BOARD ORDER
IN THE MATTER OF
MUNICIPALITY OF FARMINGDALE) MANDATORY SHORELAND ZONING
ACT
KENNEBEC COUNTY, MAINE)
38 M.R.S.A.
SECTION438-A(4)
STATE-IMPOSED AMENDMENT TO ZONING MAP
SHORELAND ZONING ORDINANCE
CHAPTER 1294
Pursuant to the provisions of
5 M.R.S.A.
Sections8051 -
8074, 38
M. R.S.A. Sections 435-44906 - 096 and CNM, Chapter 1000, State of
Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended
February 13, 2000, the Board of Environmental Protection has reviewed the
existing land use regulations relating to the shoreland zone in the
municipality of Farmingdale, including the State-imposed shoreland zoning
ordinance, and FINDS THE FOLLOWING FACTS:
1. On March 5, 1994 the Board of
Environmental Protection adopted the State of Maine Guidelines for
Municipal Shoreland Zoning Ordinances and a shoreland zoning map for
the town of Farmingdale. Such action was necessary after the Town failed to
adopt a suitable ordinance as required.
2. On September 13, 1995 the Board of
Environmental Protection amended the official shoreland zoning map by changing
Lot 53 on the town of Farmingdale Tax Map 26 from the Limited Residential
District to the Limited Commercial District.
3. On September 16, 2004 the Department
received a written petition from Dr. Richard Smart requesting that Lot 3 on
Farmingdale Tax Map 22 be zoned from Limited Residential to Limited Commercial.
The Department, upon receiving Dr. Smart's request, conducted a review of the
current districting along the Kennebec River from its northern boundary with
the city of Hallowell to its southern boundary with the City of Gardiner. As a
result of that review, the Department concluded that much of the shoreland zone
abutting Route 201 should be placed in the Limited Commercial District. This
conclusion is based on the presence of numerous commercial establishments in
the current Limited Residential District.
The Department also concluded that the site currently operated
by Ferraiolo Construction is currently inappropriately placed in the Limited
Residential District. This industrial site would more appropriately be placed
in the General Development District where industrial sites are a permitted
use.
Thirdly, the Department noted that the Stream Protection
District along the "stream" flowing under Route 201 at the northernmost section
of the town is in close proximity to commercial development along that busy
stretch of road. The sections of the stream located within 250 feet of Route
201 can appropriately be zoned as a Limited Commercial District.
4. The Department forwarded a
draft of recommended map amendments to the selectmen of Farmingdale for their
input. On September 29, 2004 the Board of Selectmen responded by stating that
the "Town Selectmen take no official position" on the Department's draft map
amendment.
5. The Department,
concluding that an amendment to the zoning map is appropriate, drafted formal
proposed zoning map amendments, as described in paragraph 3 above, and
forwarded a copy of the proposed changes to the Town.
6. The Board of Environmental Protection held
a written comment period in order to gather public input on the proposed map
amendments. Public comments were accepted until December 27, 2004 at 5:00 p.m.
The Department received no comments on the proposed amendments.
Based on the above FINDINGS OF FACT, the Board makes the
following CONCLUSIONS:
1. The proposed
zoning map amendments are consistent with the Department's
State of
Maine Guidelines for Municipal Shoreland Zoning Ordinances. The
proposed changes are consistent with the current pattern of development.
THEREFORE, THE BOARD HEREBY ORDERS that the official shoreland
zoning map adopted as part of the State-imposed Shoreland Zoning Ordinance for
the municipality of Farmingdale be amended by redistricting the shoreland zone
as follows:
A. All land area in the
shoreland zone along Route 201 from the Gardiner town line north to the point
where Route 201 exits the shoreland zone shall be placed into the Limited
Commercial district;
B. The portion
of the lots (Map 33, Lot 28 and 28-1) currently occupied by Ferraiolo
Construction that are located' in the shoreland zone shall be placed in the
General Development District; and
C. All land within 250 feet of Route 201 that
is also within 75 feet of the stream that flows under Route 201 at the northern
end of town, shall be placed in the Limited Commercial district.
DONE AND DATED AT AUGUSTA, MAINE, THIS 3rd DAY OF FEBRUARY,
2005.
