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board meeting to order. Uh, chairman Ed
Bear is not able to be here tonight, so

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as vice chair, I will be filling in for
him this evening. I will go ahead and

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start with roll call to my left,

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» Chelsea Eaton,
>> Bob Hayes, Bilah Hussein,

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» Morin Hopkins,
>> Tim D. Ro,

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» Andrea Westby. Great. Uh, I'd like to
welcome our two new associate members,

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Chelsea Eaton and Kathy Shaw. Um,
Chelsea, I will be elevating you to full

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member tonight um in Ed's absence and
Kathy will be elevating you to full

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member tonight uh in Riley's absence.
Right. Our first item tonight is a

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public hearing on chapter 60 zoning
amendment. Uh, city council initiated

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requests for the planning board to
review proposed changes to chapter 60

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zoning and the agricultural and resource
protection zone to streng strengthen

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protections for natural resources for
solar and residential permit projects

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and make a recommendation to the
council.

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» Yes. So, um, these are you should have
received a paper packet of eight pages

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and um, it's also on the screen as well.
These are proposed changes to increased

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protections of farmland in the axom for
new residential development and new

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solar development. Um, planning staff
met with the SNRB committee on Tuesday

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to go over the proposed changes. You
should also have a copy of their minutes

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as well. It's a one-pager that
summarizes um their com the comments

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that they have. The purpose of this
meeting tonight will be to garner

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additional feedback from the planning
board and then bring feedback from both

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committees to the council for the
council eventually to adopt these

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changes. Um so as of right now at this
meeting uh the board will be taking

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public comment and um adding any
additional thoughts on the proposed

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changes. So to go over some highlights
of these um the biggest things that have

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changed are um initially the previous
language said for new single family

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homes they should be avoid being cited
on soils of state importance. That

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language has been changed to say that
they cannot be cited on farmland of

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statewide importance or prime farmland
soils. This is deferring to the state

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definition. So um the state defines
prime farmland as soils that have the

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greatest characteristics to support
farming activity and agriculture

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activity and um farmland of statewide
significance is is the same. Um it's

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it's anything that does not fall under
prime farmland. So soils that have uh

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characteristics such as uh uh looking at
depth to water table erodability uh

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characteristics of providing food and
forage. Um so that's what the USDA

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defines those two categories as.
Additionally for new single family homes

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they initially it said avoid being cited
on land determined to be essential

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habitat. It says it cannot be cited on
land determined to be essential habitat

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as well as you cannot site a new home on
wetlands or in slopes greater than 25%.

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And the change with solar um the biggest
change with solar is that initially

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in determining um in determining prime
farmland soils.

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Initially um it was using the NRCS maps
but now you have to have a licensed soil

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evaluator go to the site to evaluate
whether the soils are prime farmland. Um

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so that's another change as well.
Um and I think um at the moment we will

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take uh any uh any additional uh public
comment on these and any planning board

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thoughts at the moment.
>> Thank you. Does anyone on the planning

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board have any questions for Sam?

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» Um,
there's something on page seven, uh,

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section G.
Um, I would like to understand this

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better because this is a little
confusing to me. It says,

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uh, not be cited on prime farmland.
farmland of statewide importance as

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defined by USDA NRCS. Okay. And then it
says the determination of whether that

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land is prime farmland or of statewide
importance

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shall be made by a soil scientist from
so Maine uh Department of A conservation

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and forestry.
So

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I'm just confused by that. I don't
understand who is making the decision

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because first it says NRCS and then it
says Department of A conservation and

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forestry.
>> So the the licensed soil scientist would

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go to the site and make a determination
as to whether the so as to whether it's

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prime farmland or farmland of statewide
importance. So previously

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uh the language was very open-ended and
and

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you would defer typically to the soils
maps which are less accurate.

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So this is basically saying a
statelicicensed professional will

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determine whether or not the soil meets
the standards listed in the USDA and

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» Yes. Exactly. Yeah.
>> Thank you.

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So, I have a question. Um, do we know
what percent of the AGRP currently falls

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under like prime uh farmland of
statewide significance?

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» You're asking about the percentage of
the zoning district that's in prime

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farmland,
>> right?

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» Um, I don't have that information.
Okay.

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I want to I want to play Go ahead. I
want to play devil's advocate. Um, we're

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making things more restrictive and I can
understand there are reasons to do that.

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My question is this. Um, and I've been
having a hard time finding an answer in

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section 60.
We're we may be advocating to put

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certain areas of land under an
undetermined amount of time protection

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from any building whatsoever. So
hypothetically,

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a parcel of land that is considered
prime farmland, we could go a century

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and no one puts a farm on that land.
We have land that hasn't been used. It's

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been reserved. Hasn't been used.
Do any do we have any time

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considerations in any of this language
where if after x amount of time

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nothing's happened, well then yeah,
maybe we could consider changing that.

