The Boothbay Board of Selectmen's meeting held on Monday, January 28 began with a silent moment of remembrance for the late selectman, Eric B. Hodgdon who died unexpectedly on December 30 of last year.

The selectmen voted to wait until the May general election to fill Hodgdon's seat.

Town Manager John Anderson advised the selectmen of complaints he had received from residents regarding the plowing, salting and repair of roads.

"The town is responsible for town roads and the DOT is responsible for the physical condition of Route 96 (to the Middle Road at Ocean Point), River Road, Barters Island Road and Country Club Road," said Anderson. "We only plow and sand for them."

Anyone observing areas of the specified roads above that require repair, i.e. potholes, contact the state about it through the Edgecomb DOT office: 882-5512

Fred Kaplan has been appointed to the Board of Assessment Review as an alternate to a term that ends on June 30, 2010. One alternate position remains.

After receiving planning board member Ken Hanson's letter of resignation, the board recommends the appointment of Svend Jorgensen, an alternate board member, to fill the full member position vacated by Hanson.

The application of David Alley, 485 Ocean Point Road in East Boothbay to construct a 6' x 110' pile supported pier, a 3' x 50' seasonal ramp, two seasonal floats (10' x 30' and 10' x 40') and a 10' x 50' skidway adjacent to the pier, all in Linekin Bay.

The application of Philip A. Simard, 30 Western Ledge Road in Boothbay, to construct a 4' x 35' pier with a 3' x 30' seasonal ramp and a 12' x 8' float in the Damariscotta River.

The selectmen approved the junkyard permit renewal for Dover Used Cars, owned by Philip and Annette Main on the Dover Road after Anderson stated that there were no issues.

Town Attorney Sally Daggett, Code Enforcement Officer (CEO) Marian Cadrette-Anderson and several East Boothbay residents whose property abuts the former Water's Edge Motel & Cabins, on Route 96, were present for the discussion.

The Water's Edge Motel and Cabins property is now owned by as Water's Edge Joint Ventures LLC. Two of the owners were present but did not participate in the discussion.

The abutters present were displeased at not having been notified that a consent agreement had been arrived at without their knowledge. The agreement contains the following points: the property is to remain seasonal, the property is to continue as a motel and cottages, a guest book must be used and room rates must be posted.

Daggett presented an overview of the grandfathered property: that it contains 13 motel units and eight cottages that were sold in August 2007; prior to the sale, a condominium was declared. Under Maine law condominiums are a form of ownership - Waters Edge Joint Ventures LLC group is the new owner. For zoning purposes, the property has always been a motel and all of the units have kitchens.

CEO Cadrette-Anderson had received condominium documents and grew concerned, because of zoning, which the new property owners intended to convert the units to dwelling units.

The property is in the general residential zoning district, carrying a minimum lot size requirement per principal structure provision.

Concern continued to grow in the CEO's office because converting to dwelling use required planning board review for potential subdivision issues.

The CEO requested more information from the owners, but ultimately a notice of violation was issued and conversations subsequently took place between the owners and their attorney and Daggett about the condominium documents.

"Basically it was determined that it was really a technical violation," Daggett said. "If the property owners had made it clear in their documents that the units would still be operated as motel and cottage use and that they were still going to comply with some of the requirements under Maine Law for motels and inns and continue with motel use that they would have complied with town ordinance..."

Daggett said the owners have amended their documents to be consistent with what is required under Boothbay's zoning ordinance. Copies of the consent agreement were on file at the CEO's office. The one caveat to the agreement was that although the terms could be worked out between the owners, the CEO and attorneys, the violation fine would have to be set by the selectmen.

Daggett recommended that because it was a technical violation and no harm was done to the environment, and because the owners were very compliant with the town's requests for information that the fine should be within the $500 to $1,000 range. Daggett added that the consent agreement also states that the owners will pay Daggett's fees rather than the town.

Some of the units are served by an overboard discharge license that had expired while the property was still owned by Gordon Frizzell. The DEP had visited the property and re-issued the license that is valid May 1 through October 31 of a calendar year.

