Maine Supreme Court affirms lower court's decision in grist mill matter

Dear Friend of Save Mill Lane Park,

The 7-member Maine Supreme Court has unanimously affirmed the decision of Superior Court
Judge Wayne Douglas in the grist mill case.  The Supreme Court affirmed Judge
Douglas's decision vacating the Kennebunkport Planning Board's approval for
construction of a grist mill. The decision was issued as a "Memorandum of
Decision" dated January 11, 2018.

The Law Court focused on the fact that the Planning Board never approved a site
plan application for the boathouse to be operated as a museum. The Court did not
accept the Town of Kennebunkport and Kennebunkport Conservation Trust's
arguments that the Planning Board "implicitly" approved the boathouse to be
operated as a museum. The Court wrote, "Because the Board erred by granting the
Trust's application, we affirm the judgment."

The original Superior Court decision which vacated the Planning Board's approval
of the grist mill construction, directed that the Planning Board deny this
application. Judge Douglas called the Planning Board's decision an "error of law."

There are no further appeals from this specific Planning Board application.

Thank you all for your support of and interest in this matter which is of great
importance to the Kennebunkport community. There is substantial regional interest in
this property which is currently used as a public park and non-motorized boat launch
facility.

Jon Eagleson
Susan Graesser
Susan Graham
Lora McGrath
C. Evan Stewart
Jenifer B. Stewart
Gretchen Huber Warren
Pete Warren

YORK COUNTY SUPERIOR COURT JUDGE VOIDS PLANNING BOARD APPROVAL TO CONSTRUCT GRIST MILL

On April 7, 2017, York County Superior Court Judge Wayne Douglas vacated the Kennebunkport Planning Board decision granting approval for construction of a reproduction grist mill on conserved land on Mill Lane.

This is the link to read the York County Superior Court decision Eagleson v Town of Kennebunkport and Kennebunkport Conservation Trust.  Copy the link below then paste it in your browser.

https://www.dropbox.com/s/ljni7ed4vu90rpr/EaglesonKCTSuperiorCTdecision.pdf?dl=0

Reprint of "Readers' Forum" published in April 23. 2016 Journal Tribune, Biddeford, Maine. This document was signed by the eight Plaintiffs who have appealed the Planning Board decision approving the grist mill construction and development of the park.

There were several misleading statements and important omissions in the story, “Rebuilding of historic grist mill begins” published in the April 13, 2016 Journal Tribune.

The Kennebunkport Conservation Trust secured the property on Mill Lane in Kennebunkport’s historic residential zone in 2006, following a public and private fund raising campaign. At that time, the Trust represented its goal as preservation of one of the last open spaces along the Kennebunk River with the statement that the land would be preserved as open space forever.

The article contains the comment that the Trust “…had always intended to rebuild the iconic structure…,” a concept attributed later in the story to a staff member of the Trust. This is either untrue or is evidence of deceit on the part of the KCT. During 2005 and 2006 when the Trust was seeking funds from the public and from private sources to secure the land, no public mention was made about constructing a grist mill. No development of any kind was suggested aside from installing a ramp and floats for non-motorized boat launching into the Kennebunk River.

In 2005, the Trust Executive Director, met with over 30 neighbors seeking their approval and soliciting money for the land purchase. He explicitly stated that the land would remain as a public open space and mentioned nothing about building a replica grist mill.

It was not until 2008 that the Trust announced acceptance of a $5 million gift which included $1.5 million to build a replica grist mill on this conserved land. This was the first public statement by the KCT that acknowledged their intentions to develop the open space park land into a tourist attraction and gift shop.

The real story here isn’t about the ersatz construction of a building which can never be replaced but about the ethical and moral dilemma created by a land conservation organization which has turned into the developer of land it promised to preserve as conserved public space for future generations.

It is correct that, in a split decision, the Kennebunkport Planning Board voted to approve the project. However, the legitimacy of that zoning decision has been appealed to Maine Superior Court where it is still pending judicial review.

This effort by a land conservation organization to develop one of the last publicly accessible lots along the Kennebunk River – a project the KCT called a “tourist attraction” in an application to one state permitting agency - has become controversial. The construction is opposed by many people who live in the community as well as in neighboring towns, including the person who is generally believed to be Kennebunkport’s town historian, Joyce Butler.

MILL LANE PARK IS NOW BEING DEVELOPED

A MESSAGE ABOUT THE STATUS OF 8 MILL LANE, ALSO CALLED MILL LANE PARK OR GRIST MILL PARK, FROM THE PLAINTIFFS


The Kennebunkport Conservation Trust has started the development of the former grist mill site along the Kennebunk River. A video has been posted on youtube which can be viewed using the search term "Mill Lane Park Development April 2016" on the youtube site.

Earth moving equipment was delivered to the site on April 1. The removal of shrubs and the large maple tree began on April 4.

You are receiving this email because you have shown an interest in preventing the development of this property, which was purchased by the Kennebunkport Conservation Trust in 2006 to be held in conservation forever, or, until now.

The pending appeal of the Planning Board decision does not prevent the land developer, Kennebunkport Conservation Trust, from starting their project to build a replacement grist mill and parking lot. However, the Trust begins this development at their own risk. A Superior Court judge has the authority to overturn the Planning Board decision and instruct the property owner to restore the land to its pre-development state, should the Planning Board decision be overturned.

