At 260 Beach Avenue, the Kennebunk Beach Improvement Association runs a building called Smith Cottage. Many people know it as the Dipsy Bath House. KBIA's president told the Planning Board in August that the nonprofit serves about 600 children a year with swimming and crafts. He said the building holds craft space and restrooms and has taken significant weather damage and wear over the years. KBIA wants to replace it. Under Kennebunk's zoning as it stood before November 3, though, a planned replacement would have been held to present-day front and back setbacks. A KBIA representative told the board that would leave room for only a much smaller building on the narrow lot.
On November 3, Kennebunk voters approved Question H, 4,434 to 2,443.
The old rule made damage the easier way to replace a building
Article 5 of the zoning ordinance deals with nonconformance: buildings, lots, and uses that don't meet current standards, usually because they were built before those standards existed. In a memo dated August 19, 2026, and reprinted in the town's November 3 voter guide, Christopher Osterrieder, the town's Director of Community Development and Town Engineer, explained how the reconstruction rule worked. Under the existing ordinance, a nonconforming building being "intentionally reconstructed" had to meet the current dimensional requirements of its zoning district. A building "unintentionally damaged or destroyed" could be rebuilt as long as the result was no more nonconforming than before.
The memo says the point was to "trend towards zoning compliance." It also explains why that approach often failed near the beach:
"The current ordinance effectively prevents many older, nonconforming coastal structures from being intentionally demolished and rebuilt, even when reconstruction could improve safety and resilience."
The memo notes that many beach-area properties were developed before the ordinance or modern building codes. Their lots are too small to remove the nonconformities. At the Planning Board's public hearing, the board saw a graphic showing roughly 120 properties in the immediate beach area that likely have some degree of nonconformity. Under the old rule, those owners could not make preemptive resilience improvements if the nonconformity couldn't be eliminated. If the building were damaged or destroyed, though, reconstruction was allowed without removing the nonconformity.
What the new sentence says
Question H added language to Article 5, Section 5(B), printed in full in the town's voter guide. It refers to nonconforming buildings "located partially or wholly within the Shoreland Overlay District or Resource Protection District" and says they "shall be reviewed in accordance with the standards set forth in Section 7 of this Article 5 even if one or more nonconformities arise from base district standards."
The version KBIA first proposed only exempted the Shoreland Overlay District. The language on the ballot adds the Resource Protection District.
The Planning Board voted 5 to 0 to recommend the change. The Select Board recommended it 4 to 2.
Smith Cottage and the proposed replacement
On its website, KBIA says it would rebuild Smith House farther back from busy Beach Avenue for safer egress. The new building would have more modular space for children's craft instruction, with better ventilation, light, and windows. At the July 27 Planning Board meeting, the replacement was described as meeting setbacks to the greatest possible extent while remaining nonconforming. At the August 10 hearing, the board heard that the new footprint would be slightly smaller than the existing one.
Mr. Osterrieder's memo notes that although KBIA sponsored the amendment for its own project, it "has application very broadly along the coastal areas."
The Article 5 PDF posted on the town website still shows the pre-vote wording of Section 5(B). Ask the Code Enforcement Office which text is in force for any application you are considering.
Common questions
Has Smith Cottage already been approved for reconstruction? The November vote approved the zoning text. The Smith Cottage replacement itself is a project KBIA has described and plans to pursue through town review.
Where can I read how the vote went? The town posted official results, and The Local News reported the totals for every Kennebunk ballot question on November 4.
This post reports what the ordinance says. It is general information, not legal advice. Before you rely on a rebuild plan, confirm the details for your property with the Code Enforcement Office, a land use attorney, and an engineer.
If you own an older home near the water in Kennebunk, or you're looking at one, Shanna Jadooram is happy to help. Let's Connect.
