October 16, 2024
BANGOR DAILY NEWS (BANGOR, MAINE

Board again OKs homeless shelter amendment

ELLSWORTH — After a great deal of confusion, the Ellsworth Planning Board voted again Wednesday evening to approve an amendment to a zoning ordinance to allow homeless shelters in a C-1 zone.

Members of the board discovered they were discussing two versions of the amendment drafted earlier. The amendment was approved before being sent to the Ellsworth City Council.

About 20 people were on hand during the discussion.

The council deleted references to the C-1 zone before approving the rest of the amendment in January, thereby disallowing shelters in the business district where H.O.M.E. Inc.’s shelter subsequently opened in February.

Slight revisions were made to the document recently on the advice of the Maine Municipal Association, Code Enforcement Officer John Dunn explained. Some board members Wednesday were looking at the revised version, and others at the original wording.

“What’s the confusion here and what makes us all look like fools is we’re sitting here with three copies,” Chairman Larry King said, referring to the two amendment versions and a set of definitions. “It’s absolutely ridiculous.”

It was at least a half hour before the versions were completely reshuffled, photocopied, examined and differentiated so that the board members were all looking at the newer, revised version.

Changes reportedly based on the MMA’s advice included using the word “transitional” to define the type of shelter allowable in a C-1 zone, Dunn said. But the board voted Wednesday to omit the word, which they did not want in the final document because it was too vague regarding length of stay at a shelter.

Dunn said the grassy play area the board had required for the residential zone was changed to an “enclosed area” when applied to the C-1 zone, in case a grassy area was unavailable there. The board agreed that an enclosed area for a commercial-zone shelter would be adequate.

In the end, the board voted to reaffirm approval of the amendment virtually restored to its original form. That form included a provision allowing emergency overnight shelters in the C-1 zone.

During the public hearing on the amendment, former board member Arthur Holt said the original intention of zoning should be maintained, and non-conforming uses discouraged.

“I think we do need assistance for the homeless,” he said, but he did not want to see the ordinance changed.

The support for the shelter by members of the area’s clergy was expressed by the Rev. Mark Worth of the Unitarian Universalist Church of Ellsworth, and resident Sally Bell, who said the commercial zone is suited for a shelter because of services and employment opportunities in the area.

Holt said the zone was intended primarily for profit-making enterprises, but City Councilor Gary Fortier noted that non-profit enterprises, including schools and churches, were allowed there.

Fortier said he regretted the council’s deletion of the C-1 zone in the January vote. Fortier, who was elected in March, said councilors “in their dubious distinction” had chosen to exclude the zone.

The amendment to the zoning ordinance will again go back to the City Council for final approval.


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