KENNEBUNKPORT – Voters here in June could be deciding on changes to land use ordinances as it pertains to accessory dwelling units, private road construction, and flood plain ordinance proposals.
Voters may also be asked to change the date of the town meeting, and to alter the makeup of the Cape Porpoise Pier Committee.
Kennebunkport voters in June could be deciding on changes to land use ordinances as it pertains to accessory dwelling units, private road construction, and flood plain ordinance proposals. Dan King photo
Selectmen heard a brief overview of the proposed changes Feb. 9, with further discussion expected at the next meeting, set for Feb. 23. At some point, the board will take a vote on whether to send the proposals to the voters.
The town meeting is set for the Saturday immediately following elections on the second Tuesday in June each year. A resident suggested moving the meeting to the Wednesday evening immediately following the second Tuesday, Town Clerk Tracey O’Roak told members of the select board.
“I’m not sure if this will change the attendance,” said selectmen’s board chair Ed Hutchins. He did note that if voters approve the change this year, the new town meeting date would go into effect in 2024.
“I’m not a fan, but it will be up to the voters,” said Selectman Sheila Matthews-Bull.
The proposed change to the make-up of the Cape Porpoise Pier Committee was brought forward by the committee. Currently, the ordinance specifies that 75 percent of the pier committee membership be registered Kennebunkport voters. The proposed change would have 75 percent of the composition of the committee be commercial fishermen.
The committee’s duty is to advise the board of selectmen on all matters addressed in the Cape Porpoise Pier Ordinance.
“The reasons … is because of the unaffordability of entry level housing in Kennebunkport, we were going to run out of fishermen in town,” said Hutchins. He said the proposed change would allow fishermen, the primary users of the pier, to continue to be able to make decisions regarding it. “They are the ones who use it and best understand how to do so,” Hutchins said.
Proposed revisions to Kennebunkport’s accessory dwelling unit ordinance would come as a result of passage of state law L.D. 2003. Key elements of the proposed changes in Kennebunkport would include language confirming that an accessory dwelling unit cannot be sold on its own, that accessory dwelling units are recognized as permitted uses, are intended as primary residences, are not eligible for short term rental licenses, meet minimum square footage requirements, and are generally exempt from being required to have any additional parking, according to the proposal. Minimum accessory dwelling unit size would be 190 square feet, as per the state law. Kennebunkport proposes a maximum of 800 square feet.
Those contemplating new private roads under site plan review would be subject to requirements to accommodate new, larger fire apparatus. The proposed ordinance revisions would include a table to clarify the dimensional requirements, along with exhibits for 16-foot wide fire apparatus turn around option and a 20-foot travel way option.
Fire Chief Jon Everett explained that as existing private roads “if we have to get a fire truck in there, we will,” adding the proposed changes for new private roads would allow tankers coming in and out of a property where there is no municipal water to be able to pass each other, and to prevent the need to reverse a fire truck out of a long driveway.
The selectmen said they would like to hear more about the proposal at a subsequent meeting.
A proposed change to the resource protection zone would spell out that it excludes all parcels which contain upland areas that contain a principal structure/use and are considered developed as of July 1, 2023.
Town Manager Laurie Smith explained in a memo to selectmen:
“With the inclusion of a significant number of developed properties into the coastal floodplain by virtue of the new digital flood insurance rate maps, the description of the Resource Protection Zone (which is intended to regulate undeveloped areas such as salt marshes) will need to be adjusted to reflect their developed status,” Smith wrote. ” “Specific proposed language has been drafted that has been sent to the Maine Department of Environmental Protection for their review and feedback.”
Another proposed ordinance change updates the floodplain management ordinance, a requirement to be in good standing with the Federal Emergency Management Agency and the National Flood Insurance Program. Smith said the ordinance is based on the model floodplain ordinance authored by the Maine Floodplain Management Program. In her memo to selectmen, she said it is important for communities to use the model ordinance primarily because it has been vetted and approved by FEMA. She said the state is working on an updated version that contains the proper references to Kennebunkport’s proposed digital flood insurance rate maps. More information will be available to the select board and the public once that is ready.
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