Town of Kennebunkport, ME Establishment of Zones

Village Residential Zone: Beginning at a point, being the intersection of the channel of Goff's Mill Creek and the channel of the Kennebunk River, and proceeding northerly by said channel of Goff's Mill Creek, being the Town Line, to the intersection of said creek and Arundel Road, thence easterly by Arundel Road to a granite stone post at the easterly corner of Merrill Cemetery, thence generally southerly and easterly to a granite post on the southerly corner of land now or formerly of Palmer Clough and on the westerly side of North Street, thence south on North Street to the intersection of Beachwood Avenue, thence by Beachwood Avenue northeasterly to the northerly corner of land now or formerly of Moore, thence southeasterly by land of said Moore and of Fred Merrill to the southerly corner of land of Fred Merrill at land of Bishop Hutchins, thence northeasterly on the line between the said Merrill and Hutchins lands to a corner, thence southeasterly on the line between said Merrill and Hutchins lands and a projection thereof to the transmission line of Central Maine Power Company, thence by said transmission line southerly to the southerly border of land now or formerly of Aline Frink and turning northeasterly by said line one hundred and five (105) rods, thence southeasterly by southwesterly bound of said Frink a distance of forty (40) rods more or less, thence southwesterly by northwesterly bound of land now or formerly of John Smith a distance of thirty (30) rods, thence southeasterly by southwesterly boundary of John Smith land a distance of sixty-two (62) rods to School Street (Buttonwood Road), thence directly across said School Street to the Old William Cluff Farm Road, thence southerly by said Farm Road to the end of an ancient right-of-way leading by easterly boundary of Old District No. 13 School to the Wildes District Road, thence westerly by said Wildes District Road to land formerly of Kenneth Roberts, thence southerly by a stone wall between Roberts and (formerly) Rankin six hundred and ninety-five (695) feet, thence easterly nearly at right angles on a line between Roberts and Rankin three hundred and eighty-eight (388) feet, thence southerly by a stone wall marking the boundary between Roberts and land now or formerly of Wildes to a corner and land of the Kennebunkport Seashore Company, thence southwesterly by land formerly of Roberts and northerly bound of land of Kennebunkport Seashore Company to land now or formerly of Oscar Cox, thence by easterly bound of Cox and westerly bound of Roberts by a wall and land of Cox to the northeasterly corner of land of Cox, thence by northerly bound of Cox and southerly bound of Roberts and in part by a stone wall to the land of Henry W. Hoagland, thence by northerly bound of Hoagland to South Main Street, thence southerly by Maine Street (South) to Fairfield's Creek at the juncture of a way once land out as Glen Haven Avenue, thence directly to the thread of Fairfield's Creek at a point being the intersection of the northwesterly line of land on the northeasterly side of King's Highway of the Kennebunkport Seashore Company (and Braun) extended, thence by said thread of Fairfield's Creek generally northerly to Ocean Avenue, thence in a northerly direction along the center line of Ocean Avenue to the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 1, Lot 14 (now or formerly owned by Gourley); thence in a westerly direction along the southerly boundary of said Gourley lot and a projection of said bound to the thread of the Kennebunk River, thence upriver along the thread of the Kennebunk River to the intersection of said thread with a westerly projection of the northerly bound of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 1, Lot 20 (now or formerly owned by Edmands), thence easterly along said projection and said northerly bound to Ocean Avenue, thence by Ocean Avenue northerly to Chestnut Street, thence easterly by Chestnut Street to the westerly bound of land shown on the 1980 Town of Kennebunkport Assessors Maps as Map 11, Block 9, Lot 12 (now of formerly owned by Chetwynd); thence northwesterly by said Lot 12 to Lot 10 (now or formerly Schmalo); then northeasterly by Lot 10 and Lot 9 (now of Port Building Trust) to the easterly corner of Lot 9; thence northwesterly by the northeasterly side of Lot 9 to Union Street, thence by Union Street easterly to Cross Street, thence northerly by Cross Street to Spring Street, thence easterly by Spring Street to Temple Street, thence by Temple Street northerly to the southerly bound of land now or formerly of the Olympian Club, thence westerly by land of Olympian Club to southwesterly bound of land of said Olympian Club, thence northerly by land of Olympian Club and continuing across the exit from the Municipal Parking Lot to the northerly bound of said exit, thence by the northerly bound of said exit and by the northerly bound of the Municipal Parking Lot to the Town boundary at the thread of the Kennebunk River, thence by said Town boundary to the point of beginning.

