Greenville Planning Board working on LD 2003

GREENVILLE — For months the Greenville Planning Board worked on a pair of ordinances for the June 3 annual town meeting, one for fences and another pertaining to updating the land use ordinance via minimum lot sizes to be in compliance with state regulations on housing density. Both warrant articles passed as written but the town still needs to formally vote on state law LD 2003 beyond what has already been approved.

During the June 5 board meeting Chair John Contreni mentioned a May 21 information session allowed for residents to learn more about the questions prior to June 3. Attending via Zoom was Ben Averill, housing opportunity coordinator of the Maine Department of Economic and Community Development.

“The reason I wanted to put this on the agenda is what we learned that night from Ben is that we do indeed have to have a town vote,” Contreni said about LD 2003  — “An Act To Implement the Recommendations of the Commission To Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions”. “We thought we didn’t because it’s mandated by the state legislature that they have these changes to increase housing density in the towns but Ben said that no we do need to have a town vote.”

“Obviously we didn’t have our work done enough to put it on the agenda for last Monday night but we do have to sort of focus on this LD 2003 and the density issue to get it before the public before July 1,” Contreni said. “Ben did say if we don’t get it done before July 1 they are not going to send us a nasty letter.”

A special town meeting will be needed on LD 2003 and also to vote on an accessory dwelling unit ordinance that has been drafted by Code Enforcement Officer Ron Sarol for planning board review.

In April 2002, the Maine Legislature enacted and Gov. Janet Mills signed into law Public Law 2021, ch. 672. Legislative Document 2003, as it is commonly known, is intended to address the shortage of housing in Maine by removing regulatory barriers to creating additional housing.

The main provisions of LD 2003 address three specific housing issues. First, the legislation allows for additional density for affordable housing developments. Second, it allows for between two and four dwelling units per lot where residential uses are permitted. And third, it allows accessory dwelling units on the same lot as a single family home.

Decreasing the minimum lot size to from 10,000 to 7,500 square feet in the residential, downtown 1 and 2, village, and village commercial districts enables Greenville to increase the density of homes on properties which will help with the density compliance requirements of LD 2003.

Per guidance on the act from the Maine Department of Economic and Community Development, the law is designed to remove unnecessary regulatory barriers to housing production in Maine, while preserving local ability to create land use plans and protect sensitive environmental resources. Greenville has until July 1 to implement LD 2003.

The act guidance has sections relevant to municipalities, identifying amended sections of state law. Amendments include allowing for additional density for affordable housing developments in certain areas; generally requiring that municipalities allow between two and four housing units per lot where housing is permitted; requiring that municipalities allow accessory dwelling units to be located on the same lot as a single-family home under certain conditions; and requiring that the state establish statewide and regional housing production goals and set forth ways in which local governments can coordinate with that goal.

“As you probably already know, our fence ordinance was endorsed by voters at Monday night’s meeting,” Contreni said. He said the only question inquired about why the measure was being proposed and he then gave an explanation (no questions were posed on the minimum lot size).

The document states the purpose of the ordinance is to provide regulations for fence installation and maintenance while allowing property owners the ability to install fences for aesthetic, screening, separating, or security purposes. The proposed ordinance is intended to advance public safety, maintain and protect property values, enhance the town’s appearance, and visually unify Greenville and its neighborhoods. The language says that fences are all held to a general standard, regardless of which zone district the barrier is in.

General regulations include permits written by the code enforcement officer are required for fence additions or alterations, property owners are responsible for knowing the exact property lines as determined by survey, fences cannot be in the right of way or on another’s property, the dividers cannot adversely affect traffic visibility on a street corner or a neighbor’s view while exiting a driveway. 

The ordinance says fences cannot be more than 8 feet high without special permission, they need to meet setback and right of way regulations, and cannot interfere with fire hydrants. Fences not currently in compliance cannot be moved or replaced without going through the permitting process.

A permit fee still needs to be set, and a $25 amount was mentioned.