Open space debated in Hebron

HEBRON — Selectmen debated, Monday night, whether a 2010 change to subdivision regulations could threaten the town's open spaces.

If the rules are allowed to stand, homes can be built clustered together next to a large open space, as opposed to having a larger lot for each house.

Selectman Jim Reid expressed concern that the regulations violated the spirit of a 1989 land use ordinance that restricted builders to undertaking construction on no less than 120,000 square feet of land.

"The intent of the law was to have a lot that had to be so big," said Reid. "It wasn't to have a bunch of houses clumped together and then have 50 acres somewhere else."

"If that's what we want, then we should have voted on it at town meeting."

In 2010, the Hebron Planning Board amended subdivision regulations, as allowed by the Maine Municipal Association's (MMA) guidelines for town governments. According to new regulations, subdivisions could build their houses on less acreage than allowed private home owners, so long as they set aside enough extra land to compensate for the difference. These regulations exist in towns across the state and are known as "open space" rules.

Planning board member Randy Swift disagreed with Reid. The regulations, he argued, actually attempt to maintain the town's rural character by allowing for open space that citizens can use as they please.

"The open space really limits how many houses you can have on a development," he said. He pointed to a new subdivision proposal that, abiding by old regulations, could have built up to 45 houses, but would only build 27 utilizing the open space regulations.

Selectman Jim Eichorn claimed that the planning board was well within their rights to adjust subdivision regulations, as they are under MMA's statewide guidelines.

"We don't have a subdivision ordinance; we have subdivision regulations," he said. "There's nothing in the land use ordinance that says the planning board can't tweak the regulations for subdivisions."

Reid argued that, though it may be the case that the regulations would have a positive effect, they have been enforced differently in the past. He pointed to several other subdivisions that have not been given the same liberties.

"I'm talking about consistency," said Reid. "It seems that we enforce a different set of rules for every subdivision."

Swift disagreed, stating that those options were actually open to all previous developers. They simply chose not to pursue the option.

"We're not telling people how to build," said Swift. "There was always an open space option but nobody chose to pursue it."

The planning board has had all the requisite meetings, but no one has come, continued Swift.

"Come to our meetings, come in and tell us what you think," he requested of the board. "We had all the meetings and nobody even showed up."