By Dan Aceto

Staff Writer

A proposed adjustment to the on-street parking ordinance at Higgins Beach could mean the end of surfers’ extended stay on Bayview Avenue.

The proposal, which was drawn together by residents in the beachside community on the Higgins Beach Ad-Hoc Parking Committee, calls for a 30-minute on-street parking limit between Pearl and Ashton streets along Bayview Avenue, as well as a drop off area to facilitate the flow of traffic and access to the beach for visitors in the area. 

Visitors are currently allowed to use 10 to 12 designated spots bordering the seawall Oct. 1 through April 1, as well as the town-owned parking lot. Parking is prohibited on streets at all other times during the year.

The proposal was spurred by a petition signed by nearly 270 residents of the beach community to ban on-street parking year round said Bill Donovan, a resident at Higgins Beach. He said it was brought about largely because complaints that surfers in the area have been disrespectful.

Bill Donovan said since moving to the neighborhood five years ago he has noticed rampant traffic and behavioral issues from the surfing community and he wants a responsible way for the beach to be enjoyed and accessed by anyone who wishes to do so. 

On weekends Donovan said it is typical for surfers to occupy all of the parking spaces available by the seawall for hours at a time, discouraging others from walking dogs along the beach or parking to admire the view. 

Bill Donovan also said because the beach does not offer changing rooms, surfers who don wetsuits because of cold temperatures often change alongside their vehicles using towels to cover themselves, and that on more than one occasion he and his wife have been exposed to nudity. 

“Everyone sees it as they drive through. When did my neighborhood become a locker room?” Bill Donovan asked. 

Donovan’s wife, Molly, said opponents to the ban will say, “it’s only on rare occasions that surfers are a problem” but in reality, “if we stayed out here for more than an hour we might see 20 to 30 people undress. Some are respectful and others are not.”

Molly Donovan, who has taken photographs from inside her home of surfers who use her front lawn to unload gear and wax boards, said sometimes when surfers are asked to move they respond in a less than kind manner. 

“Some of them are very antagonistic and give a lot of back talk like, ‘Where’s your property line?’” said Bill Donovan. 

He said a couple from Quebec once parked alongside their house with an RV hitch attached to their car and camped out for the weekend. He said he has also stood in his living room and witnessed someone urinate close to his property.

“What this is, is an abuse of the neighborhood,” Bill Donovan said.

After he wrote a letter to the town regarding his concerns, he and his wife presented the photos at a Sept. 22 meeting of the Higgins Beach Ad-Hoc Parking committee, a group formed to look at issues surrounding parking at the beach.

 Bill Donovan said he soon found out other residents shared his concerns and had also written similar letters. Judith Roy has represented the council at committee meetings.

“This has been a hot issue for years,” she said, “It’s a small beach that can only accommodate so many people. However it is a public beach, so we’ve been trying to reach a compromise.”

In addition to a restricted time limit for on-street parking, the current proposal also calls for a drop off zone so surfers can briefly stop and drop gear off before parking at the town-owned lot. 

Proponents of the ordinance change believe by imposing a time restriction year round, surfers will be forced to use the parking lot due to the longer hours they stay at the beach, in turn freeing up existing on-street spots to be used by those who walk the beach or stop to enjoy the view.

In March, the town purchased the parking lot across from the Higgins Beach Inn, along with five other parcels of land, including three along the Nonesuch River off Mussey Road, for $1.2 million. 

Town Manager Tom Hall said the town set aside $300,000 for the development of the lot and, although no decisions have been made about what to do with it, there has been talk of providing facilities for beach-goers, including changing rooms and bathrooms.

Hall said the lot is under lease until April and construction could begin in spring.

Roy said she is unsure when the issue would be brought to Town Council, although she has considered delaying a meeting until spring in order for residents who travel south for the winter to attend. Any change to the ordinance would go into effect at midnight the day the change was passed, Roy said.

Donovan said residents have voiced concerns in the form of the petition and “the community would strongly disapprove a delay to May.”

Roy said she hopes a compromise can be reached that doesn’t infringe on the quality of life for residents, adding there are many good people who use the beach as well as those who will always cause problems for people.

Janice Parente, chairman of the Maine chapter of Surfrider, a nonprofit grassroots organization dedicated to the protection and enjoyment of the world’s oceans waves and beaches, said surfing is a part of the culture at Higgins Beach.

“Ninety-five percent of surfers are respectful and use the beach property accordingly. Just like dog walkers or tobacco smokers there will always be a minority that abuse privileges,” Parente said. 

Although she has heard of some parking issues, Parente said she was struck by residents’ efforts to ban all parking along the beach and was shocked to see the community embrace the idea.

“Surfrider and Scarborough community members that know about the potential issue here would feel very deprived of their rights if something like this would be approved,” she said. 

One of Parente’s main concerns is that the group responsible for meeting with the town regarding the issue is comprised only of Higgins Beach residents and not representative of the entire Scarborough community who uses the beach. 

Iver Carlsen, a member of the committee against the recommendation, was the only member appointed who is both a resident and lifelong surfer at Higgins Beach. Carlsen said he has parked on the road for nearly 25 years and he specifically bought a home in the neighborhood so he would have easier access to the beach during winter when waves are optimal for surfing. 

“People should do their research when buying a million dollar home and have concerns when they are moving next to a public beach,” Carlsen said. 

Although Carlsen said he wouldn’t call any residents “liars” who may have witnessed wrongdoings by surfers, he feels some residents have embellished the actions of a relatively small group of people. 

“Just because a few people misbehave is not a reason to change an ordinance,” Carlsen said. “This isn’t just a group of kids surfing. I’m 58 and I’m out there in the dead of winter with doctors, lawyers, administrators and school teachers.”

One of the reasons there are fewer parking spaces on the street, is that when the seawall was built between 2007 and 2008, it eliminated nearly half of the spots available on Ocean Avenue, Carlsen said.

“Once the seawall went in, everyone had to move down the street on Bayview. I empathize with residents about there not being enough on-street parking, but I think it’s ludicrous to eliminate it,” Carlsen said. “This is not a parking issue. If residents feel public nudity is an issue, that can be addressed.” 

Carlsen said developing the parking lot would be a positive move.

“Surfrider helped raise funds to purchase the lot and I am a huge proponent of adding showers, toilets and changing rooms to the area,” Carlsen said. 

Bill Donovan said he wants something “efficient and economical” for the parking lot and part of the reason behind the proposed change is to have more surfers use the renovated lot that would provide better facilities.  

“It would be a real shame if the town spent all this money buying the lot and no one used it,” he said. 

Molly Donovan said many people perceive Higgins Beach as a community of elitists, but it is not, she said. 

Bill Donovan said the area is a “working class, cottage community” and his hope is to be able to provide a permanent point of access for the beach and give everyone the equal chance to appreciate what Higgins Beach has to offer.

“I’m not against surfing. It looks like a lot of fun and if I didn’t have two artificial hips, I’d take a crack at it,” he said.