TOWN OF EDGECOMB MINUTES OF THE COMMITTEE TO DRAFT ORDINANCE REVISIONS
July 17, 2006

Attended: Katharine Braid, Sue Carlson, and Stuart Smith

The meeting was called to order at 6:15 P. M.

It was agreed that the ordinance contains contradictions and any revisions to one section of the document would need to be cross-checked with all other sections.

Changes are needed in the Definitions Section. Sue Carlson suggested the following definition of "lot" -- a parcel of land that is surveyed and has boundaries.

Stuart Smith presented his suggested changes as follows:

Page 148, Resource-based Subdivision, Section 2.4.8.1 -- a density bonus of one additional unit would be allowed with water and sewer. Sue Carlson suggested that the density bonus should be given only where density is encouraged.

Page 184, Building Code, Section 4.7 -- Delete the first sentence and substitute "Minimum lot sizes are identified in the table below." At the end of the paragraph add, "Lots created with less than the minimum lot size before a water/sewer bonus cannot be split unless the split lots conform to the minimum lot size requirement for the lot."

Katharine said the ordinances have to follow the Comprehensive Plan. The Comprehensive Plan should be changed and then a professional planner should be hired to make the ordinances fit the plan. Sue said she understood that the proposed revision to Section 4.8, which the committee was charged with drafting, was only a stopgap measure until the Comprehensive Plan was finished, at which point more extensive changes in the ordinance would be made.

With regard to procedure, Stuart said that the citizen petition (a revision of Section 4.8) would have to be voted on at the next Town Meeting. The charge of the committee was to create alternate wording.

Stuart said that when the ordinance was written, there was no thought that water and sewer would be available anywhere but the Route 1 corridor. It is reasonable now to think that all of Davis Island will have water and sewer. The State may mandate the elimination of overboard discharge from five or six houses on Davis Island.

Sue said that after researching water and sewer regulations, it was obvious that Edgecomb needed a municipal water and sewer district to guide development. She agreed with Katharine that only a minimum amount of change should be made in the ordinance without a planner.

Continuing with Stuart's changes:

Page 185, Section 4.8 - Eliminate the second sentence, removing any reference to water and sewer.

Page 185, Table 4.7 - a third column would be added to show density bonus with water and sewer.

Stuart also proposed eliminating the subdivision ordinance.

Katharine said these changes would not follow the Comprehensive Plan and would not be a stopgap fix. She recommended referring the changes to the Comprehensive Plan committee and if adopted, then changes to the ordinance could be made. Sue said that there would be opposition to the elimination of the regular subdivision ordinance.

Katharine said she anticipated a legal challenge to any decision made by the Planning Board because of the poorly worded ordinance section.

In response to Sue's question, Stuart said that Roger Bintliff had submitted an application for up to 25 residential structures and one commercial structure on 17 acres on Davis Island. There was discussion whether this constituted "multiple residential units" or whether only multi-family units would fall under this category. The application will require an interpretation of Section 4.8 as it now exists. Whether it would be considered under the current ordinance or be subject to any change in the ordinance before final approval of the application was unclear.

Katharine submitted a draft of Section 4.8 asked whether it would be possible to have a planner available to begin drafting revisions to the ordinances in anticipation of the passage of a revised Comprehensive Plan.

Sue said that in addition to rewording Section 4.8, definitions of lot and multiple residential units were needed. State statutes will be consulted.

Katharine said that if the Comprehensive Plan designates areas for greater density and encourages density in those areas, then that's where water and sewer should go first.

Alternate language for Section 4.8 will be Article 3 on the warrant (following the petition articles) and it was suggested that, if necessary, approval of funding for a planner be Article 4. Definitions for lot and multiple residential units will be included in Article 3 (?).

Stuart suggested that the part of the TIF district outside the Gateway District be grandfathered. Katharine said that reference to the TIF district in Section 4.8 would present other problems inasmuch as there is no reference to the TIF district anywhere in the ordinance. Stuart said that any change in Section 4.8 that would affect the TIF district might cause the banks to become nervous, call the notes and cause a domino effect, opening the town to legal action.

It was the consensus of the committee that Stuart contact Paul Gibbons for a review of Katharine's revised wording to make sure it does not conflict with the TIF agreement. The committee will meet at 6 p.m. on August 21 with their research on definitions. Stuart's recommended changes will be given to the Comprehensive Plan committee for its consideration.

ADJOURNMENT: Adjourned at 7:30 p.m .

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