The Select Board term nears close, it has been a year focused on policy development. A committee appointment process and a code of conduct policy were passed earlier this year. The LUO amendment is the third major policy issue introduced by the current Select Board this term.
A proposal to amend the North Yarmouth Land Use Ordinance (LUO) process returns to the Select Board agenda under new business. On Tuesday, June 6, the Select Board will consider an amendment to LUO section 1.7.
The document outlines a detailed process to amend the town’s zoning map or LUO, representing a substantial revision to current practices.
Key changes proposed include: providing an explicit procedure for amendments from an individual or corporation, requiring an application for requested amendments to be submitted to the Code Enforcement Office, requiring fees and a deposit in some circumstances, restricting Planning Board to initiating only non-policy LUO amendments, and giving Select Board authority to refer LUO amendments to the Planning Board for review.
Chairperson Brian Sites drafted the original document, basing it heavily on Brunswick LUO stipulations. Presented to the Select Board on March 7 as a critical need for North Yarmouth, it was tabled on April 4, due to questions raised by legal review.
Whether the proposal should be incorporated into the LUO or exist as a standalone policy would require further consideration. The document has not been on subsequent Select Board or Planning Board agendas and has not been discussed at any public meeting since April 4.
Multiple requests from NYFV to the Select Board for clarification about work on the document have not been answered.
Questions about who has been involved in the process have not been confirmed. In March, Sites listed Maine Municipal Association (MMA), Greater Portland Council of Governments (GPCOG), and the town attorney among the officials he consulted to develop the original proposal. Details of the initial work have not been disclosed. Whether North Star Planning, town legal, or other Select Board members contributed to the final product has also not been answered.
The return of the document to a Select Board agenda is not unexpected. In a May 9 Facebook post, Selectperson Kate Perrin referred to drafting an LUO update when she listed the accomplishments of this Select Board. Perrin stated an “update” was moving forward soon, telling residents to “stay tuned for this one, it will likely be put forth in the next few months.”
Subsequent questions asking to confirm who on the Select Board collaborated in the revision process were not answered. NYFV also requested a copy of the legal review and any recommendations from North Star Planning. Details of Select Board work to revise the document have not been made public.
Planning Board was not aware an earlier proposal by the Select Board to enact a policy to govern LUO amendment process was scuttled to pursue a formal LUO amendment. Both Secretary Jeff Brown and Chair Paul Whitmarsh stated they have not been involved in any work to amendmend Section 1.7.
Whitmarsh added any work the Planning Board does related to amending the LUO would be done during a public workshop. "The change to the LUO the Select Board is pursuing seems to be related to a memo from Northstar Planning dated February 21, 2023 with the results of the LUO Audit. The first bulleted point in Section 4: Suggested Policy review Topics says 'Discuss process to amend LUO; clarify roles of Planning Board, Select Board, etc. in amendment process.' To date, no such discussion with the Planning Board has occurred. Nor has the Planning Board been asked by the Select Board to begin any action on any of the topics listed in that section."
In a May 16 email responding to a request to the Select Board for comment on the LUO amendment proposal, Sites stated he would not respond to any questions from NYFV, saying:
“Having had the honor of serving this community and this Board as Chair the last two years, I have come to realize that being part of this legislative body carries with it the weight of legitimacy. This legitimacy is borne from the fact that we have each been elected by popular vote; have taken an oath of office to uphold the Constitution and the laws of the state; and by charter, policy, and bylaw have committed to certain principles of ethical conduct. We do so publicly and expose ourselves to all the scrutiny that comes along with carrying out our duties while adhering to those principles.” Sites continued, “When we provide comments or content to a publication, we are lending our legitimacy to that entity. We are saying that we recognize that the entity we are engaging with adheres to similar principles in their field.”
Selectperson and Planning Board Liaison Paul Hodgetts said he did not know the revised document was on the agenda until he received meeting materials on June 1. "I haven't seen anything since that April 4 meeting." Hodgetts said he was not been involved in drafting the previous policy or this amendment.
The proposed LUO amendment procedure would be the third substantial policy completed by the Select Board for FY23, following enacting a committee appointment process and a code of conduct.
The Planning Board is the generally accepted authority to amend the LUO, and town policy seems to support this view.
Until recently, amending the LUO was specifically listed as a Planning Board charge, stated in September 2018 as, “In addition to fulfilling the laws of the State and all Town Ordinances, the Planning Board will provide recommendatins(sic) for amendments to the Land Use Zoning Ordinance.” Charges prior to 2016 included, “Maintain the Comprehensive Plan in a current state.”
Currently under Planning Board mission, the town website states, “In addition to application review, the Planning Board periodically reviews the Land Use Ordinance and recommends changes to support the Comprehensive Plan and foster sustainable development. The goal is to keep North Yarmouth a safe, peaceful, healthful, attractive and economically successful community.”
The Select Board is the executive body for North Yarmouth. Any proposed change to the LUO must have a public hearing before the Planning Board and would need to be approved by the town’s legislative body, Town Meeting.
The FY24 budget includes $25,000 to continue the professional support contract with North Star Planning. The Select Board did not confirm if they intend to expand the scope of North Star Planning’s contract. Earlier this year, North Star Planning completed an audit of North Yarmouth’s LUO. A proposal to re-code the LUO would take up to 12 months to complete for an estimated $20,000.
The June 6 Select Board meeting is scheduled to begin at 6 pm.
Comments