WELLS, Maine — A proposed moratorium on large-scale housing projects in the community is now in the voters’ hands.
The Wells Select Board unanimously agreed to forward the proposal to a special town meeting after a public hearing and discussion that lasted more than two hours on April 16.
Given that large developments are a hot topic in Wells, the Select Board held its meeting at a larger venue than its usual meeting place at the town hall. Sure enough, the auditorium in the Pratt & Whitney Building at York County Community College was close to being filled.
Specifically, the moratorium is proposed to last 180 days and to apply to construction projects involving 45 housing units or more. If approved at a special town meeting — likely to be held in July, according to Select Board member Robert Foley — the moratorium would take effect retroactively from April 16.
Majority of residents back large-scale building moratorium
Two dozen residents spoke during the public hearing. Most were in favor of the moratorium, citing concerns about the effects of large-scale developments on the community’s environment, infrastructure, services, quality of life, health and traffic, particularly along Route 1.
Resident Linda Stritch, for example, said she wanted the town to conduct an impact study on local roads. She noted Maine’s population is increasing as at least one study showed Maine ranking high among states in the country to which people are relocating.
“All the more reason for a moratorium,” Stritch said.
The first resident to speak, however, was Richard Jorgensen, who hopes to sell his property at 502 Post Road to a Massachusetts developer proposing to build 165 single-family townhouses on 121 acres currently wooded. The proposal, making its way through the town’s planning process, has been a much-discussed topic in the community.
Jorgensen spoke highly of the project’s developer, Arnie J. Martel, of AJM Construction, saying Martel will “provide a wonderful place for people to live and become members of Wells.” Jorgensen said the project, once complete, would add to the town’s tax base, would likely attract older people who would not have children in the school system, and would be “self-contained” and would not require plowing or other services from the community.
Jorgensen told the board and the audience the property sale was key to his retirement. He referred to the press coverage and social media discussions and took issue with the way the town’s proposed ordinance for the moratorium was worded.
“This whole thing is aimed right straight at me because there’s no other large piece of developable land on Route 1,” he said. “What do you want me to do? We’ve been planning and purchasing for this for 40 years, and now you want to stop this, even though it conforms with all the laws.”
Some who spoke during the hearing empathized with Jorgensen, even as they voiced support for the moratorium. During the discussion that followed, Select Board member Scott DeFelice said he felt for the Jorgensens and their desire to retire.
“I strongly feel for individual rights,” he said. “However, the town also has to make sure that things are being done properly. These issues are real.”
Later in the meeting, Foley told Jorgensen the proposed halt on large-scale development was not personal. He said the moratorium is intended to give the town time to examine its ordinances to make growth more manageable across the community.
“This isn’t about your project,” Foley said. “This moratorium is not going to make your land unsellable.”
Some suggested that the Jorgensen property could be sold to a land trust or some other entity that would keep the land in conservation.
Resident Linda Trombley, for example, referred to successful conservation efforts in North Berwick, the town abutting Wells.
“It can be done,” Trombley said. “It has been done.”
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Wells' proposed building pause would last 180 days
As drafted by town attorney Leah Rachin, the proposed ordinance opens with an acknowledgment of the interest in large-scale developments in Wells, “which is on a scale that is substantially larger than previously contemplated for the town.”
The document notes that the town approved 76 residential subdivisions for the community between 2009 and 2023. The average size of subdivisions approved during this period comprised 14 dwelling units, the document added.
While the proposal speaks to large-scale developments in general, it does refer to the Jorgensen project, though not by name, describing it only as consisting of 159 dwelling units slated for land in the town’s general business and rural districts.
“This proposed development is substantially larger than any subdivision that has been approved in the town of Wells in the last 15 years,” the document states.
The proposed moratorium quotes the town code, which states that the purpose of the rural district is to “maintain the open, rural character of the land within the district.” The town code also asserts that forestry and agricultural uses should be encouraged on such land, while “large-scale residential uses” should be “discouraged.”
Echoing the statements of residents, the proposed moratorium also speaks to concerns about the potential impact of large-scale developments on traffic, infrastructure, the environment, local character and more.
“The town needs a reasonable amount of time to study the infrastructural and land-use implications of large-scale residential development within the town,” the document states.
The document also adds that the town would use the moratorium’s timeframe to work with the local Planning Board, Code Enforcement Office and other departments to examine ordinances and consider which standards might be appropriate in the areas of locations, project approvals, and performance standards.
If approved, the moratorium would apply to the construction of large-scale developments, the acceptance and processing of related applications, and the issuance of any related permits or any other form of regulatory approval.
While the moratorium would last 180 days, the Select Board would have the authority to extend it after first giving proper notice and holding a public hearing. The board could take such action if it feels that problems regarding large-scale development still exist, or if progress is indeed being made and needs more time to continue.
Select Board debated the definition of 'large-scale' developments
Before their unanimous vote, Select Board members discussed the proposal and debated how many dwelling units should be defined as “large-scale” in the moratorium.
Select Board Chair John MacLeod III, for one, gave his reason why he would support setting the number at 30, instead of 45, as 30 would be double the average of units approved during the 15 years cited in the proposal.
“If my boss comes out to me and says, ‘I’m going to give you a 10% raise,’ that’s pretty good,” MacLeod said. “If he says, ‘I’m going to double your salary,’ that’s large-scale. That’s big.”
Rachin cautioned, however, that the moratorium needed to be credible in its definition of “large-scale” development if ever it faced a legal challenge.
“The smaller the number, the greater the risk,” she said. “That’s where we’re at.”
After a motion was made to forward the moratorium to voters with the “large-scale” amount at 45, Select Board member James Smith sought to amend the motion to lower that number to 30. His motion failed, however, due to a lack of a second.
After the vote, Foley noted the high public attendance at the meeting and urged residents to stay involved with the issue, now through the day of the special town meeting.
“Really pay attention to when we put this on the ballot,” Foley said. “We’re going to need people to come out and vote.”
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