York Town News
Board discusses petition, subdivision
By Jennifer L. Saunders
YORK - A Comprehensive Plan amendment requested by approximately 150 local residents will not be on the ballot in November.That was the Planning Board's decision at its July 13 meeting on a request submitted by Bion Pike for a proposed amendment regarding covenants and deed restrictions.
The amendment reads, "Except for conservation land that is to remain permanently undeveloped, covenants or deed restrictions that are more restrictive than applicable town of York land use codes shall be prohibited on all lots which are 40 acres or less in area and located west of the Maine Turnpike. It is believed that such covenants and deed restrictions would limit traditional rural uses in favor of more suburban-style development, which would ultimately displace the rural qualities that still exist and that the townspeople seek to preserve."
Pike said he gathered 30 of the approximately 150 signatures in just a two-hour period.
"From York Village to York Harbor to Cape Neddick, each area has its own unique character that's worth preserving," he said, adding that those who choose to live west of Interstate 95 are seeking a more rural way of life, which includes responsible stewardship of their own land.
Deed covenants can get in the way of that, he said, using the example of a Scituate Road resident who purchased her home more than 34 years ago with deed restrictions prohibiting farm animals on the property and the use of a clothesline. The former owner who requested those provisions has passed away, Pike said, "and this woman is still living with these deed restrictions on this property."
Newly-elected Planning Board Chairman Glen MacWilliams, Vice Chairman Barrie Munro and member Tom Manzi voted against the request while Richard Smith and Glenn Farrell voted in favor of it.
Among other business, the board also continued its review of the Highland Farm Phase 2 subdivision, hearing an array of concerns from abutters and other residents.
David Michniewicz questioned proposed lot sizes within the watershed that do not meet the town's 10-acre standard. No treatment plan is designed to handle a septic system failure seeping into the water supply, he said.
"The cost of dealing with such an event would be huge," he said.
Steve Haight, representing the applicant's design team, pointed out that the parcel is 130-acres, averaging six-acre lots for the proposed 21 houses.
Residents also questioned impact on wildlife from the proposed subdivision of between 21 and 28 lots.
Ultimately, the board requested a report from a wildlife biologist assessing species on the site before the next review of the proposed subdivision.
