FARMINGTON – Concerns over proposed amendments to the town’s zoning ordinance were brought to selectmen on Tuesday.
Following the open hearing, the board voted unanimously to accept the proposed amendments with a wording change reinforcing the notion that open space development is voluntary.
The amendments provide for an open space residential development zone in addition to the existing subdivision ordinance giving developers a second option.
The amendments will go to voters as one of seven articles on the warrant for a special town meeting to be held Sept. 25, the board decided.
The open space residential development zone allows greater density of housing in return for greater open space, Town Manager Richard Davis told the board. The amendments make provision for condominium or cluster development, something that cannot be done under the current zoning ordinance.
To develop 10 acres, five would have to be open space. Four housing units could be built per acre for a total of 20 over the five acres.
Planning Board member Clayton King told the board that he thought the 50 percent requirement contained in the amendments was quite heavy. He had found 30-40 percent acceptable in other towns. Selectman Jon Bubier was also concerned with the percentage.
Fifty percent is a standard benchmark, Davis said, adding that it is completely voluntary. A developer could go with the standard subdivision ordinance now used.
“It’s another tool in the toolbox for people coming before the Planning Board,” said Helen Edmonds of Pierce Atwood, an attorney hired by Bryon Davis and William Marceau to work on adjusting the performance standards that were not adopted at the March town meeting.
Davis and Marceau need the requirements in order to continue their Willow Springs condominium project proposed to be built on the Fairbanks Road at the site of the former Maine Dowel Mill.
“At a time when everyone is going green, the ordinance will help keep more open space around these developments,” Tom Eastler said.
King also expressed his concerns about having the town attorney look over the proposed changes to see if it was right for the community. He said he had faxed the document to a law firm Tuesday afternoon, and they returned it in a short time with nine challenges.
Davis and Code Enforcement Officer Steve Kaiser both thought spending taxpayer money for a review on a document that was done legally was not necessary. The decision is now up to the voters, Davis said.
The board also held a public hearing on a proposed amendment to the town’s streets and sidewalk ordinances. Underground utilities that are buried in a shallow manner limit the town’s ability to maintain ditches and roads, Davis said.
The board agreed to adjust the wording of the article to state that underground utilities should not interfere with town maintenance per the director of public works rather than include specific depths and location at this time.
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