DURHAM – More than a dozen people, most of whom were supportive of proposed amendments to the back-lot ordinance, attended a public hearing Thursday night to hear about that and other changes.
Drawing the most interest were citizen-initiated amendments to the back-lot ordinance presented by Tammy Thatcher. The amendments would add “family back-lot road standards” to back lots given or transferred to children.
The major change would be in current road standards, to allow roads without shoulders and eliminate paving. Thatcher said the amendments would fall under Maine law that describes family backlot standards as “a parcel of land, which does not have any frontage on a town accepted road, which is given or transferred to a person related to the donor.”
This, she said, clearly spells out that the land must have been owned by the donor-family member for at least five years and must be a gift – and is considered a gift even if payment is made up to 50 percent of the value, and she noted, the recipient would have to keep the land for a least five years.
The only reservation on the proposal came from Ordinance Writing Committee member Gordon Grimes, who questioned a plan that the buyer and seller will negotiate to determine who will be responsible for bringing the road up to town standards.
“What if is isn’t negotiated?” Grimes asked. “I don’t think you’ll get town meeting approval” with it written this way, it’s got to have some finality of who will do the road,” suggesting that it be changed. Thatcher replied she thought it could be worked out, possibly when bank financing is arranged.
The remainder of the hearing consisted of a presentation by the Ordinance Writing Committee of its proposed amendments: updating the floodplain management ordinance as recommended by the state; operating and reclaiming sand, gravel and “borrow” pits that would require town licensing of pits under five acres that do not fall under state regulations.
Other changes involve wording in the subdivision ordinance substituting administrative assistant instead of chairman or vice chairman; a correction ordinance permitting minor errors to be corrected by the town, as long as they do not affect substance; and adding a “public road/street way” definition to the rural residential-transitional district that will not be submitted to the town for acceptance.
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