Scarborough council splits over land deal

SCARBOROUGH — The usual unanimity on the Scarborough Town Council was broken last week by what one member termed an attempt to give "public land for private gain."

"No way," said Councilor Karen D'Andrea. "I can't go for that."

D’Andrea made the same complaint regarding two separate land deals on the council’s July 20 agenda.

Under the terms of one agreement, a small lobster-sales business, currently termed a home occupation but looking to expand, will get to use the entrance to Black Point Park as the primary entrance to its abutting site.

The second deal, proposed by Town Manager Tom Hall, meant giving away a small triangle of land (100 feet long by 8 feet wide on its widest end), acquired by the town as part of its purchase of the Vasile parking lot on Pearl Street, in the heart of the Higgins Beach neighborhood. That parcel lies on the far side of a stockade fence that surrounds the lot.

"I don't see any long-term, viable public use for this sliver, “said Hall. “There's no practical value to the land and, frankly, the cost to move the fence to the actual property line is prohibitive.”

Hall said the abutting property owner has historically used the triangle parcel on his side of the fence "as if it were his own." However, new owners asked to have the property line "cleaned up." Hall suggested drawing up a corrective deed that would simply assign all of the town-owned land on the far side of the fence to the abutting property owner, free of charge.

Although no money was to change hands on the transaction, Hall said the abutters, Allen and Kathleen Dillaire, have "covered all legal fees" required to make the transfer happen. Hall was not able to say Thursday what those fees amounted to. Still, despite zero cost to the town, some councilors could not see their way to approve the transfer.

"I can't support this," said Councilor Carol Rancourt. "I just don't like the idea of giving away public property."

"Is this going to increase the value of their property?" asked D'Andrea.

"Sure," said Hall. "I can't tell you by how much, but it will increase the size of their lot – I can’t tell you the exact square footage –  but, to that extent, it will increase the value."

"So, we’re using publicly held property to enhance private property?" asked D'Andrea. "I can't support that."

Councilor Michael Wood countered that the transfer actually will generate revenue for the town (nobody could say how much, exactly) since added land to the abutters lot will necessarily add to what they pay in property tax.

Eventually, the council came down 3-2 in favor of making the gift.

D'Andrea and Rancourt voted against the transfer, while Wood voted for it, as did Councilor Richard Sullivan and Chairperson Judith Roy. Councilors Ron Ahlquist and Jessica Holbrook were absent from the meeting.

The other deal, involving the use of the entrance to Black Point Park by abutting landowner Eric Tomazin as an off-street entrance to his proposed business, was also passed after some discussion.

Tomazin already sells fresh lobster on the site as a home occupation. In May, he approached the Zoning Board of Appeals for a waiver allowing him to expand his business, first by selling cooked lobster, to be consumed off premises.

The 10-year, no fee license to use the Black Point Park entrance is preparatory to further expansion, which would still require Planning Board approval. The license will become void if Tomazin has not obtained that nod within three years.

Knowing of Tomazin's expansion hopes, the planning office suggested use of the existing park entrance, in order to avoid creating a new driveway on that section of Black Point Road.

"We are concerned about additional curb cuts adding to already congested traffic in that area," said Hall.

Tomazin's customers now use his personal driveway. As part of the expansion, Tomazin plans to move his small lobster shack from one side of his home to the other, closer to the Black Point Park entrance.

"By moving it over, people can access it from the park entrance," said Tomazin, suggesting that would be safer than people crowding in and around his driveway.

"I've seen your business," said D'Andrea. "It's a great little spot. In fact, I support home businesses. I think they're great. But again, I'm having some problem with this use of public property by a private entity."

Tomazin could only point out that his commercial use of the park entrance has the active support of Scarborough’s planning office.

"Oh, I hear ya," said D'Andrea. "But I'm very hesitant."

D'Andrea voted against the licensing agreement. Sullivan, Rancourt, Roy and Wood voted in favor.