York Town News

Planning Department Monthly Report:

The Planning Department's monthly report of what's on the horizon...

By Town Planner Steve Burns

Town Planner Steve Burns
YORK - Anyone Interested in the Historic District Commission?

With the resignation this week of one of its members, the HDC is now down to two members for a five-member board. This means they can't have a quorum and therefore can't meet. It is imperative that the town find a few volunteers who are interested in historic preservation issues to fill out the HDC membership. Our HDC has been doing a great job, but a long lag in membership will jeopardize their past successes.

Anyone interested should get an application form from Karen Steadman at Town Hall, or contact me and I'll get one to you. Please help! (And remember, you never see this board meeting late night on TV.)

Applications being reviewed by the Planning Board

Things are heating up again. There was no significant wait for applicants up until this month, but now I've received a number of new applications and there are a couple slow-moving reviews clogging up the Planning Board agendas. Out of nowhere we have a one- to two-month backlog.

Applications on the September agenda:
  • OYHS/Jefferds Tavern. Proposed new barn and connector. No change.
  • Sharron and Edgar Kettles. Very minor amendment of the Orchard Farm Subdivision, simply to reflect new zone boundary and setback requirements on their lot.
  • York Storage Solutions/Arenhall Corp. This is the new storage facility where the old Elks Lodge was on Route One. They have asked to move their well location.
  • Highland Farm Phase 2. The board and applicant continued to work through the basic design concepts and issues. The application has not yet been accepted as complete because of it lacks information
  • TAGT. Continued discussion of addition and new building. The board accepted the application as complete, but made no final decision.
Actions taken at the August meeting:
  • TAGT. Continued discussion of addition and new building. The board accepted the application as complete, but made no final decision.
  • Highland Farm Phase 2. The board and applicant continued to work through the basic design concepts and issues. The application has not yet been accepted as complete because of it lacks information regarding public water supply.
  • Diane Goodwin. Minor amendment of an old three-lot subdivision was approved.
  • Twin Lights Subdivision Amendment. Minor lot line change considered, but on hold pending evaluation of violation complaints.
Applications in the works:
  • Campagna Subdivision Amendment. Boundary line adjustment not yet resolved because of a sight distance problem at the driveway.
  • Union Bluff. Preliminary approval granted in January to raze the theater in York Beach and replace it with a multi-use commercial building. A final application has been received but not yet reviewed.
  • Marketplace. The applicant and I are going around on water-related issues for this site. It is now in the hands of the town's review engineer for a reality check. The town engineer is waiting for the results of a meeting between the design engineer and Maine DEP.
  • Davis Drive Subdivision. Mr. Davis is now working on an application to convert the entire subdivision to cluster. Awaiting my review.
  • Bell Marsh Road. The Planning Board referred this issue to the Board of Selectmen in April 2006 without accepting the application.
Sketch-Review Applications completed earlier:
  • Lost World Disc Golf. Conceptual discussion in November 2005 - no action since.
  • Tony Valdez (Fiona's Porch property) received conceptual direction in March about a minor expansion on the back of the building. Review held up pending CEO evaluation of possible outdoor display violations.
  • Bob Cutts/Rumsey Road. There is a long-standing problem regarding road construction on this property, and Bob Cutts is proposing an option to permanently resolve this matter.
  • York Community Service Association. They're working on plans to expand the building and improve the site layout.
  • J&B LLC. Proposed new commercial building on Route One across from Wild Willy's. The applicants are actively working to develop and improve their plan. I expect this back before the board within a couple months.
Applications on the radar screen … applications the Planning Board hasn't seen yet, incomplete submittals, rumored developments and stuff like that…
  • Pine Hill Estates Subdivision. Application has been received for a four-lot subdivision located on Pine Hill Road. I haven't reviewed it yet.
  • Sparhawk Subdivision Amendments. I have received an application but have not yet reviewed it. These changes are too big for field changes.
  • Anchorage Amendments. I have received an application but have not yet reviewed it. These changes are too big for field changes.
  • Cottage Place Lighting Amendment. The condo association is proposing a significant maintenance program for their property, and the lighting upgrade would require Planning Board approval. I have received the application but have not yet reviewed it.
  • Camp Eaton Master Plan Update. The owner went to the Planning Board a decade ago to discuss long-term plans for the campground. He's going to come back in to update the Board.
  • Fazio. The plans for re-development of the Fazio lot on Woodbridge Road are pretty well developed at this point. I anticipate receipt of an application any day now.
  • Spur Road & Route One. The corner lot (across Route One from Stonewall Kitchen) is heating up, but they have Shoreland Zoning problems that appear to be holding up development of the application.
  • Cragin/Currier Logging Road Subdivision. I've briefly reviewed a plan that was originally submitted but not pursued in 1999 for a 40-lot subdivision on Logging Road. This is the 152+/- acre lot just south of Dave Linney's nursery lot. It's a very poor layout on a very wet lot.
  • Peter Weare. Office development of land in the Route 1-5 zone. We have received application materials for this site, but it wasn't yet complete.
  • Peter Weare. Six-unit residential development of land in the RT 1-6 zone. I haven't received an application yet.
  • Doug Gray. Four units of residential development in back land between Darcy Road and Edison Drive. Will probably need PB approval to amend the Darcy/Eldredge/Boban subdivision. I haven't received the application yet.
  • York's Wild Kingdom. Nothing new to report.
  • Cliff House. They are considering minor amendments to their approved expansion plans. Perhaps another pool and some minor changes to the buildings.
  • Whippoorwill Amendment. Application received to amend the original subdivision plans. Not yet complete.
  • Maine DOT. Barrie Hobbins, Esq., met with me on June 12th about a new tower on the MDOT maintenance garage on Route One across from Wild Willy's. The initial discussions I had with MDOT staff were only dealing with state communications antennas. Now we're dealing with a commercial co-location, too. I anticipate seeing this at the Planning Board in August.
  • Small Commercial Site on Route One. 908 U.S. Route One, just south of Whippoorwill. New owner has moved the old blue cape farther back on the lot and plans to eventually open a series of small businesses.
  • Cape Neddick House. New owner is looking to re-develop this property. I have met with the owner, but have not received an application yet, but they are moving forward as evidenced by my receipt of a $10,000 letter of credit.
Comprehensive Plan Amendments