BOARD OF ENVIRONMENTAL PROTECTION
BY: Richard Wardwell, Chairman
STATE OF MAINE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
17 STATE HOUSE STATION AUGUSTA, MAINE 04333
BOARD ORDER
IN THE MATTER OF
MUNICIPALITY OF FARMINGDALE) MANDATORY SHORELAND ZONING
ACT
KENNEBEC COUNTY, MAINE)
38 M.R.S.A.
SECTION438-A(4)
STATE-IMPOSED ADOPTION OF ZONING PROVISIONS
SHORELAND ZONING ORDINANCE
CHAPTER 1294
Pursuant to the provisions of
5 M.R.S.A. Section 8053,
38 M.R.S.A. Sections 435-44906 - 096 and CMR, Chapter 1000, State of
Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended
July 14, 1992, the Board of Environmental Protection has reviewed the existing
land use regulations relating to the shoreland zone in the municipality of
Farmingdale, and FINDS THE FOLLOWING FACTS:
1. The Mandatory Shoreland Zoning Act (Act)
requires all municipalities to establish zoning controls in areas within 250
feet of the normal high-water line of any great pond, river or saltwater body;
within 250 feet of the upland edge of a coastal or freshwater wetland; and
within 75 feet of the normal highwater line of a stream. Such zoning standards
must be consistent with or no less stringent than those in the State of
Maine Guidelines for Municipal Shoreland Zoning Ordinances
(Guidelines) as adopted by the Board of Environmental Protection
(Board).
2. The Guidelines were
revised by the Board, effective March 24, 1990, and again on July 14, 1992. The
revised Guidelines include more stringent land use standards than the Board's
earlier Guidelines. In addition, the revised Guidelines contain new zoning and
land use provisions for activities in shoreland areas adjacent to streams and
coastal and freshwater wetlands as required by the Act as amended in January of
1989. Following the Board's revisions to the Guidelines in 1990, the Maine
legislature, and the Board as authorized in 38 M.R.S.A. Section438-A(2),
established July 1, 1992 as the deadline for local ordinances to be amended
consistent with the Guidelines.
3.
38 M.R.S.A. Section438-A(4) requires the Board to adopt suitable zoning
ordinances for municipalities which fail to adopt shoreland zoning ordinances
consistent with or no less restrictive than the Guidelines.
4. The municipality of Farmingdale has failed
to adopt a shoreland zoning ordinance consistent with the Board's Guidelines
within the time-frame established by the Board. As of January 26, 1994 the
municipality of Farmingdale has not revised its shoreland zoning and land use
standards, consistent with the Board's Guidelines.
5. The Board can ensure that the municipality
of Farmingdale has adequate shoreland zoning and land use provisions for all
shoreland areas within the municipality by adopting the Board's Guidelines
ordinance and an appropriate zoning map based on the districting criteria
contained in the Guidelines, for the municipality.
6. On October 18, 1993 copies of the
Guidelines and draft zoning map were forwarded to the municipality of
Farmingdale for public comment. The Board also advertised in newspapers of
state-wide circulation, its intent to adopt the Guidelines and zoning map for
the Municipality. No comments were received on the proposed ordinance during
the comment period which ended on December 29, 1993.
BASED on the above FINDINGS OF FACT, the Board makes the
following CONCLUSIONS:
1. Whereas the
deadline has past for municipalities to amend local shoreland zoning ordinances
consistent with the Board's Guidelines, and whereas the municipality of
Farmingdale has failed to do so, the Board has a responsibility to adopt a
suitable ordinance for the Municipality.
2. The Board can adopt a suitable ordinance
for the Municipality by adopting the provisions contained in the
State
of Maine Guidelines for Municipal Shoreland Zoning Ordinances, as
amended July 14, 1992, with an appropriate zoning map based on the districting
criteria contained in the Guidelines.
THEREFORE, THE BOARD HEREBY ORDERS AND ADOPTS for the
municipality of Farmingdale, all of the provisions contained in the
State of Maine Guidelines for Municipal Shoreland Zoning
Ordinances, as amended July 14, 1992, for all areas within 250 feet,
horizontal distance, of the normal high-water line of any great pond, river or
saltwater body; within 250 feet, horizontal distance, of the upland edge of any
coastal or freshwater wetland; and within 75 feet, horizontal distance, of the
normal high-water line of all streams, as defined in 38 M.R.S.A. Section436.
The Board further Orders that the map entitled Town of Farmingdale
Shoreland Zoning Map, adopted by the Board of Environmental Protection
is hereby incorporated into the ordinance.
This ORDER shall remain in effect, and shall be binding upon
the municipality of Farmingdale until amended or repealed by the Board, or
until the municipality of Farmingdale adopts a shoreland zoning ordinance,
consistent with the Board's Guidelines, and is approved by the
Commissioner.
