The town of Damariscotta is considering the adoption of new building and development codes, which will affect three distinct areas of town: historic Main Street, Bus. Rt. 1, and a proposed new development at Piper Commons.
The new codes, known as “form-based” codes, allow for the kind of multi-story, mixed use buildings that are typical of historic main streets, like Damariscotta’s.
The codes currently used by Damariscotta, and most other towns in Maine and elsewhere, are known as “use-based” codes and often result in the sort of low, sprawling development that has cropped up in the last several decades.
This, according to Damariscotta Town Manager Greg Zinser, Friends of Midcoast Maine Executive Director Jane LaFleur and others, is because use-based codes consider the function of a building first, while form-based codes, on the other hand, consider the design of a building, and how it relates to surrounding buildings and streetscapes, before it considers the building use.
Consequently, form-based codes allow for multi-story buildings that mix retail, professional and residential uses. This sort of traditional, compact development has several advantages, according to Zinser and others, including being more cost effective and economically sustainable.
The recommendation for new codes came out of the three-year charrette planning process undertaken by the Damariscotta Planning Advisory Committee (DPAC).
In an effort to describe the new codes, Zinser said, “Form-based codes is the buzz word of today, but it’s an unfortunate term. They could be called “smart growth codes,” simple zoning ordinances or land use regulations. They are really “Damariscotta-based codes,” because they will be designed based on what the people of Damariscotta want.”
Zinser said form-based codes would not completely replace current use-based codes. “We’re not going to wipe them out and start from scratch. Things like the size cap would still be in place. But if we want to control development, we need a new calibration of existing codes.”
According to Zinser, the Damariscotta Board of Selectmen approved the hiring of a code writing consultant on July 21. On Monday morning, Zinser and selectmen interviewed the top applicant for the job, Robert Orr and Associates, of Portland.
Orr and his partners submitted a $33,000 bid to write new codes for the three areas in question. If negotiations are successful, Orr will have a contract with the town, but the work will be paid for by Piper Village Development, LLC.
Zinser said he is not concerned about a possible conflict of interest, and that any new code development would involve an “inclusive public process.” “We’re not going to do this behind closed doors,” he said.
Orr also expressed the importance of having broad public input. After outlining the benefits of form-based code development, Orr said he thought the most challenging area to address would be Bus. Rt. 1.
Selectman Dave Wilbur agreed and said, “I just want to make sure that all the 1-B people, and the downtown people are invited, on paper, to these meetings.”
Zinser and Selectman Dick McLean offered assurance that the process would be “flexible, public, and phased in,” and that “nothing’s etched in stone.”
