News

Proposed Rezone Vision
By Elizabeth Prata

Gray--The Gray Council projected an oversized proposed rezoning map on the white wall of Stimson Hall Monday night and discussed their vision for how their proposed rezoning would mesh with the new information about adjusted boundaries of the Aquifer, and also how well the new zone lines and uses would mesh with the recommendations in the Comprehensive plan.

The Council has been working on changing the overall zoning in Gray for about eighteen months. Their vision is to implement the Comprehensive Plan recommendations, expand more land for business zoning, and streamline and update current zoning uses. Council Chair Pam Wilkinson said also that the Council's efforts are to "manage density in the core of our town so we are able to provide services in a timely manner. The key is to manage development where the infrastructure is."

To that end, eighteen months ago, the Council proposed a rezone to sections of Route 100 south of the Gray Plaza. The original proposal included uses that prohibited residential uses after the first generation sold their home, and severe restrictions to adding residential uses to existing homes. That original proposal outraged the neighborhood, who looked at the rezoning as a reduction of rights that existed when they purchased their property, some, as long as eighty years prior.

The citizens affected by the original zoning proposals united and produced a survey signed by seventy residents and volunteered several as sentinels who have been faithfully attending every meeting since.

The tussle is age-old, the needs of the many are protected through zoning but the rights of the individual few are infringed upon. Zoning laws have a purpose; they are usually designed to prohibit contrary uses in the same area-for example, incinerators next to residential homes. Avoiding municipal mishmash helps save property values in the broad sense but others see zoning as restrictive and a mechanism of control of broad local policy through zoning restrictions.

Councilor Gary Foster believes that zoning is restrictive and advocated for the citizens on Monday night. "I don't have anything to gain or lose down there, but they do." He said that he would much rather listen to the concerns of the citizens who are affected than what the State says to do along state routes regarding curb cuts and access.

Council Chair Pam Wilkinson said that "It is all about balance." She said that the proposed draft renames some zones and shifts uses in some. She said the Council needs to think ahead and "zone for the future, go where the infrastructure is, like water."

South Gray resident Pat Watson is one who has seen the zoning lines in her neighborhood change, fluctuate, revert, and finally settle on the map under discussion Monday night.

"I don't think they've made a great deal of change over the last eighteen months. Most people are not aware of what the Council is leading up to and when they find out they'll be surprised." No fan of the Town Manager, Mitchell A. Berkowitz, Watson said, "I think Mitch and Dick [Cahill, Planner] are the driving forces behind this and I don't see the need. We have nothing to offer them down there. There is very little undeveloped land, there's ledge, the Turnpike, and streams and brooks."

No fan of zoning, either, Watson continued, "I don't know who they think they are to tell us what we can do."

The Council also reviewed the preambles to each of the newly renamed proposed zones and ensured that the language is consistent with compatible uses. The Council will be going over those specific uses at their next workshop on February 7. The proposed draft of the zone map and new preambles are available below or at Town Office.

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January 25, 2005

DRAFT
SUGGESTED PREAMBLES FOR PROPOSED
NEW ZONING DISTRICTS, as discussed at Monday's workshop meeting. The first word in the zone title is the focus for the zone. For example, if a district is named "Business Residential," then the focus is on business first, then residential, for that district

Village Center - This district is bounded on the west by the Maine Turnpike, on the south and southeast by the Gray Meadows Resource Protection district, on the east by the Weeks Hill and on the north by the Wellhead Protection district. The Village Center is currently the town's center of commerce and governmental services. Its location at the crossroads of several major roadways serves as the focal point for pedestrian and vehicle activity. The Village's New England character, which results from its compact development, dispersed historic buildings, narrow streets, and mixture of land uses are a pride to businesses and its citizens alike. It is the intent of this district to encourage a mixture of residential uses, senior housing, service centers, and retail and commercial uses in a pedestrian friendly atmosphere. Building and site design standards contribute to an aesthetically pleasing environment for new and existing business and residents.

Residential Medium Density - This district is located outside of the village center on Yarmouth Road/Route 115 and outer Portland Road/Route 100 south. These areas are presently developed for residential uses. It is the intent of this district to recognize present relationships between land use and natural features by preserving the predominant residential character while allowing a somewhat denser development with smaller lot sizes, specifically when served by public water, than what is allowed in other areas of the town.

Residential Business - This district is located along Shaker Road/Route 26 from the northerly boundary line of the Wellhead Protection District to a point just north of the Weymouth Road and from the intersection of Mayberry Road and Shaker Road to the New Gloucester town line. With the exception of the area from the Maine Wildlife Park entrance to the Gray/New Gloucester town line, the remainder of the Shaker Road/Route 26 road is serviced by public water.

It is the intent of this district to recognize present relationships between land use and natural features by preserving the residential character while allowing a somewhat denser development for those properties serviced by public water. Although the area is predominantly residential, it is the intent of this district to allow for a blend of certain business and non-residential uses. Business uses that serve primarily town-wide shopping and service needs as opposed to regional needs shall be allowed in this district. Because this Residential Business district is located in an area of high visibility within the town, it would be the purpose of this district to protect the highway entrance to the town. This will be accomplished by limiting allowable uses to low traffic generators, limiting the number of access points, discouraging strip development and encouraging attractive development along the arterial highway. Allowed uses would include home based businesses compatible to a residential neighborhood, professional services, medical facilities, recreational uses, retail outlets, and the like. This district is designed to maintain a comfortable, safe, interesting and visually attractive environment that will be serviced primarily by vehicular traffic.

Business Residential - This district includes three areas. One of these areas is located along Lewiston Road/Route 100 north. It includes land on both sides of the road from the general vicinity of Wayne Avenue to the New Gloucester town line. The second area is on the West Gray Road from McConkey Road to Totten Road. The third area is on outer Yarmouth Road including that section of Depot Road between Yarmouth Road and Mayall Road. All three of the areas are delineated on the official Town of Gray Zoning Map as adopted by the Town Council. While the outer Yarmouth Road area is serviced by public water, the Lewiston Road and the West Gray Road are only partially serviced by public water. The outer Yarmouth Road area is predominantly residential, while the Lewiston Road and West Gray Road encompasses a mixture of both business as well as residences.

It is the intent of this district to provide land in the town for business use which can be developed in a manner compatible with existing low-density residential uses. The overall goal of this district is to encourage business development which: is characterized by a relatively low turnover of people, can be developed to provide greater buffering potential; can be confined to buildings; will utilize limited points of access; discourages strip development; and will not generate noise, odor or glare. This district offers a convenient, safe, aesthetically pleasing, and environmentally sound neighborhood for highway oriented land uses.

Business Development - This district is located in areas of the community which are most suited for larger scale business activities such as business parks and campuses, research facilities, data processing, warehousing, and manufacturing. The purposes of this district is to allow for more intense business uses while promoting the economic well-being of the town. The intent is to protect the public health, welfare, safety, environmental quality, and rural character of the community. Site location, infrastructure, and accessibility were important criteria for selecting such an area.

Wellhead Protection District - It is the intent of this district to protect the ground water resources of Gray from containments which can reasonably be expected to accompany certain adverse uses of land. Furthermore, it is the intent to preserve and protect the quantity and quality of ground water resources for present and future uses by individuals, business, industry, and public and private bodies.

Institutional Control Zone - The intent of this district is to protect the health, safety and general welfare of residents of Gray by prohibiting the removal and use of ground water from land located within the Institutional Control Zone (ICZ). The objective is to prevent exposure to contaminated ground water until such time as the ground water in the land attains State of Maine drinking water standards.