SACO — A bill sponsored by Maine Speaker of the House Ryan Fecteau, D-Biddeford, designed to help ease the state’s affordable housing crunch earned support from several individuals and organizations at a lengthy public hearing before the Legislature’s Labor and Housing Committee on Monday, March 7, but it also drew opposition.

The bill, L.D. 2003, had not been scheduled for a work session as of noon Tuesday.

Among the provisions, the bill would allow accessory dwelling units “in any zone in which housing is already permitted,” along with up to four housing units on a single-family dwelling lot, provided, according to Fecteau, the proposal complies with existing ordinances. During a break in the hearing, Fecteau said adding three additional units on a single-family lot in his Biddeford neighborhood would “very unlikely” be allowed.

Additionally, the bill would prohibit municipalities from implementing growth caps for any residential dwellings.

“It would require Maine towns and cities to allow affordable housing to be built at certain densities and ensure that affordable housing developments remain affordable for at least 30 years to ensure stability for families of all ages,” Fecteau said.

Among other provisions, the bill would also create a statewide incentive program in which any municipality may participate for up to three years and receive grants of up to $25,000 annually for reviewing how its zoning and land use ordinances may impact housing availability.

The bill would forge a state and local partnership to address the housing crisis, Fecteau said.

After touring an accessory dwelling unit in Wells a week ago, built to allow a great-grandmother to live out her elder years with family, Fecteau, accompanied by Avesta Housing President Dana Totman and Rep. Lynn Copeland, D-Saco, walked through a Saco neighborhood where Park Village and Golden Village provide about 20 affordable apartments for people 62 and older or who have disabilities. The buildings are one-story duplexes in a quiet, leafy neighborhood where there are single-family dwellings and a condominium complex nearby.

“We need to build 1,000 units of affordable housing each year,” to keep up with demand, said Fecteau. Until recently, only about 250 units have been built annually in the state. He noted one in five Mainers spend 50 percent of their income on housing.

AARP Maine was among those testifying in favor of the bill.

“According to Statista/AARP analysis of data available by United States Census Bureau, 151 adults aged 545 and older faced evictions and 491 adults 55 and older experienced homelessness in 2021 in the state of Maine,” testified Bridget Quinn of AARP. “Unfortunately, in 2022, over 600 adults aged 55 and older are expected to be evicted and over 600 adults 55 and older are expected to experience homelessness in the state of Maine. LD 2003 would help in easing the housing supply and assist in lowering the eviction and homelessness rate by providing affordable housing to the residents of Maine.”

Alan Inzerillo of Arundel is a lobsterman who plans to build a garage and workshop.

“The costs of building are so high the only way it is affordable is to build an accessory dwelling unit above the garage,” he testified. “The income from renting would greatly offset the construction costs, provide a great affordable rental space and in the future help in taking care of my aging mom. The current codes and laws in my town make it very difficult and impractical to build a realistic ADU.”

Fecteau noted the bill has received support from the Maine State Chamber of Commerce, Maine People’s Alliance, Maine Conservation Voters, Maine Real Estate & Development Association, the Natural Resources Council of Maine, and Associated General Contractors Maine.

There were detractors.

Sanford resident Jennifer Bedford opposed the bill, citing Maine’s home rule provisions, in part.

“First of all, this bill violates ‘home rule’ and municipalities’ rights,” she said in her testimony. “This bill only expands housing for very low-income Mainers while leaving the first-time owner out of the picture. This bill will increase housing stratification. Additionally, this bill does not address our workforce housing problem as it strictly limits income of both potential renters and home buyers.”

Edward Ashley of Yarmouth took issue with several portions of the proposed bill, and particularly with a section that designates a Housing Development Permit Review Board with the authority to review municipal housing development permit decisions.

“This is too much of an intrusion on home rule,” said Ashley.” Our Planning Boards are charged with applying and enforcing the provisions of our ordinances, based upon findings of fact. If an applicant is aggrieved by a decision of the Planning Board, there is recourse, to a board of appeals and/or the Superior Court.”

During a break in the hearing, Fecteau said he understands and respects home rule.

“This does the best it can to balance the will of local boards and local governance while also making it clear the urgency of the issue requires all of us at the table,” he said. Noting that Maine Municipal Association has said that municipalities cannot be fully responsible, Fecteau said, “neither can the state.” He added he believes the bill “is the truest form of local control” because it gives control to people who own the land.

While neither the cities of Biddeford nor Saco testified at the hearing, Biddeford Mayor Alan Casavant and Saco City Administrator Bryan Kaenrath weighed in a week ago when asked their thoughts.

“I am always wary of undermining home rule, and, in some ways, this bill seems like an overreach,” said Casavant. “Affordable housing is a complex issue, and there is no simple remedy. It is also a regional and national issue, which compounds the problem. I do not think that zoning, for example, is a major cause of the problem, but it ‘can’ be a problem in a discriminatory way, ‘if’ a community purposely constructs such rules to purposely keep certain people out. On the other hand, zoning has been used to guide planning and steer development into certain areas, as well as protect open space and rural farmland, which are always threatened by development. So, I also worry about future implications resulting from this bill.”

Saco has a number of citizens concerned about the density of neighborhoods and growth and development, Kaenrath said, citing the active Save Saco Neighborhoods group.

“As Saco has grown and more housing projects have looked to move into our downtown this has been a sometimes controversial issue,” Kaenrath. “Accessory dwelling units, density and our new zoning ordinance and map have all been significant topics of community conversation and I’m sure LD 2003 would add to the discussion. There is also some conversation to establish a growth ordinance or a moratorium by some on our City Council.”

Fecteau believes it is time to act.

“We can do that today by simply removing outdated zoning regulations that prevent housing from being built,” said Fecteau. “We owe this to older Mainers, young families who want to make a life here, and our workforce.”

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