March 10, 1999

Richard Wasina, Chairman
Limington Planning Board
P.O. Box 240
Limington, Maine 04049

Subject: Conditional Approval, Limington Zoning Ordinance

Dear Mr. Wasina:

Please find enclosed a copy of Department Order #1-99, conditionally approving the shoreland zoning provisions of the Limington Zoning Ordinance, as amended through January 16, 1997. The conditions of approval, including the Supplemental Shoreland Zoning Map, are binding on the Town of Limington, and must be administered and enforced as part of the municipal ordinance.

The enclosed Order also repeals the State-imposed Shoreland Zoning Ordinance for Limington, as adopted by the Board of Environmental Protection on March 5, 1994.

Should the Town of Limington amend its zoning ordinance at a future Town Meeting to address all of the conditions of approval, and submit those amendments to the Department of Environmental Protection for approval, the DEP can then fully approve the Limington ordinance and repeal the conditions.

Should you or the other town officials have any questions, please contact me at 287-2111.

Sincerely,
Dan Prichard
Dan Prichard
Assistant Shoreland Zoning Coordinator
Bureau of Land and Water Quality

encl.:

Department Order #1-99 Supplemental Shoreland Zoning Map

cc:	Board of Selectmen Code Enforcement Officer Dan Fleishman, SMRPC

AUGUSTA 17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017 (207) 287-7688 RAY BLDG. HOSPITAL ST.

BANGOR 106 HOGAN ROAD BANGOR, MAINE 04401 207) 941-4570 FAX; (207) 941-4564

PORTLAND 312 CANCO ROAD PORTLAND, MAINE 04103 (207) 822-6300 FAX: (207) 822-6303

PRESQUE ISLE 1235 CENTRAL DRIVE, SKYWAY PA PRESQUE ISLE. MAINE 04769-2094 (207) 764-0477 FAX: (207) 764-1507

4.

On January 26, 1999, the Town of Limington submitted a copy of its Zoning Ordinance, as amended through January 16, 1997, to the Department.

5.

Department review of the shoreland zoning provisions of the Limington zoning Ordinance has revealed the following significant deficiencies:

A.

The Limington Zoning and Shoreland Zoning Map identifies a Shoreland Zone, but fails to apply this districting adjacent to Isinglass Pond, or any of the freshwater wetlands, and streams. The map does list a Wetlands Zone, which appears to be used to identify most of the wetland boundaries and the boundary of Isinglass Pond, but this zone is not established as part of the ordinance.

The Department notes that Wetlands and Streams, as defined in the Limington ordinance, include more wetlands and streams areas than required under the Mandatory Shoreland Zoning Act. Department review of the Limington ordinance focused only on those wetland and streams that are required by law to be shoreland-zoned.

B.

The Zoning and Shoreland Zoning Map fails to establish Resource Conservation districting for shoreland zoned areas adjacent to great ponds, wetlands, and rivers consistent with the district criteria of the ordinance or the comparable Guidelines criteria for Resource Protection districting. The State-imposed Shoreland Zoning Map for Limington identifies a significant amount of shoreland area meeting these district criteria.

C.

The ordinance fails to include a provision requiring amendments involving designated shoreland-zoned areas to be submitted to the Department for approval. This omission has resulted in at least a two-year delay in the submission of the Limington ordinance for Department review following adoption at Town Meeting,

D.

The ordinance establishes a Commercial District that includes the shoreland zone of two great ponds and one wetland. The shoreland portion of this districting is inconsistent with the Guidelines in that it allows new commercial, industrial, and governmental uses adjacent to the great ponds.

E.

The ordinance establishes a 25-foot shoreline setback standard for all allowed and permitted uses in the Commercial District, including new residential uses. The Guidelines require a minimum setback distance of 100 feet from great ponds and 75 feet from wetlands. The municipality has not provided documentation indicating that the existing pattern of development supports a reduced setback standard.

F.

The ordinance permits structures built on, over, or abutting a pier, wharf, dock, or similar structure in the shoreland-zoned portion of the Commercial District to exceed twenty feet in height. This is not consistent with the Guidelines since these shoreland areas do not meet the Guideline criteria for General Development districting.

G.

The ordinance establishes a minimum setback and vegetated buffer standards of 75-foot for permitted uses adjacent to the Saco and Little Ossipee Rivers. The Guidelines require a 100-foot minimum standard adjacent to these rivers because they flow to a GPA-classified great pond, which is the Saco River impoundment located above the Skelton Dam in Dayton and Buxton,

H.

The ordinance allows new one and two-family residential development in the shoreland-zoned portion of the Resource Conservation District. The Guidelines prohibit two-family residential development in areas meeting the criteria for Resource Conservation districting, and allow single-family residential development only if it meets the Special Exception criteria specified in the Guidelines. Similar provisions are not included in the Limington ordinance.

I.

