York Beach zoning proposal one step closer to the May ballot

YORK BEACH - Despite some very tense moments when it looked like an ordinance designed to pave the way for revitalization at the Beach might be on hold for at least six months, the plan is moving forward toward a May vote.

That decision came after a lengthy workshop at the York Senior Center on Jan. 31, when the Planning Board heard from Community Development Director Steve Burns and Town Planner Christine Grimando that the York Beach Zoning Ordinance, as proposed by the York Beach Renaissance Committee, included language that would not have been in compliance with the Comprehensive Plan.

The plan is not zoning law in and of itself, but as Burns explained, all zoning passed by the town must be in compliance with it.

For example, the location of the proposed York Beach Village Transition zone became problematic, as the Comprehensive Plan specifically delineates that a portion of the area proposed as a mix of residential and business uses should remain residential-only.

Emotions were running high as the Planning Board grappled with whether the proposal could move forward at all, and members of the York Beach Renaissance Committee were frustrated with the Planning Department's proposed changes to the draft and with the fact that such a discovery came so late in the process.

Planning Board Chairman Glen MacWilliams explained that factors such as this demonstrate why it is essential to have proposed ordinances thoroughly reviewed by professional planners, stating he shared the committee's frustration. Both MacWilliams and longtime board member Barrie Munro added that they, too, like the town staff, had not found the issues with the plan during prior work drafting the ordinance.

"This is not necessarily a show-stopper," Burns said, noting there are other plan recommendations that could be cited but it would be up to the board - and not town staff - to make that call.

Planning Board member Lew Stowe then referenced a plan recommendation that York Beach should have its own zoning, and Burns confirmed the board could choose to focus on that section as justification, which allowed the board to move forward with its piece-by-piece review of the ordinance.

Other proposed changes to the committee's draft ordinance also raised concerns from some Renaissance Committee members, including Greater York Region Chamber of Commerce Executive Director Cathy Goodwin, who questioned a recommendation by Burns and Grimando to turn Railroad Avenue into a pedestrian plaza by 2010.

The planners had suggested the change based on one of the key points of focus for the York Beach zoning plan: to make the beach a pedestrian-friendly area.

The ordinance's goal, as stated, is to "promote an attractive, inviting, safe, pedestrian-focused, family-oriented environment; safeguard the historic flavor, character and diversity; safeguard clean healthy beaches, and help support coordinated improvements to businesses, residences and public places through a predictable and timely process."

Such a significant change as closing a street, Goodwin said, should have been discussed earlier in the process.

"There are businesses down there - that would be huge news to them," she said at the meeting.

Following the meeting, MacWilliams explained that Burns and Grimando were able to isolate the policy context needed to reinforce a plan for pedestrian access and changes to the village center.

"They put things in the right context," he said, adding, "Professional planners are wonderful" in that ability.

Over the course of more than four hours, the Planning Board had reviewed the revised ordinance, amended portions and voted unanimously, with only David Woods abstaining due to his connection to York Beach, to move it forward for a public hearing before the Board of Selectmen.

Ultimately, Renaissance Committee Chair Dawn Fernald said, "I was very pleased to see the Planning Board vote to move this forward to the selectmen."

She explained that the group had worked hard to create the original document and added, "While we were disappointed to see the revised document had so many changes from our original intent, we were happy to be part of the discussion on Thursday, and some of the newly-created ideas that were brought forth from the Planning Office were stricken based on input. I look forward to the next few weeks so that our committee has a chance to look at the changes and ensure our ability to embrace them."

MacWilliams said he is looking forward to seeing the ordinance move forward to a public hearing, speaking of citizen input to date as well as the tireless efforts of the Renaissance Committee and the work of town staff and the Planning Board.

"To make something succeed, you have to have all of that," he said, adding the work of the Renaissance Committee and the process to date represents some of the best of what York has to offer, adding he hopes many residents will share their views at the next hearing. "The public really has a lot to say about this."

That was certainly the case when the Planning Board held its public hearing on the earlier draft presented by the Renaissance Committee on Jan. 24.

Among those who spoke was Beth Fowkes, who urged the Planning Board to review the proposal to best protect the residential neighborhood surrounding the York Beach Village Center.

John Parker asked the board to be aware of potential historical sites as the plan moves forward.

Ron Nowell commended the volunteer committee on its work to date, and stressed, "Design standards are the best and only way to maintain the aesthetic control of the look of York Beach" and also recommend close study of wetlands to determine where any future development should occur.

Rick Boston, a partner in the historic Goldenrod of York Beach, voiced concern about the plan going before the voters at this time, citing such issues as parking, traffic flow and drainage, and adding he believes the process is happening too fast.

Boston referenced a review of "mini-skyscrapers" going up on tiny lots in other parts of the Beach area, brought to the board's attention by Code Enforcement Officer Tim DeCoteau, as "abominations" made possible by "loopholes people found after a seemingly innocent zoning change was made."

The Board of Selectmen's Jan. 25 meeting, which is scheduled to include a hearing on the revised ordinance, is scheduled to begin at 7 p.m. on Feb. 25 at the York Public Library.