tyler when he was in Augusta, I had a long discussion with the assistant attorney general representing the academy, and I had a similar talk with the attorney general. I have also met with members of the Legislature’s Appropriations Committee and other legislators concerning this matter. Additionally, I have met several times with groups of Castine residents who have thoughts they wish to voice on this issue.
I have concluded that there are no culprits or villains involved in the efforts to support or oppose the purchase of the Abbot property. There is wisdom on the part of the academy to provide a more appropriate space for its president and release space currently used for that purpose to educate students. There is a shortage of space, and existing structures are in need of improvement.
Many citizens in Castine, however, see the purchase as a violation of the existing ordinance with no assurance that future board decisions might not aggravate any actual or perceived intrusion on the town’s residential zone by the academy.
My assessment of the matter has compelled me to provide the board and administration of the academy with an unsolicited opinion: I believe it would be in the best interest of the academy and the town of Castine to nullify the Abbot property transaction. The reasons for my position are as follows:
Those of us who worked hard to pass a “higher education” bond package, which ultimately directed $1.5 million to the academy, feel the expenditure of an equal amount for a luxury home for the president undermines our efforts to support the academy’s need for repair and renovation funds.
Any event that polarizes the community, leaving part of it at odds with the academy, ultimately weakens the ability for the academy to expand its footprint and access important municipal services in the future.
I find it difficult to understand why the taxpayers of Castine must use their tax money to defend their zoning ordinance only to be challenged by the academy, who is represented by the Maine Attorney General’s Office, which is, of course, funded by taxpayers. Clearly this issue is a drain on taxpayer funds at a time when we need to conserve those funds.
I am aware and appreciative of the fact that the academy is one of the largest employers in the district and that the employees reside and pay taxes in Castine and other surrounding towns. It is also a fact that the Governor’s school administration consolidation effort and the Department of Education’s flawed Essential Programs and Services funding scheme have caused reductions in state funding of local schools equivalent to the price of the Abbot House. This will create a burden on all families and taxpayers and should be disturbing to all employers who want to attract a strong workforce.
These are times when surplus funds need to be dedicated to the most important mission of an institution. If the purchase of the Abbot property represents that mission, then I would propose we look more carefully at future state funding for the academy.
I look forward to working with all those who have an interest in this matter. I am sure a solution can be reached that recognizes the needs and interests of the academy and honors the wishes and concerns of the people of Castine.
Castine Patriot, 3/27/08, page 1
Castine
28. CCAG: academy trustee recommendations disregarded
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By Colin Powell
According to Michael Coughlin, president of the Castine Citizens Action Group, a number of legislators in Augusta told the group their best chance to effect change at Maine Maritime Academy was to encourage members of the community to submit applications to join the school’s board of trustees. The governor then recommends candidates for approval by the legislature. There are currently 14 members on the board, with three vacancies.
In Augusta, two potential board member nominations were presented to the legislature’s Education Committee on Thursday, March 20, and one more was presented Wednesday, March 26. None of them were among the six candidates whose names had been submitted to the governor’s office by the CCAG.
“It was a blatant thumb in the eye of the town,” said Coughlin.
Robert Vagt, one of the CCAG’s candidates, served as president of Davidson College for a decade before retiring to Castine. Last year he was appointed as president of the Heinz Endowments, a philanthropic organization in Pittsburgh, Penn., which distributes more than $80 million each year. Before entering academics, Vagt worked as the chief operating officer of Seagull Energy Corporation in Houston, Texas.
Coughlin said the group’s recommendation of Barbara Griffiths was turned down as well. Griffiths was the United States ambassador to Iceland from 1999 to 2002, and worked in various posts in the State Department since 1977. She now lives in Castine.
“They do not want this town to have a voice on the board,” said Coughlin, dismissing Castine resident and board member Mary Lou Cormier’s position as not providing the balance the group seeks. Cormier is a retired employee of the University of Maine at Augusta.
In Augusta, Robert Somerville of Spring, Texas, and Marian Morgan of Cape Elizabeth await votes in the House and the Senate before their positions on the board are finalized. Somerville graduated from Maine Maritime Academy in 1965 and is currently the chief executive officer of the American Bureau of Shipping. In a recent press release, MMA announced a new scholarship and internship program in conjunction with ABS.
