The Camden Select Board is holding public hearings Tuesday evening, Oct. 27, at 6:30 p.m. to consider proposed ordinance amendments that range from adding the term congregate housing to strengthening language upholding a prohibition against residential use of street level building space. One proposed amendment removes the distinction of elderly from parking requirements. 

...”Since ‘elderly’ is not currently defined, the application of these provisions is problematic,” wrote the planning office, in its explanation of the proposed amendments.

The Oct. 27 public hearings, followed by a regularly scheduled Camden Select Board meeting, will take place in the Washington Street Conference Room, televised on Public Access Channel 22, and streamed live at townhallstreams.com/locations/camden-me. The proposed land use ordinance amendments join several harbor ordinance amendments that will also appear on Camden’s Nov. 3 warrant.

To read the entire Select Board packet that includes the entire land use ordinance and the proposed language changes, as well as meeting information, click here.

The rules are clean and straightforward, said Camden Planner and Code Enforcement Officer Stephen Wilson.

The proposed land use ordinance amendments will join two harbor ordinance amendments, as well as two subdivision ordinance clarifications, on Camden’s November 3 ballot.

Proposed ordinance amendment changes include:

1) Adding the definition of “commercial.” The existing ordinance uses the term commercial, but does not define it.

2) Eliminate “commercial” from terms “parking facility” and “parking garage.” The justification is because the term “commercial” is unnecessary and too limiting, given that “commercial” is to be defined. Some parking lots have parking for residential apartments and housing, as well.

3) Change “Elderly congregate housing” to “congregate housing,” with a new definition.  Congregate housing is a type of housing concept in which the individual or family has living quarters with bedrooms and bathrooms, but shares a common area for dining, recreation or other services. The term “elderly” is removed to recognize that such facilities often cater to other types of individuals.

The conversation about congregate housing arose this year with the Planning Board, partly in acknowledgement of how housing is evolving on the Midcoast. There is Belfast Co-housing, for example, which are homes clustered around common spaces. The amendment reflects a shift in how people are living in smaller, planned communities.

4) Change the definition of “street level.” This amendment changes the language to reflect that in a building with two “street levels” (i.e., a building on a sloped hill might have different street levels), those levels may be on adjoining or opposite sides of the building.

5) Provisions applying to commercial and multifamily uses also made applicable to congregate housing. Current ordinance defines elderly congregate housing as a type of multifamily use, so it did not have to be specifically named. Congregate housing is now to be made a separate type of use, thus requiring this specificity.

6) Parking facilities to be moved from the list of utility uses to the list of commercial uses. Parking facilities now better fit the commercial category than the utility category.

7) Accessory use on street level clarified. This amendment arose to ensure that a residential facility, such as an apartment complex or congregate housing, cannot bypass the prohibition against residential use of street-level floors by trying to classify certain accessory uses as commercial. Under existing language, an apartment complex could argue that a coffee shop or recreation center at street level is commercial, even if it is only, or predominantly, for the use of residents.

8) Limit on-street level access to residential units. This arises because residential units on the upper floors must be accessed from the street level. The proposed amendment allows access to the upper floors, but no greater in scope than the minimum required to meet federal and state building codes, or other applicable laws and regulations.

9) Eliminate distinction based on age of resident from parking requirements. “There is no real reason to require more or less parking based on the age of residents,” writes the town, in its explanation of this proposed amendment change. “Further, since ‘elderly’ is not currently defined, the application of these provisions is problematic.

Additionally, there are two proposed subdivision ordinance changes on the ballot. Their purpose is to align the definitions in the Subdivision Ordinance with the Zoning Ordinance and allows new congregate facilities to be reviewed in a public forum.  

Dwelling Unit: A room or group of rooms within a dwelling, designed and equipped as living quarters for a person or for a family, including provisions for living, sleeping, bathing and cooking. Individual units within a Congregate Housing Facility as defined by the Zoning Ordinance shall be considered dwelling units. 

Multifamily Development: A subdivision that contains three or more dwelling units on land in common ownership, such as apartment buildings, congregate housing, condominiums, or mobile home parks.