The Planning Board has voted to forward the following 14 amendments to the Board of Selectmen for inclusion on the General Referendum Warrant:

Growth Policy Amendments; Public Water and Public Sewer Amendments; Timeframe for Implementation; Subdivision Policy; Net Buildable Lot Size Standards; Expand Use of Transfer of Development Rights Programs; Comprehensive Plan Update Policy; Manufactured Housing and Mobile Home Parks Policies; Establish Land Conservation Policy for Water Supply Areas; Establish a Water Supply Plan for Rural Fire Protection; Adopt a Local Road Classification System; Regional Coordination for the Mt. A to the Sea Conservation Initiative; Update Accomplishments, and Generalize Zone Recommendations.

The only remaining action on these proposed amendments prior to public vote will be the selectmen's public hearing on the warrant.

Ordinance Amendments

After three public hearings, we're down to the final public hearing to decide whether or not each of these amendments should be presented to the voters at the November General Referendum:

Historic Landmark Designation of Trinity Church; Landmark Designation for Historic Building Conversions; Shoreland Setback Variances; Open House Signs; Contiguous Non-conforming Lots; Enlargement of Non-conforming Structures; Non-conforming Design; Expansion of Non-conforming Use; Bed & Breakfast Standards; Campground Regulations; Front, Side and Rear Lot Lines; Ordinance Clean-Up; Site Plan Review and Route One Use Permits; Large-Scale Retail in York Harbor; Propane Tank Installations; Workforce Housing, and Accessory Dwelling Units in Overlay Districts.

Except for the Workforce Housing amendment, I have each of these amendments in its final form, and I should be finalizing this last amendment within the coming 24 hours. The posted draft will be dated Sept. 1, and will be available from the town clerk and on our web page.

Growth Ordinance

Jeff Austin of MMA presented to the Board of Selectmen on Aug. 14. He described briefly the history of LD 1535, and outlined a series of options and questions for the town to consider. An initial set of draft amendments I had written earlier was posted for a public hearing on Aug. 21, but the selectmen stopped the process for November and have now shifted the timeframe for action to a May 2007 Special General Referendum.

Comprehensive Plan Updates for 2007

I am now working on the two chapters required to complete our update of the Inventory and Analysis Section of the Comprehensive Plan. This will complete a four-year process of data compilation and analysis, and greatly improves our Comp Plan. The approach of working one chapter at a time is unique around here - no other community in the Southern Maine Regional Planning Commission's area is doing it this way. However, it appears that Kennebunkport will be making a change to this approach. It is a great way to keep a plan current with a modest amount of effort each year.