Village Residential East Zone: Beginning at the intersection of the center line of the Wildes District Road with the center line of the Perkin's Road (now Land's End Road), thence generally southerly by the center line of said Perkin's Road extended to the flats at Cross Creek at a granite monument now fallen, thence on said line to the thread of Turbats Creek, thence in a southerly direction along the thread of Turbats Creek to the Atlantic Ocean, thence westerly by the Atlantic Ocean to the northeasterly boundary of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 1, Lot 77, thence along the northeasterly boundary of said lot and of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 1, Lot 19 to Ocean Avenue, thence crossing Ocean Avenue and proceeding northwesterly on the northeast side of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 4, Lot 5 (now or formerly of Kashey), thence continuing on this line northwesterly on the northeast boundary of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 4, Lot 4 (now or formerly of Kennebunkport Seashore Company), thence southwesterly on the line between said Seashore Company lot and the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 4, Lot 35 (now or formerly of Matthews), thence northwesterly on the southwest side of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 4, Lot 35, thence northwesterly on the southwest side of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 21, Block 1, Lot 8, thence westerly three hundred eighty-eight (388) feet along the boundary between land formerly of Roberts shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 3, Lot 18 and land formerly of Rankin, thence nearly at a right angle northerly by a stone wall six hundred ninety-five (695) feet along the boundary between land formerly of Roberts shown on the 1980 Town of Kennebunkport Assessors Maps as Map 9, Block 10, Lot 23 and land formerly of Rankin to the center line of the Wildes District Road, thence easterly along the center line of the Wildes District Road to its point of intersection with an extension of the easterly sideline of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 9, Block 4, Lot 31, thence northerly along the westerly sideline of a private right-of-way lying on the easterly boundary of the lots shown on the 1980 Town of Kennebunkport Assessors Maps as Map 9, Block 4, Lots 31 and 28, and an extension thereof to the intersection of the westerly sideline of said private right-of-way with a line running five hundred (500) feet northerly of and parallel to the center line of the Wildes District Road, thence northeasterly along said line running five hundred (500) feet northerly of and parallel to the center line of the Wildes District Road to the center line of the Perkin's Road, thence southeasterly along the center line of the Perkin's Road to its point of intersection with the center line of the Wildes District Road at the point of beginning.

Dock Square Zone: Beginning at a point being the intersection of the southerly bound of land now or formerly of Nedeau and Thompson and Ocean Avenue, thence westerly by said southerly bound and continuing on the same course to the thread of the Kennebunk River and Town Line, thence generally northerly by said thread and Town Line to the intersection of the northerly bound of the Kennebunkport Municipal Parking Lot continued, thence by said northerly bound generally northerly and easterly to the southwesterly bound of land formerly of the Olympian Club extended across westerly entrance to Municipal Parking Lot, thence by said line and southwesterly bound of Olympian Club to southerly bound of land of Olympian Club, thence by southerly bound of Olympian Club generally easterly to Temple Street, thence by Temple Street to Spring Street, thence westerly by Spring Street to Cross Street, thence southerly by Cross Street to Union Street, thence by Union Street to the northerly corner of land of Port Building Trust shown on the 1980 Kennebunkport Tax Assessors Maps as Map 11, Block 9, Lot 9, thence southeasterly to the easterly corner of Lot 9; thence southwesterly by Lot 9 to the westerly bound of land now or formerly of Frank Thompson, thence generally southerly by westerly bound of land of Thompson to Chestnut Street, thence by Chestnut Street to Ocean Avenue (westerly), thence northerly by Ocean Avenue to a point of beginning.

Riverfront Zone: Beginning at a point being the intersection of the southerly bound of land of the Boughton Hotel Corporation and the Atlantic Ocean, thence by said southerly bound of land of said Boughton generally easterly to Arlington Avenue, thence northeasterly to King's Highway (by Arlington Avenue) thence westerly by King's Highway to the northwesterly bound of land now or formerly of Braun (from Schnorr), thence northeasterly by said line of Braun (and southeasterly bound of land of Boughton Hotel Corporation on east side of King's Highway) and northwesterly bound of land of Kennebunkport Seashore Company to the thread of Fairfield's Creek, thence northerly (north-northwest) by said thread of the Creek to the easterly side of Ocean Avenue, thence by Ocean Avenue northerly to the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 1, Lot 14 (now or formerly owned by Gourley), thence in a westerly direction along the southerly boundary of said Gourley lot and a projection of said bound to the thread of the Kennebunk River, thence upriver along the thread of the Kennebunk River to the intersection of said thread with a westerly projection of the northerly bound of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 1, Lot 20 (now or formerly owned by Edmands); thence easterly along said projection and said northerly bound to Ocean Avenue, and thence by Ocean Avenue northerly to the southerly bound of land now or formerly of Nedeau and Thompson, thence by said southerly bound westerly to the thread of the Kennebunk River and the Town boundary, thence southerly by Kennebunk River and the Town boundary to the Atlantic Ocean generally southeasterly to the point of beginning.

