It makes a village

 Scarborough proposes zoning changes to provide ‘beach-community character’

SCARBOROUGH — In an effort to maintain and enhance the “beach-community character” of the Pine Point area, Scarborough officials are proposing a series ordinance changes that essentially roll back the clock on ‘70s-era zoning rules.

“Overall, the real focus of the updates are based on the comprehensive plan and its desire that that area maintain its traditional marine and tourism related focus,” said Town Planner Dan Bacon. “The current zones kind of lack some permitted uses that are really appropriate for a beach community such as not allowing seafood processing, which is kind of important.”

The proposed changes affect Pine Point Road from Holly Street to East Grand Avenue, as well as the “marsh side” of Jones Creek Drive from Pine Point Road to the town pier. The changes fall into four broad categories, including some that town officials hope will lead to the eventual creation of a “walkable village center” on Pine Point Road in the area of the Clambake Restaurant.

“This proposal takes the long view on development in this area and offers some interesting opportunities,” said Bacon.

A first reading of the proposed ordinance changes was set for the Town Council meeting on Wednesday night, after The Current’s deadline. Initial reaction by area businesses has been positive.

Susan Bayley, owner of Bayley's Lobster Pound on Avenue 6, says she was apprehensive when Bacon began making the rounds last fall announcing the upcoming amendments, but was quickly won over.

"Overall, I was very happy with the whole process," she said on Tuesday. "I've criticized some things the town has done before but in this they have really gone out of their way to try and understand what's going on in our neighborhood and to they and build the rules around current uses."

Bayley agrees that much of the zoning in the Black Point area was drafted as a "one-size-fits-all approach" during growth years gone by.

"What they set up down here was zoning that was a lot more applicable to subdivisions on the 1980s," she said. "But we've all been down here for 100 years and so we don't conform to any of the setbacks. Any time you wanted to change anything down here you had to go for a variance. Kudos to the town for recognizing that was waste of everybody's time."

Henry Pelletier, who bought the old Snow’s canning plant and now manages the building for Blue Cold Distributors, now owned by his daughter, and 10 other industrial tenants, is similarly pleased with the town’s proposal.

"If it goes exactly the way it's down on paper, I'd be a happy person," he said. "I think they treated me fairly and well. It's probably been the best result I've got from the town since I came here in 1995."

Converting the area from a business district to a new “town and village centers” zone will open it up to residential mix-use development, said Bacon. The vision includes buildings  with first floor shops and upper floor condos and apartments overlooking the marsh.

In addition to allowing residential townhouses along Pine Point Road, the zone conversion would enable construction of one- and two-family homes on Holly Street, while also opening the area up to a “wide range” of commercial and light industrial uses, Bacon said.

A second update would turn the business district from Jones Creek Drive along King Street to the Fisherman’s Co-op and the town pier into a “beach-mixed use district.”

“The proposal maintains much of what is currently allowed in the zone, but does modernize the district and provide from some additional permitted and special exception uses,” said Bacon.

Chief among the changes, Bed and Breakfast establishments and seafood processing plants would be once again allowed, while front yard mandates would be relaxed, allowing new buildings to mirror the street-hugging, “beach cottage” character of the area’s older buildings.

However, to keep commercial uses in scale to existing residential use, most businesses in the zone would be limited to 2,500 square feet.

A third change would create an “industrial overlay district in the new town and village zone.”

The overly allows buildings, such as the old Snow’s canning plant, to continue and even develop industrial uses without constantly having to go on bended knee to the zoning board of appeals. But the move also allows those building owners to “opt-out” of the industrial rules should they choose to redevelop in ways conforming to the lighter uses meant for the village center.

“Essentially, it allows them to have their cake and eat it, too,” said Bacon.

The final major change also rolls back longstanding restrictions in order to enable redevelopment. One significant change would jump the allowable amount of impervious surface area, such as buildings and parking lots, in the shoreland zoning area from 20 percent of a lot to 75 percent. Building setbacks also would be cut from 75 feet to 25, as long as a vegetative buffer is created to protect the marsh and streams.

“It’s been 30 or so years since the zoning has been looked at comprehensively in this area,” said Bacon. “We’re at the beginning stages of really trying to be visionary and provide a good environment for it to continue to be a good, healthy beach community.”