The town zoning ordinance has been changed to allow denser housing and create more affordable units in South Berwick. Town councilors passed the proposal unanimously at their meeting Tuesday after a one-minute public hearing that had no members of the public speaking.
The state law, known as LD2300, requires every town to overhaul its ordinance to increase housing stock and affordable housing through greater housing density. The Planning Board has been working on amendments to the local ordinance since May, soon after the Maine Legislature passed the law requiring cities and towns to follow state guidance on multi-family affordable housing, accessory dwellings, and denser development in designated areas of town.
Councilor Melissa Costella commended town staff, Planning Board members, and staff at the Southern Maine Planning and Development Commission for their months of work to get the extensive changes ready by the Dec. 31 deadline.
In other business, the council held a public hearing on an ordinance change that would raise penalties – and allow the town to collect penalties – for parking violations. They agreed to hold off on a vote to review suggestions from the public.
According to the proposed change, fees for violating the winter parking ban and all “improper” parking would be raised from $20 to $50, with a $75 fee for late payment after 10 days, and referral to the Bureau of Motor Vehicles for nonpayment after 30 days. Once the state has been notified, a driver’s license would be suspended until the ticket is paid; a $50 fee is paid to the Bureau of Motor Vehicles; and a reinstatement process is finished.
Fees for illegal parking in marked handicap spaces, now $200 to $500, would be changed to $200 for a first violation and $300 for late payment. If the ticket still isn’t paid, the driver will be referred to the Bureau of Motor Vehicles.
Police Chief Dave Ruger said the existing ordinance lacks enforcement authority with no incentive for people to pay the ticket. Also, the $20 penalty, though still on the books, was not the amount the previous town manager told officers to write on tickets. Now, with the proposed change, fees on the books will match fees on the tickets, and fees will increase when payments are late.
Hundreds of tickets that were never paid will stay on an account but officers will not go back and try to collect that money, Ruger said.
Fees from parking violations are revenue for the town, unlike the fees for moving vehicle violations, which go to the state, according to Town Manager Tim Pellerin.
Sam Flinkstrom, town resident and co-owner of Happy Valley Wine & Beer Garden on lower Main Street, spoke in support of the changes at the public hearing, but suggested the wording was vague in six places. He offered examples of how it might be clarified, and said a parking ban prohibiting overnight parking on all streets all winter is unnecessary.
“I believe the current parking ban is antiquated considering the fast flow of information these days,” Flinkstrom said. “There are now automatic notification systems such as the e-notify alerts from the town website, the LED signs at the police station and on Main Street and Facebook.”
In addition to postponing a vote on parking enforcement, the council decided to hold off on discussion of appointing Flinkstrom to the town Zoning Board of Appeals.
