OGUNQUIT, Maine — Ordinarily an innocuous and mechanical process, the site plan review for a proposed paid parking lot morphed into a maelstrom of anger, recusals, accusations of board impropriety, threats of a lawsuit and a summons for disorderly conduct.
David Giarusso is the chef-owner of Angelina’s Ristorante and Wine Bar, 665 Main St., Route 1. Angelina’s serves dinner from 4:30 to 10 p.m. seven nights a week, year round. Last year, Giarusso applied to the Planning Board for permission to use his lot for paid parking from 9 a.m. to 4 p.m.
The Planning Board denied Giarusso’s application and officials are now wary of commenting on the ensuing controversy. Board member Rusty Hayes had no comment when called last week. Member Rick Dolliver said he’d “love to speak … but I’ve been advised by the town that we have no comment at the present time.” Asked if interested in later telling his story, Dolliver replied, “Absolutely.”
And asked about Giarusso’s application minutes after police issued Giarusso a summons for disorderly conduct, Chair Steve Wilkos also refused to comment.
But Giarusso has plenty to say.
Email to Planning Board
Before its May 9 meeting, the board received an email from Giarusso asserting that Dolliver had prematurely, and therefore improperly, received a traffic engineer’s report about Angelina’s parking lot plan. Town Planner Lee Jay Feldman would later opine that Dolliver had done nothing wrong.
Giarusso wrote: “I have consulted with my lawyer, he feels that not only should Rick Dolliver recuse himself because of the situation he and I had less than a year ago where police were involved and orders were put in place, but even more so now because of this new information he has attained.”
Previously on friendly terms, Giarusso took out a restraining order against Dolliver after Giarusso said Dolliver threatened him. Dolliver later drove past Giarusso at Pizza Napoli, honking his horn at Giarusso while also displaying an obscene gesture, Giarusso said.
Giarusso also asked that Jackie Bevins, “who is also involved … should also be recused because of the inappropriate way she asked for the information as well.”
Giarusso ended his email by writing: “I feel that Rick Dolliver & Jackie Bevins are not only a disgrace to the town of Ogunquit, but more importantly to this board who actually cares about upholding the standards of our town.”
May 9 Planning Board meeting
Dolliver responded during the next meeting: “I’ve read some memos from the town attorney: In no way, shape or form do I have to recuse myself. But … looking out for the best interests of the town of Ogunquit, I am going to recuse myself from this application, and I would expect the Planning Board to address the issues brought forth here before my recusal.”
Dolliver then accused board member Muriel Freedman of engaging in “ex-parte communications” by informing Giarusso of Dolliver’s actions. Because of such communication, “some false information was passed on … to the applicant, which ended up in an email … which is where this all stemmed from,” Dolliver said.
Bevins spoke. “I never saw it until I got my packet,” she said, referring to the traffic study Dolliver obtained. “So I think Muriel should recuse herself.”
When asked by Wilkos if she could “make a fair and impartial decision on this application,” Freedman said, “Absolutely.”
However, the board voted 4-0 to recuse Dolliver and Freedman. Then Bevins asked to be recused “[b]ecause I’ve had unpleasant messages from David Giarusso, and because I am mentioned in this letter. And he knew — he had time to withdraw this letter — he knew that it wasn’t true what was written,” she said.
Do you think you can make a fair and impartial decision on this application?” Wilkos asked.
“No, I don’t,” Bevins replied.
Legislating while texting
Now recused, Dolliver, Bevins and Freedman stood in the Dunaway Center lobby that connects to the meeting room. The doors remained open.
Giarusso alleges Dolliver still communicated with Hayes, who remained seated at the table, part of the continuing meeting. Giarusso deciphered that texts arrived on Hayes’ phone because Hayes looked past the audience at Dolliver, who signaled Hayes to look at his phone.
Giarusso obtained video recordings from cameras inside the Dunaway Center to confirm his suspicions, he said.
“Richard Dolliver is sending texts to Rusty Hayes. And Rick Dolliver and Rusty are seen on the tape texting, going back and forth. Rusty is receiving texts during a meeting while they’re discussing my project,” Giarusso later said. “That’s illegal.”