Cape Arundel Zone: Beginning at a point on the northerly bound of land of the Kennebunkport Seashore Company at the intersection of land formerly of Roberts and the land now or formerly of Wildes and proceeding easterly between land of Wildes and land of Kennebunkport Seashore Company to a stone wall at the easterly bound of Kennebunkport Seashore Company land, thence southerly by a stone wall and the easterly bound of Kennebunkport Seashore Company to the Shore Road and continuing southerly by a stone wall and the easterly boundary of land now or formerly of one Larsen to the Atlantic Ocean, thence generally westerly by the Atlantic Ocean to the southerly bound of land of Boughton Hotel Corporation, thence by southerly bound of said Boughton land generally easterly to Arlington Avenue, thence northeasterly to King's Highway (by Arlington Avenue), thence westerly by King's Highway to the northwesterly bound of land now or formerly of Braun (from Schnoor), thence northeasterly by said line of Braun (and southeasterly bound of land of Boughton Hotel Corporation on east side of King's Highway) and northwesterly bound of Kennebunkport Seashore Company to the thread of Fairfield's Creek, thence directly (easterly) to South Main Street (at the juncture of a way once laid out as Glen Haven Avenue), thence northerly by South Main Street to northerly bound of Hoagland, thence by northerly bound of Hoagland to the intersection of land of Cox and formerly of Roberts to a wall, thence by said wall and easterly bound of Cox and westerly bound of Roberts generally southerly to the intersection of land of Kennebunkport Seashore Company, thence by generally southerly line of Roberts and generally northerly line now or formerly of Kennebunkport Seashore Company generally northeasterly to the point of beginning.

Goose Rocks Zone: Beginning at the center of the channel at the mouth of the Batson River, thence generally northwesterly by the thread of the River to a point 500 feet northwest of the center line of the traveled portion of Route # 9, thence generally northeasterly 500 feet from and parallel to the center line of Route # 9 to the Biddeford Town line, thence southeasterly on the Town line through the middle of the Island in Little River, thence southerly on the Town line down the thread of Little River to the Atlantic Ocean, thence southwesterly by the Atlantic Ocean to the point of beginning. Also, a portion of land beginning at the same point southerly by the edge of the marsh and upland to the channel of Samson's Cove, thence by said channel or thread easterly to the Atlantic Ocean, thence northerly by the Atlantic Ocean to a point northeasterly of Marshall's Point, thence westerly by the Atlantic Ocean to the channel of the Batson River and to the point of beginning, said zone being approximately four hundred (400) feet in width westerly from the mean high-water mark of the Atlantic Ocean.

Cape Porpoise East Zone: Beginning at the east side of Mills Road at the intersection of Eel Bridge Road, thence generally northerly by the east bound of Mills Road to the Marshall Point Road, thence easterly by said Marshall Point Road to a point four hundred (400) feet westerly of mean high-water mark of the Atlantic Ocean, thence by the marsh and southerly and, in general, four hundred (400) feet westerly of the high-water mark of the Atlantic Ocean, to the flats in Samson's Cove, thence southwesterly across the flats following the Kennebunk, Kennebunkport and Wells Water District line to the marsh at the northeasterly terminus of Fishers Lane, thence by the flats and generally southerly and easterly around Bickford Island to the Pier Road's most southerly extension at the flats, thence by Pier Road and generally northerly to the intersection of the Pier Road causeway and the easterly bound of Cape Porpoise Harbor, thence by the edge of the flats along the easterly bound of Cape Porpoise Harbor to the northerly bound of Crowell thence easterly by land of said Crowell to the Pier Road, thence northerly by Pier Road to the southerly bound of Bradbury, thence easterly by said southerly bound to easterly bound of C.M. Bradbury, thence northerly by said easterly bound to Beech Street, thence northerly by Beech Street and land of C.M. Bradbury to the flats, thence northwesterly across the flats to the terminus of Eel Bridge on the east side of Back Cove, thence by Eel Bridge Road generally northwesterly to the point of beginning. Notwithstanding the preceding language, this zone shall include a five hundred (500) foot-wide strip of land parallel to and lying on the generally northwesterly sideline of Route 9/Mills Road, across the road from the existing Cape Porpoise East Zone, and running from the Eel Bridge Road intersection to the Marshall Point Road intersection, as shown on the attached Zoning Map amendment.

