A state law taking effect in July means homeowners in designated growth areas in South Berwick may build accessory dwelling units on their property: an attached unit, a detached unit, or one of each. Towns also will be required to allow options for denser housing, providing incentives for multi-unit affordable development.
The complicated law enacted by the Maine Legislature in 2022, accordingly titled An Act to Implement the Recommendations of the Commission to Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions, was introduced to the Planning Board last week by Jenifer McCabe, town code enforcement officer and planner.
Intended to address the need for more affordable housing in Maine, the law mandates that towns allow more options for multiple-unit housing and density in residential areas. Some of the ordinances affected are the number of units per lot, amount of road frontage, and parking requirements, McCabe said. The affected growth areas in South Berwick have yet to be determined.
Board member Hershey Hirschkop said she doubted the legislation will actually result in more affordable housing, as only people who can already afford to live here will build additional units on their properties. Citing a prediction from the Maine State Economist that South Berwick will grow by more than 700 residents in the next 15 years, she said the town can work to make housing more affordable, as nearby towns have begun doing.
According to a state document explaining the bill, towns may still guide growth through lot size requirements, impact fees, growth caps, maximum sizes and numbers for accessory dwelling units, and regulation of short term rentals. Towns also may define growth areas where town water and sewer capacities already exist.
Town staff have been working with Southern Maine Planning & Development Commission for nine months on integrating the new law into current zoning ordinances. Commission Director Paul Schumacher told the board that South Berwick is far ahead of many towns on this process.
Planning Board members had many questions about how the law will be implemented and what impact it will have on town services. There were concerns about parking, water and sewer capacities, and who would enforce the 30-year rent control covenants on affordable units. Many of these issues are still uncertain, McCabe said.
The board will continue its review before ordinance changes are sent to the Town Council for approval. The Planning Board has scheduled a workshop for Wednesday, June 21, at 6 p.m. to discuss the law and current ordinances in detail. The workshop is open to the public though there will be no opportunity for questions or comment except from the board.
The guidance document developed by the state is available here.
In other business, the board reviewed a site plan amendment for the Outlook Tavern at the Outlook Farm Golf Club. The proposed renovation and expansion of the kitchen and bar will double their size and create a better workflow for staff. The vote to approve the amendment was unanimous.
