Planning Board considers revisions to setbacks and application submission procedures.
The Planning Board initiated review of setback requirements outlined in the Land Use Ordinances (LUO). Opinions about the appropriateness of current setback maximums for Village Center District have been mixed. Recent changes to ordinances and zoning were in response to the Comprehensive Plan (Plan). Approved by residents in 2018, with the stated vision of preserving North Yarmouth’s unique character as a rural town, the document is the guide for all municipal policies and decisions.
Residents have questioned whether LUO changes and current economic development strategies are working to achieve the purported vision of the Plan, preserving rural character of North Yarmouth. Concerns raised at recent municipal meetings express frustration with the accelerated pace of development in Village Center.
Advocates insist the Plan prepares North Yarmouth for opportunities and is a guidepost to achieving a “vibrant” community in 50 years. Yet, the Plan notes a 5 to 10-year timeline for completion of goals and objectives.
Following the Plan
Since the 2018 Town Meeting, the Board has focused on revising LUO to support recommendations of the Plan. These changes have facilitated the recent pace of building in Village Center.
According to members, there is nothing the Planning Board can do to stop the accelerated pace of development. The Plan endorses unrestricted growth in village districts by supporting building caps only for Farm and Forest. Amended LUO provisions to allow reduced lot size down to ¼ acre, increased the number of lots developed in the Village Center.
Yet, the Plan “is not an ordinance or regulatory order. It provides guidance and recommendations for changes in Town strategies and territories for future growth and sustainability.” The Plan also acknowledges it must be reviewed regularly to be responsive to changes in priorities and needs.
The Plan identified “the most notable zoning policy adjustments would need to occur for the Village Center and Village Residential District to better achieve the visions for each of those districts.”
Proponents of the Plan insist it provides strategies to safeguard North Yarmouth’s economic viability, notably by focusing expansion in specific areas. Arguments supporting concentrating development within the Village Center maintain this practice will also preserve the rural character of North Yarmouth.
The LUO ensures density in the Village Center to prevent sprawl, says Ryan Keith (Code Enforcement Officer). Keith explained the philosophy, siting Range Way as a well-designed and organized development that utilized the LUO effectively. Diverting such developments from the other districts and concentrating density in one area of town is intended to preserve the rural nature of Farm and Forest.
Currently, there is no provision for variance in the LUO for setbacks in the Village Center. Amending could give the Planning Board authority to address unexpected situations, such as the impractical driveway slope for a lot in a recent development. The developer “made it work” said Keith. However, the solution creates a less than ideal water runoff scenario. But allowing for exceptions could provide “loopholes” for developers, cautioned Kimry Corrette.
Future Considerations
Lones questioned whether an amendment even needs to be considered. Since the Plan’s approval, most of the larger parcels of land within the Village Center have been developed or approved for subdivisions.
Whether the Village Center setbacks are amended could have significance at a future date. Additional development is occurring in Village Residential. The Plan links Village Center and Village Residential for many of its strategies and recommends “clustering development to the village district,” meaning areas other than Farm and Forest and Shoreline. The current area that qualifies as village district covers a large radius extending from the accepted center of North Yarmouth.
As noted by Corrette, there are still undeveloped properties on the tax map. Sandra Falsey questioned a parcel near the junction of Routes 9 and 115 advertised as a subdivision. Keith clarified; a realtor used current LUO to develop a conceptual plan to maximize market opportunity. To date, no application has been submitted.
Preserving the Rural Character
The current zoning map extends Village Center into areas that were historically Farm and Forest resulting in denser development creep into rural areas.
The York Ridge subdivision is 1.5 miles from North Yarmouth Variety, the nucleus of Village Center. The subdivision directly borders Farm and Forest, and all 13 lots are under 1 acre, with 5 being 1/2 acre or less. Abutting the current development is the outer boundary of Village Center. The property is on Route 115, a major commuter route with a posted speed limit of 45 mph. There are no sidewalks serving this area, nor is it conceivable in the near term it would be connected to the limited sidewalk system in the crossroads of Village Center.
The transformation of Village Center is by design. Reducing minimum lot size, establishing the TIF District and enacting maximum setbacks for the Village Center originated from the Comprehensive Plan, with intent to encourage residential development in areas defined as village districts.
A specific goal of the Plan clarifies the concept of rural in context of the entire town. “North Yarmouth’s focus on development in the Village Center, will allow it to maintain open space and its rural character in the Farm and Forest District.” Other sections of the plan support the development strategy North Yarmouth has “rural areas” rather than being a rural community.
Chris Cabot (Secretary) restated the purpose of uncontrolled growth in village districts is designed to keep it out of “rural areas” of town.
Keith shared an analogy implying North Yarmouth could be “built out” in 450 years without LUO requiring uniformity of lots and development efficiencies. Traditional, private owners build their house to maximize their enjoyment, rather than to facilitate property subdivision at some future date. Imposing lot uniformity standards and reducing lot size to ½ acre will extend the “build out” timeline of North Yarmouth to 1174 years.
Setback maximums are intended to provide the town with ability to further expand within the Village Center at a future point. The LUO stipulate new construction must be sited on a property in a way that would enable efficient land use for future development and promotes “organization” according to Keith. Traditional standards utilizing setback minimums cause “wasted land.”
Maintaining uniformity of lots prevents jigsaw tax maps or developers from “shoehorning” properties to exploit LUO for financial gain. Keith also highlighted infrastructure considerations for future development related to restricting current property owner’s flexibility.
The result is smaller lots with buildings closer to streets. Paired with this strategy is the goal of creating an enhanced walkable, village feel, not unlike a city block.
Infrastructure
Keith said the LUO maximum setbacks in Village Center address limitations for connecting properties to town water as well as waste water needs, ensuring expanded development possibilities in the future.
With the level of development occurring in Village Center, consideration for water and sewer are significant. Much of the Village Center is within the Group Water Protection Overlay (GWPO). In addition to limits to property owner rights to develop their lot are heightened restrictions associated with smaller lots, to protect the watershed. Lots within the primary area of Village Center can access town water. Yet, smaller lots and lack of town sewer result in need for sophisticated septic systems.
Lones noted LUO review is an ongoing conversation and proposed the Board wait for the November workshop with Bernstein & Shur to initiate developing language or revisions. Lones noted the importance of including in the process, the Town Manager and Planner once hired.
The full meeting can be viewed HERE, and includes discussion of needed revisions to the application submission procedures and “Open Space” provisions in LUO.
A regular business meeting is set for November 9 and will include a public hearing regarding a remote meeting policy. The next workshop is scheduled for November 18.