Fox Hill CLA Unlawful?
FHRE's original proposal to rezone Fox Hill has 72 lines of deletions, changes, and additions—a blatant case of special-exemption spot zoning that contradicted Camden's state-approved comprehensive plan and town ordinances ensuring its neighborhoods will remain safe, quiet and residential. Upon losing their bid for a rezone with the Select Board, FHRE declared themselves a Community Living Arrangement (CLA) in an effort to push through the rehab facility. This latest gambit distorts state and federal laws designed to meet the real needs of patients protected by the Americans with Disabilities and The Fair Housing Acts. While we fully support treatment for people recovering from addiction, rich or poor, we disapprove of FHRE maneuvering to further enrich themselves at the expense of our town's character. On March 27th, a group of Bay View neighbors, The Friends of Camden Maine LLC, filed a complaint in U.S. District Court against Fox Hill Real Estate and McLean Hospital, asking for injunctive relief: “The proposed Bay View property facility does not constitute a ‘community living arrangement’ for persons suffering a ‘handicap’ and ‘disability’ under the governing laws.”
Alarming Changes to Camden's Zoning
To appreciate just how extensive Fox Hill Real Estate's changes are to Camden's existing zoning ordinances, click on the link below. Red indicates alterations. proposed_ordinance_changes.pdf Print Advertisements
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Friends of Camden Maine Legal Complaint
The complaint states that "such improper use of the Bay View Street property would adversely affect property owned by the plaintiffs by, “inter alia [among other things], causing substantial additional traffic and noise on a residential street, posing a serious safety issue due to the narrowness of Bay View Street and its sharp turns, and negatively impact the market value of the neighboring homes by inserting a commercial facility into a residential neighborhood.” Portland Rezoning Vote Overturned in Court Superior Court Justice Joyce Wheeler has ruled that a rezoning decision by the Portland City Council was unlawful, finding the conditional rezoning approval was inconsistent with Portland’s comprehensive plan. Arguments in the Portland case suggest that spot zoning Fox Hill would not stand up in a court of law. Portland Press Herald A Letter From 26 Local Realtors People purchase homes in Camden because they appreciate the character and quality of our community. One of the primary purposes of the zoning ordinance is to “protect existing neighborhoods.” Realtor Letter Fox Hill Numbers Just Don't Add Up After listening to Fox Hill Real Estate’s (FHRE) Economic Impact Study presentation, Dennis McGuirk, who has run a consulting business since 1989 and lives in Camden, evaluated its merit: dennis_mcguirk_letter.pdf a_numerical_analysis.jpg |