court rules against construction of a recreation center on Emery Field, town considers its next move

A battle over the location of a proposed Community Center in Kittery has been raging for more than three years now, with both sides alternately cheering and sulking. The latest cheers have come from members of Save the Village, a group that opposes construction of a new Community Center on Emery Field. That’s because a York County Superior Court justice recently sided with the group, effectively rejecting the town’s application for the construction.

“I think they are very happy. It’s been a lot of hard work for them,” said attorney Alan Shepard, who represents Save the Village. “It’s not that easy to be dedicated to something when it takes several years to be resolved.”

Town officials, meanwhile, are left to consider their next move, which could involve shifting their sights to the Frisbee School.

“It’s very frustrating,” said Kittery Town Manager Jonathan Carter. “How can anyone expect development to occur when you have situations like this happen?”

The latest twist came as the result of an appeal filed by 10 members of Save the Village, alleging that the Planning Board failed to get the necessary majority votes to uphold certain findings of fact regarding the construction. But to understand the case, you must first look back at its history.

The story began in 2004, when Kittery voters approved construction of a 25,000-square-foot Community Center to replace the small structure that currently houses the Recreation Department. The town proposed building the center on Emery Field, a 5.6-acre town-owned parcel located in Admiralty Village, a compact neighborhood once home to many military families. Abutters quickly formed Save the Village to oppose that location, arguing that the new construction would decimate a valuable piece of open space.
“Emery Field is the only open space in this part of the neighborhood,” said Admiralty Village resident Kathryn Davis, a member of Save the Village. 

On March 23, 2006, the Planning Board voted 4-2 in favor of building the Community Center on Emery Field. Save the Village appealed that decision, arguing that it usurped residents’ rights to limited open space. The court denied that appeal on Nov. 7, 2006, spurring Save the Village’s Lisa Comeau to appeal to Maine Supreme Court. On June 26, 2007, the higher court partially remanded the case to the Planning Board, ordering the town to provide the court with written findings of fact regarding the basis for its original 4-2 vote in support of the construction.

The Planning Board reconvened on Aug. 30, 2007, and meticulously reviewed the town’s application for the Community Center. During this review, members of the Planning Board voted on whether the application met 29 separate requirements that are imposed by a town ordinance on any site proposal. A majority of Board members voted that all 29 requirements had been met. On Sept. 30, the Board issued findings of fact reaffirming the decision to approve the application.

But there was a snag. Town ordinance requires that any Planning Board decision be supported by at least four majority votes. Two of the 29 items that the Planning Board considered last year passed by 3-2 votes. The first item involved traffic conditions that the proposed Community Center would create. The second involved whether or not the construction would be in accordance with the town’s Comprehensive Plan. Save the Village appealed, arguing that the Planning Board failed to rake in the four votes it needed on each of those two items.

“The Planning Board was inclined to want to get this approved and get it built, and, in this instance and others, kind of overlooked some of their own requirements,” Shepard said.

Town attorney Duncan McEachern argued that the findings of fact that the Planning Board reviewed constituted procedural matters that were not subject to the town’s four-vote requirement. “The judge saw it another way,” McEachern said. “The judge held that the findings were more substantive than procedural.”

Justice Arthur Brennan granted the appeal on April 23 and remanded the case to the Planning Board for entry of a decision denying the town’s application. While Davis and others were elated by the ruling, it was a disheartening moment for many others, including Kittery recreation director Janice Grady. “Was it unexpected? No, but it was disappointing,” Grady said.

The current Community Center, located beside Emery Field at 2 Cole St., is too small and needs to be replaced, according to town officials. Grady said the Community Center Building Committee formed 14 years ago to begin exploring potential sites for a new facility. “We investigated every available site in Kittery,” Grady said. She now feels like those 14 years of work have been flushed down the drain. “The project is over as we know it,” she said.

Carter echoed Grady’s frustration, noting that a group called Friends of Kittery Recreation fundraised and spent thousands of dollars in support of the project.

Carter planned to meet with McEachern, City Council members and other town officials in executive sessions to discuss how to proceed. Although the town could appeal Brennan’s decision to Maine Supreme Court, Carter feels it may be time to move on and explore other options for the Community Center. “I think that’s basically what’s going to come out of the executive session,” he said.

Carter said the Council is already considering the Frisbee School as an alternative site for the Community Center, if the School Committee decides to close the school. Located on Shapleigh Road, Frisbee currently houses about 250 students in grades three to five. But the School Committee may choose to consolidate those students with the town’s other three public schools as a cost saving measure.

According to School Committee chair Jeffrey Pelletier, the town is weighing three main options for restructuring its schools. The first option would be refurbishing Frisbee and retaining all four schools. The second would be closing Frisbee and distributing its students between Mitchell Primary School and Shapleigh Middle School over a two year period. The third option would involve closing Shapleigh and Traip Academy and dramatically expanding Frisbee and Mitchell. That project, Pelletier said, would take several years and cost somewhere in the ballpark of $25 million.

Pelletier said the debate over the Community Center would not have a direct impact on the School Committee’s decision on Frisbee, although Committee members are taking the building’s future into account.

“We’re cognizant of the fact that there’s a strong community voice around Frisbee,” Pelletier said. “It makes us consider the fact that if we do vacate Frisbee, what’s going to happen next?”
Pelletier said he expects a decision on the schools by the end of June.

Grady noted that the Community Center Building Committee long ago explored the possibility of building at Frisbee. The Committee abandoned that possibility due to many of the same issues that later proved to be stumbling blocks for the Emery Field site. Residents who live near Frisbee were concerned about how a new Community Center would affect traffic in the area, and the School Committee was hesitant to let go of the building. In addition, Frisbee would have to be expanded in order to house the Community Center. “We would definitely need to add a gymnasium to that building,” Grady said.

Still, opponents of the Emery Field site hope town officials will now focus on Frisbee as they consider the Community Center’s future. “My hope would be that the town would explore that fully before expending more money to prolong this appeal,” Shepard said.

Davis acknowledges that the town needs a new Community Center, but she maintains that Emery Field is not an appropriate location. Frisbee, on the other hand, “would be a great idea,” she said. Like so many development disputes, it appears that just about everyone in Kittery is in favor of building a new Community Center, but no one wants it built in their backyard.