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Peru Shoreland Zoning Problems on Worthley Pond

November 12, 2007 - PERU - Landowners around Worthley Pond are upset at what they perceive to be a lack of communication between the town and citizens on work that is being done on Peru's shoreland zoning ordinance. Several members on a Worthley Pond Association (WPA) subcommittee dealing with shoreland zoning had some pointed questions for the selectmen and planning board at Monday's selectmen's meeting. One subcommittee member, Ron Ashworth, explained that the committee was formed to keep abreast of any developments in the ordinance, which the planning board had approved and then sent to the state for any necessary changes.

"It's the people on the pond who this is going to effect," he reminded the assembled. "We don't understand why the town has to have stronger ordinances than the state requires. That makes more work for the planning board and problems for the planning board."

Chairman J.R. Worthington explained that residents had not been excluded from participating and that planning board meetings, which take place the first and third Mondays of each month, are always open to the public. A mass e-mail was sent out to residents living around the pond regarding alleged changes that the planning board had made to the shoreland zoning ordinance without seeking input from Worthley Pond citizens. This, Worthington strongly emphasized, could not be further from the truth.

"Nobody bothered to call me. Nobody bothered to call the selectmen and ask what changes were made to the shoreland zoning ordinance. We didn't change anything," he stated. "The state updated the things that were required by them to put into that shoreland zoning ordinance. "

Selectman Rodney Jamison asked why the planning board did not come before the selectmen with the ordinance and seek to answer citizen questions or concems before sending it into the state. Worthington noted that the state needed to see it first and make any changes needed to comply with current state guidelines before it went to the selectmen. After this, the selectmen look for any further questions or concems by citizens before approving or disapproving it. Once selectmen approve the document, it is put before voters for final approval.

"Is our shoreland zoning stricter than the state of Maine?" asked resident Reggie Wing. "If the answer is yes, then why?" He suggested adopting the state's standards directly rather than trying to have a stricter ordinance.

Worthington said he wouldn't make a recommendation one way or the other about making the ordinance exactly match the state statute. Selectman Jim Pulsifer cautioned against adopting the state model ordinance as the town's own, noting that the state would enforce it through the Code Enforcement Officer and the town would lose local control in the process. Wing was unconvinced, pointing out that by not relaxing some of the current standards, Peru was opening itself up for more lawsuits on what landowners could or could not do on their land.

"The only reason it costs money is because people want to get away with something and end up not getting away with it," Pulsifer retorted. "Making laws more stringent than necessary is playing king of the hill," Wing shot back.

WPA member Dave Clement explained that landowners around the pond, in addition to himself, had consulted with the state about the ordinance and what should be included in it. "Right now, I don't feel we've had a chance to be heard," he said.

Several years ago, Peru passed a more stringent law on non-conforming properties and made adjustments to it last year as well. Many living around the pond have taken exception to some of the requirements. Clement specified the foundation standard, in which a structure must be raised above the ground to be considered seasonal. A full foundation is considered transforming use of the property from seasonal to year-round and is considered adding living space.

"If you raise a foundation above the ground, everything runs into the lake," said Clement, citing the environmental aspect. "If you put a foundation in, it stops it." He asked what was so unique about the pond that the town would have a stricter shoreland zoning ordinance than 95 percent of Maine communities.

Toward the end of the discussion, the WPA members and planning board agreed to work together and have better communication on shoreland zoning issues. To that end, Worthington suggested having an agenda e-mailed to the Worthley Pond subcommittee by e-mail, and the subcommittee members agreed to come to meetings in which shoreland zoning was a topic of discussion on the agenda.

"I hope we can turn this around and make it a workable situation," said Jamison.

SOURCE: RUMFORD FALLS TIMES

DATE: 10-31-2007


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