HNSA Crest with photos of visitors at the ships.
WORKING WITH STATE HISTORIC PRESERVATION OFFICERS

Anne W. Webster
President - Friends of Seguin Island
Vice President - American Lighthouse Coordinating Committee

Introduction:

In Maine we are fortunate to have a State Historic Preservation Office (SHPO) which is probably fairly unique due to the longevity of key people and a demonstrated concern about the preservation of lighthouses. Earle Shettleworth, Jr. has served as the State Historic Preservation Officer for over 30 years and Assistant Director Kirk Mohney has been with the Office for over 20 years. Kirk prepared the National Register Nomination Papers for all Maine lighthouses that they deemed eligible for the designation and were not currently designated. At that time Maine had 67 active lighthouses. Maine's SHPO was active in the development of the First National Lighthouse Conference held in Rockland, Maine in 1985.

Seguin Island

As the Founder and President of the Friends of Seguin Island, I have had an extensive and extremely positive relationship with Maine's SHPO at the grassroots level. The Friends of Seguin Island was incorporated in 1986 for the purpose of the preservation of the Seguin Island Light Station, located 2 1/2 miles from the mouth of the Kennebec River in Georgetown, Maine. Since that time we have worked closely with the Maine Historic Preservation Office. Prior to obtaining the 10 year lease from the Coast Guard in 1989, the Friends of Seguin Island started preparation for the application for a grant from the Lighthouse Preservation Act of 1996, which was administered through the state SHPO's.

The Friends established the historic period for target renovations, had architectural drawings completed for exterior renovations, plans drawn for appropriate grey water septic, obtained renovation cost estimates, and prepared packets for a competitive bid process. In April of 1989, the Friends of Seguin Island obtained a 10 year from the Coast Guard and almost simultaneously submitted our grant application. In May 1989, we received the grant and began work in early June 1989. IN-kind matches were allowed and the grant was extended through 1990 to complete the prescribed renovations.

During this period, a close working relation was developed between the Friends of Seguin Island and the Maine State Historic Preservation Office. While the ability to assist lighthouse preservation efforts across the country may vary from state to state, the following are a list of consultation areas generally from state SHPO's.

  • Establishment of an historically significant date for current and future restorations.
  • Consultation for architectural renovations appropriate to the chose period of time
  • Consultations regarding materials and colors to be used
  • Assistance with preparation of National Register Nominations
  • Resource for historical documents and pictures - generally need to go to office as SHPO does not have the resources to conduct your research
  • Resource for directions to other resources; i.e. state museums, resource materials, state & local preservation organizations, other successful lighthouse groups who've had experience with similar projects, etc.
  • Resource of availability for suitable funding for projects. These would be primarily public or direction to comprehensive philanthropy resources. Generally, direction is not given to specific non-governmental funding sources.
Maine Lights Program:

The Maine's State Historic Preservation Officer was active in the development and implementation of the Maine Lights Program, the concept of which was the forerunner of the National Historic Lighthouse Preservation Act of 2000 (NHLPA). The five person Maine Lighthouse Selection Committee was responsible for the recommendations for conveyance of 36 lighthouses designated as available for transfer under Section 1002 of the Coast Guard Authorization Act of 1996. The Selection Committee was chaired by RADM Richard Rybacki, USCG Ret.; SHPO, Earle Shettleworth, Jr.; a representative from the Department of Interior; a representative from the Maine maritime historical community; and a representative from a community in which one of the 36 lighthouses was located. This a role now executed by the National Park Service for lights conveyed under the NHLPA. Both the SHPO and the Assistant Director, Kirk Mohney participated in the development of the selection criteria and weighed grading and assessing the application. Much of this has been incorporated in the selection criteria currently used by the National Park Service. SHPO's particular focus was on the station's historical importance and the organization's preservation plan for the light station; including how the plan met the Secretary of Interior's Standards for the Treatment of Historic Properties and compliance with Section 103 of the National Historic Preservation Act of 1966.

The result of this ground-breaking program conceived of and funded by the Island Institute of Rockland, Maine successfully transferred 28 lighthouses from the Coast Guard to other Federal agencies, sate agencies, municipalities, non-profits and one educational institution. As required by the enacting legislation this process took place within two years of the passage of the Act. To the credit of the Selection Committee, all transfers went smoothly. There were only two competing applications and there were no complaints.

The State Historic Preservation Office has an ongoing historic consulting process and set up a process for monitoring compliance with the historic preservation language in the deeds. SHPO planned site visits every two years with submissions of annual historic preservation covenant reviews to be submitted by the lighthouses transferred under the Maine Lights Program.

The one major concern that Maine's State Historic Preservation Office has expressed regarding the National Lighthouse Preservation Act of 2000 is that they believe that consulting and compliance with the terms of the deeds is best done at the local level by the State Historic Preservation Office and that the language in the deeds authorized by Act is not strong enough regarding responsibilities and actions that may be required when a property transferred does not comply with the National Historic Preservation Act of 1966.