A. Historic and Archeological Resources Chapter. I am beginning to rough out the text of this chapter. I have taken the text of the existing document and moved it into the new outline. I have finished reading the 870-page Banks' History, and now I am researching various topics to fill out the text. I anticipate a trip to the MHPC office in the near future to find out what information they have. One of the interesting challenges of this work is a need to keep sensitive data confidential - which means that I can't obtain copies of maps or documents which locate sites. The state can retain that information and keep it confidential, but towns can't. If we obtain a map of sensitive archeological sites, it becomes public information and must be disclosed upon request, potentially exposing those resources to theft and vandalism. So I am trying to figure out how to develop the inventory and analysis - a task intended to expand public knowledge - without disclosing critical information. The policies that result will be equally challenging, because we'll be looking to figure out how to protect resources whose location we don't want to disclose to the general public. I have tentatively targeted the Oct. 26 Planning Board workshop to present initial work and begin public discussions.

B. Municipal Capacity Chapter. I have begun work on this chapter in earnest. Brett is working on a series of four maps: government property and facilities; municipal easements; cemeteries and burial grounds; and veterans' graves. Once this initial part of the chapter is completed, I will work with each department head to get a handle on services and capacity to deal with growth. I have tentatively targeted the Sept. 28 Planning Board workshop to present the maps and begin public discussions.

Workshop on Low Impact Development Standards

On Aug. 8, LaMarr Cannon of the Maine NEMO (non-point education for municipal officials) Program came to York for a training workshop for area planning boards. We hosted the event for York, Kittery, Eliot, South Berwick, Ogunquit and Wells, and we had attendance from each of these communities. These communities were invited to participate because they're all in the area of the Mount Agamenticus to the Sea Conservation Initiative with us. It was a great opportunity to hear about some new design concepts that can improve the quality of development.

Riparian Corridor Protection

Jon Discher is continuing his work on this task, and I have pulled him off application reviews so he can focus on this. He has completed initial analysis of stream orders and riparian protection, and is making good progress on an assessment of riparian corridor conditions. He is using both the USGS streams layer and the new hydro layer generated as part of our contour contract. Where he is finding unusual discrepancies between these two data sources, he will be conducting field work to reconcile differences. (This work will also be critical to the quality of our Shoreland Map revisions - see next item.) I am hoping this research will be completed within the coming month or so. John will be presenting work completed to date to the Planning Board at their workshop on Sept. 28. When the research is complete, I have asked Jon to prepare a draft report. We will conduct some sort of public forum to solicit input on the draft report - hopefully prior to Thanksgiving. My goal is to have this report finalized by the end of the calendar year so I can prep any comp plan or ordinance amendments for November 2007.

Shoreland Map Amendment

With the state's adoption of new administrative rules for shoreland zoning, York will be required to make significant amendments to its Shoreland Map by November 2007. Brett Horr will be working on the map-based portion of this work, while I handle the policy side of the effort. As part of the contract work to develop 2' contours for the entire town, the contractor will be delivering a new hydro layer which will show the ocean, ponds, lakes, river, streams and wetlands. We have received initial draft data already, but the final deliverable won't arrive until mid-September. We'll need a month or so to quality-check it, then we'll use our new data along with NWI wetlands mapping and our old Shoreland Map to generate a new draft map. Brett will be meeting with the Planning Board at the October workshop meeting to bring the board up to date on this project.

Site Plan & Subdivision Regulation Amendments

The board has posted a single change which would establish more control over big earth-moving and resulting changes to the landform and landscape. There are other changes which I anticipate work on in the coming months, including: landscaping plan requirements; building plan requirements; expiration of conditional approvals; application completeness standards, and options for low-impact designs.

GIS Update

Brett Horr, Jennie McCann and Doug Bracy attended the annual ESRI International Users Conference in San Diego. Brett was a presenter this year - further evidence that he continues to excel in the GIS field. Brett and I also submitted a map showing major flood damage in the map gallery competition. Back in the office, we are anticipating receipt in mid-September of the new 2' contour data. This will also include water features and impervious surface information, and represents our largest data purchase since we began the system in the late 1990s. This new data will greatly enhance our system and will be the foundation for much of our water resources planning work referenced in the projects listed above.

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