Ogunquit News

Planning and Zoning Appeals in joint workshop

Setbacks, run-off, vernal pools and impact fees all discussed

By C. Ayn Douglass

OGUNQUIT - The Ogunquit Planning Board and Zoning Board of Appeals met in a joint workshop Monday, July 17, at the Dunaway Center to discuss proposed land use ordinance and subdivision regulation amendments to comply with the comprehensive plan.

Several of the items on the agenda were written to protect the natural resources of the town.

Despite the fact that Ogunquit's shoreline is largely made up of rocky cliffs high above the waterline, or public beaches and dunes that are already protected from growth expansion, the Ogunquit River area is susceptible to flooding and climate changes that, over the next hundred years or so, are expected to rise by one to three feet. With that as a starting point, the zoning recommendations require buildings in coastal properties to accommodate that sea level rise. According to town planner J.T. Lockman, the Maine Geological Survey estimates a two-foot rise and, Lockman said, zoning should reflect that.

Land Use Director Paul Lempicki said, "This board has got to make a decision to comply with the comprehensive plan. There's not that much left (to develop) with the exception of the river. The rest is on a ledge or cliffs. On the river it'll be a different story."

Current setbacks from the high water mark in the flood plain are at 10 feet; the state recommends 12 feet, and the planning board preferred to settle at 11 feet.

Storm water run-off as structures are built on small lots was also a concern of Lempicki.

"There's a serious problem in town and no one is addressing it or setting any money aside for it. There's no money even set aside for a study," he said. "Storm water drainage and the system for handling it in town is inadequate. All garbage and grease goes into the river because sump pump (material) goes into the river and ultimately into the ocean. In ten years has anything addressed the storm water drainage?"

Lempicki said if the town had put in a system for storm water runoff earlier, a lot of the current and future problem would have been eliminated.

"The state came out with a new ordinance saying we have to take care of storm water runoff," Lempicki said. "How do we do it on postage stamp lots with a lot of impervious cover? It will put a burden on the homeowner - you're talking several thousand dollars if it can be done at all."

Planning Board member Michael Score agreed with Lempicki, but said it was a bigger issue than the two boards could come to grips with and suggested making it a charge of the board of selectmen.

Planning Board vice-chair Muriel Freedman agreed and said it needed to come before the board of selectmen and be funded as a capital improvement expense.

The protection of vernal pools was also included in changes to the zoning ordinance from a recommendation made by the Conservation Commission. Under the proposed changes and by state law, if there is a significant vernal pool (defined as a natural, temporary to semi-permanent body of water occurring in a shallow depression that typically fill during the spring or fall and may dry during the summer) the state requires that a building not be placed within 250 feet of it.

According to Lockman, the state is going to identify vernal pools and provide that information to municipalities for layovers on their maps. The town must comply with rules already set by the Department of Environmental Protection, Lockman said.

In order to preserve open space, the planning board has also recommended any developments comprising five lots or more be considered cluster housing that will allow the developer 20 percent higher density while keeping 50 percent of the land in open space.

The Conservation Commission advised that they are working on an amendment that is expected to be ready for the November ballot which imposes an impact fee on developers. The designated fee would go toward the conservation land fund or for infrastructure maintenance.

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