Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 1294 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF FARMINGDALE

1. On March 5, 1994 the Board of Environmental Protection adopted the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances and a shoreland zoning map for the town of Farmingdale. Such action was necessary after the Town failed to adopt a suitable ordinance as required.

2. On September 13, 1995 the Board of Environmental Protection amended the official shoreland zoning map by changing Lot 53 on the town of Farmingdale Tax Map 26 from the Limited Residential District to the Limited Commercial District.

3. On September 16, 2004 the Department received a written petition from Dr. Richard Smart requesting that Lot 3 on Farmingdale Tax Map 22 be zoned from Limited Residential to Limited Commercial. The Department, upon receiving Dr. Smart's request, conducted a review of the current districting along the Kennebec River from its northern boundary with the city of Hallowell to its southern boundary with the City of Gardiner. As a result of that review, the Department concluded that much of the shoreland zone abutting Route 201 should be placed in the Limited Commercial District. This conclusion is based on the presence of numerous commercial establishments in the current Limited Residential District.

The Department also concluded that the site currently operated by Ferraiolo Construction is currently inappropriately placed in the Limited Residential District. This industrial site would more appropriately be placed in the General Development District where industrial sites are a permitted use.

Thirdly, the Department noted that the Stream Protection District along the "stream" flowing under Route 201 at the northernmost section of the town is in close proximity to commercial development along that busy stretch of road. The sections of the stream located within 250 feet of Route 201 can appropriately be zoned as a Limited Commercial District.

4. The Department forwarded a draft of recommended map amendments to the selectmen of Farmingdale for their input. On September 29, 2004 the Board of Selectmen responded by stating that the "Town Selectmen take no official position" on the Department's draft map amendment.

5. The Department, concluding that an amendment to the zoning map is appropriate, drafted formal proposed zoning map amendments, as described in paragraph 3 above, and forwarded a copy of the proposed changes to the Town.

6. The Board of Environmental Protection held a written comment period in order to gather public input on the proposed map amendments. Public comments were accepted until December 27, 2004 at 5:00 p.m. The Department received no comments on the proposed amendments.

1. The proposed zoning map amendments are consistent with the Department's State of Maine Guidelines for Municipal Shoreland Zoning Ordinances. The proposed changes are consistent with the current pattern of development.

THEREFORE, THE BOARD HEREBY ORDERS that the official shoreland zoning map adopted as part of the State-imposed Shoreland Zoning Ordinance for the municipality of Farmingdale be amended by redistricting the shoreland zone as follows:

1. The Mandatory Shoreland Zoning Act (Act) requires all municipalities to establish zoning controls in areas within 250 feet of the normal high-water line of any great pond, river or saltwater body; within 250 feet of the upland edge of a coastal or freshwater wetland; and within 75 feet of the normal highwater line of a stream. Such zoning standards must be consistent with or no less stringent than those in the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances (Guidelines) as adopted by the Board of Environmental Protection (Board).

2. The Guidelines were revised by the Board, effective March 24, 1990, and again on July 14, 1992. The revised Guidelines include more stringent land use standards than the Board's earlier Guidelines. In addition, the revised Guidelines contain new zoning and land use provisions for activities in shoreland areas adjacent to streams and coastal and freshwater wetlands as required by the Act as amended in January of 1989. Following the Board's revisions to the Guidelines in 1990, the Maine legislature, and the Board as authorized in 38 M.R.S.A. Section438-A(2), established July 1, 1992 as the deadline for local ordinances to be amended consistent with the Guidelines.

3. 38 M.R.S.A. Section438-A(4) requires the Board to adopt suitable zoning ordinances for municipalities which fail to adopt shoreland zoning ordinances consistent with or no less restrictive than the Guidelines.

4. The municipality of Farmingdale has failed to adopt a shoreland zoning ordinance consistent with the Board's Guidelines within the time-frame established by the Board. As of January 26, 1994 the municipality of Farmingdale has not revised its shoreland zoning and land use standards, consistent with the Board's Guidelines.

5. The Board can ensure that the municipality of Farmingdale has adequate shoreland zoning and land use provisions for all shoreland areas within the municipality by adopting the Board's Guidelines ordinance and an appropriate zoning map based on the districting criteria contained in the Guidelines, for the municipality.

6. On October 18, 1993 copies of the Guidelines and draft zoning map were forwarded to the municipality of Farmingdale for public comment. The Board also advertised in newspapers of state-wide circulation, its intent to adopt the Guidelines and zoning map for the Municipality. No comments were received on the proposed ordinance during the comment period which ended on December 29, 1993.

1. Whereas the deadline has past for municipalities to amend local shoreland zoning ordinances consistent with the Board's Guidelines, and whereas the municipality of Farmingdale has failed to do so, the Board has a responsibility to adopt a suitable ordinance for the Municipality.

2. The Board can adopt a suitable ordinance for the Municipality by adopting the provisions contained in the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended July 14, 1992, with an appropriate zoning map based on the districting criteria contained in the Guidelines.