The ordinance fails to prohibit Essential Services within the Stream Protection District except to provide services to permitted uses within the district or where no reasonable alternative is available.

J.

The Sign standards for shoreland-zoned areas fails to include the Stream Protection District.

K.

The ordinance exempts the addition of open patios as an expansion of nonconforming structures within shoreland-zoned areas.

5.

In a letter dated February 10, 1999, the Town of Limington was notified by the Department of the above deficiencies, and the proposed conditional approval of the locally adopted ordinance.

Based on the above Findings of Fact, the Department makes the following CONCLUSIONS:

1.

The shoreland zoning provisions of the Limington Zoning Ordinance, as amended through January 16, 1997, are not consistent with the requirements of the Mandatory Shoreland Zoning Act, 38 MRSA, Section 438-A.

2.

The ordinance deficiencies can be adequately addressed by the Department approving the ordinance with conditions adopting suitable shoreland-zoned area districting and standards consistent with the Guidelines. These conditions would then be administered and enforced by the municipal officials as part of the Limington Zoning Ordinance.

3.

Upon approval of the Limington Zoning Ordinance, with conditions addressing the shoreland-zoned area deficiencies, the State-imposed Shoreland Zoning Ordinance, as adopted by the Board of Environmental Protection on March 5, 1994, is no longer necessary and my be repealed.

THEREFORE, the Department APPROVES the shoreland zoning provisions of the Limington Zoning Ordinance, as amended through January 16, 1997, SUBJECT TO THE ATTACHED CONDITIONS:

1.

A Supplemental Shoreland Zoning Map is hereby adopted for the Town of Limington which identifies all shoreland areas within 250 feet of great ponds, freshwater wetlands, and rivers, and within 75 feet of streams as defined under the Mandatory Shoreland Zoning Act. The shoreland zone provisions of the Limington zoning Ordinance, as amended through January 16, 1997 and as further conditioned by this Order, shall apply to all shoreland areas as identified on this map.

2.

Amendments to the Limington Zoning Ordinance and map that are applicable to shoreland-zoned areas shall not become effective unless approved by the Department of Environmental Protection.

3.

New commercial, industrial, and governmental structures and uses are prohibited in shoreland-zoned areas adjacent to great ponds.

4.

All new principal and accessory structures in shoreland-zoned areas, excluding water-dependent uses, shall be setback a minimum of 100 feet from the normal high water line of great ponds and rivers, and 75 feet from the normal high water line of streams and the upland edge of freshwater wetlands. All existing Structures located closer to the shoreline shall be considered nonconforming structures according to the provisions of the Limington Zoning Ordinance.

5.

Except to allow for permitted uses, within 100 feet of the Saco and Little Ossipee Rivers, no new clearings are permitted, and a well-distributed stand of trees and other vegetation shall be maintained.

6.

In all shoreland-zoned areas, structures built on, over, or abutting a pier, dock, wharf, or similar structure shall riot exceed twenty (20) feet in height.

7.

Two-family residential dwellings are not permitted in the Resource Conservation District as identified on the Supplemental Shoreland Zoning map. Single-family residences are permitted only if all of the following criteria are met:

A.

There is no location on the property, other than a location within the Resource Conservation District, where the structure can be built.

B.

The lot on which the structure is proposed is undeveloped and was established and recorded in the registry of deeds before the adoption of Resource Conservation districting, or the prior Resource Protection districting under the State-imposed Shoreland Zoning Ordinance.

C.

The proposed location of all buildings, sewage disposal systems, and other improvements are: located on slopes less than 20%; located outside the floodway of the 100 year floodplain along the Saco and Little Ossipee Rivers; the total ground floor area of all principal and accessory structures is limited to a maximum of 1500 square feet; and all structures are set back from the normal high water line or upland edge of a wetland to the greatest practical extent, but not less than 75 feet.

8.

The Essential Services standards applicable to the shoreland-zoned Resource Conservation District shall also apply to the Stream Protection District.

9.

The Sign standards applicable to other shoreland-zoned areas shall also apply to the Stream Protection District.

10.

In shoreland-zoned areas as identified on the Supplemental Shoreland Zoning Map, open ground-level patios shall be considered as expansions of nonconforming structures.

The above conditions shall be binding on the Town of Limington and shall be administered and enforced as part of the municipal ordinance. Should the ordinance be amended at Town Meeting to address the above conditions, and be subsequently approved by the Department, the conditions shall be repealed.

The State-imposed Shoreland Zoning Ordinance for the Town of Limington (Chapter 1299), as adopted by the Board of Environmental Protection on March 5, 1994, is hereby REPEALED.

DONE AND DATED AT AUGUSTA, MAINE, THIS 9th DAY OF MARCH, 1999.
DEPARTMENT OF ENVIRONMENTAL PROTECTION

BY:
Edward 0. Sullivan, Commissioner

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES