Downtown merchants filled the hearing room Monday evening but couldn’t sway Wiscasset selectmen from unanimously recommending Option 2 to the Maine Department of Transportation.

Business owners took turns airing concerns about the outcome of the June 14 non-binding referendum for proposed MDOT traffic improvements. By a 2-to-1 margin, voters chose Option 2 that eliminates Main Street parking.

Prior to the election, selectmen promised to support whatever option voters chose including a no-build option.The project that includes installing traffic lights and constructing sidewalks will require months of planning. Construction is estimated to cost between $4 million and $5 million, and will get under way in 2018.

The voting on Election Day wasn’t without controversy. Supporters of the no-build option complained about illustrations depicting MDOT Options 1 and 2 on display outside the polling area in the lobby of the community center. The no-build supporters had to hand out their literature outside the building in the driveway. Several business owners questioned the fairness of this and sought a legal opinion from Damariscotta attorney David Levesque.

“They believe that due to the fact that the Town Planner openly advocated for Option 2 by posting signs at the polling place encouraging a vote for Option 2 while supporters of Option 3 were prohibited from posting flyers encouraging a vote for Option 3, the vote was fundamentally unfair and bias towards a particular outcome,” stated Levesque in a letter to selectmen dated June 20.

“To correct this, my clients request that the Town hold a second vote and that the Town ensures that all parties are allowed to advocate for their preferred option,” added Levesque.

Ben Averill, the town planner, was not at Monday’s meeting. Selectman Judy Flanagan acknowledged the MDOT illustrations and flyers were at the polls on the morning of Election Day but were later removed. It wasn’t clear who made the decision to put them on display in the entryway outside the polls.

Town Manager Marian Anderson said in response to the concern she’d contacted the law firm of Bernstein Shur for a legal opinion. She said because it was a non-binding referendum the rules as far as what information could be displayed at the polls were more flexible. It was also stressed that the illustrations depicted Options 1 and 2 and included Option 3 as well.

Others, like Ralph Deering III, saw no benefit in either of MDOT’s options. Deering owns several properties downtown. “Right now you have all of the Main Street’s buildings occupied,” he said, adding, eliminating parking could hurt commerce, causing some of these businesses to go elsewhere.

“It’s a short (tourist) season we’re talking about from about the end of June to the end of August,” said Erica Soule, owner of Rock, Paper, Scissors. “By 5 p.m. traffic isn’t bad. People that live here know this.” She questioned the wisdom of spending so much money to solve a problem occurring just a few hours of the day, four months out of the year.

John Reinhardt of the town’s Historical Preservation Commission told selectmen he had serious concerns about Option 2 and its impact to the historical district. “Our downtown is the way it should be, not the way MDOT wants it to be,” he said.

MDOT Project Engineer Gerry Audibert said because the project involved federal funding, public involvement was required. This included an assessment of any impact the changes would have to the historical district. If Option 3 were chosen, MDOT would do nothing to address the traffic concerns, he added. “This administration has said this is the last chance for Wiscasset, a bypass is out and the options we offered are the best we could come up with.” 

Flanagan said she was hopeful that Option 2 could be made to work for the community. “I think we can work together. It’s not going to be easy but we can do it. I see it as a step forward.”

Selectman David Cherry said Option 2 still faced some major hurdles. “Anyone that wanted to vote on this question had the opportunity and this option passed by a big majority. I understand it wasn’t the choice of the downtown business owners but you’re not the only voters in town. It’s incumbent on the board to support the majority,” he commented.

Selectman Ben Rines Jr. said he voted for Option 3 but had made it plain before the election he’d support the will of the majority. “I also think we have to give more credit to people, they knew what they were voting for when they cast their ballot.”

Chairman Judy Colby said she, too, would vote with the majority of the townspeople. “It’s time we listen to the townspeople and this is what they want,” she said.