Tom and Kathleen Reed and their 9-year-old daughter stand Wednesday near the home they purchased on Summer Street in Auburn with the hope of opening a nature-based child care center. The home is in the city’s agriculture zone and in the Lake Auburn watershed, as well as at a spot considered tricky to access. The Reeds said the many costly changes required by the city in order to open the center is prompting them to consider selling the property and opening elsewhere. Daryn Slover/Sun Journal

AUBURN — After buying a historic property in Auburn two years ago with plans to open a nature-based day care, Kathleen and Tom Reed finally made the decision to move across the country from Washington in April this year. Several months later, the business is no closer to opening and the Reeds are looking to sell.

The reason, they say, is a series of “roadblocks” and complications stemming from their Summer Street property in the Lake Auburn watershed. Over the past two years, once one problem was resolved, another was presented, Kathleen Reed said. Issues and requirements have included a farm plan, phosphorus control plans, septic designs, home business licenses, driveway plans and the need to hire an attorney and traffic engineer.

After all that, and thousands of dollars spent, they’re ready to give up. Reed, an educator, has sought to use the house for the “Sweet Tomatoes Learning Center,” a school/day care for children ages 4 to 10 she ran in Washington. She was hoping to be up and running this fall, but instead she’s meeting with real estate agents.

“It’s just been a horrible nightmare,” she said. “And we’re just going to try to get out of here and try to let someone come here who doesn’t want to run a home business.”

In the two years since the Reeds purchased the property at 833 Summer St., Auburn has been embroiled in a communitywide debate over watershed rules that has spanned two mayors and led to considerable policy changes, and it appears the Reed property is one that’s been caught in the middle.

The Reeds’ struggle could be chalked up to unfortunate timing, along with a property with its own unique safe-access challenges that’s in the city’s most restrictive zone, but Kathleen Reed said it feels like more than that.

“It feels like there’s a reluctance from the city to work with us,” she said.

City officials said city staff has worked “endless hours” with the Reeds to resolve issues, but that the project has presented challenges beyond a typical property in the area.

The property is a close abutter to land owned by John Gendron off Gracelawn Road that has been at the center of the Twin Cities’ debate over the watershed, development and water quality. An ongoing lawsuit between Lewiston and the Auburn Water District has also complicated an already confusing intersection of rules surrounding the lake that are enforced by either the water district, the city or the Lake Auburn Watershed Protection Commission.

‘BACK WITH MORE ISSUES’

When the Reeds first bought the property and told the city that they planned to have their horses and ponies as part of the nature-based school, they were met with a warning from city staff that the city would soon be requiring a “farm plan.” The changes were part of an effort to reduce agricultural uses along the lake, which contribute nutrients to the water, and to oversee new projects in the agricultural zone.

Reed said city staff sent her a sample plan to use, but when she submitted it, it was immediately denied by the Lake Auburn Watershed Protection Commission, which told her the plan did not effectively address phosphorus mitigation. She said at the time, the new ordinance wasn’t even in place yet.

In response, staff told Reed they’d help her write a phosphorus plan. As part of new watershed rules that went into effect during Mayor Jason Levesque’s term, all development within the watershed must be accompanied by a plan that shows how stormwater runoff will be mitigated.

The plan staff sent would’ve required giving LAWPC a conservation easement for the back portion of their property closest to the lake. Reed said it would have been almost one-third of their land.

It wasn’t the first time they were presented with a conservation easement. When she told the city she didn’t want to, they told her it was the only way to move forward. She eventually hired an attorney, and met with then-Mayor Levesque, who told her the city would work with the Reeds because Auburn is in need of more child care options.

When the Reeds finally got a farm plan approved by LAWPC, they were then confronted with incoming rules surrounding septic systems that had been a long time coming for Auburn. The couple had just put in a $20,000 septic system, replacing the previous one that had failed, but they were initially told it didn’t meet city standards. Then, once the new ordinance was in place, they were told the septic system was fine.

Reed said that in the meantime, they kept delaying their move from Washington due to the uncertainty. Reed gauged interest in the community for the day care. She said she had roughly 50 families sign onto a waiting list for her program that would be able to serve between 10 and 12 children.

But, the final hurdle facing the Reeds is one they still haven’t been able to get past.

‘SAFE SIGHT DISTANCE’

The house is across from Whiting Farm and was lived in by the Whitings at one time. Built in 1920, the house is on a curve at a peak in a rise of the road where Summer Street meets Mt. Auburn Avenue, and getting in and out of the driveway isn’t easy.

Reed said the permit she has obtained to operate the day care business is contingent on putting in a new driveway, but the Reeds and the city don’t agree on where it should be.

When the road was recently repaved, a curb cut was placed some 300 feet down the street from the house, and the city eventually approved a driveway plan based on that location. Reed still doesn’t understand why it was placed there, and said the driveway would cost more than $50,000 to install. The location would also make it so potential day care students would have to traverse a large inclined driveway to get up to the house.

The Reeds hired a traffic engineer to design a plan using their existing driveway area, utilizing a right-turn only, but it was eventually denied by the city. Reed said city staff initially told them to pursue the idea, and offered to create a phosphorus control plan based on it.

Reed said they thought the plan was settled, and paid for the city’s permit application, but a week later found out the plan was going to be denied.

“We don’t have $50,000 to put in a driveway 300 feet from the house that we can’t use,” she said, adding they would also have to cut down a considerable number of trees to install it.

