Almost 40 people attended a May 2 public hearing on the Damariscotta SmartCode (alternatively known as a form-based code) in front of the Damariscotta Planning Board.
During the two-hour hearing, Paul Dreher, the town’s designated public liaison for the code development process, and Town Manager Greg Zinser responded to a variety of questions and concerns from those present.
Despite substantial public input, the board approved the code, 3-0-2, with only one amendment. Town Planner Tony Dater described the amendment as “non-substantive.”
Chairman Fred Sewall and Wilder Hunt abstained from the vote. Sewall regularly abstains from board votes, but Hunt expressed reservations about various facets of the SmartCode throughout the hearing.
Damariscotta voters will ultimately decide the code’s fate in a Tues., June 14 referendum.
The comments from the citizens and property owners in attendance ranged from the general and familiar (concerns about big-box stores, the impact of the Piper Commons development on downtown businesses and the density of future development) to the very specific (the code’s lack of archaeological standards and a proposal of a two-story requirement for commercial buildings in the T-2 zone).
A significant part of the discussion focused on whether the code is ready and what the town’s options are for altering the code after enaction.
“You have to consider [the SmartCode] as a living document that will grow and evolve with you,” Dreher said.
Allowing current zoning to remain in effect encourages sprawl and “sloppy development,” Dreher said. “The urgency here is to stave off the potential of bad growth patterns.”
The SmartCode, while not yet flawless, is “a heck of a lot better than what’s on the books at this point,” Zinser said.
Zinser said he “can think of about 100” necessary changes to Damariscotta’s approximately 20 existing ordinances, most of which, he said, are “out of date.”
Zinser described the SmartCode (“a very, very good ordinance”) as the culmination of “four years of very hard work,” often on the back of a large and dedicated volunteer corps.
Others, however, including Hunt, said the code’s imperfections point to a need for further consideration prior to a vote.
Dreher, a zoning administrator in Newport, Vt., said the adoption of a form-based code in Newport (“the most depressed part of Vermont there is”) has, in under a year, led to “hundreds of millions of dollars of development” in the town.
Developers look on Newport favorably because it’s fast, easy and inexpensive to obtain permits under the new code, Dreher said. The clarity of the code also “greatly” diminishes grounds for appeal.
The influx of development led to a decrease in the tax rate this year, Dreher said, despite a “level-funded” municipal budget.
Dreher, responding to a question from a property owner, talked about the code’s impact on franchise restaurants such as Dunkin’ Donuts and Subway, a frequent topic of debate during the code development process.
Although the code doesn’t forbid chains, it would “start to eliminate the desire for a Subway or a Dunkin’ Donuts to be in your community,” Dreher said. The code requires businesses to build close to the street and forbids parking lots such as those in front of Damariscotta’s existing Dunkin’ Donuts and Subway franchises.
In an urban setting, franchises still pop up, despite the lack of large on-site parking lots. In a town of 2000, however, those stores depend on car traffic, Dreher said.
Dreher, in a brief presentation opening the hearing, left no doubt of his conviction that adoption of the Damariscotta SmartCode will benefit the town.
“What a form-based code does – and I believe in this with all the passion I can muster – it creates great places,” Dreher said.