York Town News
York's growth fight continues
By Larry Favinger
YORK - The town continues to look for ways to protect its growth cap in the face of state legislation that would require York and other towns to increase the number of residential building permits allowed each year.Officials caution, however, that the only recourse may be in the courts.
Jeffrey Austin, a lobbyist with the Maine Municipal Association, appeared before the Board of Selectmen at its meeting on Monday, Aug. 14, to discuss MMA's stand and whether there are avenues of help for the town in its opposition of the mandated increase.
He said the Maine State Planning Office does not support the concept of growth caps because its position is that such caps encourage sprawl by forcing people who want to build in a town with a cap but cannot to move to a town with no cap.
Austin said the state wants "every community to accept their fair share of growth" and not to "shove their development off on someone else."
He said having the legislation repealed would be very difficult.
Estimates are that York's cap of 84 building permits a year will be increased to nearly 130 should the legislation stand as it is when it goes into effect next summer.
There is also a provision for affordable housing exemptions in the legislation.
Selectman Torbert Macdonald, Jr., termed the legislation as "A little bit of a Stalinist approach to government" and termed the increased cap number irrational.
"I know of no law that requires legislatures to be rational in the laws they pass," Austin responded.
Selectmen Vice Chairman Dwight Bardwell wondered if the new legislation violates the concept of home rule by mandating cap numbers for municipalities.
"We know what's best for York," he said, not the Maine Legislature.
Austin, who said several times he was not a spokesman for the state, said there are many who strive to protect home rule, but in the area of land use that concept has been compromised.
"That's been a battle for decades now," he said.
Austin said there was a lot of anti-municipal language removed from the original proposal and suggested the town seek guidance from the Maine State Planning Office.
In the end, however, he said that if the town wants to change the law, "What you have to be prepared for is a lawsuit."
Bardwell noted the possible increased pressure on local infrastructure by the increased number of permits and wondered, with a wry smile, if the state would provide funds to help the town deal with that situation, "or does that fall on the local taxpayers?"
He then answered his own question.
"York has to take care of itself," he said.
District 149 Rep. Brad Moulton, R-York, who attended Monday's meeting, said the original version of the legislation was "far more Draconian" than what passed, and said he would propose legislation that would require public hearings on the cap mandate in the coming session if he is reelected.
He said York should get together with its senator and representatives and, if necessary, send the Yandow and a lobbyist to the Maine State Planning Office to seek resolution.
Moulton said the numbers mandated by Legislative Document 1535 are arbitrary.
There is "no fact base to it. I don't think the State Planning Office got it. They've got to be able to figure this out," he said.
During the public comment portion of the meeting, local residents Helen Rollins Lord noted that York's original growth control ordinance was approved by a vote of 3,083 to 945 and, just last May, it was again approved by a 3,007 to 796 vote.
"I keep hoping good minds will prevail over this situation," she said.
