| Joanne Cole |
Policy matters dominated discussion at the Select Board’s March 6 meeting. Among other actions, the board narrowly approved supporting a bill that would exempt towns under 10,000, like New Gloucester, from key provisions of a new law aimed at increasing housing by altering zoning restrictions.
The board also took up a draft Memorandum of Understanding between New Gloucester and Gray that lays out details of the towns’ ongoing collaboration on recreational programs.
In addition, the board considered the posting of roads for “spring,” reduced hours temporarily at the Town Office service desk, created a committee for the Town’s 250th celebration in 2024, and heard an update from the BLING group, along with public comment.
New housing/zoning law, LD 2003. Speaking on behalf of the Land Management Planning Committee (LMPC), Don Libby was in the Meetinghouse to ask that the town formally support a new bill, LD 214, that would exempt towns under 10,000 from some provisions of the new housing and land use law known as LD 2003, its bill number before passage.
LD 2003 addresses Maine’s housing crisis through a mix of goals, mandates and incentives intended to increase housing supply, including affordable housing. Among other provisions, the new law requires denser development, eases restrictions against accessory dwelling units and provides incentives for affordable housing projects.
The law was the work of a bipartisan commission that studied the impact of zoning and land use restrictions on housing development and availability. New Gloucester Representative Amy Arata served on the Commission and co-sponsored the resulting legislation.
In effect, LD 2003 upended municipal zoning, moving communities from (arguably) NIMBY restrictions—”Not in my backyard”—to a statewide policy that could be labeled AIEBYT: “Actually, in everybody’s backyard, thanks.” The law requires cities and towns to allow denser development, as long as water and septic/sewer are adequate and setbacks, size and other conditions are met.
Notably, LD 2003 requires municipalities to allow additional units on lots zoned for single-family homes. Where previously one ‘dwelling unit’ (e.g., house, apartment unit, condo, accessory apartment) was allowed, now two–or more, depending–must be permitted. According to state guidance, on a vacant lot where only one dwelling unit is currently allowed, two must now be allowed.
Further, a vacant lot in a town’s ‘designated growth area’ can have up to four dwelling units—for example, two duplexes or a combination of attached or detached structures adding up to four. The law also affords density bonuses for long-term affordable housing.
LD 2003 also liberalizes rules around accessory dwelling units (ADUs) and requires municipalities to allow accessory dwelling units on lots with existing single-family homes. Basically, if there’s a house, there can also be an ADU, either upstairs/downstairs, attached or in a new structure – again, provided setbacks and other requirements are met. (Learn more in the State’s helpful and practical guidance document at this link.)
Concerned about LD 2003’s potential impact, LMPC, which oversees long-range land use and drafts proposed ordinances, and the Planning Board took the unusual step of convening jointly in April 2022 and agreeing to a letter opposing the bill.
Nevertheless, the new law took effect in August 2022, although the effective date of several key provisions was delayed until July 1, 2023, to give municipalities time to adjust. The law included special funding for technical support and grant opportunities to help towns review and revise their zoning. Proposed rules with definitions and other details were issued in early February 2023 and a public hearing held in early March. The public comment period closed earlier this week, so final rules for implementation are likely forthcoming.
Because of LD 2003’s provision for greater increased density in “designated growth areas” under the new law, Town Planner Natalie Thomsen mapped New Gloucester’s designated growth areas for LMPC, following the Comprehensive Plan. The growth areas encompass a broad swath of town extending from both sides of Route 100, through adjoining roads, as well as down 231 to the Lower Village.
Given the law’s potential impact in New Gloucester, the Land Management Planning Committee (LMPC) recently voted to support LD 214, a new bill that would buy time and extend the implementation date to October 1 and exempt towns under 10,000 from some requirements of LD 2003, including the four-unit-vacant-lot-in-growth-area and the must-allow-an-ADU-where-a-house-can-go provisions.
Chair Paul Larrivee, board liaison to LMPC, appreciated the intent behind the law but was concerned about its impact on the town’s rural character. LD 2003 could lead to “dramatic growth,” he said, that the town lacks the infrastructure, schools and services to handle.
Now LMPC was asking the Select Board to formally support LD 214. In discussion, board members were uncertain about what exactly LD 2003 would mean for New Gloucester and also how much of the new law LD 214 would affect.
Member Peter Bragdon was less sure. “A lot of assumptions are being made about this bill [LD 2003]. Do we really, really know what it’s going to affect in the town?” Bragdon had heard contrary interpretations suggesting LD 2003’s impact in New Gloucester would be limited. “I think people have property rights, too,” he said, adding, “I just don’t think everybody can put in four houses. I think we’re assuming a lot of things.” Bragdon also wanted clarity on which requirements in LD 2003 would still apply to smaller towns if LD 214 were to pass.
Board member Dustin Ward was concerned that being exempted from the new law could result in the town’s not tackling affordable housing. Said Ward, “I don’t want to exempt us from affordable housing or growth housing or something that we do need to take up.”
