The Planning Board nixed its Streamlined Development Review Process on Monday, over a month before the moratorium on the process was set to expire.

The board voted unanimously to scrap the town zoning law that allowed for a faster development review process while introducing additional changes, including one that will allow the board to require construction oversight. The decision was then approved unanimously by the Town Council, with an amendment to standardize the distance at which notices are sent out to residents for major projects.

“With streamlined development, applicants were going through the whole process in 21 days, and the challenges really came down to staffing,” Land Use Planner Natalie Thomsen said at the joint public hearing.

The Streamlined Development Review Process, which was placed under a 180-day moratorium on March 4, allowed developers to only undergo one Planning Board review. Thomsen wrote in a memorandum to the town that the streamlined process was used for “large and complex projects,” like multifamily housing projects, that strained resources within the Planning Department.

Thomsen also noted in the meeting that in 2023, the Planning Department received seven applications in about a two-month span. With such a quick review timeline, she and Deputy Director of Planning & Development Julie Erdman said the process burdened staff and did not allow enough time for community engagement on projects.

Erdman said that the process “allowed opportunities for error” and gave an impression of a rushed process.

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District 7 Councilor Steven Weems and District 4 Councilor Sande Updegraph expressed support for the move. During the final council vote, Weems amended the proposed changed to include a requirement for notices to be sent out to neighbors within 300 feet of a major development.

The change comes after the Zoning Board struck down the final argument in an appeal against Wilbur’s Woods, an affordable housing development scheduled to break ground this summer on McKeen Street.

One of the arguments in the appeal, which was filed by Brunswick resident Chris Teel on behalf of neighbors of the development site, was that the “fast-tracked” review process was unmanageable and led to “questionable decisions and approvals.” The same argument, just one of 13, also stated that the process stressed the town’s infrastructure, “subverting” the will of Brunswick residents in the name of solving a “government created housing crisis.”

What has changed?

Monday’s amendments were made in Section 5, which deals with the administrative side of the town’s zoning laws. Aside from getting rid of the streamlined review option, the Planning Board also made changes that it said would enhance the review process.

Here’s a rundown of the most significant revisions to the general development application process:

• Voting members will be added to the Staff Review Committee.

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The Staff Review Committee, which essentially acts as the first line of review for project proposals, will extend voting rights to the deputy director of planning, town engineer, land use planner, economic development director and town arborist.

The move incorporates positions that already exist, according to the Planning Department, often sit in on these meetings.

• The SRC will have more power in its review stage.

The SRC can now request edits and resubmission of development applications prior to the Planning Board review stage. The SRC cannot, however, require a development application to return to its review more than once prior to finalizing approval.

The SRC can also now request more peer reviews, such as additional stormwater or traffic studies, for any project. This was previously only allowed at the Planning Board level.

The director of planning and development can also send projects back to SRC if between SRC approval and the Planning Board meeting the project makes significant changes.

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• The Planning Department can require construction oversight.

The director of planning or the town engineer is now authorized to require a state-licensed engineer to oversee compliance with approved plans during construction. This includes abiding by wastewater and road plans. This new oversight, if required, includes regular site inspections and reports to the town. The law also states that developers who deviate from approved plans substantially may receive a stop work order, fines or other penalties until they are again in compliance.

Based on the new ordinance text, this requirement could come as a condition for plan approval. The fees for inspection costs will become the developer’s responsibility and must be paid prior to starting work.

The oversight requirement would not be applicable to already approved projects, such as Wilbur’s Woods, Erdman said.

While the previous zoning law allowed the Planning Department to do some inspections of landscaping, amenities, building permit inspections and more, the remainder of compliance oversight was up to the applicant, Erdman said. She added that the department would address complaints and issues if they came up.

To view additional changes to the zoning laws, visit brunswickme.gov.

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