Boothbay planning board back to de novo review, shrinks setback
Lisa Kristoff
Boothbay's planning board met for the first time since receiving the
zoning ordinance changes and recommendations from the board of appeals on
Tuesday, September 25.
Chairman Kristina Ford and the board welcomed Dick Perkins from the
board of appeals.
Ford began by addressing the appeals board's opinion that the revised
ordinance contains many redundancies within the proposed ordinance -
language repeated in multiple sections pertinent to just one section.
"We wanted to create a document that a person did not have to search
the whole of to find what they were looking for," said Ford.
"To that end, the redundancy is intentional. This document is not
written for the planning board or the board of appeals, it is written for
the public," Ford said.
As an example, Ford said, "If someone disagreed with a planning board
decision and wanted to appeal, we could just hand out section five. You
shouldn't have to go back to section three (development and use), you
should be able to just look in section five."
The planning board disagreed with the board of appeals' determination
that the subsection on approved appeals was not appropriate in the appeals
section.
The board of appeals' recommendation that the planning board do on-site
visits even when it was obvious the plan would be denied did not meet with
planning board approval.
Said Ford, "If something obvious, or that off-the-wall was proposed,
Marion (Anderson, Code Enforcement Officer) would let them know and we
would not see it."
Perkins said he understood why the planning board was rejecting some of
the recommendations.
Ford said that the appeals process was back to de novo, but that both
boards had to agree that any new evidence would send the case back to the
planning board.
"Our (board of appeals) goal here was to make the ordinance as
simplistic as possible," said Perkins. "Thanks for all of your hard
work."
The planning board has reduced the setback requirement in Shoreland
Overlay Zones around some (moderate) wetlands from 250 feet to 75 feet as
per allowed in Section 438 of Title 38 of the standards.
As per a recommendation by Richard Baker of the Department of
Environmental Protection, outlet streams from these wetlands must be
designated, as part of the Stream Protection District. And, the streams
and applicable wetlands would have to be mapped.
The planning board agreed to reduce the setback and map the moderate
wetland areas and streams already known, and others as they are
discovered.
An article regarding further particulars about the revised town zoning
ordinance will appear in the October 18 edition of the Boothbay
Register.
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