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Or is this end of it until the end of
time? you know there's we're being very

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restrictive
without allowing any understanding of

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future events.
Do you know any have any idea about

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that?
>> I mean there's nothing in here about a

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timeline
in terms of if something's left as prime

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farmland.
Um I mean it is I think the the intent

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of this is to be as restrictive as
possible to attempt to preserve more

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farmland. Um I think there were issues
of you know homes being being developed

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in places that you know they shouldn't
have been built in. Same with solar as

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well.
But my question is if we go 100 years

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and no one ever builds a farm there, but
we there's people that need housing,

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there needs
I know the argument is going to be made

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by somebody or at least the thoughts of
well so we're going to take X percentage

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of land out of Auburn's land use that
nobody can ever do anything with that

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land could sit hypothetically for 150
years and just nothing happened to it.

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Correct. Yeah, that's a possibility.

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» But I think we have to realize as
history has shown us this question comes

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up
within a few years probably and you know

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even our comprehensive plan is being
worked on now which has like a 10y year

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probably a 15year duration.
So th this will be reviewed I'm sure uh

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within a decade or more.

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Thank you for those great questions. Um
I'm not sure that it specifies um that

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the cost of that soil test should be
um borne by the person that is will that

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is interested in using that land.
>> I don't see that specified here.

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» Yeah, that that's a great point. Um
yeah, that was a comment brought up at

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the SNRB meeting on Tuesday that I
forgot to mention. So those changes have

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not been incorporated yet. Um, I think
our plan is to uh take comments from the

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planning board and from the SNRB and
incorporate those changes into an

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updated draft to bring to the council.
So, at the SNRB, it was discussed about

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specifying who pays the cost of the soil
scientist and typically it's the

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developer or the applicant doing the
solar project who would pay. Um, so we

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can provide language that specifies that
as well. That's a great point. Any

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other questions for Sam?

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Okay. Uh, I will seek a motion to open
the public hearing.

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» So moved.
>> Seconded.

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» All in favor?
Okay. Public hearing is open. And if any

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members of the public would like to
speak, please uh come up to the

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microphone, introduce yourself with your
name and address, and you will have 5

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minutes.

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Steven Be 575 Johnson Road. I was a
member of a small drafting committee

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three years ago together with members of
other members of the public and staff

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members who did uh the complete overhaul
of the Azone ordinance at that time. It

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underwent major revisions. uh and I am
in favor of these more specific and

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restrictive amendments with especially
with respect to the uh solar arrays. Uh

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the problem with solar arrays is that
they are easiest and cheapest to build

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on the very best land that is best
suited for farmland. Uh, and it's a lot

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easier to build a solar array when you
don't have to go up a steep slope

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through a bog uh or drill into ledge
with uh and otherwise utilize land

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that's full of huge boulders uh which is
uh conversely the very best farmland. So

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that's why these proposed amendments I
believe were put forth and I urge that

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they be adopted in this fashion. Uh I
have not seen the comments of the SNRB.

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I looked online this morning to see if
they were available to the public and

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didn't see them. I I'm in favor of
adopting this ordinance as presently

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presented and addressing Mr. D. Ro's
concern that this could potentially

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create a reserve uh of substantial areas
of land for time indefinite. anyone who

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wants to uh can tomorrow afternoon
gather 25 signatures and seek to amend

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the zoning map or text of the ordinance
assuming that the text of the ordinance

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remained the same. If a particular area
which I believe was Mr. Droious's

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concern was very attractive for uh
housing development and nobody had used

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it for farming for any particular period
next week, next month, next year. Uh one

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can gather a petition together for 25 uh
citizens and present that to the city

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for change of the zoning map. Or
conversely or in addition, if one wish

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to change the text of the ordinance, you
can do that by the same medium. Uh or

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the city council could initiate another
change or the planning board itself

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could initiate a change, which it has
sought to do uh very recently with

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respect uh uh to the 20,000 square foot
minimum for lot size. that proposal

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initiated with the planning board just
within the last couple of weeks. So,

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there are plenty of other opportunities
to change ordinances or maps in the

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future as the city's needs dictate. So,
I urge adoption of these amendments as

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presented. Thank you.
>> Thank you,

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» Michelle Melerano, 576 Trap Road.

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For all the land that the city upgrades
to moderate or high growth areas,

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property owners taxes will be impacted
by that. But I think it would be an

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important step to make to to make sure
that those taxes aren't substantially

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increased unless
those existing property owners build or

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subdivide or sell that property. Those
properties should be grandfathered at

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their current tax rate. Otherwise,
farmers may be at considerable risk of

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losing their land and their businesses
when property taxes increase

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exponentially, especially if they're
going from agriculture resource

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protection to high density areas.

