Executive Summary
Background
- The Town received a grant early in 2012 from the State Planning Office to review the Shoreland Zoning town-wide.
- The Board of Selectmen created a ShorelandZoning Taskforcein the spring of 2012 for the review. The taskforceconsists of business owners, fishermen, residents within the shoreland zone, several other residents in town and representatives of the Towns land use committees.
Taskforce
The mission of the Taskforcewas to review whether the current shorelandzoning reflects State law, particularly with respect to the Resource Protection designations, and whether it contains enough designated area to protect and maintain a viable fishing industry. In addition, the Taskforce reviewed areas that may not be appropriately zoned for the land uses which are predominantly occurring or proposed to be in them. Areas of concern include the southern side of Mitchell Field, Cundys Harbor business area, Lands End, and the western side of Mackerel Cove.
How did the taskforce gather public input?
- Public feedback/workshops The taskforce held three public workshops during the summer of 2012 in four different areas of town and several public hearings in November and December, 2012.
The ordinance amendments that are being put forth
- Emphasize the towns commitment to protecting local fishing rights within the shoreland zone
- Promote improved access to the water forrecreation and fishing
- Protect water and marine resources by increasing the restricted area for the elimination of chemical fertilizer and manure application.
- Reduce sideline setbacks on existing ROWs to facilitate functional use of community docks
- Make changes in language to avoid confusion and to be in alignment with state definitions
Ordinance Amendments
Shoreland Zoning Ordinance
- Amends the purpose statement to include/highlight the preservation and protection of the maritime industry and uses including commercial fishing. – Section 1
- Replaces the term maximum high water line with highest annual tide – first in Section 3, then throughout.
- Replaces water body with great pond, stream, coastal wetland, and freshwater wetland – first in Section 3, then throughout.
- Specifies Principal Use – Section 13.1.1
- Adds Community Shoreland Access Special Exception for improved access to the shore added Section 13.1.2
- Adds statement in Shoreland Residential District description regarding home occupations and commercial fishing. Section 13.2
- Allows review of 6 ft commercial piers, docks, etc to be reviewed by CEO – Land Use Table, Uses 18.1 and 18.2
- Adds Fertilizer to the Land Use Table Use 42
- Reduces setbacks for community piers, docks, and wharves and establishes setbacks for no shared access parcels Section 15.2.1.2
- Removes setbacks for seawalls and or retaining walls Section 15.2.1.4
- Clarifies boundaries of Mitchell Field Business District Section 15.2.1.6
- Increases the setback for fertilizer use Section 15.21.1
- Changes the setback for community docks Section 15.23.2
- Change in acreage from 2 acres to 1 acre requirement for Shoreland Business
Definitions Addendum
- Amends definition of Community Dock
- Adds definition of Community Shoreland Access
- Adds definition of Highest Annual Tide (HAT)
- Amends definition of Salt Meadow, Shoreland Zone, Tidal Waters, and Wetland
Shoreland Zoning Map
- Commercial Fishing display the different zones, CF 1 and CF 2 to be consistent with description in text
- Cedar Ledge Residential to Resource Protection
- CrowIsland Add Resource Protection, currently not zoned
- Cundys Harbor Commercial Fishing to Business
- Lands End Residential to Business
- LittleMarkIsland no zoning to Resource Protection
- Lookout Point Residential to Resource Protection
- Stovers Point shift shorelandzone to match property lines and shorelanddefinition and change Town Landing at end of StoversCove Rd.from SR to CF1
- Ash Point/Basin Cove Residential to Commercial Fishing at entrance to cove
- Seymour Rd Residential to Commercial Fishing
Summary of Proposed Acreage Amounts in each Zoning District
|
Zone |
2011 Acres |
% Total |
2012 Acres |
% Total |
Area Change (acres) |
% Change |
|
|
|
|
|
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|
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|
|
| Commercial Fisheries Marine Activities (includes both 1 and 2 for 2012 Update) |
1167.52 |
20.20% |
1185.32 |
20.48% |
17.80 |
0.29% |
| Eagle Island Historic |
12.53 |
0.22% |
12.53 |
0.22% |
0.00 |
0.00% |
| Mitchell Field Marine Business |
10.92 |
0.19% |
10.92 |
0.19% |
0.00 |
0.00% |
| Resource Protection |
1113.71 |
19.27% |
1131.54 |
19.55% |
17.82 |
0.29% |
| Shoreland Business |
47.94 |
0.83% |
50.41 |
0.87% |
2.48 |
0.04% |
| Shoreland Residential |
3340.14 |
57.78% |
3308.41 |
57.17% |
-31.73 |
-0.61% |
| Tower District |
87.93 |
1.52% |
87.93 |
1.52% |
0.00 |
0.00% |
| Totals |
5780.70 |
100.00% |
5787.07 |
100.00% |
6.37 |
0.00% |
| Additional acreage in 2012 zoning is due to the addition of Crow Island, Cedar Ledge, and Little Mark Island. | ||||||