Cape Porpoise Square Zone:

(1)

Beginning at the intersection of Route #9 and the westerly bound of the Atlantic Engine Company and proceeding northeasterly by the land of Bradbury three hundred and eight (308) feet, more or less, to the land of now or formerly Clarabel Hutchins heirs, thence northerly through Hutchins land to the westerly corner of land of Freemont Ridlon, thence by land of said Ridlon northeasterly ninety-two (92) feet, more or less, to the northerly corner of Ridlon at land of Harry Emmons, thence northwesterly by land of Emmons four hundred seventy-seven (477) feet, more or less, to the land of E.V. Roberts heirs, thence northeasterly by said Roberts bound two hundred seventy-three (273) feet to the northeasterly bound of said Emmons, thence southeasterly by said northeasterly bound of Emmons four hundred forty (440) feet to Route # 9 (Mills Road), thence directly across Mills Road to Eel Bridge Lane, thence generally southeasterly to Old Eel Bridge Lane to Creek (Back Cove), thence by the flats to the land of C.M. Bradbury at its northwesterly corner, thence by northerly and easterly bounds of C.M. Bradbury and Beech Street to land of Howarth at its easterly corner, thence southerly bound of said Bradbury to the Pier Road, thence southerly by Pier Road to the northerly bound of Crowell, thence westerly by land of Crowell to Cape Porpoise Harbor, thence across the Harbor to a point near the rear of Seth Pinkham's store two hundred (200) feet southerly to the Pier Road, thence by a line parallel with and two hundred (200) feet distant from Pier Road southerly and westerly to a stone wall at land of Emery Huff, thence following the stone wall southeasterly to the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 30, Block 1, Lot 25 (now or formerly of Emery Huff); thence northwesterly on the line as it runs between said Lot 25 (Huff) and Lot 24 (Troost) to the Langsford Road, thence southerly by the westerly side of Langsford Road to the southerly boundary of land now of David H. Wright (formerly Deinstadt), thence west by said Wright southerly bound to southwesterly bound of Wright land, thence northerly by westerly bound of Wright and westerly bound of land now or formerly of Raymond Nunan and continuing by westerly bound of Bradbury (Brothers) to Route # 9, thence easterly by Route # 9 to the point of beginning.

(2)

Also, a portion of land beginning at the bridge on Pier Road crossing to Bickford Island and proceeding southerly by said Pier Road to its intersection (extended) beyond the southerly end of the Pier, thence generally northerly by the flats and channel of Cape Porpoise Harbor to the point of beginning.

Cape Porpoise West Zone: Beginning at a point on the southerly side of Route # 9 being the intersection of the Bradbury (Brothers) westerly bound and Route # 9, thence generally westerly by Route # 9 over Crow Hill passing the Three Strings to the former Perkins Road thence generally southerly by Perkins Road to the Wildes District Road, thence generally southerly by the former Perkins Road (now Land's End Road) extended to the flats at Cross Creek at a granite monument now fallen, thence by the flats and the northerly side of Cross Creek generally northeasterly and crossing Paddy Creek to the shore line in front of the former Langsford House (G. W. Wood), thence northeasterly and northerly by the flats on the westerly shore of Cape Porpoise Harbor to a point two hundred (200) feet southerly of the Pier Road, thence westerly by a line parallel with and two hundred (200) feet from said Pier Road southerly and westerly to a stone wall at land of Emery Huff, thence following the stone wall southeasterly to the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 30, Block 1, Lot 25 (now or formerly of Emery Huff); thence northwesterly on the line as it runs between said Lot 25 (Huff) and Lot 24 (Troost) to the Langsford Road, thence westerly across Langsford Road, and thence southerly by the westerly side of said Langsford Road to the southerly boundary of land now of David H. Wright (formerly Deinstadt), thence west by said Wright southerly bound to southwesterly bound of Wright land, thence northerly by westerly bound of Wright and westerly bound of land now or formerly of Raymond Nunan and continuing by westerly bound of Bradbury (Brothers) to Route # 9 and point of beginning. Notwithstanding the preceding language, this zone shall include a five hundred (500) foot-wide strip of land parallel to and lying on the generally northwesterly sideline of Route 9/Main Street, across the road from the existing Cape Porpoise West Zone, and running from a point on the Old Cape Road near its intersection with Route 9/Main Street to the westerly boundary of Lot 41 on Tax Map 22, Block 9, but not including said Lot 41 (Currently the Cape Porpoise House of Pizza), as shown on the attached Zoning Map amendment.

