Town Of Cape Elizabeth
Cape Elizabeth News

10/18/04

Two ideas for zoning changes go to the Planning Board

Two ideas for ordinance changes that would make it easier to build in town were refered to the Planning Board last week by the Town Council.

The Town Council on Oct. 13 referred to the board a request to amend the zoning ordinance to allow building of single-family homes on smaller lots in sewered areas. The second proposal ,to reduce a wetland buffer in the BA business district, was also referred to the board.

In both cases, the majority said they were forwarding the citizen requests to the board for review and recommendation only, and that no final decisions had been made.

The first request, submitted to the Town by John and Barbara McFarland, would allow construction of a single-family home on their 7,981-foot lot located on Stone Drive, formerly Angel Terrace.

Current minimum buildable size for older lots in sewered areas is 10,000 square feet.

"The McFarlands understand that the Town has considered over the years possible amendments in the text of the zoning ordinance to allow similar small lots to be built upon on an 'in-fill' basis," Attorney William Dale said in a letter to the town manager on behalf of the couple.

The lot was created many years ago, when the minimum lot size was different, his letter says.

While the topic of smaller minimum lot sizes has come up in council workshops, one councilor said she believed referral to the Planning Board at this point was premature. "I just don't know how big the impact would be," said Councilor Carol Fritz, who voted against the referral. More details, such as how many lots might be affected, and whether the change is more of a political matter for the council than a technical one for the Planning Board, should be determined, she said.

Board to also consider request to reduce wetland buffer in business district

In another contested vote Oct. 13, the council referred to the Planning Board a request from a town business owner to reduce the buffer required between a building and a RP-1 critical wetland in the BA business distirct.

The council voted 5-2 to refer the request from Mary Page, owner of the Two Lights General Store, 517 Ocean House Road, to reduce the wetland buffer in the BA district from 250 feet to 100 feet, providing the building has Town water and sewer.

The buffer "does not allow any new structures and limits expansion of our existing structure to a 25-percent foot or volume increase," Page said in a letter to the council. Allowing a 100 foot buffer in the BA district would help keep businesses in a compact area of Town, she said.

Other businesses affected include St. Bartholomew Church, the Good Table Restaurant, the Bowery Beach Schoolhouse (Lion's Club), Jordan's Agway and the Antique Hut, Page said.

Currently the zoning ordinance allows reduction of the 250 foot buffer to 100 feet if:

1. There is a topographical divide between the wetland and the proposed development that allows drainage away from the wetland; or

2. The wetland is within 250 of densely developed areas; or

3. The wetland is 2 acres or smaller; or

4. The wetland is a coastal sand dune.

The proposal would add a fifth allowance for reduced buffer for buildings in the BA district served by Town water and sewer.

Fritz voted against the referral, recalling the extensive research on soil conditions that occurred at the time the wetland buffers were established. "I'm really concerned about what we are talking about here," said Fritz. "I just think this is a bad proposal and could have bad implications all over town."

Also voting against the referral was Councilor Jack Roberts, who said that if a buffer reduction is considered for a business district, it should be considered for residential areas as well. Councilor Mary Ann Lynch said that she saw the proposal applying to any structure in the business district, whether residential or commercial.

The 250 foot buffer is a Town requirement and in this case is not governed by state or federal regulations.