There was confusion among audience members about the word "condominium." Most of those present thought of condominiums as individual dwelling units not as a 'form of ownership.' Although the property was to remain a motel and cottages, the motel units, because they contained kitchens, could be sold to separate owners. This would result, including the eight cottages, in 21 potential owners of the seasonal units, if all the units are sold.

Daggett said that there is statutory procedure when any structure, be it an apartment building or office building that sets forth all requirements. This form of ownership under Maine Law requires that some areas of the property are in common ownership by all unit owners and then areas that are solely owned by each individual owner.

Daggett said that the town does not have the authority to grant or deny condominium ownership, that it was a matter of state statute. She further explained that it is against the law to discriminate against the condominium form of ownership.

Abutter Claudia Long questioned how separate condominium sales that were prohibited last year could now be approved.

Daggett replied, "It is not something that requires planning board approval. They are converting the form of ownership, which they are allowed to do under state law. There are many types of `condos' and what form it takes physically depends on what the condominium declaration drawn up is declared. In this case the declaration specifies that the units will be seasonal, that a central rental office would be maintained, that it will be motel-cottage use, that the maximum daily rates will be posted, that they will have a guest register."

Abutter Peter Williams was concerned about the overboard discharge and questioned whether the DEP was supposed to evaluate the functionality of the existing license. Daggett replied that the DEP had been on-site and the license had been re-issued in December 2007.

The topic of moorings came up and Anderson said that mooring permits are issued each time one is requested if they are available and cannot be transferred from one owner to another; town approval is not necessary.

Clayton Pottle asked if the interior of the units could be altered and that if this were still a motel, would the units have to have nightly rates.

Daggett said that there will be a central rental office, but it is up to the discretion of the new owners. The owners have a floor plan and have declared what the dimensions are, if they choose to renovate and upgrade the units they must go through the town, but that the current plan was to keep them as they are.

There are, however, lot use limitations because part of the property is in the Shoreland Zone. The lot is currently developed to its maximum capacity. They could, however, increase the height of the structures up to 34', the height allowance in the area.

Planning Board Chairman Kristina Ford was present and said, 'I understand what Sally is talking about and I think she has done a wonderful job trying to make sure that what we care about is that the units will be operated as a motel. I think there are enforcement issues. But my point is that I do not think the town needs a new comprehensive plan; I do think that in a community way we need to have a conversation about what scares us about the future, what is happening in the towns around us, and what the goals are that we care about.'

The selectmen reached a fine decision of $750 plus Daggett's fees (fees unknown at time of meeting) and voted unanimously in favor.

Selectman Chuck Cunningham concurred, adding, 'This is going on in several towns - at the Sheepscot River Inn, The Oyster Shell in Newcastle, and they have sold the rooms off as individual units."

Said Selectman Ross Edwards, "I think this is a reflection of what is going on in the motel business and I think we will be seeing more of it."

Nomination papers for all elected offices at town meeting will be available February 6 at the town office.

The next regular meeting of the selectmen is Monday, February 11 at 7 p.m. at the town office.

Free cell phones are available for the elderly for 911 emergency calls only through the Lincoln County Triad. Contact Deb Mullen at 633-7874.

Second tax installments are due February 6. The grace period extends through February 12.

The new zoning ordinance and updated tax maps are now available on the town's Web site: www.boothbay.me.us

Tuesday, February 12 and Wednesday, February 13 mark the beginning of the budget meetings for 2008 - 2009. The meetings will begin at 5 p.m. February 18 - 20 have also been set aside as budget dates, if necessary.

Thanks are extended to Alan Lewis of East Boothbay - and his ATV - for trying to keep the sidewalks there clear of snow.

Fido's license is up for renewal - all dogs six months and older must be licensed by January 31. Spayed or neutered dogs are $6, if they are not, $11. Please note there will be an additional $15 fee added for late renewals.

Rebuilding Together is looking for houses in need of maintenance and repair for Rebuilding Together Day in early May. Contact: Clayton Pottle at Pottle Realty, 633-2222.