Free Enterprise Zone: Beginning at a granite post in the easterly corner of the Merrill Cemetery, thence in a northeasterly direction along the Arundel Road to the Town House Square, and including the Old Town House Property now or formerly of Brigham and Garrett, thence in a southeasterly direction along the Springer Hill Road (Old Cape Road) to its intersection with the Beachwood Avenue, thence in a generally northeasterly direction along the Beachwood Avenue to its intersection with Stone Road, thence northerly along the Stone Road to the Goose Rocks Road, thence northeasterly along the Goose Rocks Road to the Oak Ridge Road, thence northerly along the Oak Ridge Road to the Town Line. All property lying in a southerly direction of this boundary line not already included in the preceding zones is in the Free Enterprise Zone.

Notwithstanding the preceding language, this zone shall not include a five hundred (500) foot-wide strip of land parallel to and lying on the generally northwesterly sideline of Route 9/Mills Road, across the road from the existing Cape Porpoise East Zone, and running from the Eel Bridge Road intersection to the Marshall Point Road intersection; nor shall it include a five hundred (500) foot-wide strip of land parallel to and lying on the generally northwesterly sideline of Route 9/Main Street, across the road from the existing Cape Porpoise West Zone, and running from a point on the Old Cape Road near its intersection with Route 9/Main Street to the westerly boundary of Lot 41, Tax Map 22, Block 9, but not including said Lot 41 (currently the Cape Porpoise House of Pizza), as shown on the attached Zoning Map amendment.

Farm and Forest Zone: The Farm and Forest Zone shall include all of the Town of Kennebunkport except those areas included within the preceding zones.

Shoreland Zone: The Shoreland Zone includes the following areas outside of the Dock Square and Riverfront Zones which meet the following criteria:

(1)

Lands lying with 250 feet of the normal high-water mark of the following bodies of water:

(a)

Tidal water;

(b)

Smith Brook, downstream of Goose Rocks Road;

(c)

The Batson River, downstream of Arundel Road;

(d)

Tyler Brook, downstream of the abandoned right-of-way of the Atlantic Shore Railway Company;

(e)

Beaver Pond; and

(f)

The pond on property formerly of Kenneth Roberts located between the Shore Road and Wildes District Road.

(2)

The one-hundred-year floodplain, adjacent to nontidal or nonriverine waters, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.

(3)

Lands lying within 75 feet of the normal high-water mark of any stream, other than those named in Subsection L(1) above.

(4)

Lands lying within 250 feet of the upland edge of coastal and freshwater wetlands.

Resource Protection Zone: The Resource Protection Zone shall include the following areas:

(1)

All islands in the Atlantic Ocean with the exception of Bickford and Goat Island.

(2)

Freshwater and coastal wetlands, as defined in Article 2.

(3)

Land below the normal high-water mark of Lake of the Woods.

(4)

All land within the Town of Kennebunkport below the normal high-water mark of any tidal water.

(5)

Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with rivers, including Lake of the Woods, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIFW) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIFW or the DEP. For the purposes of this subsection, "wetlands associated with rivers" shall mean areas characterized by nonforested wetland vegetation and hydric soils that are contiguous with a river, and have a surface elevation at or below the water level of the river during the period of normal high water. "Wetlands associated with rivers" are considered to be part of that river.

(6)

Outside of the Dock Square and Riverfront Zones, the one-hundred-year floodplains adjacent to tidal waters and along rivers, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.

(7)

Within the limits of the Shoreland Zone, areas of two or more contiguous acres with sustained slopes of 20% or greater.

(8)

Within the limits of the Shoreland Zone areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a body of water during normal spring high water.

(9)

Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.

Goat Island Light Contract Zone: A certain tract of land or island lying at the mouth of Cape Porpoise Harbor in the Town of Kennebunkport in the County of York, known by the name of Goat Island, said land or island being the same where the lighthouse has been built.