MEMORANDUM

	TO:	Cape Elizabeth Town Council
	FROM:	Maureen O’Meara, Town Planner
	DATE:	June 26, 2008
	SUBJECT:	Comprehensive Plan Adjustments

Introduction

In compliance with state rules and consistent with a long tradition of responsible planning, the Town of Cape Elizabeth adopted a new Comprehensive Plan on October 10, 2007. This plan was submitted to the State Planning Office (SPO) on August 17, 2007 for a review of consistency with state goals. The expectation was that the review would result in some comments that would require revisions to the plan before resubmission to SPO for a determination of Consistency. Instead, SPO found the Cape Elizabeth Comprehensive Plan consistent with State goals, although they provided some comments and suggestions. At this time, the Town Council is asked to consider some changes to the approved plan with the goal to  reconcile the August and October versions of the plan.

SPO Comments

Attached is the SPO Letter of Determination, including comments from several state agencies. It should be clear that the Town is NOT required to make any changes to Comprehensive Plan submitted in August, 2007 to make the plan consistent with state goals. 

From the time the plan was submitted in August and approved in October, however, the Town Council did make some changes to the plan. (See attached summary of revisions in a memorandum from the Town Planner to the Town Council dated 9/28/07) The plan approved by the Town Council in October, 2007 will be resubmitted to SPO so the changes can be approved. None of these changes radically depart from the overall direction of the August plan and I expect SPO will again make a finding of consistency.

Since the comprehensive plan must be resubmitted to SPO anyway, it seemed a good opportunity to address some of the SPO comments at the same time. Most of the suggestions in the SPO letter have NOT resulted in changes to the Town Council approved Comprehensive Plan for the following reasons:

1.	No changes to Goals and Implementation Steps. The goals and implementation steps are the most important part of the Comprehensive Plan. Consequently, they have been intensely scrutinized, revised and fine-tuned by the Comprehensive Plan Committee, the Town Council and the Public. They should not be lightly revised or added to based upon comments from people who have not invested the same amount of effort in the Cape Elizabeth process. 

	The plan currently has 91 implementation steps. An effort was made to create implementation steps that are clearly measureable and relate directly to Cape Elizabeth. Some of the suggested implementation steps are general ideas that could appear in any town’s comprehensive plan. While some of the suggestions have merit, they can be accomplished as part of the typical day-to-day responsibilities of local government without elevating them to the level of a comprehensive plan recommendation.

2.	Duplication of information. Many suggestions would result in duplicating information in multiple chapters. At 170 pages, the comprehensive plan is already a hefty document. In order to keep the document user friendly and minimize printing costs, the drafting philosophy was to say it once and say it well. By its nature, a comprehensive plan highlights interrelationships between different functions. If you have to point out those relationships in each chapter, where will it end?

	One of the best examples of this is the repeated references in the comments to “conservation subdivisions” and clustering of development in less sensitive areas of a property. The concept of clustering is clearly addressed in the Land Use Chapter and the comprehensive plan implementation steps strongly support it. The benefits of clustering do not need to be repeated in multiple chapters.

3.	Related information. Several comments suggest that the comprehensive plan include information that is useful to educate the public. Much of this information is already readily available in State of Maine fact sheets, websites and other town documents. The comprehensive plan should be a unique compilation of data and policy statements featuring Cape Elizabeth. Much of the information referenced in the comments will be used as the town implements the comprehensive plan.

4.	Contrary to town policy. Finally, some of the comments are contrary to the direction that the Town of Cape Elizabeth has chosen. 

Proposed Amendments

The proposed changes per the SPO comments are located in the data and analysis sections of selected chapters. In most cases, changes are proposed to correct errors in the data or to add useful information. The changes are attached. The comment triggering a change is noted in the margin of the SPO comments and the changes are summarized below:

Comp Plan
Page	Revision

103	The Marine Resources Map has been changed to show the piping plover/least tern nesting habitat in a darker color.

110	More detail on the range of fish in Great Pond is added.

111	A description of riparian areas and how Cape Elizabeth protects them has been added.

115	Information has been added describing why the Spurwink Marsh and Great Pond have been moderate and high value for wildlife habitat.

117	The text has been corrected to differentiate between vernal pool general functions and the state classification system that uses the term “Significant Vernal Pools.” (The text at the top of the page is not a change, but relocated to accommodate a map insert)

118	Information on rare plants has been corrected and updated.

119	Text has been added to note that proper road construction and maintenance is needed to protect wildlife habitats.

126	A definition of “Prime Farmland Soils” and “Statewide Important Farmland” has been added.

127	The Farm, Open Space and Tree Growth tax program language has been clarified.

135	Additional archeological sites have been added to the existing list.

Next Steps

All of the changes made to the Comprehensive Plan after August 17, 2007 must be submitted to SPO for approval. If the changes described above are approved by the Town Council, then they will be added to the total package of changes. The above changes will require a Public Hearing and vote for approval by the Town Council. If the changes are not adopted, then only the changes occurring from August to October will be submitted and no additional public hearing is required. Once SPO approves the changes, the plan will be printed.