Kathleen and Tom Reed said they were told by the city of Auburn that the driveway they would need to build in order to open a nature-based child care center would need to be 300 feet down from their house, at an estimated cost of $50,000. Their house can be seen at the top of the photo. Daryn Slover/Sun Journal

Eric Cousens, Auburn’s director of planning, permitting and code, said that after reviewing the application and the analysis by the Reeds’ engineer, “the city concluded this location did not meet the criteria under the access management standards or the site plan review ordinance requirements.”

Cousens said that while staff has been able to assist with making the Reeds’ plans comply with city ordinances, the safe sight distance issue with the driveway has been the hardest challenge to overcome. He said the city cannot conclude that the existing driveway is safe, “which is what we need to conclude to approve the expanded use at that location.”

“The city has approved the day care over a year ago and assisted in the phosphorus plan approval with the caveat they construct a new entrance at the existing curb cut the city built for the lot,” he said. “The new proposed driveway location meets our access management standards for safe sight distance.”

Cousens also said the Reeds’ business plans changed during the discussion to also include horse riding lessons with the day care, and staff worked with her to change her permits.

Reed said they’ve previously met with City Manager Phil Crowell to discuss alternative ideas for the driveway, and have also discussed the issue with Mayor Jeff Harmon. At one point, the Reeds resorted to handing out flyers to passersby in the street regarding their need for a safe driveway. She said the city eventually got enough calls from residents that they could potentially be added to a list of traffic improvements, but they don’t know when that will happen.

Reed said it feels like they are told one thing, or promised something from staff, and then it changes. At one point, they asked for a list of items they’d need to accomplish in order to get the business up and running, and never received one.

“We came in April with assurances from the city that things were going to work out so we can have our business here,” she said. “It’s been months with no income. It’s been really frustrating.”

The family also recently received notice about further changes in the watershed — expanded setbacks to streams and other wetlands — which could limit the use of their property further. Reed said she was told by staff that they would be grandfathered as part of their approved farm plan, but said, “I kind of don’t believe what they say anymore.”

Crowell said he believes staff has been consistent with the Reeds all along. He said the day care would be “a great service we’re in need of here in Auburn,” but that “we have to make sure we’re hitting the safety requirements.”

“We obviously want people to grow businesses here in Auburn, but this is a difficult site,” he said.

Reed said they might have to end up installing the other driveway, but at the same time, “we’ve kind of given up.”

A real estate agent visited the house Tuesday, and the Reeds have been looking at some land outside Auburn. Reed said they love the Auburn property, with its beautiful views of the lake, but there’s been several “misrepresentations” for what they could do with the property.

She looks down the street at the Gendron property and wonders why the zoning could be changed there to potentially allow for considerable development.

“If you’re a big enough company, you get a little more sway,” she said. “We’re not Walmart, we just want to have a few families be able to drop their kids off at our house.”

When reached this week, Gendron said he plans to continue using his property as a gravel pit “for now,” despite Auburn recently approving new zoning for a section of the land. The City Council is voting Monday to amend the zoning further.

‘WHITE FLAG’

Harmon, who was elected in December of last year, campaigned on boosting protections to Lake Auburn. Since his term began, the city has reviewed ordinance changes surrounding septic systems, phosphorus controls and setbacks — many of which were approved during Levesque’s term — and is proposing more.

Much of the push for a tightly regulated watershed comes from Lewiston and Auburn’s filtration waiver, which allows the two cities to provide drinking water without paying to filter it. But, as climate change and more stormwater runoff has impacted water quality, the long-term outlook for maintaining the waiver has been threatened.

Harmon said this week that he believes the city can do more to help the Reeds but that their situation is also unique. He believes that typically there aren’t this many challenges to overcome for a residential-based project.

“The city routinely works with residents to help them understand what various regulations apply and the different approaches they might use to comply, he said. “Having said that, this is a unique situation where they are in a location that is zoned for (agriculture), is in the watershed, and is on a busy commuter route in a very challenging spot for safe vehicular entry and exit from the property.”

Reed said the driveway issue, while not directly tied to the watershed restrictions, is simply the last straw after already pouring thousands into the project.

When asked if she fully understood the nature of the zoning restrictions when she bought the property, Reed said she “had an idea” and was even warned by neighbors and a contractor on the house regarding how difficult it could be to make things work in both the watershed and agricultural zone. She said they have been told by staff that anything they are trying to do would be easier in every zone except the watershed.

They’ve talked to neighbors who have also attempted projects, like building a garage, and have “given up” after being faced with requirements that come with costs. Reed said phosphorus plans can cost $5,000 or more and can take between six to nine months to secure.

As the city was recently implementing an inspection program for septic systems in the watershed, it was met with some concern from residents over the cost of inspections and potential upgrades.

Harmon said the city is trying to get both water districts to approve funding to reimburse property owners for required septic inspections. As for phosphorus plans, Harmon said there can certainly be costs associated, but that it’s part of “the trade-off” with trying to protect the drinking water.

He said because many people who live in the watershed have wells, it only seems fair that the ratepayers using the public drinking water would help pay for the septic inspections that protect the water.

“We recognize the burden it puts on people,” he said.

Reed is still struggling with what to do, but said the costs are too high for her to go forward as of now. She said they still might appeal the driveway location, but fears it’ll just cost more money and have the same result.

“I think they really wanted to help us, but I think they’re up against all these other things,” she said referring to city staff. “We’ve already thrown so much money at this. We might still appeal, we’re not done yet, but we’re kind of waving the white flag.”

Kathleen and Tom Reed walk back to their Summer Street in Auburn with their 9-year-old daughter. The Reeds had hopes of opening a nature-based child care center, but said the high cost of meeting various city requirements has led them to consider selling the property. Daryn Slover/Sun Journal