DONE AND DATED AT AUGUSTA, MAINE, THIS 26th DAY OF JANUARY,
1994
BOARD OF ENVIRONMENTAL PROTECTION
BY:______________________
Owen R. Stevens, Chairman
________________________
BASIS STATEMENT
The Mandatory Shoreland Zoning Act, Title 38 section 438-A,
requires all municipalities to adopt shoreland zoning provisions for shoreland
areas. Shoreland areas include areas within 250 feet of the normal high-water
line of tidal waters, great ponds, and rivers; within 250 feet of the upland
edge of freshwater and coastal wetlands; and within 75 feet of streams. Section
438-A also requires the Board of Environmental Protection to adopt minimum
guidelines for shoreland zoning ordinances. Municipal ordinances must be
consistent with or no less restrictive than the Board's guidelines.
In 1990 the Board of Environmental Protection amended its
shoreland zoning guidelines and later established July 1, 1992 as the deadline
for municipalities to update their local ordinances consistent with the
guidelines. The Mandatory Shoreland Zoning Act requires the Board to adopt
suitable ordinances for those municipalities which fail to adopt updated
ordinances. This rule adopts a suitable ordinance for this municipality
consistent with the Board's Guidelines, and repeals the state-imposed
ordinance, Chapter 70, adopted January 11, 1982 by the Board of Environmental
Protection and the Land Use Regulation Commission.
The Department received no comments on the proposed ordinance
during the public comment period which ended December 29, 1993.
STATE OF MAINE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
17 STATE HOUSE STATION AUGUSTA, MAINE 04333
BOARD ORDER
IN THE MATTER OF
MUNICIPALITY OF FARMINGDALE) MANDATORY SHORELAND ZONING
ACT
KENNEBEC COUNTY, MAINE)
38 M.R.S.A.
SECTION438-A(4)
STATE-IMPOSED AMENDMENT OF ZONING MAP
SHORELAND ZONING ORDINANCE
CHAPTER 1294
Pursuant to the provision of
5 M.R.S.A. Section 8053,
38 M.R.S.A. Section 435-44906 - 096 and CMR, Chapter 1000, State of
Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended
August 7, 1994, the Board of Environmental Protection has reviewed the existing
land use regulations relating to the shoreland zone in the municipality of
Farmingdale, including the State-imposed shoreland zoning ordinance, AND FINDS
THE FOLLOWING FACTS:
1. On March 5,
1994 the Board of Environmental Protection adopted the State of Maine
Guidelines for Municipal Shoreland Zoning Ordinances and a shoreland
zoning map for the town of Farmingdale. Such action was necessary after the
town failed to adopt a suitable ordinance as required.
2. On May 24, 1995 Don McFarland, who has a
"contract for sale of real estate" agreement to purchase land from Central
Maine Power Company, petitioned the Board of Environmental Protection to change
the zoning on that land from the Limited Residential District to the Limited
Commercial District. The land is located adjacent to route 201 in Farmingdale
and is in the shoreland zone of the Kennebec River.
3. There is existing commercial development
in the vicinity of the property which is shown as Map 26 Lot 53 on the
Farmingdale tax maps. The purpose of the rezoning request would be to allow
limited commercial development where only residential development is currently
permitted.
4. Department staff
viewed the property with Mr. McFarland and confirmed that the areas near the
subject property are commercially developed along with some residential
structures.
5. The Board of
Environmental Protection held a written comment period in order to gather
public input on the proposed change. Public comments were accepted until August
11, 1995 at 5:00 P.M. The Department received no written comments on the
proposed zone change.
BASED on the above FINDINGS OF FACT, the Board makes the
following CONCLUSIONS:
1. The proposed
zoning change is consistent with the Department's minimum Guidelines for
municipal shoreland zoning ordinances. The area has significant commercial
development and can be rezoned for commercial purposes.
THEREFORE, THE BOARD HEREBY ORDERS that the official zoning map
adopted as part of the State-imposed Shoreland Zoning Ordinance for the
municipality of Farmingdale, be amended by rezoning Lot 53 on the town of
Farmingdale tax map #26 from the Limited Residential District to the Limited
Commercial District.
DONE AND DATED AT AUGUSTA, MAINE, THIS 13 DAY OF SEPTEMBER,
1995.
BOARD OF ENVIRONMENTAL PROTECTION
BY:_____________________
Owen R. Stevens, Chairman
________________________
BASIS STATEMENT
This rule amends the state-imposed shoreland zoning map for the
Town of Farmingdale. The Mandatory Shoreland Zoning Act, Title 38 Section
438-A, requires the Board of Environmental Protection to adopt suitable
ordinances for municipalities which fail to adopt a shoreland zoning ordinance
consistent with the Board's Guidelines. The Board adopted an ordinance for
Farmingdale on March 5, 1994. Ordinance amendments can only be enacted by the
Board.