The third recommendation by the governor, William Walsh of North Hampton, N. H., was confirmed by the Education Committee on March 26. Information on Morgan and Walsh was not available at press time.
Current MMA board member Robert Walker is also up for reappointment, and will be voted on by the House and Senate at the same time as Somerville and Morgan.
Castine Patriot, 3/27/08, page 4, letter to the editor
Castine
29. Ironic and unjust
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I want to commend the excellent and statesman-like Guest Column by Rep. Jim Schatz published in the March 20 Castine Patriot. I and my Castine neighbors are most grateful to him for taking up this issue and not letting it disappear. Jim mentions fully and fairly the considerations on both sides of the conflict. His conclusion that it would be in the best interests of both the academy and the town if the academy would retract its purchase is well-considered and, in my opinion, the overriding argument.
May I mention another bit of information that may be useful? The property tax on the Abbot House last year was $5,526. The town will lose this tax money if the academy retains the house, since MMA is a tax-exempt institution. It seems to be clearly one-sided and unfair for a tax-exempt institution, single-handedly and considering only its own interests, to reduce the tax base and hence the income of the town. This is especially so when a case can be made that the town already subsidizes the academy heavily because of the uncompensated additional burden the academy places on the town’s infrastructure. The infrastructure of this town has badly deteriorated and our taxes are rising and will continue to rise to support the necessary improvements. Indeed, if the academy paid its fair share in maintaining the town, that amount would probably exceed the budget increase that was requested by the selectmen to begin to address road and other such infrastructure problems. It seems to me that the institutional costs of the academy should be borne equally by all the taxpayers of the state and not only those of Castine.
The purchase of the Abbot House therefore adds unfairness to unfairness. For the academy not only to drain town’s resources but also to reduce the town’s income is not only ironic, it is unjust.
Arnold Berleant
Castine
Castine Patriot, 04/03/08, page 4, letter to the editor
Castine
30. MMA: an asset to the community
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As a former long-time resident of Castine, and someone who grew up there, I’d like to make a few comments about the ongoing trial that the CCAG is putting MMA on. But first, I’d just like to say that this is the first time I’m writing a letter to the editor. I remember many, many moons ago, when Jim McCaffrey started the Patriot in the office where Union Trust used to be. I’d tag along with my older brother, John, as he was employed there carrying the papers and helping Jim. Every week when the new paper came out, I would look forward to seeing “who made the Patriot.”
Now, as I still look forward to reading the Patriot, most of the things that come from the pen of Michael Coughlin and the members of the CCAG are disturbing, laughable and at times completely off the wall! As you stated in the March 27 issue, the governor’s office has denied your list of CCAG-approved board of trustees for MMA. You said “It was a blatant thumb in the eye of the town.” I don’t know, Mr. Coughlin, but I think it’s the CCAG that’s the thumb in the eye of MMA. The people you have selected are fine individuals, I’m sure—a president of the Heinz Endowments, and an ambassador to Iceland—but I don’t think those are enough credentials over an MMA graduate and CEO of the ABS! I’m sure the latter won’t be invited to the CCAG’s cocktail parties!
Obviously, I support the MMA. It was an incredible asset to me, my friends growing up, the community and the town. It provided a place to go during school for gym class, after school to hang out and held all of Adams School sporting functions, as it still does to this day. I know that may be hard to understand as a retiree here in Castine, but to open the paper, week after week, month after month, to see this constant heckling of the finest maritime college in the country, all over a house, is getting a little old. Maybe the next time you are in Augusta, you can try to do something productive like getting additional funding for the terrible roads around here. Or more funding for the schools.
And in response to Mr. Berleant’s letter in last week’s Patriot: open your eyes! MMA does well more for the town than if the town lost $5,500 bucks on the Abbot house! Opening its doors to the Adams School saves you taxpayers of Castine from having to build and fund a gymnasium. MMA students make up a large part of the fire department. MMA students were cleaning up from the storm last fall before it ended. And the list goes on and on. You are nitpicking. But you do mention something worth looking into. The taxes for that property are only $5,500? That’s absolutely amazing! Printing this fact is just begging for another town assessment. I think the tax should be five times that amount. Then you would have enough to support the necessary improvements.
