By Amanda Estes

Staff Writer

“If the town wants to preserve that rural character – you need to save
large pieces of land intact. Having small strips behind lots, having
bigger yards that are still part of landscaped areas, doesn’t give you
that rural character.”

 That was Cape Elizabeth Town Planner Maureen O’Meara's stance as she addressed  the town council on Oct. 10.  

The council unanimously approved the Comprehensive Plan, crafted by the
implementation committee over the course of 29 meetings, which will
serve as the town’s mission statement for at least the next 10 years.

Several members of the council said the plan’s recommendation for
increased density continued to be a source of confusion for residents,
who feel the concept is at odds with preserving open space and the
town’s rural identity.

“Many people have contacted us and expressed a high level of concern
about it and nobody contacted us and said, ‘I think it’s a great
idea,’” said Councilor Sara Lennon. “I’m sitting here wrestling with
what to do.”

Changes to the town’s zoning ordinances will be required to conform to the plan.

Mary Ann Lynch, a member of the Comprehensive Plan implementation
committee, said a vote to approve the plan was not a vote to
immediately change the town’s existing land use ordinances.

“This is a concept, a vision,” she said. “Everything would still require a subsequent change in the zoning ordinance.”

Lynch said, as with any change in zoning ordinances, the public would have several opportunities to offer input.

The updated plan requires increased density in the RB district (growth
areas outside existing neighborhoods), where public sewer is available,
from 30,000 square feet to 20,000 square feet per lot. The open space
requirement for developers will need to be increased from 40 percent to
45 percent of the subdivision.

A cap on the number of units per building allowed in multiplex
developments in the RB and RC (existing neighborhoods) districts will
need to be eliminated. There will also be a reduction in the minimum
lot size required for multiplex housing in the RC district from five
acres to three acres.

The intent of the plan is to direct the projected 330 residential units
to be built between 2007 and 2020 to the RB district, which constitutes
7 percent of town land, instead of designating new growth areas.

Lennon said residents do not necessarily want more open space at the
expense of more crowded neighborhoods. She also said residents have
questioned why an area consisting largely of wetlands and marsh was
chosen as a high growth area.

Cape Elizabeth Town Council Chairman Paul McKenney said the council
received several emails from residents concerned about density, who
seem to think the town is promoting growth rather than directing
growth. He said from the emails he has received, most people who are
against an increase in density, do not understand what the plan is
calling for. McKenney said initially, he also had difficulty
understanding the difference between density and lot size.

“I would say people who really think and believe that they are
environmentalists and they care about open space and they want
intelligent development and they want reasonable taxes or low taxes and
a future of lower costs, would support this once they understood it,”
McKenney said.

Among the environmental benefits of clustered development including
reductions in driving and pollution, McKenney said compact development
is less expensive to serve and can result in a cost reduction between
12 and 20 percent in maintenance and operating costs, according to a
Brookings Institution report.

Councilor Anne Swift-Kayatta said the council has heard from 15
different “households” with questions about density, but said residents
should take note of the Cape Elizabeth Land Trust’s approval of the
plan.

“I think people in town can have confidence that the land trust does a
really excellent job of being watch dogs on everything that’s going on
in town about environmental and land use issues,” Swift-Kayatta said.

SIGN ORDINANCE

Amendments to the town’s sign ordinance, approved by a vote of 6-0,
will give the town “more teeth” to discourage excessive signage in
town, said Cape Elizabeth Town Manager Michael McGovern.

 Effective on Nov. 10, the ordinance will grant the authority to
remove signs to designees of the code enforcement officer, providing
more avenues of enforcement.

The revisions to the ordinance define a permanent sign as “any
structure, display, logo, device or representation...in place for a
period that is longer than 30 days.” In regard to yard and garage
sales, “no property may have such signage advertising such sales more
than three times per calendar year.”

The town manager or a designee must also approve any temporary signs on
municipal property or along the right of way next to town property. The
town will also not be responsible or liable for removed signs.

David Backer did not vote in favor of the amendments, citing the
potential for loopholes in some of the ordinance’s definitions,
including the definition of temporary sign, which is defined as a sign
erected for “a short, fixed period of time.”

INDEPENDENT

DISTRICT

McKenney’s announcement that the Cape Elizabeth School District will
remain independent drew a round of applause from fellow members of the
council.

McKenney said he spoke with School Board Chairman Katharine Ray and
Superintendent Alan Hawkins prior to the Oct. 10 meeting and he learned
the school had received approval from the Maine Department of Education
earlier that day.

Council members thanked those involved in the process, in particular
fellow Councilor and State Representative Cynthia Dill, who helped
draft the “high performing, highly efficient” exception, which Cape
Elizabeth qualifies for.  The clause exempts school systems with
less than 2,500 students from the consolidation law provided the system
contains at least three schools considered “high performing” and spends
no more than four percent of per pupil expenditures on administration.
 

“In Cape Elizabeth, we have what we call a one town concept and it’s
pretty unique compared to most communities,” said McKenney. “We share
many positions between the school system and the town so there’s a lot
of overlap – and if we were to consolidate, it would be very expensive
for the town of Cape Elizabeth, both on the school side and the
municipal side.”

In a letter, dated Oct. 4, Commissioner Gendron said Cape Elizabeth’s
per pupil expenditures for system administration were 3.1 percent,
according to an audit of Cape Elizabeth’s reported 2005-06 figures.

Councilor Anne Swift-Kayatta said while “the fight is won for this
year,” Cape Elizabeth “may have to fight the battle all over again” in
the future.

Swift-Kayatta said during a Maine Municipal Association convention
earlier this month, where Maine Commissioner of Education Susan Gendron
was also in attendance, she perceived there would be an effort to
change the “high performing, highly efficient” exception.

“I would say eternal vigilance may be what we have to make sure we’re
doing,” Swift-Kayatta said. “The state DOE [department of education]
does not appear to like that high performing, cost efficient exception.
They like consolidation for some reason.”

On Tuesday, Hawkins said pieces of the legislation will likely be
revisited, as people around the state are drafting bills and offering
suggestions. He also referenced an effort by Washington County
officials to repeal the consolidation law.

“It’s a very new legislation – there’s no question about it,” he said.
“I think there are all kinds of questions out there based on what’s
happening in your own community.”

Hawkins will now begin work on an alternative plan, which must be
submitted to the Maine Department of Education by Dec. 1. He hopes to
present a draft plan to the school board at its Oct. 23 workshop.