As the town of Damariscotta moves closer to a public vote on the adoption of new form based codes, about 50 people turned out for a Tuesday night meeting March 22 to discuss building use and economic development under the proposed code.
Held at Skidompha Library and jointly hosted by the Damariscotta Planning Advisory Committee (DPAC), the Damariscotta Region Business Association (DRBA) and Our Town, much of the meeting focused on whether chain restaurants and retail stores would be allowed under form based codes.
Most attendees appeared concerned about that possibility, and wondered whether such stores would undermine the “unique” qualities of Damariscotta. Several people in attendance expressed concern that chain stores would negatively affect both the tourist economy and the town’s ability to keep local dollars local, rather than sending them out of state.
Damariscotta attorney Peter Drum wondered about the possibility of a business like Outback Steakhouse moving onto the proposed new development at Piper Commons, and said that while a business like the Damariscotta River Grill purchases local food from local farmers, an outside, large chain business would not.
Drum also cited concern about whether form based codes would supplant existing measures like the local size cap, and further worried about the fact that form based codes have not yet been tested by any US Supreme Court case.
The town’s code writing consultant, Paul Dreher of Newport, Vt., said that while form based codes do not prohibit large chain stores, they often act as a deterrent, largely because they encourage compact development, on street or behind building parking, and walkability from one business to another; things that are not generally appealing to big box or chain stores.
Several people questioned whether the town can augment the proposed new code with a restriction on chain businesses. Drum said that several other Maine towns have done exactly that, and that this can be accomplished in a variety of ways, including limiting the number of chains allowed in town, or defining what a chain store is by the number of outlets it has. Some wondered if a local chain, like Renys would be prohibited under such restrictions.
Mary Kate Reny, who was representing the DRBA, said Renys currently has 15 stores, and that, in fact, they have been prohibited from participating in the “shop locally” campaign in their new Portland location, because they are considered a large chain. She then joked that if Damariscotta were to implement such restrictions, they should use 25 stores as their definition of a chain.
Our Town representative Jenny Mayher expressed reservation about restricting smaller chain stores like Pizza Hut, and others called such restrictions both “unfair” and “un-American.” Nonetheless, even those citing a possible lack of fairness still felt such a restriction would have favorable effects upon the local economy.
Local resident and Damariscotta River Association Executive Director Stephen Hufnagel said that while he occasionally visits the McDonald’s drive through for morning coffee, he felt form based codes encourage local economic development potential. Every dollar he spends at McDonalds is going elsewhere, he said. “What can we do to encourage spending and jobs to stay local? How can we grow in a way that keeps local dollars local?” Hufnagel said.
The actual impact of form based code in action was felt most directly when one attendee mentioned that a public form based code meeting held on March 21 resulted in a decision not to allow drive-throughs in town, except in the case of banks. Local resident Jim Cosgrove said that, while he is in favor of form based codes, “I think we have to be clear about what we want from this code. What if a local person wants to build a drive through, like we had with someone who was selling local coffee at a drive-through a few years ago? Is it that we don’t want drive-throughs or that we just want to keep outsiders away?”
Local businessman Rob Hunt said that after hearing about form based codes, “It made a lot of sense to me. It simplifies things, limits paperwork and allows more flexibility.” He said that current regulations can be “discouraging and overwhelming” to young business people. “Form based codes make it easy for a young person to outrun that corporation or big business,” he said. “A working man can make sense of form based code without two years of paperwork. ”
Hunt also cautioned form based code supporters not to stay exclusively focused on retail in their discussions of the proposed code. Hunt, Mayher and Reny were particularly excited about the ability of form based code to encourage innovative use and development downtown and elsewhere, particularly as related to light industry. They specifically cited things like food production, chair and sail making, and the kinds of new green and computer based businesses that appeal to “young entrepreneurs.”
Dreher confirmed the code’s ability to encourage such growth and said that since his town passed form based codes last year, “We’ve seen more economic growth and development than we’d seen in 40 years.”
He cited a new business in his town, a combination restaurant, bakery, winery and cheese maker, which has moved into three vacant building on Newport’s Main Street. Dreher said such mixed use, including the light industrial use of the cheese maker, would not have been allowed under former use based code. At the same time, he said, a Wal-Mart that had been considering moving to his town decided to go elsewhere.
Both Reny and Our Town representative Eleanor Kinney spoke about new initiatives in town like the YMCA pool and the purchase and preservation of farmland once sought by Wal-Mart. Five years later, Kinney said, “it feels like good closure, that this beautiful gateway property will stay farmland, working land that will produce food for this community, be part of the economic fabric and produce jobs for farmers. It feels really symbolic.”
As the meeting came to a close, Barnaby Porter of The Maine Coast Bookshop and Café said, “The strongest threads I’ve heard tonight are a love for this place and its uniqueness. People love this town.”
The next public code development workshops will be held on March 29 and 30, and April 4 and 5. A public hearing is scheduled for May 2, with a town wide vote on June 14. For more information, visit www.damariscottame.com.