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Regarding large solar arrays on
agriculture and resource protection

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land, if the property is confirmed to
have PAS contamination, which should

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clearly uh be determined via city or
state testing prior to any status

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changes or projects getting underway,
then that property

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should potentially be eligible by
special exception, I would assume, for

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solar. Um again, especially for
agriculture operations, this may be the

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only avenue available to farmers to
actually survive.

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Thank you. Thank you.

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Okay, seeing no one else, I'll seek a
motion to close the public hearing.

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» So moved.
>> Second. All in favor?

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Public hearing is closed.
There any follow-up questions for staff

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or anything that the board members would
like to discuss?

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Actually, that last uh reference to PAS
was an issue that was brought up at the

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uh uh meeting Tuesday night. So I think
it is a subject that should be discussed

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be providing some provision if farmland
has been

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so designated but then is found to be
PAS contaminated that that may be a

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appropriate use for that particular
parcel.

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» I totally agree with you Bob. Um,
is uh Sam, is there verbiage or talk of

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verbiage of properties that are known to
be PAS contaminated if they would be um

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how they would be handled in reference
to this proposed change?

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» Yeah. So, that was discussed Tuesday's
meeting. There's not any verbiage in

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there right now. Um, I think potentially
we could add language in there. um um

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somewhere
probably um do doing for like erosion

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control in solar and other other
language as well. Um I don't currently

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have a list of properties that have
historically had POS

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but it was discussed. Yeah. Yeah, that
was my next question is if staff has

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awareness of what and where we have
significant PAS issues within City of

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Auburn.
But anyway, I'm Thank you so much for

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the public for bringing that up. That's
an absolutely outstanding point.

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If a property is contaminated with PAS,
that's a fact.

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they the the property owner would not
have to get a special exception

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in order to put solar on that property.
I would assume like you if you've

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already proven that your property is
contaminated by the POS,

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you are now considered I would assume
you're now considered no longer in

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statewide importance because you've got
PIFA. So, you wouldn't have to do you

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wouldn't have to get a special
exception, I would think, in order you

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could just you could just do it. Is that
right?

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» That's what I was getting to with
whether or not there's verbiage in this

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section because we would need to have
that to go by.

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» Um, out of curiosity,
does anybody know if

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the the any properties in Auburn that
are contaminated with PAS that that's

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known? Is that all farmland or is some
of it now maybe has been grown in and is

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now forested? Does that question make
sense? Do we know? I'm just curious.

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» Yeah, I don't know for sure. I I suspect
most of it is farmland,

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but I can't say.

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Do you know if the criteria that would
designate it prime farmland um

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would negate um that designation if
there were PAS found on the property? Do

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we need an exception process or are you
not prime farmland if it's contaminated?

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I mean, if it's contaminated, you're
you're not I mean, they would the

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scientists would check all those things,
but um yeah, I'd say it would no longer

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be in those categories.
>> So, in that case, an exception wouldn't

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really be needed. It just that would
remove it from that designation.

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» It would. Yeah.
>> Okay.

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» But just as a followup, is farmland now
mapped? Are there areas now that are

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identified as the farmland?
>> There are uh the the statewide maps

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which are I believe part of the the
comprehensive plan that maps prime

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farmland and farmland of statewide
importance.

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Um, so those resources, um, I believe
you can find them online on the USDA

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website,
although I think, um,

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they
they they sort of show more general

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areas in the city,

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I raised that question because I think
that, you know, the

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an established farm is probably not
going to be the applicant for a solar

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farm. So I think the solar uh entity
farm entity would have to supply or

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provide an application anyway. So I
think that it would still need to be

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reviewed by the planning board to be
sure that they through the special

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exception process it that would you know
have to be proved that that particular

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area is truly been uh compromised by
PAS.

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» Yeah. So I think um for solar projects
that go to the pling board, the

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applicant um we could include a standard
saying the applicant needs to

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demonstrate,
you know, whether there has been in the

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past contamination of POS. And I'm not
sure if the soil scientist would find

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that out or if the developer would know
from the history of the site. Um but

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that certainly can be language that we
include in here as well.

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Any

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other questions? Okay.
>> Uh

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so uh I mean just I guess kind of a
broader question. Uh

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what kind of
initiated like the whole process from at

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least that perspective of needing you
know ordinance change particularly to

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the a zone. Um just in general
>> I think um generally there was concern

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about increased development in the a
zone especially with solar projects. Um,

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initially there was talk of having a
moratorum on all solar in the a zone.

