Planning board sends proposed ordinance revision summary letter to selectmen

Tue, 02/25/2020 - 2:00pm

Boothbay selectmen and other interested parties are reviewing a 2.25-page letter highlighting proposed changes in the municipal ordinance. Selectman Kristina Ford requested a summary during the Feb. 12 board meeting which served as the first of multiple public hearings on the proposed ordinance revisions.

The planning board directed consultant Mark Eyerman to write a summary of major proposed ordinance changes during the Feb. 12 public hearing. Ford requested the letter to serve as a “Cliff Notes” version to guide municipal officials and residents in understanding proposed ordinance revisions.

The planning board reviewed Eyerman’s work on Feb. 18 during a special workshop session, and voted 5-0 to send it to selectmen. Eyerman served as the comprehensive planning committee’s consultant seven years ago. After residents approved the plan in 2015, he began working with the planning board toward integrating the comprehensive plan into the municipal ordinances.

“Mark has probably written every word of the new revised ordinances. He knows it better than anybody,” said planning board chairman Sam Morris during the Feb. 12 selectmen’s meeting.

Both the proposed revised ordinances and summary letter are available on the municipal website and by a  paper version in the town office. The letter was emailed last week to selectmen and interested parties who regularly attended planning board workshops during the revision process.

“It provides a guide for reviewing proposed ordinance changes. It does not address every change,” wrote Eyerman. “For the details, please review the final draft ordinance available on the town’s website.”

In his letter, Eyerman pointed toward three objectives in the updated ordinance proposal. One objective would bring the municipal zoning ordinances, especially land use districts, into conformance with the 2015 comprehensive plan and current state law; second, improve development review provisions; and third, updates administrative procedures and performance standards regulating various activities and uses.

The proposed comprehensive plan conformance includes proposals for re-configuring land use and overlay districts. The updated zoning ordinances translate those proposals into land use regulations and a revised zoning map. Those changes include establishing enhanced water standards for the watershed protection overlay districts, allows reuse of Route 27 buildings near Adams Pond subject to strict limitations and re-configuring the zones in the Village Center and Boothbay Fringe. This would preserve village character and allow for more residential units if public sewerage is used and design standards are met, according to Eyerman.

A reconfiguration of Route 27 commercial zones (Boothbay Village Mixed -Use and Commercial Cooridor) for better managing access and requiring road buffers is proposed. A preservation zone is created along the portion of Route 27 and part of Route 96 from Boothbay Harbor to East Boothbay village. The change is designed to preserve rural character in these areas while allowing development.

An expansion of the Manufacturing/Business District includes the industrial park. A separate village district is created in East Boothbay for assuring development maintains the village character. A Mixed-Use District is established for accommodating smaller commercial activities not needed in high-traffic areas.

Eyerman also outlined six major changes in the development review procedures. Those proposed changes include established code enforcement officer as “gatekeeper” for projects requiring planning board approval. Review procedures for non-residential and multi-family developments are updated. There is a creation of two review processes. One is minor development review for small projects and the second requires a site plan review for larger projects.

A two-step process is developed for site-plan reviews, a site inventory and analysis followed by a formal development plan. Site inventory and analysis focuses on opportunities and constraints for property use and allows early input by the planning board and public. There are updates on review procedures for subdivisions and mobile home parks and there would be a similar system for smaller and larger projects including a site inventory and analysis step for larger projects.

Eyerman cited 10 major proposed changes in the administrative and performance standards. Planning board decision appeals will no longer be a de novo review. The proposed new ordinance would require an appellate review. Changes in non-conforming structures would be updated in becoming consistent with state shoreland changes.

Shoreland performance standards would be updated for consistency with state shoreland zoning guidelines. Mobile home standards would be updated for consistency with state laws. Timber harvesting oversight would be transferred from the municipality to the state except in the watershed protection overlay district. Local timber harvesting standards in the watershed protection overlay district would be established. A revision of how signs are treated would be consistent with court decisions and allow lit ones in the Commercial Corridor.

Another significant change calls for requiring low-impact development approaches for managing stormwater, replaces current “cluster development” provisions with new “open space development provisions” and updates many current performance standards using an “if it isn’t broken, don’t fix it” approach.

Selectmen will hold a second public hearing on proposed ordinance changes at 7 p.m. Feb. 26 prior to the board meeting in the municipal office’s conference room.