Lubec board votes to allow ATVs on some roads, if conditions met

Municipal officers are not obligated to defer to the public when deciding to open municipal roads to ATVs, according to a legal opinion provided by the Maine Municipal Association (MMA). This information was provided during the Lubec Select Board meeting held June 18, during which the board narrowly approved allowing ATVs on certain municipal roads, subject to the local ATV club providing a map showing connected trails where private property owners have granted permission for ATV use. The issue of opening up a portion of the town to ATV traffic previously had been the subject of a contentious meeting held by the board on May 7.

In an email sent to Lubec Town Administrator Suzette Francis on May 12, MMA attorney Sarah Jancarik wrote, "The public may attempt to influence the board's decision, but the municipal officer's choice is not delegable to the town meeting or subject to override by the voters, regardless of the municipality's form of government." Jancarik preceded that comment by pointing out the board's obligation when they designate a public way to "determine that ATV travel on the extreme right or within another specified portion of the right-of-way may be conducted safely and will not interfere with vehicular traffic."

During the June 18 meeting, Selectman Daniel Daley updated the board on the newly formed Lubec ATV Club, of which he is listed on social media as administrator. The club, according to Daley, is attempting to gain cooperation from property owners who will permit the construction of connecting trails, allowing travel across their property to Boot Cove Road and Maple Tree Drive, with the intent to allow ATV travel as far as McFadden's Variety, a convenience store that sells gas at the intersection of Maple Tree and Route 189. ATVs would be permitted to cross Route 189 but would not be allowed to travel on the state road. "We don't plan on using South Lubec Road," Daley added.

"I don't think the traffic will be that much," he said concerning the number of ATVs, triggering Selectman Nancy Harrison to respond, "That's what you think."

Select board Chair Carol Dennison moved that these municipal roads be opened for ATV travel, "contingent on if and when the club produces a map" showing connections agreed to by the relevant property owners. This motion passed by a 3-2 vote, with Dennison, Daley and Selectman Mark Kelly voting in favor, and Selectmen Dan Wagner and Harrison voting against.

Other business

In other business, Richard Huntley of the public works crew brought up the question of parking, noting that this is a perennial summertime question. The suggestion was made to ask merchants fronting Water Street, and their employees to park off of that street, but the issue would not be resolved, as adequate space elsewhere will remain scarce. "Parking is a major issue in this town," remarked Dennison, prompting Daley to ask Huntley, "What do you suggest?" Huntley replied, "I really don't know." The board voted 5-0 to close certain streets for a portion of one day during the upcoming Bay of Fundy International Marathon; the finish line is on Water Street.

Following the select board meeting, three public hearings were held, discussing the proposed Land Use Ordinance; updates to the state-mandated Shoreland Ordinance, including the recently recreated map showing different protection zones; and the newly prepared town Comprehensive Plan. All three are to be presented for a public vote during the town's business meeting, set for August 6. For each item, these hearings were the second of a required two. Planning board Chair John Nielsen observed that a number of comments received during the first set of meetings resulted in adjustments.