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Planning board reviews shoreland table edits, flags 25‑ft setback proposal and CEO review changes
Summary
Board members reviewed proposed amendments to shoreland zoning tables and raised concerns about a proposed 25‑foot village setback that may conflict with state shoreland rules; they asked staff to redline changes and to shift some shoreland permit authority from the Code Enforcement Officer to the Planning Board.
Members of the Winthrop Planning Board spent a substantial portion of the June 9 meeting reviewing proposed edits to zoning tables (Table 1/Table 2) that affect shoreland protections, setbacks, frontage and administrative review authority.
The planner noted proposed text edits to reinstate stream/shoreline protection that had been omitted from a downtown mapping table; the board questioned a line in the updated table that would allow a 25‑foot village setback where state shoreland rules typically require a 75‑foot setback from the high water mark. Board members asked staff to confirm which state exemption (if any) was being cited and to provide the legal basis for allowing a reduced setback.
CEO vs. Planning Board review: The draft changes also moved several permit categories (notably certain one- and two-family residential permits, accessory/additional dwelling units, and driveway/fill work) into an approval pathway that could be handled by the Code Enforcement Officer (CEO). Several board members objected and suggested that items labeled 11, A, F and G should be redlined to remain with the Planning Board for shoreland-zone applications; staff agreed to clarify the intent and return a redlined ordinance for further review.
Other technical inconsistencies: Members flagged internal contradictions between table values and text (for example, references to minimum frontage and setback distances that appear in multiple sections), and directed staff to reconcile chapter cross‑references and the shoreland table so the ordinance statements are consistent across the code.
Next steps: Staff will prepare a redlined draft incorporating corrections and will return the language for public hearing scheduling; the board discussed aiming to bundle shoreland corrections with other ordinance amendments for the July 6 council package if procedural noticing requirements allow it.
Quotation (representative): "If the 30% is met in one year they can ask for an extension and they can get that from Mark without coming to us... the repointing would be done before the certificate of occupancy," a board member said, illustrating the board’s approach to tying technical conditions to permit milestones.
