2018-08-03 / Front Page

Ordinance updates headed to ballot

By Duke Harrington Staff Writer

KENNEBUNKPORT — Voters in Kennebunkport this November will see requests to OK updates to at least three local ordinances.

At their July 12 meeting, selectmen reviewed without comment requested changes to the town’s Victuallers Ordinance and the Telecommunications Ordinance.

At a subsequent session on July 26, selectmen reviewed a proposed amendment to the Waterfront Ordinance.

According to Town Manager Laurie Smith, changes to the victuallers ordinance, applicable to those who serve food and drink, were driven by the fact that one such establishment in town refused to renew its license this past May.

She did not name the business in question. The issue that arose, she said, was that the ordinance which requires the license — adopted by the town in 1998 and last updated in 2000 — has no provision for enforcement.

Under the proposed revision, failure to obtain the proper license would result in a fine of $100 for the first violation and $200 for the second and each subsequent violation.

Asked for clarification by Selectman Stuart Barwise, Smith said the violations would not automatically compound by the day.

“I think, what would happen is that to get a second violation you would have to be reminded again,” she said.

The update also clarifies that a victualer license runs from June 1 to May 31, and that an application to obtain one must be submitted to the town office before April 30 of each year.

According to Town Planner Werner Gilliam, the update to the Telecommunications

Ordinance was requested by Verizon Wireless.

It would let the town’s code enforcement officer approve so-called alternative tower structures for cell phone antennas.

Essentially, Gilliam said, this would enable Verizon and other telcoms to place small cell nodes atop existing utility poles to act as boosters for streaming data.

Although the date notes are primarily intended to go atop utility poles, a concurrent changes to the town’s Land Use Ordinance would define “alternative town structures” as “clock towers, bell steeples, light poles, water towers, electrical transmission line towers, smoke stacks, existing buildings, and similar mounting structures that camouflage, conceal, or support the presence of antenna(s).”

Gilliam said the ordinance is currently under review by the town attorney and, given that it was last updated in 1999, other minor language updates may come forward before the November vote in order to better comply with changes to state and federal regulations enacted since then.

Finally, the Waterfront Ordinance amendment would limit commercial and recreational mooring permits at Cape Porpoise Pier to those who are either “pier members in good standing,” or who are “shorefront owners as defined in this ordinance.”

The ordinance defines a shorefront owner as someone who has at least 100 feet of frontage anywhere along “Kennebunkport waters,” who “can demonstrate that a mooring site fronting their property is both practicable and safe.”

Staff Writer Duke Harrington can be reached at news@kennebunkpost.com.

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