News

Gray's regulatory quagmire
By Elizabeth Prata

Gray--Why is it so hard for businesses to accomplish renovations, expansions, or other items that are regulated by the Town of Gray? Why does it take so long for businesses to get through the Planning Board process when in other Towns such processes are streamlined and enable businesses to get off the ground much faster? Why does Gray have such a rotten reputation when it comes to business?

The Community Economic Development Committee (CEDC) acknowledged at their September meeting that Gray has a negative reputation when it comes to the Town working with businesses. All Towns have regulatory processes, but in Gray it seems that once you enter the regulatory quagmire, you can never leave.

As a result of the concerns expressed by the CEDC, and also concerns expressed by businesses and developers, the Town Council has begun querying people who have had experiences with Gray's processes. They really want to know, 'how did we do?' The Council also created a charge for the CED Committee to research this quagmire and see if the Council, Boards, staff, and committees can come up with a solution.

Council Chair point of view

Chair Gary Foster said, "I do see Gray's regulatory process as a deterrent to business and residential development and improvement. Much of what I understand as a "Regulatory Quagmire" in Gray is from testimony or comments from others who have experienced Gray's regulatory process. Problems range from errors and inconsistencies in our Zoning Ordinance to imposing conditions on applicants that are not required by our Ordinances."
He continued, "Our CEO [Code Enforcement Officer] mentioned problems with incomplete applications due to lack of staff involvement with applicants, consequently requiring additional hearings, lengthening the process. Others have cited requirements imposed on them, only to find further conditions imposed, requiring additional review, time, and cost."

An applicant's point of view

Ask applicant Sue and Russ Jeffords at Stonehedge in West Gray about their experience with the Town and you will get a long and emotional answer. Sue and Russ bought the formerly named Freeman Farm, a historic district at 342 West Gray Road which was added to the National Register in 2003. The house was built in 1788 and there are two other historic structures as well as rambling creeks, hills, forest, and pristine acreage. The owners wanted to share the land and its bucolic setting with neighbors, area residents, and the Town alike, so they decided to host one of the first in a series of events planned for the property, a Country Music Fest, last July.

Sue said that their plans really began before last Christmas, when they wanted to host the Town's annual Christmas party. "We thought it would be nice, rather than in a gym on main street, to have it here in the woods, with sleigh rides, and in the decorated barn with carols. We wanted to donate the barn for a party for needy kids." The plans did not gel in time for the holiday but they decided to make it happen for Christmas 2005. Meanwhile they started planning the Country Fest for July 2005.

The Town had recently instituted the mass gathering ordinance and as the couple said, "We wanted to approach this in good faith, so we applied for a permit." The trigger for having to apply is if more than 500 people are expected to attend. "We had never hosted a festival here but we thought it possible that more than 500 would come, so we went to the Town."

Sue explained that the Town's intense scrutiny, mostly by Manager Mitchell A. Berkowitz, was constant and bordered on harassment. "He called us. He visited us. He talked to us in Town Office. We had meeting after meeting." The couple got so frustrated at not being able to get a straight answer and move forward in the permitting process, that at one point they even brought their lawyer to a meeting, to which the Manager had also invited the Town Attorney and the CEO.

The couple's quest to have a three-day musical event on their rural farm looked like it wasn't going to happen, even up to the last minute. "Mitch never sent us our permit. He just sent us a new letter week after week, holding the permit over our heads. He said we have issues. We don't have issues. Mitch has issues."

The couple has since hosted several other events on the property, including a Bluegrass Fest to raise money for Hurricane Katrina victims and a haunted hayride and barn dance, also a benefit. Each time, their experience with the Town was not positive. As for the 2005 Christmas party they had long-planned for the town? "We don't have the spirit for it. Mitch has ruined our feelings for Christmas, for the Town and even our property."

The Manager's perspective

Manager Mitchell A. Berkowitz was contacted via e-mail for comment, but he called and said that he will get to it when he gets to it, seeing as he had other priorities to handle this week.

Land Use Attorney point of view

Linda Russell is an attorney with expertise in land use and real estate. In her experience, she has seen municipalities undergo miring in regulatory quagmires quite frequently. In other words it is not an unusual phenomenon.
There are usually several overlapping layers related to regulatory quagmire when it happens, Ms. Russell said. Zoning decreed upon a municipality by the State or Feds, such as Shore land Zoning in Maine, impacts the process. Second, there is local zoning created by the town itself, and its attendant boards such as Planning Board who implement it. Last, there are the Manager, Planner and CEO.

The Manager, Planner and CEO are critical to the process, Ms. Russell said, because they are the ones shepherding the applicant through it. "If they dispense bad or incorrect advice, it delays the process."

The Planner's perspective

When asked if there was a regulatory quagmire in Gray, or if not, to share a regulatory success, Gray Town Planner Dick Cahill answered, "I think what it boils down to is the fact that there are a lot of State environmental type laws as well as business licenses and on top of that you have the local ordinances that are designed to protect the citizens as well as businesses. Every town has this same situation. I think some of the local regulations should be reviewed to see if the review process can be expedited."

Mr. Foster said that at Council's request, the Ordinance Review Committee has unanimously recommended that they review all of Gray's ordinances, and stated at last week's Council meeting that it will be accomplished in three months. Meanwhile, the CEDC geared up to review their charge at this week's meeting.

How and why does a slow regulatory process hinder business? Attorney Russell said, "Developers want to be able to determine their income and expense at the beginning of the process so they can decide whether it's a good business risk." With excessive delays, that risk increases and the income shrinks.

Planning Board liaison speaks to the issue

Vice-Chair Andy Upham is Council liaison to the Planning Board. He said that over the last six months, since he was elected, that he has been in silent observation mode. He spoke up at the Council's meeting Monday night, however, saying he has heard one constant theme come up at Planning Board meetings. He said that the Planning Board has consistently stated that they are frustrated with the Town Engineer's performance.

Mr. Upham said that the Board cites poor response time and/or poor product. Mr. Upham was displeased that the Planning Board has been laboring under this rising and lengthy frustration, and that the Planner has done nothing about it. The Planner, who attends the same meetings, has not looked into the issue nor has he brought it to the attention of the Manager, Mr. Upham said.

"Why isn't the Planner giving guidance on this? Why isn't the Planner or the Manager looking into the contract? This is a case of the Manager and the Planner not getting together. Feedback should be coming on a regular basis to you," Mr. Upham said to the Manager, "and the Planner has to do a better job or there will be hell to pay."

Copy of contracted engineer's agreement with town of Gray will be reviewed and then the council will establish a meeting date with the engineer firm, Manager, Planner and Councilor(s) to review the scope of work and performance.

Mr. Foster said, "Other communities have an expedited review process requiring only one review for certain applications such as some small start-up business, or in-home businesses. I am hopeful that we can implement improvements to make Gray more "user friendly" for both business and citizens."

Council task list on quagmire:

Charge CEDC to review processes
Charge ORC to review ordinances
Council to review Engineer scope of work, contract
Council querying former and current applicants

To contact the Council with your experiences of Gray's regulatory processes,

Chair: Gary Foster, Ph/fax, 657-4754, gfoster@securespeed.net
Vice-Chair: Andy Upham, ajupham@aol.com, 428-3285
Denise Duda, gpduda1@netscape.net, 657-2721
Skip Crane, mcrane@maine.rr.com, 657-5176
John Welch, KL7@netzero.net, 657-4054