THEREFORE, THE BOARD HEREBY ORDERS AND ADOPTS for the municipality of Farmingdale, all of the provisions contained in the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended July 14, 1992, for all areas within 250 feet, horizontal distance, of the normal high-water line of any great pond, river or saltwater body; within 250 feet, horizontal distance, of the upland edge of any coastal or freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of all streams, as defined in 38 M.R.S.A. Section436. The Board further Orders that the map entitled Town of Farmingdale Shoreland Zoning Map, adopted by the Board of Environmental Protection is hereby incorporated into the ordinance.

This ORDER shall remain in effect, and shall be binding upon the municipality of Farmingdale until amended or repealed by the Board, or until the municipality of Farmingdale adopts a shoreland zoning ordinance, consistent with the Board's Guidelines, and is approved by the Commissioner.

DONE AND DATED AT AUGUSTA, MAINE, THIS 26th DAY OF JANUARY, 1994

BOARD OF ENVIRONMENTAL PROTECTION

BY:______________________

Owen R. Stevens, Chairman

________________________

1. On March 5, 1994 the Board of Environmental Protection adopted the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances and a shoreland zoning map for the town of Farmingdale. Such action was necessary after the town failed to adopt a suitable ordinance as required.

2. On May 24, 1995 Don McFarland, who has a "contract for sale of real estate" agreement to purchase land from Central Maine Power Company, petitioned the Board of Environmental Protection to change the zoning on that land from the Limited Residential District to the Limited Commercial District. The land is located adjacent to route 201 in Farmingdale and is in the shoreland zone of the Kennebec River.

3. There is existing commercial development in the vicinity of the property which is shown as Map 26 Lot 53 on the Farmingdale tax maps. The purpose of the rezoning request would be to allow limited commercial development where only residential development is currently permitted.

4. Department staff viewed the property with Mr. McFarland and confirmed that the areas near the subject property are commercially developed along with some residential structures.

5. The Board of Environmental Protection held a written comment period in order to gather public input on the proposed change. Public comments were accepted until August 11, 1995 at 5:00 P.M. The Department received no written comments on the proposed zone change.

1. The proposed zoning change is consistent with the Department's minimum Guidelines for municipal shoreland zoning ordinances. The area has significant commercial development and can be rezoned for commercial purposes.

THEREFORE, THE BOARD HEREBY ORDERS that the official zoning map adopted as part of the State-imposed Shoreland Zoning Ordinance for the municipality of Farmingdale, be amended by rezoning Lot 53 on the town of Farmingdale tax map #26 from the Limited Residential District to the Limited Commercial District.

1. Since 1974, the Mandatory Shoreland Zoning Act (MSZA) has required all municipalities to establish zoning and land use controls in areas located within 250 feet of the normal high water line of any great pond, river or saltwater body. In 1989, that requirement was expanded to also include areas within 250 feet of the upland edge of freshwater and coastal wetlands, and within 75 feet of the normal high water line of streams.

2. The Board establishes minimum guidelines for the local land use control ordinances. The MSZA authorizes the Board to establish a deadline for municipalities to adopt local ordinances consistent with the Guidelines and the purposes of the MSZA. The MSZA also authorizes the Board to adopt shoreland zoning ordinances for those municipalities which fail to adopt a suitable local ordinance.

3. On March 24, 1990, the Board of Environmental Protection amended the Guidelines. The Board also established July 1, 1992 as the deadline for amending local ordinances consistent with the Guidelines. The municipalities listed in Appendix A did not meet the July 1 deadline, resulting in the Board adopting the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, including amendments which became effective on July 14, 1992, for those municipalities. Those state-imposed ordinances can only be amended by the Board.

4. Additional amendments were made to the Guidelines effective August 7, 1994. It is the responsibility of the Board to amend the state-imposed ordinances for the municipalities listed in Appendix A, in order to make those ordinances consistent with the current Guidelines.

5. The August 7, 1994 amendments as listed in Appendix B, and made part of this Order, include provisions which allow :

6. Amendments referred to in paragraphs A. , B. , C. , D. above, result in a relaxation of the Guideline standards. Paragraph E. requires additional permitting activities, whereas that paragraph establishes a greater area of jurisdiction.

7. No written comments were received during a written comment period which ended on December 1, 1994.

BASED on the above Findings of Fact, the Board makes the following CONCLUSIONS:

1. The municipalities listed in Appendix A (attached) are subject to a state-imposed shoreland zoning ordinance consisting of the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, effective July 14, 1992. It is the Board's responsibility to amend the existing state-imposed ordinances, consistent with the August 7, 1994 amended Guidelines. However, the Guideline amendment which broadens the scope of the shoreland zone to include structures located beyond the normal highwater line, is not a mandatory requirement and should not be imposed upon the municipalities listed in Appendix A.

THEREFORE, the Board hereby AMENDS the State-imposed Shoreland Zoning Ordinances for the municipalities listed in Appendix A (attached), by adopting as the text of the ordinance, the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, effective August 7, 1994, except that the ordinance shall not apply to those structures located beyond (waterward) the normal high water line or upland edge of a wetland.