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And so I think this is a way to to defer
a lot to the USDA and the state um in

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terms of definitions of prime farmland
and farmland of statewide importance and

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be a little bit more specific and then
just have stricter protections in place

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and more clear language in place. Um uh
cuz right now it's it's for homes, you

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know, avoid being cited on essential
habitat and soils is kind of vague. Um

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but that's broadly speaking the reason
why they wanted to do these changes.

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Yeah, I'm just uh I know looking at it
from a bird's eye view that uh of course

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the city's going through its comp plan
uh and updating that in terms of

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community input of what the people of
the city want their the city to look

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like. And um yeah, I just think you know
it seems a little more reactionary in

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terms of something that an issue that
really I don't really see necessarily. I

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know that we had a project a couple
months ago, a couple months back where

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we uh it was prime I mean it was stated
as prime farmland of statewide

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significance and they ended up putting
that solar far solar array there and

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they were renewing their uh approval
from the planning board and uh and I

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could see in that particular instance
like there's a need for restricting the

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type of development that happens out in
farmland and in the egg zone. So, uh, I

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just think that in terms of like
comments for the city council, they

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really do have to try to strike that
balance of,

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you know, resource protection, what the
a zone was meant to be for, like

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protecting our natural resources,
protecting our heritage industries, but

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at the same time not do it in a way that
stifles,

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you know, the potential of Auburn's
growth. That makes sense. And I don't

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know if people in the board share that
opinion, but uh I think that's a very,

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you know, fine balance to to walk
>> in terms of this ordinance.

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You know, I think it it does it pushes
Auburn in one direction and and and

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doesn't really do balance to it. That
makes sense. Mhm.

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» Actually in a way
u allowing soft farms on some farmland

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is actually helping the sustainability
of some farms. U again I if there are

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some marginal areas that can't truly be
farmed. farming industry you know uh is

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a difficult industry. So solar farm uh
does provide an income to a farm

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activity which might uh maintain that
activity on land uh contingent to the

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solar farm. So I think that you're right
there needs to be a balance. We don't

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want to infringe upon the true usable
farmland, but farmland for solar farm

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use is helpful to the farm farm industry
as well.

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Any other questions or points for
discussion?

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Okay. Are you seeking a motion from the
planning board or are you just gathering

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our thoughts and comments to take back
to the city council?

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00:26:09,600 --> 00:26:18,799
» Um, I'm not seeking a vote tonight. I
think we're just taking comments. Um, so

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if the board has any, I guess, final
statements on their sort of endorsement

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or support of the changes or any
comments we should incorporate as we

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take it to the council, I would make a
note of that as well. Um, but you can

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make a motion to authorize it to go to
the council with pending comments from

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both SNRB and the planning board. That'd
be my suggestion.

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» Okay.
>> Anyone like to make a motion?

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» To me, that was well stated. I would put
that into writing and I would uh suggest

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that as a motion

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I'd like to include. Um
a recommendation to city council to

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include provisions per feet po for PAS
contaminated soils and how those are to

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be handled in reference to these
proposed revisions.

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» Bob, would you like to amend your motion
to include that?

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» Accept that language as well. Thank you.
>> Do we have a second?

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» Second. All those in favor?
Motion carries.

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All right. Uh that brings us to the
public comment section of our agenda. If

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any members of the public would like to
comment, uh please come up to the

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podium, state your name and address, and
you will have five minutes.

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» It's your time, Steve.
>> What I had to say

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more of your time.
>> All right. Uh, miscellaneous. Does

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anyone have anything they want to
discuss?

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out of t Tuesday night's meeting
sustainability

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it was a good discussion and we were
presented uh by the comprehensive

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planning committee uh a a preview of
what might come before us

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we all should spend some time and go to
review some of the topics that have been

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discussed USS
you know I think because of some state

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directives we're really looking at the
identification of low growth modic

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growth high growth
uh

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and the high growth is indicated in red
there's some major areas that are in red

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that are uh uh I think need to be
scrutinized so I think that this will be

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going to the public. There'll be some
public sessions uh you know individually

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we may want to speak but this will be
coming to the planning board for then uh

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public hearing.
So I think we all need to kind of come

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up to speed and uh take a very careful
look.

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» Thank you. Well,
>> yeah. Uh I just wanted staff uh for some

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of the questions that at least the board
had if you could go back to council with

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those like u terms of I think I asked
for like a percentage. I mean

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justformational kind of thing. I mean,
I'm sure the council will do their

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homework, but um to really like I think
it was the percentage of what percentage

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of the a zone is
is prime farmland of statewide

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significance and how how how will it
affect um how it will affect them? So,

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» yeah, I can definitely bring that to
council.

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» Anyone else?
All right. Seeing none, I will seek a

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motion to adjurnn.
>> So moved.

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» Second. All
>> in favor?