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02/17/05

Proposal to allow building of affordable housing on undersized lots deferred to council workshop

A zoning ordinance amendment that could facilitate construction of affordable housing in Cape Elizabeth will go to a workshop of the Town Council for further study.

Typically the council refers such amendment proposals to their ordinance subcommittee, but the complexity of a proposal to allow development of undersized lots, with the stipulation that the resulting single-family home is affordable, prompted councilors at their Feb. 14 meeting to set the topic to a future workshop.

"I don't think this is ready to go the ordinance committee," said Councilor Carol Fritz, who moved to send the proposal to a workshop instead. "I think there are a lot of issues we need to think about."

Her motion to send the topic to workshop was unanimously supported by the council.

The proposed amendment would allow development of lots that are between 7,500 and 10,000 square feet in sewered areas, provided that the resulting home is affordable to low- or moderate-income buyers.

Currently the minimum lot size for development is 10,000 square feet.

The proposal first came to the council in October, when John and Barbara McFarland, owners of a 7,981 square-foot lot on Stone Drive, petitioned for an amendment. The council referred the proposal to the Planning Board, which recommended the amendment by unanimous vote following a public hearing Jan. 18. Click here to view Planning Board minutes (Adobe's Acrobat Reader is required )

However, Councilor Mary Ann Lynch said she watched the Planning Board hearing and did not view the recommendation as endorsement by the board. "It was clear the board recognized a lot of policy issues," Lynch said at the Feb. 14 council meeting. "I didn't view it as a whole-hearted endorsement, but rather, something we should look at," Lynch said.

In a telephone interview, council Chairman Anne Swift-Kayatta said called the undersized-lot development proposal a complex issue, one that could be studied more efficiently with a full council workshop than through the three-member ordinance subcommmittee.

Wetland buffer reduction amendment sent to ordinance committee

Also at their meeting Feb. 14, the council did refer to the ordinance committee a zoning ordinance amendment that would allow the buffer around a critical wetland in the BA business district to be reduced from 250 to 100 feet.

The Planning Board also unanimously recommended the proposal to the council, but some councilors opposed the proposal enough to consider killing it Feb. 14. Councilor David Backer said his recommendation would be to vote against the amendment immediately, especially since the business owner who proposed the allowance no longer required it.

Councilor Jack Roberts said he also opposed the amendment because it excluded residential properties, a view shared by Councilor Carol Fritz. Fritz also pointed to the care with which the wetlands regulations were drafted. "I think we need to discuss the implications of it," Fritz said.

The Conservation Commission, which was asked to provide input, recommended against adoption of the amendment.

The proposal would add a fifth exception to the zoning ordinance requirement for a 250-foot buffer around a critical RP-1 wetland. Currently the ordinance allows the buffer to be reduced to 100 feet if:

  • The area is in a sand dune
  • The critical wetland is less than 2 acres
  • The area is densely developed
  • The site is separated topographically from the wetland, for example by a ridge or berm.

Councilor Paul McKenney cited the Planning Board's unanimous recommendation and favored referral to the ordinance committee. "Just because one citizen or a small group of people aren't knocking down the doors to get something done is not a reason to deny it," McKenney said.

The council vote was 6-1 to send the amendment proposal to the ordinance committee, with Fritz opposing.

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