I support MMA’s decision to buy the Abbot house.
Michael Bragdon
Penobscot
Castine Patriot, 07/24/08, page 1
Castine
Analysis and update
31. Abbot House one year later
Return to top
By Colin Powell
While the one-year anniversary of Deborah Pulliam’s death passed two months ago, another date is on the horizon. Nearly one year ago, Maine Maritime Academy signed papers and officially became the owners of Pulliam’s house at 162 Battle Avenue, known by the last name of its original occupant, William Abbot.
Recent history
As soon as word began to spread that the school had signed the $1.4 million sales agreement, the house became a lens which polarized the community into those who supported the sale and those who did not. For many of those against the purchase, the issue was over the school’s expansion and perceived mismanagement of current properties. Bill Prindle, a Castine resident and family member of former Abbot House owner Betty Foote, started www.MMAWatch.org. Prindle questioned the legality of the purchase based on the town’s zoning ordinance, as did a number of other citizens. He also criticized the academy for making a large purchase while allowing buildings like the Propeller House or Dismukes Hall to fall into disrepair.
Independent of Prindle, a group of citizens passed around a letter of concern, the signers of which formed the Castine Citizens Action Group. The CCAG began with the common desire to oppose the school’s purchase of the Abbot House and over time has developed into a public group dedicated to increasing communication between the town and the school. One attempt to achieve that, recommended by legislators with whom they were communicating, was to make recommendations for three open spots on the school’s Board of Trustees. The CCAG proposed three members of the Castine community who they felt were well qualified, though none were chosen by Governor John Baldacci.
Hearing the public outcry over the purchase, the selectmen asked the planning board for an opinion of the school’s ability to use the Abbot House for its next president’s house. The board concluded that, while the purchase was legal, the school’s use of the house would be in violation of the zoning ordinance, which prohibits post-secondary education use of property in the Village III zone. With that, the selectmen unanimously approved the use of legal action to settle the claim, which MMA refuted.
Present politics
With the pending lawsuit, the school and town are not at liberty to discuss the facts of the case. The town’s attorney, Geoffrey Hole of Bernstein Shur in Portland, said in a recent phone interview that mediation was unsuccessful and the pretrial discovery period was done. An e-mail to David Loughran, special assistant to Assistant Attorney General William Laubenstein, who is handling the case for MMA, confirmed that neither a trial date nor a judge have yet been set. The town has spent nearly $16,000 in legal fees on the lawsuit. At a special town meeting on October 15 the town approved a transfer of $20,000 from surplus to the town’s legal account for anticipated legal fees associated with the lawsuit.
In the meantime, the CCAG has continued to focus on the process the school went through to purchase the Abbot House. They have communicated with numerous legislators and are working closely with Representative James Schatz to seek a legal opinion from Attorney General Steven Rowe about the lack of a public vote by the entire board approving the Abbot House purchase. In a letter to Rowe on July 21, 2008, Schatz asks whether the absence of such a vote might void the purchase. He quotes Section 3.6 of the school’s bylaws, which requires all property transactions be subject to final approval of the board of trustees. He has not yet received a reply.
“Too often big companies or state organizations are able to overpower smaller groups,” said Schatz in a recent interview. He continued, saying the CCAG “deserves a fair hearing.” MMA’s Vice President of Finance, Richard Ericson, noted in a recent phone interview that both Dirigo House and the school’s Penobscot property were acquired in a manner similar to the Abbot House. “Those were basically done administratively with some informal discussion with board members as to our intent.” Ericson said approval from the board came after the fact.
While the two issues of the purchase and the use remain in legal limbo, the school is maintaining the property. Ericson said MMA is keeping the lawn mowed, removing elms infected with Dutch elm disease, and making plans to paint one face of the house this fall.
Proposed solutions
The Castine Citizens Action Group would like Abbot House to be relinquished by the academy and put back on the market. They note that there is a already a resident of Castine who has expressed an interest in owning the historic property.
MMA would like to use the property to house the school’s next president. They have made their case for wanting to move the Alumni Affairs offices into the first floor of the current president’s house and open up more classroom space.
The town hopes to support its Zoning Ordinance and maintain the legal platform it affords the citizens of Castine.
