CEO explains subdivision sessions

Tue, 11/05/2019 - 12:30pm

    Boothbay Harbor Code Enforcement Officer Geoff Smith held a public informational session Oct. 29 to help planning board members and anyone else understand the processes for subdivisions.

    The information was extensive, so Boothbay Register followed up with Smith to break it down.

    The reason for reviewing subdivision processes was to better acquaint the planning board with concepts it has not faced in quite some time, said Smith. He added, the processes may be extremely involved, but they are some of the best he has seen. “It's been brought to our attention that we'll have a subdivision coming down the line and many of the planning board members have not experienced reviewing a subdivision … We're hoping that through some of these education sessions we can fast-track that process just a little bit more just by getting everyone familiar with their responsibilities.”

    Smith said the depth of detail subdividing in the Harbor requires is due to several projects around the year 2000 that were not developed as planned. When it became clear the process does little to protect the town and developers, Boothbay Harbor created the ordinance.

    Creating three or more lots is considered a subdivision, Smith said. Three to four lots is considered a minor one; five or more, a major one. The process for each is a little different, said Smith.

    A minor subdivision requires a pre-application sketch plan, application submission for preliminary plan, fee payments, planning board meeting and any further meetings needed, a plan application found to be complete, a public hearing, and notice of applicant and owners of properties within 250’.

    A major subdivision involves the same process plus more steps, including a thorough checklist and a “completeness” review that involves a public hearing and a second public hearing if needed. The board acts on the final plan within 30 days of the hearing.

    Major subdivisions take longer due to scope and infrastructure. The town wants to make sure developers are comfortable with the process and the town needs to understand how to address any problems developers cannot overcome.

    The biggest stumbling block for a subdivision is frustration with the time it takes, said Smith. “(Developers) need to be cognizant ... that the process does not happen overnight, that there are a lot of reviewing bodies beyond the planning board such as the state, the water department, sewer department that all need to be aware and approve of the project. So, instant gratification is not something that is going to happen.”

    Minor subdivisions, let alone major subdivisions, will likely not be a concern for most property owners in Boothbay Harbor, so Smith reflected on smaller projects like splitting a lot between family members or splitting a lot and selling it.

    “State law allows property that is going to be divided up among certain family members to be exempt from subdivision review … All I get in the mail is a deed showing the new owner and we adjust our tax maps. As soon as they decide they want to, if they're giving it to family members, they don't have to own it for a certain amount of time before they give it to family members.”

    A homeowner who has kept residence for at least five years can split their lot into one or two more additional lots and it would not be a subdivision, said Smith. But if you want to take a parcel and create three lots to sell, that is a subdivision, he said.

    Most will not have to worry about the processes — only people who plan to split up a big chunk of land, said Smith. “My goal now is to make sure that the planning board can start to think about questions it might have and for developers to look at their concepts and revise them early if they think there's something that might cause a problem later so there are no stumbling blocks.”