China planning board holds workshop on land use ordinance

by Mary Grow

After the China select board held a Feb. 13 public hearing on proposed amendments to the Board of Appeals Ordinance (Chapter 9 of China’s Land Use Ordinance) and invited members of the planning and appeals boards to participate, planning board members devoted their Feb. 14 meeting to a workshop on the ordinance. They were joined by select board and appeals board members and others interested.

Initial discussion on Feb. 13 was a rehash of arguments over which board should have started the amendment process, plus criticism of the late availability of the draft being discussed and the difficulty in telling which comments came from whom.

Participants in the Feb. 14 workshop debated at length the content of the ordinance. In the week after the workshop, planning board co-chairman Toni Wall changed the two-color draft available Feb. 13 to a three-color draft.

The new version shows the original document, the changes proposed by select board member Brent Chesley and the changes proposed by town attorney Amanda Meader. Wall intends this version to be the basis for a Feb. 28 planning board discussion.

The three-color draft was to be on the China website, china.govoffice.com, as soon as possible (the Presidents’ Day holiday caused a delay).

The appeals board has two functions under the ordinance:

• “to hear appeals from any decision or failure to act by the Codes Enforcement Officer, Plumbing Inspector, or Planning Board with regard to this Land Development Code and
• “to review and act on variances.”

A variance is an exception to an ordinance provision.

Chesley’s proposed amendments, which select board members forwarded to the planning board after the Jan. 3 select board meeting, are in two categories, administrative changes and substantive changes. The latter deal with variances.

Planning board members generally agree with most of the administrative recommendations. They disagree with most of the proposed substantive changes.

Examples of administrative changes, according to the latest draft, include appointing appeals board members for staggered three-year terms instead of the current five-year terms, and setting time limits for filing a variance request and for board review.

Substantive changes Chesley suggested deal mostly with loosening restrictions on expanding use of a substandard, grandfathered lot, which discussants defined as a lot of less than 20,000 square feet with an existing dwelling (built before land use ordinances defined 20,000 square feet as too small to build on).

For example, Chesley recommends allowing larger variances from some limits, like letting an owner extend a structure closer to a lot line with written consent from the affected abutting landowner.

Chesley thinks China’s ordinances are too strict. Planning board members, and in earlier discussions other residents, disagreed, some citing the need to protect water quality in China Lake. Planning board co-chairman James Wilkens said repeatedly the present ordinance works, so there is no need to change it.

Chesley said his waterfront lot has 25,700 square feet; he will not be affected, whether his proposals are accepted or rejected, but other shorefront property-owners could be.

The ordinance is to be considered again by the select board at its Feb. 27 meeting, as well as by planning board members on Feb. 28.

The Feb. 27 select board meeting is scheduled to begin at 5 p.m., to allow time to discuss the 2023-24 town budget. Planning board meetings usually begin at 6:30 p.m. Both boards meet in the town office meeting room.

Town Manager Rebecca Hapgood said there will be another public hearing before a final version of the ordinance goes to voters at the annual town business meeting in June.