By Wayne E. Rivet

Staff Writer

Rather than throw the baby — in this case the Land Use Ordinance — out with the bathwater, Bridgton officials will look to fix various problems that have surfaced with the new standards.

A few weeks ago, Selectman Bear Zaidman recommended that the town repeal the ordinance after hearing from developers that the new standards caused title issues and was too prohibitive.

Although the Planning Board has been working on amendments to Land Use, including how the town will address both medical and adult use marijuana, Zaidman proposed to repeal the ordinance and allow the Community Development Director and Code Enforcement Officer to look at existing problems with the document, create revisions and bring those recommendations to the board within a year.

Meanwhile, if voters agreed to the repeal, the town would revert back to using Site Plan and Shoreland Zoning standards to guide development.

Selectmen, however, revisited the issue Tuesday during a virtual meeting. Selectmen Fred Packard and Bob Murphy joined the discussion from home via Go To Meeting, while selectmen Zaidman, Carmen Lone and chairman Lee Eastman were accompanied in the municipal complex meeting room by Town Manager Robert Peabody and Deputy Town Manager Georgiann Fleck.

Other town leaders listening and commenting via Go To Meeting were CDD Linda LaCroix, CEO Brenda Day, Rec Director Gary Colello and Public Service Director David Madsen. 

Town attorney Aga Dixon of Drummond & Woodsum was also attending via Go To Meeting.

Eighteen members of the public also logged in.

The prime concern was potential confusion taxpayers might face when acting upon three questions — repeal Land Use, amend Land Use, act on amendments to Land Use regarding medical and adult use marijuana — in the voting booth.

“The three questions would be interconnected,” Dixon said. “What is done with one would affect the other two.”

To simplify matters, Dixon said the town could hold off on Planning Board amendments, and place just the repeal question on the June ballot. Or, selectmen could set aside the repeal question, and place just the Planning Board amendments. If problems still exist with Land Use or if additional amendments are crafted based on findings from the Community Development Director and Code Enforcement Officer, that question could be placed on the November ballot.

If, however, selectmen wanted voters to address all issues at once, language would be needed to remind voters that repeal of Land Use would allow location of marijuana establishments throughout town, if proposals meet Site Plan and Shoreland Zoning standards. Under Lane Use, such marijuana operations are limited to certain zones. Planners marijuana amendments address existing verbiage in the Land Use Ordinance, and is not tied to other town ordinances.

A decision on how to proceed was needed immediately so the town could satisfy statutory timelines regarding holding a public hearing on the amendments, as well as having warrant articles finalized in time for when absentee ballots are printed (no later than May 10) and made available to the public.

“My problem is I feel the (Land Use) ordinance is broken. It has created a lot of hardships. There are people who can’t build a ranch house,” Zaidman said. “You can’t build a garage in South Bridgton with two floors. That’s not right. It’s too much restriction.”

While Zaidman understands that the Land Use Ordinance is a “working document,” subject to revisions when deemed necessary, he feels as constituted Land Use is “hurting developers and hurting families who want to build affordable housing.”

Selectperson Carmen Lone, who was the lone dissenting vote regarding Land Use repeal, continued to support the idea of amending the standard.

“The Land Use Ordinance is not what I hoped it would be,” Eastman said. But, he felt the path to follow would be to put forth Planning Board amendments and instruct LaCroix and Day — the two people “on the front lines that deal with this every day” — to identify problems and draft language to address them

Eastman also thought by pulling the repeal question off the June ballot would make “it way cleaner” for voters.

“It’s 100% right that this (Land Use) is a work in progress,” Zaidman said. He then asked how long would it take for LaCroix and Day to review and revise?

LaCroix said the process would follow certain steps. Based on her past experiences, LaCroix sees Land Use standards as a “good tool used to help address growth.” She added that several proposed projects that would bring “a lot of tax dollars” here are likely dependent upon Land Use standard changes. Despite the virus outbreak, applications continue to roll into the CEO office. Working with Day and the Planning Board, LaCroix believes other amendments would be ready for consideration by the November election.

“I’m not against zone, but we need something people can live with and not be robbed of all of their rights,” Selectman Fred Packard said. 

Zaidman supported the idea of allowing LaCroix and Day to take the lead, and for selectmen to take a step back.

“Let the professionals do the work right now,” he said.

Selectman Bob Murphy urged using “language” that the town’s older population can understand.

“Using all those technical words, people ask ‘What do they mean?’ I’ll go to the grocery store and I’m asked questions. I don’t know how to answer them,” he said.

Lone liked the idea of LaCroix and Day reviewing Land Use, but suggested they work in conjunction with the Planning Board. “Input from the Planning Board is not a bad thing…I want to see this well thought out and not last minute surprises.”

Eastman doesn’t want to see Land Use review go in “six different directions,” so he believes LaCroix and Day should be the point people and if they need help from the Planning Board, let them seek out that input.

Zaidman called for reconsideration of repeal; Eastman seconded the motion (by rule, call for reconsideration has to be made by someone who voted for the repeal).

The motion passed 5-0.

Then, the motion to seek repeal of Land Use failed by a 5-0 vote.

Next up, the Planning Board and Selectboard will hold a joint public “virtual” hearing on Land Use Ordinance amendments and amendments regarding medical and adult-use marijuana on Thursday, April 16 at 5 p.m. Information on how to participate in the “virtual” meeting will be published (here on The News website and on the Town of Bridgton website) at least 24 hours in advance of the meeting.

The proposed amendments can be viewed on the town website, bridgtonmaine.org and a copy will be posted at the town office.