Planning board finishes floating structures ordinance first draft

Proposal would restrict location to marinas
Tue, 07/25/2017 - 5:00pm

The Edgecomb Planning Board finished a first draft July 20 for a proposed floating structures ordinance. The board’s next step is revising the plan in time for a public hearing later this fall. The board began considering an ordinance this spring following a resident’s request to house her grandchildren this summer on a floating structure. The board wasn’t sure the town’s land use ordinance covered floating structures so it began considering proposing an ordinance.

The first draft’s major provision restricts floating houses to a marina. But a question remains: Who has authority to regulate any ordinance approved regarding floating structures? Planning board officials aren’t sure whether the code enforcement officer, harbor master or local police department would have jurisdiction. The board sought state and federal assistance in drafting the ordinance. But the state attorney’s general office has no jurisdiction over water craft, and the U.S. Coast Guard and Army Corps of Engineers also offered no opinion due to a lack of authority over floating structures.

“So it’s up to us to regulate them,” French said.

The board considered banning floating structures, but received a legal opinion it wouldn’t stand a court challenge. During upcoming revisions, French expects the board to decide whether floating structures fall under local land use ordinances or should be regulated by the harbor master.

“Next step is going through the draft and seeing where it fits. We may conclude it’s a beast unto itself and enforcement should be regulated by either the harbor master, code enforcement officer or local police department. We’re still working on that,” French said.

The board expects to hold public hearings later this fall with a public vote in May 2018.

In other action, the board stuffed envelopes with a survey seeking public opinion about a future retail marijuana ordinance. Letters explained options for regulating sales and other commercial uses of marijuana which become legal in February 2018. Each letter includes a self-addressed postcard with the  heading, “Should Edgecomb regulate marijuana businesses?”

The questions seek residents’ input on whether or not Edgecomb should require licensing for marijuana cultivation, manufacturing, retail sales, social clubs, or none of the above. The planning board will send 542 letters explaining ordinance options along with the postcard.

The board also voted 5-0 approving a building permit for a West Bath couple building a home on Shore Road. Brandon and Judith Sullivan received approval to build a 3,400 square foot home. The Sullivans are buying the two-acre lot from the heirs of Leon Dodge. According to French, the Sullivans plan to make the home their year round residence.

The board will meet next at 6:30 p.m. Thursday, Aug. 3.