And, in a public statement, Schatz offered the academy the unsolicited opinion that the purchase be nullified. He noted a number of issues, but primarily that the he and other lawmakers worked hard to secure a $1.5 million bond to help the school repair and renovate its facilities, and that the Abbot House purchase undermined that effort.
Now, as the one-year anniversary of the controversy arrives, the town’s case is soon to appear before a judge, Schatz should receive an opinion from the Attorney General’s office, and Maine Maritime Academy’s Board of Trustees will sit for their quarterly meeting on August 1 with subcommittee meetings on July 31 (see announcement in this issue).
Castine Patriot, 08/07/08, page 3
Castine
32. MMA Trustees accept first student for 2015, ratify Abbot House purchase
Return to top
By Colin Powell
Dylan Griffin was accepted as the first student in the class of 2015 during the quarterly meeting of the Maine Maritime Academy Board of Trustees, Friday, August 1. An eighth grader at Riverton Elementary School in Portland, Griffin wrote an essay for a scholarship competition describing why he wanted to attend MMA. Engineering professor Paul Mercer, who presented the idea to the board, said Griffin’s father and two uncles are all members of the MMA Alumni Association and his father currently works as a pilot out of Portland.
Besides being “provisionally” admitted, which means he must still meet application requirements, Griffin was invited on campus for a weekend visit and was made an honorary member of the class of 1942 who were holding a reunion the same weekend. In a ceremony at the end of the meeting, Griffin appeared before the board and was presented with a certificate as well as a sweatshirt with “Class of 2015” embroidered on the sleeve.
In regular business, the trustees heard reports from the board’s committees as well as the president and the Alumni Association. President Leonard Tyler presented a year-in-review report now that the school is officially in the 2008-2009 fiscal year and preparations are underway for classes to begin in September. He noted that the school received an eight percent increase in state appropriations. “It’s never enough,” said Tyler. “But it was nice to have an increase, compared to flat funding.”
Tyler said most of that increase would be spent on fuel. “We spend more money on our ship’s fuel than we do on the entire rest of the campus,” said Tyler, noting that energy use at MMA is an issue. He noted that the school is currently looking at some very different strategies to mitigate that, ranging from minor schedule changes to an eight-week winter break. (See committee stories in this issue.) Tyler did note that the federal Senate appropriation change might raise the academy’s funding from $200,000 to $500,000, which could be used for fuel costs.
The Student Affairs Committee reported to the board that there is a small decline in in-state students this year and a small increase in out-of-state students. The committee expressed concern that with generally decreasing student populations in Maine this would become a trend. Tyler noted that enrollment would be the biggest challenge for the next four or five years for MMA. The school has also been working on improving retention rate using a MELMAC grant.
The Advancement and Endowment Committee reported a successful visit by state legislators to the campus. They were given a tour of the dozen projects the school is undertaking with the $1.5 million bond issue granted earlier this year. For a detailed list of the projects, and reports from the board’s other committees, see the separate stories in this issue.
Lastly, the board held a nearly two-hour executive session in which the two topics were a personnel matter and a legal matter. At the conclusion of the session, the board unanimously passed two motions, one to ratify the purchase of the Abbot House property. The other gives the president and the chairman of the board the authority to “move ahead with any actions necessary to resolve issues associated with Abbot House,” read Chairman Victoria Larson.
The board will hold their next meeting on November 7, though the location has not been determined.
Castine Patriot, 10/23/08, page 1
Castine
33. Briefs filed in Abbott House lawsuit
Zoning ordinance
interpretation
“arbitrary,”
defense claims
Return to top
By Colin Powell
The defense of Maine Maritime Academy’s use of Abbott House on Battle Avenue will rest on the town’s arbitrary interpretation of its zoning ordinance and the unreasonable operation of the document, according to legal briefs filed Friday, October 17. The school’s attorney, Assistant Attorney General William Laubenstein, also stated that the case may not be ripe for decision and should be dismissed.
“Castine has already determined that one and two-family dwellings, multiple-family dwellings, home occupations, libraries and museums, markets and retail sales, public recreation facilities, churches, synagogues, chapels, parish houses, rectories, pre-elementary schools, elementary schools and secondary schools are not detrimental or injurious to the community in Village District III. Given this wide range of permitted uses in Village District III, it is difficult to rationally justify Castine’s prohibition on the academy using the Abbott House as a residence for its president,” wrote Laubenstein.
