Gretchen's work on the Shoreland Zone map was truly impressive. The workshop included determining the "perennial" status of various streams and water areas. "Perennial" means the water is running most of the time - rather than running off and on, such as only after rain fall or snow melt (notwithstanding the period of time when it's frozen). If I'm wrong here I'm sure Gretchen will add a Comment which I always appreciate.) If the water body is determined to be perennial, the map will show a "buffer zone" which will mean no timber cutting (maybe no development either) in that area - a certain number of feet - 75-100-250 whatever, to preserve the water quality.
Bottom line: The map will show all water areas, bogs, ponds, streams and rivers and the associated buffers. This includes residential and limited-residential zoning that is or will be associated with those water areas (shoreland zones). There will be a Public Hearing when the final map is finished and all residents owning any property on or near shoreland areas should definitely attend to ensure the map correctly reflects their knowledge AND acknowledges what they believe to be their property rights (grandfathered or otherwise). Remember, this map will be sent on to Augusta and become the Bible of Shoreland Zone law for Eddington properties. And it is being developed by human beings using high technology, to be sure, but also personal opinion. Make sure your opinion is registered, too.
My one concern here is that it will be totally beholden on any land buyer to know all these zones and buffers and Maine laws (on their own and only in Maine) before buying a lot. Even with the discussed vellum lot boundry (or such best guess) overlay that can be laid over the Shoreland Zone Map which will be hung in the Town Office may not be all that accurate. What about someone from out of the area buying a lot from someone here (and the buyer doesn't know all this stuff) with the expectation of being able to live like a normal human being - or build a normal home. WHO is responsible to providing all these limitations to the buyer? The seller from here who never bothers to attend any of these meetings to even learn this stuff? Talk about "Let the buyer beware!"
Seems there are parties who just want this area/state to revert to total wilderness. No wonder this state's in such a financial mess with the left hand not thinking about what the right hand is doing. (But I've an idea what the right hand is doing, folks.)
The meeting lasted nearly two hours, not all of which was devoted to the map. Some Sign Ordinance issues came up. I expect we'll hear more about that at next week's Selectmen's meeting on Tuesday night at 6pm.
Tomorrow's blogs will be devoted to Wednesday night's Public Hearing on the Proposed School Budget for SAD63 where there were all of SIX people from Eddington in attendance (plus our three School Board reps). Considering that Eddington will take the biggest tax hit this year - a full 1 mill increase which translates to an additional $100.00 per $1,000. of property valuation if I understood the Town Manager correctly - you might want to listen up to the information and think about how much you want to support this up and up budget.
There will be a second blog re: the recent Federal District Court decision that was issued 5/12 following the hearing a week ago. Win a bit and wait. The saga continues.
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First - thanks :)
ReplyDeleteNext -
If the waterbody is a perennial headwater stream, the buffer will be 75ft. 75ft is a required setback per Natural Resources Protection Act even though it is not required under Shoreland Zoning. Based on the old map and the fact about NRPA, the Planning Board thought it best to zone these perennial streams with a 75ft Stream Protection buffer.
If the waterbody is a stream that is the confluence of two or more perennial streams, then per Shoreland Zoning rules, it will be buffered with 75ft of Stream Protection.
If the waterbody is classified as a non-forested wetland, which includes open water, marsh, and scrub-shrub type of environments, and it is over 10 acres in size, it will have a 250ft buffer around it in one of two zones. First, if it is also deemed moderate or high value bird habitat as set by the Maine Department of Inland Fisheries and Wildlife, then the area is zoned as Resource Protection (RP). Second, if it is not bird habitat, then it is zoned as Limited Residential (LR). One exception: if within the RP zone there are already structures (which I can tell from aerial imagery), then we created a clean rule to use a 300ft buffer off of the road centerlines to split the RP buffer to remove those structures from the RP buffer and change that section of buffer to LR. What this does is takes that structure out of the RP zone and puts it into the LR zone, thereby removing it from a non-conforming use in the RP zone and by putting it in the LR zone where it is a conforming use.
There are some other caveats regarding flood zones, forested wetlands, and significant slopes that have also been worked into the map.
What can be done within the buffer zone (Stream Protection, Resource Protection, Limited Residential) depends on the zone. You are allowed to maintain your property as it is. There are restrictions about further clearing of vegetation or timber harvesting in the two protection zones, and you generally are not allowed to build anything in those two zones without special exception if granted by the Planning Board. Limited Residential zone is more relaxed.
Remember, Shoreland Zoning has been around since 1972 and is something the state has mandated that towns administer.
~G
One can only hope that with all these regulations one's property values will not decrease unless the taxation that is applied (by the town/state/etc.) is reduced proportionately. It just seems one should have the right to do with one's property as one intended (within certain limitations), i.e. actions that would pollute said waters - not that the various and numerous government bodies have shown the slightest interest in dealing with the owner of the former junkyard - now abandoned - that sits on the watershed area between the Weathervane Company and New Hope Hospice that sends tons of water - with the help of DOT - under Route 9 - down past the Grass property down through Squirrel Lane properties and into Davis Pond. No One (not Eddington Selectmen, not the Eddington Code Enforcement Officer, not DEP, and certainly not that out-of-state land owner) wants to address the possible ground water issues caused by what that property owner has buried on that lot or left on it that is draining into the ground water and is subsequently draining into Davis Pond (and possibly into the wells used by the property owners living on Squirrel lane. The buffer can't be applied to the Squirrel Lane properties when no one is willing to deal with that water runoff.
ReplyDeleteSo when we who have shoreline/shoreland property decide enough is enough (after paying higher tax rates than anyone else - other than Chemo Pond shoreline/shoreland property owners) and decide to sell and leave the state, it will be nice if all these regulations at least let us get back all the money we spent buying and improving what we purchased in the first place.
But I do appreciate the work you have done and the active involvement you have taken in being a resident. It's more than 95% of the rest of the voters and residents have as evidenced by attendance at various important meetings and votes here.