On May 23, the board took a site walk of Angelina’s parking lot. Hayes counted more spaces than the board previously approved.
May 23 Planning Board meeting
Hayes was “surprised and concerned” that Giarusso painted more parking spaces than allowed.
He also referred to Fire Chief Mark O’Brien’s concerns about accidents near Angelina’s ― including a fatality. Hayes cited area deliveries and a nearby trolley stop that could endanger pedestrians and drivers if the plan were approved. Hayes called it premature to approve the plan before Maine DOT finished its Route 1 project.
“It still seems like there are a lot of unknowns,” Hayes said. “I want to be fair to the applicant … but it’s not finished enough for me to make the right decision.”
Hayes “may support the application” if it were postponed, he said. “I’m trying to work with you here, David.”
“I will agree to all of your conditions if you approve this tonight,” Giarusso replied.
“I wish I could hang my hat on you doing that. But what you’ve demonstrated to this board, you’ve not done that,” Hayes replied.
Hayes cited Giarusso’s statement that whether receiving Planning Board approval or not, he would open his lot anyway ― words Giarusso later acknowledged was uttered “because I was frustrated.”
Giarusso now stood up, saying, “You know what upsets me? Planning Board members texting to each other.” He approached the podium twice more, agitated, yelling, and referencing texts. Each time, Wilkos warned Giarusso that his application would be tabled if he did not calm down, and Giarusso relented.
Hayes tried tabling Giarusso’s application until the Route 1 reconstruction was completed and the board could confirm that Giarusso complied with Planning Board requirements. It failed.
A subsequent vote to approve Angelina’s paid parking plan with conditions also failed. Hayes voting against it; board member Don Simpson and Wilkos voted to approve. But with only three members in attendance, quorum requirements dictated that only a unanimous vote could pass the plan, so it, too, failed.
Disorderly conduct
Giarusso stood outside the Dunaway Center’s front door, minutes later, discussing the denial. Painting four extra parking spots is not a legitimate reason to stop his project, he said. “I could have painted the lines out tomorrow; they could have approved it today without that.”
Giarusso buttonholed Planner Feldman, attempting to leave at meeting’s end. Giarusso barked a question at Feldman about the legality of two Planning Board members — one recused — texting each other during a meeting. Consult an attorney, Feldman replied.
Dolliver emerged from the building, offering his opinion. “Absolutely legal,” he said of the texts.
Hayes attempted to leave; Giarusso exploded; he called Hayes a “(expletive)-stick.”
“Hear that?” Dolliver asked a reporter.
At that point, a large man dwarfing Giarusso stepped close to him, shielding Hayes. A cacophony of yelling among angry men erupted as two police officers intervened.
Hayes told an officer that Giarusso was “threatening” him. Asked if he wanted to press charges, Hayes replied, “I certainly do.”
“Sir, I’m sorry about this,” Dolliver told a reporter. “We’ll get to the bottom of this, but that man is the nuttiest person in town. … I’m running for selectman. That’s what this is all about.”
Back in the Dunaway Center lobby, an officer told Giarusso, “David, you always do this to yourself.”
The officer later explained that a disorderly conduct summons would be Giarusso’s only charge “unless he continues to aggravate the situation into something else. If he does something else, he’ll be arrested for that.”
Moving forward
Giarusso must wait one year before resubmitting his application, or he could appeal the case in court, taking three to four years and costing $20,000. He would win, his attorney told him.
But alleging the Planning Board’s “illegal acts,” Giarusso said on Saturday, “I feel I should immediately be able to resubmit my application and not have to wait a year.”
Giarusso wrote in a May 29 email to Town Manager Tom Fortier, Select Board Chair Barbara Dailey and Planning Board Chair Steve Wilkos: “I am hoping that you as Selectman will do the right thing and find a way to have my project resubmitted. … This project is in a zone that allows parking lots. I own three commercial buildings in Ogunquit, a “parking lot,” and a home in this town. I pay five different tax bills; this is not how you treat a member of the community.”