Council delays shore land zoning vote

By Gillian Graham
Staff Writer

The Biddeford City Council will wait nearly a month to take another look at shore land zoning ordinance changes recommended by the planning board.
The council voted 6-3 to table the measure until a Jan. 19 meeting. Councilors Raymond Gagnon, Jim Emerson and Pete Lamontagne opposed pushing back the vote. Councilor Pat Boston said she wanted to wait to vote for two reasons: to give new councilors more time to become familiar with the issue and to allow the planning board the opportunity to change the zoning for two homes.
The Dec. 10 council vote came about nine months after the planning department began working on updates to the city’s shore land zoning ordinance, which staff said is required by state law. The changes would switch about 180 homes on Mile Stretch, Fortunes Rocks and Hills Beach roads and Bridge and Yates streets from resource protection to less restrictive limited-residential district zoning.
Resource protection zones are created for relatively undeveloped areas, while limited-residential districts are areas suitable for residential development, according to City Planner Greg Tansley.
Residents of the coastal area are split on the issue and have turned out in force at a series of public hearings before the council and planning board. Those opposed to the changes say natural resources could be compromised if there is more development in the area. Supporters say the changes will allow the law to be applied fairly and more homeowners will be able to improve their properties.
Tansley told the council the planning board “invested a significant amount of time” looking at shore land zoning. He said no more than five new homes could be built in the area if changes are adopted. The changes will eliminate inconsistencies in the “patchwork” ordinance, he said.
Tansley said the ordinance is consistent with the city’s comprehensive plan because it strikes a balance between resource protection and homeowners’ rights.
“We remain still more restrictive than the state requirements” for setbacks, he said.
Susan Amons, vice-chairman of the Conservation Commission and coastal resident, said she opposes the changes and the city should aim to protect natural resources. She said the committee’s view is that the council “shouldn’t make unnecessary zone changes resulting in lower levels of protection.”
Hills Beach resident Pat Moynahan said Biddeford Pool is a “naturalist’s paradise” that draws visitors from across the country.
Hills Beach resident Steve Stanvick said he has heard a lot of “misconceptions” about the changes, which he supports. He said it doesn’t make sense that neighboring homes are zoned differently and that “inequality needs to be resolved.”
Chris Stone, a Fortunes Rocks resident and local realtor, said the zoning changes are necessary to eliminate inconsistencies in the ordinance that are unfair.
“The change to limited residential does not mean there is going to be widespread development. We still have setbacks, we still have setbacks for septic systems,” she said. “I don’t understand why this has to go on and on.”
After listening to comments from more than a dozen residents, Councilor Gagnon said adopting the changes would encourage people to improve homes, which will ultimately increase the tax base.
Councilor Emerson also spoke on the issue before the vote to table the measure. He suggested the ordinance be revised to “fix” the incorrect zoning of two houses on Granite Point Road.
 He said there was no difference between the two neighboring properties and they shouldn’t be treated differently than other homes covered by the ordinance.

 

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