By Nate Jones

Staff Writer 

You won’t find yourself pulling up to any dollar menu drive through windows in Cape Elizabeth any time soon if local residents have their way.

Although miniscule in area, the two Business “A” (BA) zones in Cape Elizabeth have been a topic for discussion for residents and town officials this month, as the planning board prepares to overhaul the ordinance. The update could include changes to setbacks, design standards, permitted uses and many other stipulations.

A number of residents taking part in meetings have said they are strongly opposed to the development of anything resembling a bar or a fast food restaurant in Cape Elizabeth.

Restricting a business’ hours of operation and prohibition of drive-through windows could be a positive step in attracting locally owned businesses, they say 

“This needs to be not a destination business zone, but a neighborhood,” resident Drew Buckley said. 

Some said they would prefer the new ordinance discourage the development of franchise-based businesses in the zones. 

“I don’t want to see a convenience store that could be part of ‘Everytown, USA,’” one resident said.

Suggestions for permitted uses within the zone included a computer repair store, home office space, hair shops and businesses similar to the former Cookie Jar pastry shop. 

“The demographics of Cape Elizabeth don’t accommodate large formula businesses, it’s very much a neighborhood,” Commercial Real Estate Broker Andrew Ingalls said. “The zones are so small, they are going to be food oriented or professional personal services businesses. It’s more determined by the demographics than what we want.”  

Several residents expressed their desire for the ordinance to restrict the availability of alcohol by “tightening up the definition of a restaurant.”

While slowing traffic with new lights and enforcement techniques could make the two areas more pedestrian friendly, residents said they did not believe sidewalks would improve access.

“I walk [Route 77] all the time, and speed is a major issue, but we already have the bike lanes; there’s no sidewalk necessary,” Joe Foley said.

While many were in agreement that the new ordinance should encourage the development of a village type of neighborhood in the two areas, some said they were afraid of making the ordinance too restrictive by including specific design standards for future buildings.

“Let’s not be so over-regulated that small business get dragged away,” Ann Perino said.

Resident Drew Goldberg said an effort should be made to coordinate with South Portland ordinances to ensure the continuity of developments in zone along the city’s border. O’Meara said the South Portland ordinance was largely based on Cape Elizabeth’s BA zoning, which could result in the two areas looking similar.

“We should consider what’s in South Portland all the time,” Goldberg said. “Use your judgment and make it look good.”

South Portland City Councilor Maxine Beecher, who is leading the city’s Zoning Improvement Committee, said although she would be surprised to find South Portland had collaborated with other municipalities in forming their business zoning ordinances, maintaining continuity between neighboring communities was an issue the committee planned to address.

“We really haven’t gotten to that point yet,” she said. 

Discussion of the Cape Elizabeth ordinance was preceded by the planning board’s decision to delay voting on a proposal to reduce wetland setbacks within the zone until after experts update the location of any existing wetlands. 

“They tabled everything until May 20,” O’Meara said, referring to the planning board.