He further cites a case in 1981 when the Court ruled that a zoning ordinance must, “bear a substantial relationship to the advancement of the public health, safety, morals or general welfare.” While recognizing the town’s legitimate interest in regulating post-secondary schools, Laubenstein argues that the town cannot absolutely prohibit the school’s expansion into residential areas. In fact, he noted that other states have long recognized that educational institutions actually help further the advancement of public morals, health, welfare and safety and so cannot be totally excluded from residential districts.
Noting that since purchasing the property in August 2007 the school has yet to begun using it, Laubenstein said the code enforcement officer has not issued a notice of violation as provided in the zoning ordinance. The selectmen and planning board have instituted a declaratory judgment action, but, wrote Laubenstein, such actions are only operative in cases where a genuine controversy exists. While controversy exists over the question of whether Abbott House can be used by the school, until the president begins using it, argues Laubenstein, “any opinion issued by the court would arguably be merely advisory, which would require dismissal of the case.”
In support of the case, the town’s attorney, Geoffrey Hole of the Portland-based Bernstein Shur, maintained the stance that housing the academy’s president constitutes institutional use and is not permitted in Village District III where Abbott House is located. Citing the ordinance, Hole writes that Section 2.4.6, limiting expansion of existing institutional development, has been a part of the document since 1981, “because even then the voters were concerned about ‘institutional creep.’”
With regards to housing the college president being an institutional use, Hole cited two previous lawsuits in which the court said a residence for the president of the institution is usually considered part of the school. In the case of Doane College v. County of Celine in Nebraska, the college president’s house was cited as part of the school and, thus, not taxable. In MMA President Leonard Tyler’s deposition, he stated that he does not pay income taxes on the house and the use of the house, “because ...it’s part of the campus.” Hole also provided evidence of occasional use of the president’s house for hosting trustees, alumni or small groups of students for institutional events.
Both attorneys are now required to file reply briefs by Friday, October 31. No trial date has been set.
Castine Patriot, 1/22/09, page 1
Castine
34. Decision reached over Abbot House
Court rules in favor of MMA, warns against institutional uses
BY COLIN POWELL
In a decision filed on January 13, the Hancock County Superior Court ruled in favor of Maine Maritime Academy, saying that the school’s ownership of the Abbot House does not violate the town’s Zoning Ordinance. In his discussion of the case, Justice Kevin Cuddy states, “If the Abbot House is used solely as a residence then its use is not institutional. A zoning ordinance restricts uses, not ownership.”
However, Cuddy also asserts that the town’s concern over MMA potentially expanding their use of the Abbot House is, “well-founded.” He notes that while the school has stated that trustee and student receptions, traditionally held at the President’s house, would continue to be held at Wyman House, “It is unclear how [these] functions could continue to be held in a building that had been converted into office space.”
The decision also states that the current use of the Wyman House falls somewhere between a strictly residential use and institutional use. It further states that, “Use of the Abbot House beyond that of a residence would be prohibited unless it was merely incidental or accessory to its use [as a residence].” Beyond entertaining guests and holding parties, the court’s decision says, “There is a line that if crossed would result in a zoning violation by MMA.”
In a phone interview, MMA President Leonard Tyler says the decision reaffirms what the school has intended for the property all along. “From the beginning we have planned on using the building solely as a residence in the same way any other resident in town uses their house,” said Tyler. Responding to the Court’s statement about the conversion of the Wyman House, Tyler said offices would only be created in the walkout basement and the second floor. “The first floor of the house, where most functions are currently held, would remain largely unchanged,” said Tyler.
In a letter to the community, the Castine Citizens Action Group, said they are pleased with the Court’s decision, noting that it, “Confirms the legality of the town’s zoning ordinance by strictly limiting MMA’s use of the Abbot House to that of a residence.” The group met on Sunday, January 18, to reaffirm their mission to support the town’s actions and promote a cooperative relationship with Maine Maritime Academy.
