The Scarborough Town Council last week gave preliminary approval to wetland setback amendments in a 5-2 vote following a lengthy debate from community members, developers and councilors.

The amendments, now forwarded to the Planning Board for review and a public hearing, would require new developments in town that need subdivision or site plan review to maintain a 25-foot buffer from adjacent wetlands.

Some developers who took to the podium at the Dec. 4 workshop said, if passed, the amendments would essentially take land away from property owners.

“My concern is arbitrarily adding regulations that are more restrictive than currently are in place statewide will have unintended consequences,” said Tom Dunham of The Dunham Group, which has helped develop projects in town such as Piper Shores, Walmart and the Public Works Department’s garage.

Rocco Risbara, a resident and one of the developers of The Downs project, said “I can’t look upon this in any other way than a taking.

“I don’t think it’s morally proper for the town to take that land from somebody that owns it that planned on using it,” he said. “I just have a real problem with that.”

Peter Michaud, also a developer of The Downs, said it adds up to nearly 20 acres that they won’t be able to develop, which “puts a lot of our project at risk.”

“There’s nothing here that talks about the economic impact of this,” Michaud said. “I don’t know what it’s going to cost the town to take developable land and turn it to (land) which can’t be developed or taxed.”

Other developers and some residents argued it would negatively impact the value of property owners’ land with portions of it suddenly becoming undevelopable. They emphasized that land value is largely based on what you can build, and how big you can build, on the property and it isn’t fair to take that away, whether they are a large developer or a single-family property owner.

Town Engineer Angela Blanchette and Planning Director Autumn Speer highlighted the importance of wetlands in their presentation of the amendments to the council last week. They explained that wetlands help prevent flooding, absorb wave energy from storms, remove pollution and runoff from development, and provide critical habitat. They cited that construction activity near wetlands can have a negative impact on the environment and spark changes in vegetation, habitat, groundwater and surface runoff.

Kate Borduas, a member of the town’s Conservation Commission which helped craft the amendments, said these facts cannot be ignored and the setbacks proposed can be found in communities across the United States.

“These women, these professionals, did not make this stuff up. They did not grab this out of thin air,” Borduas said. “Water management districts across the country are making these recommendations and implementations … ‘We are the only ones doing this (in Maine)’ does not make us a crazy outlier. It makes us leaders.”

Andrew Mackie, executive director of the Scarborough Land Trust, emphasized that wetlands have a sizeable impact on the environmental health of Scarborough and the region.

“Many of our smaller wetlands are the start of headwaters for Scarborough’s streams and rivers,” Mackie said. “Most of these waterways empty into our largest wetland, Scarborough Marsh. The marsh plays a critical role in the health of Saco Bay and the Gulf of Maine.”

Toward the end of the discussion, Speer noted that the new setbacks will not affect most property owners in town.

On Tuesday, Speer told the Leader that four districts – Rural Farming; Rural Farming and Manufactured Housing; Residential; and Resource Protection — already have some form of wetland setback requirements, depending on factors such as the property’s size and proportion of wetlands. Those four districts, representing approximately 82% of the town’s total land area, will either see minimal or no impact at all, Speer said.

Councilor Karin Shupe, the council’s liaison to the Conservation Commission, said she appreciates the economic concerns of developers, but is also concerned about the economic impacts if the Scarborough Marsh were to be polluted.

“Tonight, I’m asking my fellow councilors, at a minimum, to refer this to the Planning Board for further discussion,” Shupe said. “Then we can continue to have this discussion on … our priorities in Scarborough and how to move forward.”

Councilor Don Cushing said he cannot deny the benefits the buffer would have for the environment but believes the council is missing key information needed to make a decision.

“The data I’m not seeing is the cost,” Cushing said. “I don’t know how much of this wetland is out there. How much land are we taking?”

The council voted 5-2, with Councilors Cushing and Scott Doherty opposed, to give preliminary approval to the amendments and send them to the Planning Board for review.

The Planning Board is scheduled to hold a public hearing on Monday, Dec. 16, and the council will hold a public hearing on Jan. 8. The council is expected to take a final vote on the setback amendments at its Jan. 22 meeting.