We thank you for your support.

Jon Eagleson and Susan Graham, Susan Graesser, Lora McGrath, C. Evan Stewart and Jenifer B. Stewart, Pete Warren and Gretchen Huber Warren

Paid Ad in Kennebunkpost October 23, 2015



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"A Very Special KCT Announcement!!"

From: members-bounces@thekennebunkportconservationtrust.org [mailto:members-bounces@thekennebunkportconservationtrust.org] On Behalf Of office@thekennebunkportconservationtrust.org
Sent: Wednesday, November 25, 2009 4:22 PM
To: KCT members
Subject: [Members] KCT Thought and Message of the Week

 

                             A Very Special KCT Announcement!!

 

In this time of Thanksgiving, we have something for you as a Trust member and supporter to be truly thankful for.  The Kennebunkport Conservation Trust is delighted to announce that we have received our largest single capital campaign donation to date, $5 million!!

By vote of the Board and with the consent of the donors,

This magnificent gift will:

Add $1 million to our endowment to help guarantee that the vision of the KCT will continue as we work to protect the beauty and character of our community for this generation and all who will follow.

Create a $250,000 endowment to ensure that the Trust in our Children program will continue to build community as we link our children with the landscape.

Pay off all Trust Debt

Create a fund to begin the process of re-building the old Grist Mill as a Kennebunk River Learning Center for the benefit of our children and all others, and landscape the site in a manner which will highlight the beauty of our river and town.

Use $1 million to endow the Grist Mill property.

Create a fund of approximately $1.2 million which can be used to match other contributions towards the purchase of those remaining significant properties that will enhance the Trust's current holdings and mission.

This wonderful gift is a giant step forward in a dream started many years ago, but our journey is not yet over and your support is as important now as ever.  Indeed, it is support such as yours that has led us to victories such as this.  And it will be your continued support that will help us to match funds to protect land, enhance Trust in our Children, build trails, create programs for seniors and so much more.  That is what your membership in the Trust is all about. That is what a community is all about.  Together we can make a difference. Together we can do great things!

 

A Very Happy Thanksgiving to All!

 

 

No one who achieves success does so without the help of others. The wise and confident acknowledge this help with gratitude.
-- Alfred North Whitehead

 

Letter from Joyce Butler about grist mill construction

JOYCE BUTLER

P. O. Box 94

5 Durrell’s Bridge Road

Kennebunk, Maine 04043

207-985-4878

jmkb2@roadrunner.com

 

June 6, 2015

TO: Whom it may concern

RE: Kennebunkport Land Trust proposal for use of the former Olde Grist Mill restaurant site, Mill Lane

I am writing to affirm my objections (see my 9/17/2014 e-mail to Tom Bradbury) to the KLT’s proposal to erect an imported—from Texas ?—gristmill on the site.  Although I am not a resident of Kennebunkport, as the author of Kennebunkport: The Evolution of an American Town, 1603-2003, which was published in 2013, I assume my interest in this matter is justified.  Also, to further justify my interest, I can tell you that I lived from 1959 to 1962 in the former Clemmie Clark house that then stood on the rise of land next to the mill/restaurant; thus, I am familiar with that section of Kennebunkport and have a sense of the negative impact on the surrounding neighborhood of what will essentially be a tourist attraction.

I have been assured by Mr. Bradbury that the Trust has the money to carry through this project; but, having the money to do something does not mean it should be done.   As a member of the Trust, it seems to me the money would be better spent on preserving more open space in Kennebunkport and maintaining the various properties the Trust already owns, including a number of buildings.

It seems to me that if the Trust wishes to direct attention to the history of the Mill Lane site this could be done with a modest billboard or plaque on a monument with a photo of the Perkins gristmill and text describing its history.  Also, if the Trust wishes to educate the public on how a gristmill works this could be done with a slide/power point program at its headquarters building or perhaps at the Community House on Temple Street.

The importance today of the Mill Lane site is in the views and access to the river it provides.  Both amenities are sorely needed.

I am also seriously concerned about the negative impact of the Trust’s plan, even in its scaled down version, on the surrounding neighborhood and its residents’ quality of life.  This has been clearly spelled out by them and does not need reiteration here;  but, I ask, at what point does the quality of life of residents of Kennebunkport take precedence over the entertainment of tourists?

The negative impact of tourism on Kennebunkport’s river village is already clear.  Some residents on Maine Street have planted rows of tall evergreen trees between their house lots and the street where tourists drive and park their cars and the sidewalks where they walk.  Without these barriers peace and privacy is lost; with them a once handsome streetscape and a sense of neighborliness are destroyed.  Also, access by year-round residents to Dock Square businesses, to churches, and to the Graves Library is problematical during the tourist season, which no longer ends on Labor Day.

It is my fervent hope that town officials and the leadership of the KLT will listen carefully to their constituents’ objections to the proposed plan for the Mill Lane site and instead will preserve it as it now is for the benefit of all.  To quote the Trust’s own motto, “Together we can do great things.”

 

Sincerely,

 

Joyce Butler

(Mrs. G. Robert Butler)