Larrivee and members Tammy Donovan and Stephen Hathorne bristled at the idea of a top-down directive from Augusta. “I’m not against growth… smart growth,” Larrivee said. “This is forced growth from the state level.” He said if the town hadn’t identified a growth zone in the Comprehensive Plan, “this wouldn’t even apply to us.” Earlier, Bragdon had expressed reluctance at backing away from a Comprehensive Plan developed at length and approved by voters, “and now we’re saying those aren’t really our growth areas.”
Tammy Donovan pointed out that even if New Gloucester and other municipalities support LD 214, the fate of the bill is uncertain. As former Town Planner Natalie Thomsen had noted to LMPC, if communities under 10,000 are exempted, only about two dozen municipalities would remain subject to all of LD 2003 provisions, undercutting the law’s apparent intent that all Maine towns and cities be part of the housing solution.
In a 3-2 vote (Bragdon and Ward opposed), the board ultimately decided to direct Manager Bill Kerbin to write a letter to the town’s two state legislators urging support for LD 214.
GNG Recreation Memorandum of Understanding. After discussion, the board decided to seek input and a recommendation from the Parks and Recreation Committee regarding a draft Memorandum of Understanding between New Gloucester and Gray. The MOU formalizes details of the towns’ ongoing collaboration on recreational programs and has long been in the works. This version has been approved by the Gray Town Council.
Board members had questions about the term and scope of the agreement and the extent of the recreation directors’ authority over managing program finances and operations, including setting fees, among other items. Since the board’s March 6 meeting, the Parks and Recreation Committee has met and recommended adopting the MOU as drafted. The committee’s response details their reasons and addresses board members’ concerns. The board will consider the committee’s comments and revisit the MOU at their March 20 meeting.
Town Hall window hours. With the departure of Deputy Clerk Kim Getchell, the board trimmed the open hours of the Town Hall service window by 5-1/2 hours each week, including an hour around midday each day. Deputy Clerk Sharlene Myers, who will be handling duties solo until a new staff member comes on, suggested alternatives to the board based on her observations and experiences, and they followed her recommendations. The new window hours took effect Monday, March 13.
Posted roads. After discussing posted roads against heavy loads for “spring,” the board decided to take Snow Hill Road off the list. Earlier, during public comment, resident Steve Maschino had asked that Snow Hill Road be removed, as it affects his business from Outlet Road. The road’s posting last year for the first time was a reflection of its poor condition and it has since been paved, Maschino noted. The board concurred and also asked that Public Works Director Ted Shane consider whether Bald Hill Road to Route 100/Lewiston Road should be posted.
Cumberland County taxes. As a result of changing its budgeting from a calendar year to a fiscal year, Cumberland County is levying a special six-month assessment for FY “23.5.” New Gloucester’s added share amounts to $188,000. Towns were given the option of paying over as many as five years, but the board voted to take care of the bill this year, along with $419,000 for ‘regular’ FY23-24 county taxes.
Public Comment and updates. Resident Carl Wilcox urged the board to voice support to MDOT for stops in New Gloucester on any commuter bus system between Auburn and Portland, passenger rail having been deemed not practicable. Two of MDOT’s proposed bus routes pass through New Gloucester—one using Route 100 and the other the Turnpike—but without New Gloucester stops. Learn more here, and offer your public comment using the Contact Us link here.
On a separate note, Wilcox wondered whether Fire Rescue is aware of trhe lengthy train delays they may encounter due to lengthy trains at the Intervale Road railroad crossing, where he recently waited 20 minutes. Trains will be even longer starting this summer, he said, with new siding going in.
Julie Fralich, leading the volunteer group BLING (Building Livability in New Gloucester), updated the board about the group’s activities. She shared results of the group’s community survey which, along with data about New Gloucester from the M-DASH program, are helping shape BLING’s possible priorities and next steps. Preliminary areas of focus include housing, transportation and safety, recreation, and resources, she said.
Fralich said a community event is being planned for April for residents to share what they want to see in New Gloucester and to learn about town data and BLING’s work so far. For more about BLING’s work and links to the summary report Fralich shared with the board, click here. Later in the meeting, board members suggested BLING rather than the town Economic Development Committee as possible organizer of a forum on grant programs for home repairs.
Town’s 250th celebration. The board created an 15-person committee to organize a celebration of the town’s 250th in 2024. Four seats will be set aside for members of the New Gloucester Historical Society and the remaining 11 will be appointed by the board. Applications are due by 6 p.m. on Monday April 3. Find the application at this link. Consider applying. After all, this only happens every 250 years.
Note: I’ve corrected this post to reflect that the 250th celebration committee will have 15 seats, 11 of them of them appointed, not seven. My error. ~ Joanne
To view video of the the March 6, 2023 Select Board meeting, click here. For board meeting agendas and supporting documents, click here.
