In a public forum Oct. 8, Boothbay Harbor selectmen made progress on adapting town ordinances to meet state LD 2003 requirements. They reviewed draft language for proposed changes and made alterations with the help of a consultant hired for the process. Although few residents attended the around hour-long meeting, the final language has to be approved by public vote after a second public hearing, according to the town manager.

Throughout the discussion, board members and consultant Charles Tetelman from North Star Planning underlined that the core intent is to create housing, which guides the process.

“The whole point is to increase housing, and (LD 2003) says ‘housing stock.’ We have interpreted that to be affordable housing because that's what everybody wants,” Selectman Mark Osborn said.

The town has had several workshops, including with the consultants and planning board, but this was the first public hearing. Tetelman opened it with an overview of LD 2003 and the proposed language already developed.

“A lot of this language originally came from North Star and the state, but now it's really getting into Boothbay Harbor specifics. I think even the next draft is going to have the language that is needed to fit the moment,” Tetleman said.

Much of the discussion was around proposed changes related to accessory dwelling units (ADUs). For one, Boothbay proposed defining an ADU with a 190 square feet minimum and 800 square feet maximum living space. However, there was discussion, with no clear resolution, about how porches or other, similar features would relate to the calculation. In addition, the town would require ADUs to have adequate water and wastewater services, and a separate entrance from the main dwelling unit.

The selectboard has decided not to tackle short term housing issues during its LD 2003 work. However, the board did address ADUs as rentals. The selectmen and Code Enforcement Officer Geoff Smith discussed allowing property owners to have someone stay at their ADU without charging rent, or not at market price. They proposed language that would require an ADU to be rented or leased for no less time than four months if collecting income.

The town plans to have another public forum before a vote. Neither has been scheduled. In addition, there is a disparity of language in the comprehensive plan around growth districts that needs to be fixed before a vote, according to Smith. Smith said the issue relates to the LD 2003 changes and the town attorney is working on a resolution.

During the hearing, Selectman Ken Rayle asked Smith what would happen if an applicant came to the town now to create ADU that did not meet the proposed requirements, specifically one that is 1,200 square feet. Smith said this was not a likely scenario given the timeline of how applications usually occur. However, if it were to happen, the town would deny them because the building does not meet ordinance, which would likely be upheld by the appeals board. He said the applicant would then likely go to court and win. “More reason to get this done,” Osborn remarked.  

More information on LD 2003 and ordinance changes, including proposed language, is available from the town office.