Topsham committee grills recode use table over hospitals, utilities and housing

The Comp Plan Implementation Committee met July 6 in Topsham to continue a line-by-line review of a proposed zoning “use table” derived from the recode draft, focusing on utility provisions, hospital allowances in center zones, large entertainment venues, and how group-living definitions will treat shelters and congregate care.

Why it matters: changes to the use table will determine what activities are allowed where across Topsham and how much local review the town retains for new, potentially large or industrial uses such as battery energy storage systems (BESS), hospitals, or multi-screen entertainment venues.

Staff presentation and role of code administrators Planning staff walked the committee through a fine-grained version of the use table they prepared with Tom (the town code administrator). Staff said the revised table restores some local detail that the consultant draft had consolidated and emphasized that Tom will attend future workshops to advise on enforceability and definitions. "Tom will be at every workshop," staff said, noting he is the person who determines how a use would be interpreted and enforced.

Utilities and battery storage The planning director warned that the consultant’s earlier recode language would have categorized utilities as "major" or "minor" in ways that could allow utility-scale projects in many zones. The director said this raised specific concerns about battery energy storage systems: "They buy energy when it is cheap, and they sell it when it is expensive," a practice staff described as a profit-driven enterprise with siting implications for farmland and residential adjacency. Staff reported they had raised the issue with the consultant and asked for wording that preserves local control and the opportunity to develop ordinances specific to BESS siting and mitigation.

Hospitals vs. urgent care in center zones Members debated whether hospital uses belong in center zones. Staff recommended keeping hospitals conditional in the Mixed Transitional zone rather than broadly permitted across center zones, while noting that urgent-care or office-based medical clinics are different and more appropriate for center-zone settings. The committee suggested limiting hospital permissions and, where relevant, using conditional review so that scale, traffic and land-use impacts can be evaluated.

Entertainment venues and reuse of large parcels The use table includes new categories for large indoor entertainment (e.g., multi-screen cinemas or concert auditoria) and outdoor entertainment. Staff proposed making large indoor venues conditional in the Upper Village because of the scale of such projects; members noted the only realistic locations might be existing large buildings (for example, former car-dealership parcels) rather than new construction in village cores.

Retail, Middle Village protections and nonconforming examples The committee discussed proposed limits on retail and eating/drinking uses in Middle Village to protect historic character and manage parking. Staff flagged a few existing businesses that may be nonconforming (for example, a long-standing Dairy Queen parcel) and said they will consult Tom to clarify whether those uses will remain usable without triggering costly site-plan requirements.

Housing and group-living categories On housing, the committee left elderly housing permitted and kept multi-unit and upper-story residential allowances in most center zones. Members expressed concern about the consolidated "group living" category — which can include nursing homes, congregate care, boarding houses and homeless shelters — and asked staff to consider subdividing the category so shelters are addressed separately. For now, several group-living uses remain conditional in sensitive zones.

Next steps Staff will bring the revised use table and annotated notes to the planning board workshop July 23 and return to CPIC on August 10 to finish the review. The committee emphasized that the planning director and Tom should remain involved as subject-matter leads and that staff should keep a visible notation of items discussed for the planning board’s attention.

The committee did not adopt formal code changes at the meeting; it identified clearance items and technical clarifications staff must resolve before the public hearing and the planning board review.