CCAG Coordinating Committee members Liz Parish and Don Mordecai attended the selectmen’s meeting on Tuesday, January 20, calling for plans to make sure the academy’s activities at the Abbot House stay within the zoning ordinance’s restrictions. “The decision, as it stands at this point, clearly raises the question of how to determine and monitor use to avoid any activity that would violate the zoning ordinance,” said selectman David Unger adding, “But first we have to decide whether to appeal or not.” Selectman Peter Vogell said the clock is ticking, and that the town had only 21 days to submit an appeal. Asking for public input, Parish noted that much of the town probably isn’t aware a decision was reached.
The selectmen began their meeting with an executive session to discuss the matter with their lawyer. After the session, chairman Gus Basile said, “We’re checking our options.” Later in the meeting Basile told the audience that he was interested in having a small meeting with members of the town and the academy to discuss the decision. “Not a town-gown meeting. Just a small group with maybe Len [Tyler] and a few other people, and figure out what is going on.”
Castine Patriot, 1/29/09, page 1
Castine
35. Castine to appeal Abbot House court decision
Two of the Castine selectmen were present and one was on the phone for an executive session with the town attorney on January 27. The issue of discussion was whether to appeal the recent Hancock County Superior Court decision that Maine Maritime Academy has a right to own the Abbot House but must stay within the town’s zoning ordinance with their use of the six-acre property.
The session lasted only 30 minutes when the selectmen returned to an open session and quickly made a motion to appeal on the grounds, stated Selectman David Unger, “That the decision fails to consider the proposed use of the property on a unified basis, and secondly on other grounds.” Once the motion was seconded and up for discussion, Unger added that he believes there are inconsistencies in the court’s decision.
“The decision places an unrealistic burden on the town in terms of policing what would be considered accessory uses as compared with institutional uses,” said Unger. He also noted that parts of the decision, “rely upon certain statements in the academy’s deposition that use qualifying words that do not clearly state that the sole use of the property would be for residential purposes...” With Selectman Peter Vogell absent, the board voted unanimously to support the motion.
Despite the fact that the agenda did not include time for public comments, resident and zoning board of appeals member Patrick Haugen took issue with the selectmen’s decision. Haugen said he did not want to go into much detail, but felt the ruling, as presented, covered the items Unger listed in his concerns. “The judge clearly stated that it is up to the town to determine what “accessory use” means. It is up to the CEO of the town to make sure that those items are addressed,” said Haugen. He also added that the court, in its decision, made clear that it could only rule on whether the transaction was illegal or not. “A willing seller and a willing buyer came together over a certain price, and anyone is allowed to purchase a piece of property in these United States,” said Haugen. Unger replied that the selectmen are not contesting ownership, nor are they trying to argue the case. “We are just pointing out things that we are concerned with in the decision,” said Unger. In response, Haugen warned, “You’ll get the same response back and we’ll waste more money on this issue.”
Castine Patriot, 10/02/09, page 1
Castine
36.Supreme court upholds superior court
in Abbot House case
BY COLIN POWELL
CASTINE—The Maine Supreme Court upheld a Superior Court decision in favor of Maine Maritime Academy. The ruling, in a memorandum of decision dated Thursday, September 22, ends a legal debate over the school’s right to own the Abbot House property and the use of the building as a president’s residence. “Contrary to the Town’s contention,” states the memo, “use of the property as a residence does not become a post-secondary school use simply because the Academy owns it.”
Citing three similar cases, one in Maine and two in New York, the Court stated that, “the Academy’s use of Abbot House as its president’s residence is properly categorized as a “one-family dwelling,” which is an allowable use in the Village III District where it is located.” The memorandum proceeds to provide the town with recourse via the Superior Court should the Academy use the property for non-residential, institutional purposes in the future.
Speaking in a phone interview, MMA President Len Tyler said the school thought from the beginning that the matter would be resolved in their favor. “Hopefully this is over and done with and we can get this behind us and get on with other issues between the community and the academy,” said Tyler. He noted that not much will have to be done to make the house ready for the next president, but added that the school’s priority now is on selecting his successor and not where he will live.
While Gus Basile, chairman of the Castine selectmen, was away, selectman David Unger said that, at this time, there is no more legal action to be taken, though the selectmen have not had the opportunity to talk as a group about what the decision means in the long run. “We’ll be careful to observe the use, which is what our zoning ordinance is all about,” said Unger.
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