This amendment, adopted by the Board at the request of the
landowner, changes the zoning from the Limited Residential District to the
Limited Commercial District. The general pattern of development in the adjacent
area is a mix of commercial and residential structures. The rezoning is
consistent with the Board's guidelines for municipal shoreland zoning
ordinances.
No comments were received during the written comment period
which closed on August 11, 1995.
STATE OF MAINE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE HOUSE STATION 17 AUGUSTA, MAINE 04333
BOARD ORDER
IN THE MATTER OF
AMENDMENT TO STATE-IMPOSED MANDATORY SHORELAND ZONING
ACT
SHORELAND ZONING ORDINANCE
38 M.R.S.A.,
SECTION438-A
FILE #BEP-B-94
Pursuant to the provisions of the Mandatory Shoreland Zoning
Act,
38 M.R.S.A.,
Sections435 -
449, and 06
- 096 CMR, Chapter 1000, State of Maine Guidelines for Municipal
Shoreland Zoning Ordinances (Guidelines), effective August 7, 1994,
the Board of Environmental Protection (Board) has considered the shoreland
zoning ordinances for the municipalities listed in Appendix A (attached) and
FINDS THE FOLLOWING FACTS:
1. Since
1974, the Mandatory Shoreland Zoning Act (MSZA) has required all municipalities
to establish zoning and land use controls in areas located within 250 feet of
the normal high water line of any great pond, river or saltwater body. In 1989,
that requirement was expanded to also include areas within 250 feet of the
upland edge of freshwater and coastal wetlands, and within 75 feet of the
normal high water line of streams.
2. The Board establishes minimum guidelines
for the local land use control ordinances. The MSZA authorizes the Board to
establish a deadline for municipalities to adopt local ordinances consistent
with the Guidelines and the purposes of the MSZA. The MSZA also authorizes the
Board to adopt shoreland zoning ordinances for those municipalities which fail
to adopt a suitable local ordinance.
3. On March 24, 1990, the Board of
Environmental Protection amended the Guidelines. The Board also established
July 1, 1992 as the deadline for amending local ordinances consistent with the
Guidelines. The municipalities listed in Appendix A did not meet the July 1
deadline, resulting in the Board adopting the State of Maine Guidelines
for Municipal Shoreland Zoning Ordinances, including amendments which
became effective on July 14, 1992, for those municipalities. Those
state-imposed ordinances can only be amended by the Board.
4. Additional amendments were made to the
Guidelines effective August 7, 1994. It is the responsibility of the Board to
amend the state-imposed ordinances for the municipalities listed in Appendix A,
in order to make those ordinances consistent with the current
Guidelines.
5. The August 7, 1994
amendments as listed in Appendix B, and made part of this Order, include
provisions which allow :
A. The issuance of a
special exception permit by the planning board, for a single family residence
in a resource protection district under certain limited conditions.
B. Conversion of seasonal residences in a
Resource Protection District.
C.Subsurface sewage disposal systems in a
Resource Protection District for uses allowed in that district.
D. Existing road culverts to be replaced
without the need for a permit, regardless of the diameter of the replacement
culvert; and
E. The applicability
of the shoreland zoning ordinance to structures built in, on, or over a water
body or wetland but not attached to the shoreline.
6. Amendments referred to in paragraphs A. ,
B. , C. , D. above, result in a relaxation of the Guideline standards.
Paragraph E. requires additional permitting activities, whereas that paragraph
establishes a greater area of jurisdiction.
7. No written comments were received during a
written comment period which ended on December 1, 1994.
BASED on the above Findings of Fact, the Board makes the
following CONCLUSIONS:
1.
The municipalities listed in Appendix A (attached) are subject to a
state-imposed shoreland zoning ordinance consisting of the
State of
Maine Guidelines for Municipal Shoreland Zoning Ordinances, effective
July 14, 1992. It is the Board's responsibility to amend the existing
state-imposed ordinances, consistent with the August 7, 1994 amended
Guidelines. However, the Guideline amendment which broadens the scope of the
shoreland zone to include structures located beyond the normal highwater line,
is not a mandatory requirement and should not be imposed
upon the municipalities listed in Appendix A.
THEREFORE, the Board hereby AMENDS the State-imposed Shoreland
Zoning Ordinances for the municipalities listed in Appendix A (attached), by
adopting as the text of the ordinance, the State of Maine Guidelines
for Municipal Shoreland Zoning Ordinances, effective August 7, 1994,
except that the ordinance shall not apply to those structures located beyond
(waterward) the normal high water line or upland edge of a wetland.
DONE AND DATED AT AUGUSTA, MAINE, THIS 14 DAY OF December,
1994.
BOARD OF ENVIRONMENTAL PROTECTION
BY:________________________
Owen R. Stevens, Chairman
