By Ward Peck

Editor

    Cape Elizabeth is not a peninsula, but from a
transportation perspective, it may as well be. While Cape Elizabeth
shares significant borders with both South Portland to the north and
west and Scarborough to the south and west, there are few opportunities
to drive from one municipality to the next for large portions of those
borders.

    If Cape Elizabeth is the transportation equivalent
of a peninsula, the isthmus would be its northern border with South
Portland, bracketed by Sawyer Road to the west and Cottage/ Shore Road
to the east.

    It is the area between Sawyer Road and Shore Road
that contains a large portion of the town’s most densely populated
neighborhoods or what the Zoning ordinance refers to as the town’s
“built up” areas.

    Since the existing Comprehensive Plan went into
effect in 1993, it has been the town of Cape Elizabeth’s policy to
direct development within and adjacent to these built up areas. By
directing development where it already exists and discouraging new
development where little already exists, the town seeks to maintain the
overall “community character,” residents say they value.

 That policy has been surprisingly effective.

    While only 16 percent of the town is zoned as growth
areas (either RC for existing neighborhoods and RB for those outside
built up areas), according to Town Planner Maureen O’Meara, between
1998 and 2006, 92 percent of the development occurred within the
designated growth areas or immediately adjacent to existing
neighborhoods.

    This has been accomplished with mechanism such as clustered housing and open space provisions.

    As these policies have succeeded, their chances of
further success are reduced as the amount of available land diminishes.
As a result, the committee charged with updating the town’s
Comprehensive Plan recommended several changes to the land use zoning
ordinance be included in the updated plan. Those changes would allow
higher density thresholds in those growth areas.

    “Cape Elizabeth has approximately 518 acres of
undeveloped land in the RB District, the zoning designation for growth
areas. If the current zoning density is maintained, and assuming a
development efficiency rate of 50 percent, the undeveloped RB land
could accommodate 376 new units,” according to page 147 of the draft
plan available on line
(www.capeelizabeth.com/news/comp_plan/Draft_Comp_20070714.pdf) Based on
the projected growth of 330 units between 2007 and 2020, the existing
growth areas should be sufficient to absorb new growth and designation
of additional growth areas will not be necessary. In addition, some
infill growth is expected to be accommodated in the RC and in or
adjacent to existing neighborhoods. If the RB District density is
increased, the amount of land currently zoned RB may be sufficient to
absorb new growth through the year 2030 without designating new growth
areas.”

    When the Town Council meets on Monday (Sept. 10) to
gather public comments about the proposed Comprehensive Plan update,
the councilors are likely to hear from residents who believe these
areas are built up enough.

    According to the draft plan, while 16 percent of the
town falls into the growth districts, overall 66 percent of the town is
zoned for residential development.

    The other 50 percent of residential zoned land is
within the RA district, which requires a minimum lot size of two acres.
The draft plan recommends maintaining the low-density requirements on
RA designated property.

    At the same time, the plan recommends increasing the
density in the RB districts (outside existing neighborhoods) where
public sewer is available, “from 30,000 square feet to 20,000 square
feet per lot.” (Page 152)

    The higher density would be allowed only under
provisions of open space zoning, which gives developers incentives to
build residential units close together, leaving more land undeveloped
as “open space.”

    The higher density would require developers increase
the amount of open space from 40 percent to 45 percent of the
subdivision.

    The plan also contains a recommendation to
“eliminate the cap on the number of units per building allowed for
multiplex developments located in the RC and RB Districts” (Page 152).

    The recommendation also contemplate changing the
current building height limit of 35 feet height limit; reducing minimum
lot sizes for multiplexes in RC districts (within neighborhoods) from
five acres to three acres and eliminating minimum lot sizes in the RB
district (outside neighborhoods).

    The increased density allowances and height
restrictions recommended for multiplex development would be partnered
with a mechanism intended to encourage the preservation of farmland and
other open space.

    Under the provision, an owner of a lot of land can
sell his development potential to another. “The receiving lot can then
be developed at a density equal to both the sending and receiving lot”
(page 150). Further density bonuses could be granted if the development
is targeted for residents 55 years or older.