The debate in Standish rages on over how best to protect its historic district, or whether to protect it at all.
In the latest twist to this preservation saga, Councilor Larry Simpson introduced an order at Tuesday’s Town Council meeting that, if passed, would repeal the Historic Preservation Ordinance enacted nearly four years ago in a referendum vote.
But after several members of the public and two councilors spoke in opposition, the order was defeated – for now. Initially a three-to-three tie (with Councilors Simpson, Terry Christy and Jeff Richardson voting yes and Cindy Hopkins, Phil Pomerleau and Dolores Lymburner voting no), the order was voted down when Simpson changed his vote to no.
Amending his vote to “no” allows Simpson to reintroduce the order for discussion within the next 30 days. But he’s upset that it had to come to that.
“I knew there’d be opposition and I knew there’d be support,” he said Wednesday. “I’m really upset with the council – it’s the first time they’ve not allowed something to be put on the table to be discussed.”
But Council Chair Hopkins and Councilor Lymburner both felt that the ordinance, while not perfect, should be upheld because it was voted in by Standish residents.
“The Historic Preservation Ordinance was brought by the people, by petition, to a vote,” Lymburner said. “To me, that says we want it. Maybe this ordinance isn’t perfect, maybe some parts need to be changed, but I’m not about to vote against the will of the people.”
Simpson brought the order to repeal the ordinance to the council just weeks after residents George McNeil and Eleanor Dudek filed a lawsuit against the town of Standish over a recent decision made by the Historic Preservation Commission.
In its January meeting, the commission granted a certificate of appropriateness to Robert Higgins, allowing a developer to move the Higgins home, a 100-year-old house located at the corner of routes 35 and 25 in the historic district, 200 yards down Route 35. Part of the developer’s proposal included restoring the house in its new location and building a new retail structure, in the style of existing historic buildings, on the site created by the move.
This was after the commission had said no to Higgins in its December meeting. Consequently, Higgins wrote a letter requesting the commission reconsider the developer’s proposal, citing, among other things, the poor condition of the house, the traffic noise at the home’s current location and the financial loss to him and his wife should the deal fall through.
In their suit, McNeil and Dudek charge the commission with disregarding the procedures outlined in the Historic Preservation Ordinance by failing to notify residents of a public hearing and neglecting to wait the required 21-day period between filing an application and their next meeting.
According to David Lourie, the attorney who filed the lawsuit on behalf of McNeil and Dudek, if the ordinance were repealed, the case would not go forward and the developer could proceed with moving the house.
When asked if he sponsored the order to repeal the ordinance because of the lawsuit, Simpson answered that the suit was only part of his reason.
“I’m opposed to it in principle,” he said. “It cost us a major business in this town – Fairpoint New England wanted to put a brand new building (in the historic district) that would have employed 115 people but they moved the whole thing to Portland.”
Although Simpson is against the ordinance, which he feels gives the Historic Preservation Commission more power than the Planning Board, he said he would have entertained the idea of recommending the order to go to a referendum vote. And he pointed out at the council meeting that the original referendum passed by only a small margin.
But Dudek had a reply to that comment.
“It may have passed by a small margin,” she said, “but George Bush was elected by a small margin and he’s still our president.”
And, at least until the next council meeting, the Historic Preservation Ordinance is still in the Standish code.
The potential moving of this house in Standish has touched off a debate over the town’s historic preservation district.Send questions/comments to the editors.