The entire agenda of the Oct. 27 Camden Select Board is as follows;

Call to Order A. Public Hearings 1. Public Hearing: Proposed amendments to the Camden Zoning Ordinance

Background: These are the amendments that the Select Board approved at its September 15 meeting. These amendments will be voted on at the November 3 election. The purpose of this additional public hearing is to help inform the public about items on the ballot prior to the election. More information is on the Town website: www.camdenmaine.gov

2. Public Hearing: Proposed amendments to the Camden Subdivision Ordinance to add congregate housing

Background: These are the amendments that the Select Board approved at its September 15 meeting. These amendments will be voted on at the November 3 election. The purpose of this additional public hearing is to help inform the public about items on the ballot prior to the election. More information is on the Town website: www.camdenmaine.gov

B. Citizen Comments (for items not on the agenda)

C. Approval of Select Board Minutes dated October 6, 2015

D. Select Board Member Reports

E. Town Manager Report

F. New Business 1. Acceptance of State Local Road Assistance Funds in the Amount of $54,696 for capital projects

Background: The State Local Road Assistance program provides that a portion of the State’s gas tax revenues and allocated to municipalities to help fund capital road projects (not regular road maintenance projects). In Camden, as in most municipalities, the amount the Town spends on capital road infrastructure programs far exceeds what the State provides in Local Road Assistance funds. The Select Board must vote to accept the funds.

2. Accept resignation of Jan MacKinnon from the Planning Board

Background: Jan McKinnon has served on the Planning Board since 2005 as a regular member and alternate. She has decided to resign. This creates an opening for an alternate member of the Planning Board. Alternate members’ terms are for one year.

3. Appointment of Sarah Holland to the Energy Committee

Background: The Select Board reactivated the Energy Committee in September. Ms. Holland has stepped forward to volunteer to serve on the committee.

4. Acceptance of criminal forfeiture assets in the case of State of Maine vs. Cammi Colby and & Justin Luszcki

Background: The State of Maine forfeiture statute provides that when local Police Departments assist in criminal cases where cash and other assets are seized, the state can share some of those funds with the departments that assisted in the State’s investigation. This was a drug trafficking case where funds and assets were seized. The Select Board must authorize acceptance of the funds.

In this case, Camden would receive $6,704.50.

5. Request to approve renewal revocable license agreement for five years with Michael Askjaer to use town-owned property located on the Public Landing (10 Bay View Street)

Background: The owners of 10 Bay View Street have a license to have a “sidewalk patio” (approximately 368 square feet) that extends onto Town-owned property and a 3rd floor balcony uses airspace over Town property. This revocable licensed allows the owners to continue this use for $1,500 per year. The Town can revoke this license with 3 months’ notice to the owner.

6. Approval of disposition of tax acquired property at 6 Gosses Hill Road

Background: At the October 6 meeting, the Select Board decided to seek public bids on this property. Before issuing the bid, they asked for an independent opinion of value. The Select Board will determine a minimum asking price and any other conditions they want bidders to meet.

Adjourn

Convene as Board of Assessors

A. Request to approve abatements for the following real estate and personal property taxes for the year 2015-2016 in the amount of $9,962.21:

1. RE 1935 -21 Harden Avenue – $151.30

2. RE 1061 - 44 Pearl Street – $151.30

3. RE 1704 -14 Central Street - $310.17

4. RE 3248 -115 Timbercliffe Drive – $3,210.59

5. RE 1525- 11 Free Street – $2,829.31

6. RE 2627 - 460 Molyneaux Road – $1,388.93

7. RE 348 – Goodwind Lane - $907.80

8. RE 3031 – 166 Chestnut Street - $945.14

9. PP 262 – 97 Mechanic Street - $59.01

10.PP 690 – Various - $.51

11.PP 759 – Various - $.62

12.PP 740 – Various - $7.53

B. Request to approve a Supplemental Tax Warrant for the following real estate taxes for the year 2015-2016 in the amount of $2,296.73:

1. RE 2627 – 460 Molyneaux Road - $1,388.93

2. RE 348 – Goodwind Lane - $907.80

Adjourn ***********

Workshop There will be a workshop immediately following the meeting

1. Set calendar for November-January 2.

Discussion of topics for future workshop

Adjourn ***********

Next Select Board Meeting: November 10