Squirrel Point:

The transfer of Squirrel Point has become an embarrassment to all involved in the entire lighthouse transfer process. I would like to clearly note that the transfer of the Squirrel Point Light was not part of the Maine Lights Program. It was identified as a direct transfer (along with six other lights) in Section 1001 of the Coast Guard Authorization Act of 1996, the Section directly preceding Section 1002 that authorized the Maine Lights Program. However, the deed for the transfer of Squirrel Point contains the same strong deed language regarding compliance as did those for the Maine Lights Program.

From the beginning when there was knowledge of the legislated transfer of Squirrel Point to Squirrel Point Associates, there was serious local concern about the validity and appropriateness of the organization receiving ownership of the light station. SHPO began monitoring and documenting the conditions at Squirrel Point when that office began the monitoring process for those light stations transferred under the Maine Lights Program.

In addition, it became clear to the public that Squirrel Point Associates (SPA), essentially a one person non-profit, was out to make a profit from a lighthouse received from the Federal government at no cost. The property includes a lighthouse, keeper's house, boat house and oil storage building on 4.3 acres surrounded by a State of Maine wildlife refuge. A synopsis of the chronology of this claim is detailed below:

  • February 12, 1998 - Deed issued from the Coast Guard to Squirrel Point Associates
  • 1998 - In the fall a broker from the Land Vest real estate firm came into the Arrowsic Town office for property information, stating that he had listed the property for $500,000. How much of this was "blue smoke & mirrors" is unclear, but the firm never promoted the property after their initial investigation.
  • 2000 - Offer to buy the property from Chewonki Foundation, a valid non-profit whose goals were consistent with the deed restrictions. Reportedly they were willing to pay for the improvements to the property made by Squirrel Point Associates; however they were unable to justify the cost of the improvements alleged to have been made. The exact figures being discussed are not known.
  • 2002 - In the summer, Squirrel Point was again placed on the open market at a price of $375,000.
  • 2002 - October 8, SHPO wrote and delivered a detailed compliance action letter with work to be completed by September 1, 2003.
  • 2002 - In the fall, the property went under contract for purchase of the real estate for an undisclosed price.
  • 2003 - August 1st, at the request of the Buyers the Coast Guard proposed an amendment to the original deed to state: that "use of the residential property adjacent hereto for residential purposes is permissible and shall not be deemed a violation of any of the restrictions set forth in the within Deed. The requirements of the Deed concerning use of the property for educational, historic, recreational, cultural, and wildlife conservation programs shall deemed to be satisfied when access to the Squirrel Point Lighthouse is offered for one day per month public visits, and for a four (4) for five (5) consecutive day period for a Summer or Fall workshop and such access shall deemed full compliance with the provisions of Paragraph 13(a)".
  • 2003 - In the fall the potential buyers withdrew their offer to buy reportedly due to the fact that they could not obtain vehicular access across the abutting property owned by the State of Maine Department of Inland Fisheries and Wildlife.
  • 2003 - Citizens for Squirrel Point formed a non-profit to join in the existing efforts of SHPO to see that Squirrel Point was renovated and preserved according to the appropriate national historic preservation standards.
The Citizens for Squirrel Point filed a law suit in 2003. The Portland, Maine law firm of Verrill & Dana has provided about $250,000 in legal fees pro bono. The intent of the lawsuit is to have the property revert back to the Coast Guard due to non-compliance with historic preservation standards. As the wheels of justice continue to move slowly along, it is anticipated that the case may be heard in Maine's Superior Court in November 2004.

In October of 2004, the Coast Guard filed its own motion for summary judgment. An except from their brief appears below:

"SPA cannot credibly claim that, after years of failing to perform, failing to submit even the simplest written plan for the restoration of the property, failing to correct work that it had undertaken without the SHPO's approval (i.e. replacing historic property windows with the equivalent of 'Home Depot' windows), failing to conduct any program for the benefit of the public, failing to make any effort to create the required center for maritime history, and completely abandoning all work on the Property after June 2000, that things will suddenly turn around and get done. In truth, SPA has never abided by the actual terms of the Deed and Authorization Act ... SPA acquired what it contended was a property worth three to five hundred thousand dollars for no cash. ... Yet Mr. 'X', who, for all intents and purposes is SPA, conceded that he has never even looked at the Historic Preservation Act of 1996 or the Secretary of the Interior's Standards for Rehabilitation of Historic Properties... In the end, SPA has failed to meet its obligations at virtually every turn despite what Mr. 'X' described as "the best of intentions."

Squirrel Point is a clear example of how difficult it is to correct an inappropriate transfer no matter the strength of the deed language deed and the vigilant oversight of the State Historic Preservation Office and concern of local citizens. Well thought out and documented qualifications of organizations proposing to take stewardship of excess federal lighthouse property is imperative if we are to preserve these national treasurers. This underlines the goal of the National Lighthouse Preservation Act of 2000 as opposed to direct Congressional transfers.

 

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