Letter to the editor: Windward House zoning amendment is bad planning practice

Thu, 09/11/2014 - 11:15am

In November, Camden voters will have the opportunity to decide whether or not to approve the Windward House's proposed zoning change. Even though the majority of the Select Board opposed the substance of this change, they did the right thing in allowing the petition process to go forward to the ballot in November. That is our process, and it is important that the public has a full understanding of both the immediate and long-term consequences impact of this zoning change before they vote on it. Although much has been written about this issue, so far a number of important issues have not been addressed or have been glossed over. This letter will address one of these issues.

In contrast to what Mrs. Bifulco says, this is not just about her and her business. It is about good town planning. She could have purchased an inn in any of nine business zones in Camden that would allow her to expand as she wishes. But, instead she chose to buy a $1.2 million dollar business in a residential zone where business expansions are prohibited (in Camden and in most places). Now she asserts that she and her business are victims of unfair discrimination. She also claims that she was unaware of these restrictions when she bought the property, even though the zoning restrictions were public knowledge at the time and her husband is a lawyer. Before investing more than $1 million, due diligence is always appropriate.

While Mrs. Bifulco likes to characterize her proposed change as small, it is anything but small in its impacts. Among these is that it sets a precedent that important planning principles embodied in the zoning code can be set aside for the benefit of one small business and to the detriment of many others ( i.e., downtown restaurants and competing Inns), and ultimately the town as a whole. This is why the state's Guidance Manual for Local Planning Boards strongly recommends that nonconforming businesses in residential zones (as the Windward House is) should be allowed to continue, but should not be allowed to expand. If this business is allowed to change the zoning code for only their benefit, and in contradiction to recommended planning policy, how will the town prevent any other business that wants to operate in some other residential zone from getting the same ill-advised permission?

Altering the zoning regulations in residential areas in order to the benefit of this nonconforming business not only doesn't help a town's business base, it also means that no homeowner in any residential area can depend on the existing zoning code to protect the character and livability of their neighborhood and the value of their investment. It leads to helter-skelter development and sprawl – just exactly what the code is intended to prevent. This is bad planning practice and will backfire.

There are a number of other very important issues that need to be clarified as well. It seemed appropriate, however, to begin with the big picture issue first before addressing these other important impacts.

Dennis McGuirk lives in Camden