Introduction

The Planning Board Advisory Workgroup was formed in mid December 2017 to examine possible zoning changes to the Maritime/Water Dependent District of Boothbay Harbor (the East Side). Because the district prohibited most uses that were not water dependant, most new businesses were prohibited, and existing businesses (established prior to zoning regulations) were prohibited from re-investing in any meaningful way. Thus the initial charge to the group was to consider zoning changes that would allow existing businesses to renovate, relocate, rebuild and reinvest, while not harming our existing water dependant uses and maintaining public access and connectivity to the waterfront. To facilitate this goal the advisory group was formulated to include professional planners, east side business owners, residents, planning board members and the BBH Code Enforcement Officer.

The advisory group has met seven times, conducted significant research into similar districts in Maine, met with the Department of Environmental Protection, considered (and rejected) numerous zoning strategies and finally formulated what we feel are sensible zoning recommendations. These recommendations are consistent with zoning regulations elsewhere in the town and with the Comprehensive Plan for BBH. They will provide an appropriate economic stimulus, while protecting the important features essential to our town. The recommendations are presented in the remainder of this document and consist of a statement of the guiding vision for the east side, a list of key policy positions, and, in the appendix, draft sections of our zoning codes that implement the proposed changes.

These recommendations will be delivered to the BBH Planning Board for further refinement and additional public hearings. Once these are concluded, the proposed changes will be forwarded to the Selectboard who will formulate the warrant articles, hold one final public hearing on the warrant, and then, we believe, schedule a special town meeting to vote on the warrant articles. As always the voters of the town will have the final say.

I wish to thank the members of the Advisory Group for their dedication to this endeavor and for their high level of professionalism and willingness to have productive discourse, even when opinions differ. Finally I wish to thank the citizens of BBH who came to meeting after meeting to contribute to this effort.

Planning Board Advisory Group Members
Planning Board
Dan Bacon, Gorrill Palmer, Planner	Tom Churchill, Vice Chair
Tim Brown, Brown's Wharf Inn	Lee Corbin
Bob Faunce, Lincoln County Planner	Jon Dunsford
Jeanne Fuller, Harbor Bait	Bill Hamblen, Chair
Geoff Smith, Code Enforcement Officer	John Hochstein
Mike Tomko, Selectman	Margret Perrit Chris Swanson

A.	The group recommends the following vision statement for the east side district.

The east side should consist of mixed uses including hotels, restaurants, shops, residences (both single and limited multi-family), marinas, water dependent uses (bait suppliers, wholesale and retail lobster and fish markets, boat launching ramps, marine repair), with easy pedestrian mobility and some level of public waterfront access, all developed at a density that is somewhat less than the west side in order to support visual and physical connectivity to the waterfront.

B.	The key policy provisions for the east side district are:

•	to re-define the existing Maritime/Water Dependant District as a Mixed Use District with every parcel in the district having the same set of permitted uses.

This provision defines the new district (with boundaries identical to the old district), introduces the mixed use concept, and makes clear that every parcel in the district will have the same set of permitted uses (no "special" parcels).

•	to continue all current uses (including Water Dependant uses) in the new District, and add new commercial uses (e.g. motels, hotels, inns) consistent with a Mixed Use District.

In many ways this is the key new provision for the district. It allows new commercial uses in the district and will allow many of the existing business to re-invest, as they will become permitted uses.

•	to have a high water setback of 25 feet for all new construction except Water Dependant uses which will continue to have a 0 foot setback.

This will allow for flexibility in locating buildings on the parcel, still protect the shoreline, and is consistent with DEP requirements for a mixed use district.

•	to permit common wall residences (condos) in the district, subject to the same density requirements that currently exist for every other district in town (up to 6 units per acre).

This will permit additional common wall residences to be built, but will control the density to be consistent with the rest of the town and limit the number to an amount consistent with the overall vision for the district.

•	to set a minimum lot size (MLS) per common wall construction dwelling unit of 2500 sq. ft. and allow lots in common ownership (in the district) to be treated as if they are contiguous for the purposes of calculating density and locating these units.
•	
This will allow design flexibility in positioning these structures and result in better utilization of the district without increasing the overall density of the multi-family units. The 2500 sq. ft. MLS will also encourage commercial development in the district (one of the primary goals of the effort).

•	to set the square footage required for each non-residential use to 2,000 square feet per use.

This will provide flexibility for commercial development of the lots in the district. This is the same recommendation that has been made to the town for the Downtown Business district (the west side).

•	to require that significant developments on lots with over 100' of frontage on Atlantic Avenue maintain view corridors of at least 20' from Atlantic Avenue to the water.

This will maintain the visual connection to the waterfront that exists today and prevent development that results in an impenetrable "wall" of buildings.  It will be limited to those lots big enough to maintain a view corridor without an undue hardship on development. Significant developments are those over 3,000 square feet or multi-family units of 3 or more.

•	to permit new construction heights of 35 feet or 2 1/2 stories whichever is less.

The 2- 1/2 story requirement is consistent with the remainder of the town and will promote sloped roofs and structures that visually match the region. The current Downtown Business District (the west side) permitted height is 36 feet (30 feet or 2 1/2 stories plus up to a 6 foot façade). Thus 35 feet is appropriate, particularly since several existing structures are higher than this. For consistency, the Planning Board will examine if it should recommend applying the same height requirement (35 feet or 2 1/2 stories) to the Downtown Business District.

•	to require impact fees on new common wall construction and significant non-residential development to meet the additional public needs for recreation, pedestrian access and open space.

The group wrestled with ways to promote waterfront access and improve public amenities in the district. We concluded that the best way was to require an impact fee that would allow the town to improve (and perhaps to acquire) public properties in the district. These actions will provide benefits to both the town and the developer.

•	and finally to maintain all other existing development standards in the district; side yard and front yard setbacks, impervious area lot coverage limitations, storm water runoff controls, etc.

We do not recommend relaxing any of the development standards that are currently in the land use codes. This is a significant point; the reality is that these standards provide numerous protections to landowners, neighbors and the town. In many cases these standards will be the limiting factor in new development.

C.	Appendices: Detailed wording of the proposed changes

Appendix 1: Zoning Amendments -
BBH Sections	170-21, 170-25 to 170-28, 170-69
Appendix 2: Shoreland Amendments -
BBH Sections	170-101.4, 170-101.8, 170-101.10, 170-101.11
Appendix 3: Article XII. Impact Fees
New BBH Sections	170-114 to 170-126