Courtesy photo / Cape Elizabeth Town Hall.
CAPE ELIZABETH – Proposed amendments to Cape Elizabeth’s ordinances, mandated by the state to facilitate increased housing opportunities, were discussed during a town council workshop on Nov. 1. Some councilors expressed objections to the some of the suggested revisions, while others emphasized the need for compliance with state law.
Penelope Jordan, council member, said that short-term rentals were also high on the list of public concern. She said, “we work to have significant public comment in drafting an ordinance. It is a difficult balance.”
In the Oct. 25 meeting, the Ordinance Committee voted 3-0 in favor of sending the LD 2003 amendments to the town council for further consideration. The LD 2003 amendments primarily pertain to two key areas: affordable housing density and dwelling unit allowance. The amendments aim to align the town’s regulations with the legal requirements set forth in LD 2003. LD 2003 is designed to reduce barriers to the construction of multi-family and affordable housing in Maine. The town is actively striving to meet the legal requirements of the legislation.
The revisions include changing density constraints for select affordable housing projects, permitting an increased number of accessory dwelling units (ADU) on single-family properties, and reducing parking requirements for multi-family developments. The changes are intended to create more housing opportunities in the town. One public comment by Al Romano was a question about whether or not there would be restrictions put on building materials for ADUs, questioning if building an ADU from a shipping container would be allowed. Several members at the meeting said that those issues would have to do with the building code.
Councilor Susan Gillis raised objections to one of the proposed changes that would allow property owners meeting lot size and setback criteria to construct up to three additional units on a lot originally zoned for a single-family home. She expressed concerns that this could lead to the demolition of single-family homes and their replacement with four-unit apartment complexes. “If I were living next to a potential situation like that, I would be highly concerned,” Gillis said. “If a single-family home is torn down for redevelopment, it should be replaced with another single-family home.”
Others in attendance pointed out that is not what is written in LD 2003. Jordan agreed with Gillis that government overreach needs to be mitigated. Everyone agreed the law must be implemented.
Councilor Caitlin Jordan pointed out that although there may be technically qualified lots in the town, they are in short supply, and it appears improbable that numerous residents would entertain the idea of demolishing their homes to construct additional units. She also said that the proposed changes are in line with the rules set in place by LD 2003.
Councilor Tim Reiniger suggested that the town should aim for the minimum requirements outlined in LD 2003, while Councilor Gretchen Noonan expressed a desire for the Ordinance Committee to be more proactive in its proposals.
“My concern is that the proposed zoning changes, by enabling the creation of 1300 apartments, will turn Cape Elizabeth into a rental community,” Reiniger said. “This policy reflects the expressed goals of GPCOG, which recently requested a donation of $50,000 from Cape to support the creation of permanent transitional housing for immigrants. GPCOG also directly supported the Ordinance Committee’s policy approach to the zoning changes and was paid to lead the recent public forum. And, all of this is being advanced without the costs being revealed to the taxpayers.”
Reiniger said the amendments have “gone beyond” what was required and rraised questions about the involvement of the Greater Portland Council of Governments (GPCOG) in a recent town forum regarding the state mandate. Reiniger said people have been asking him if these decisions being made were for greater Portland’s needs rather than the needs of Cape Elizabeth. “We are here for the Cape,” Reiniger said. The response from other council members was that Cape Elizabeth is part of the greater Portland area.
Town Planner Maureen O’Meara said they hired the consultant because he has extensive experience working with various communities on LD 2003, having been engaged by GPCOG’s Metro Regional Coalition to conduct a comprehensive regional study. The coalition comprises town and city managers, council chairs from Cape Elizabeth and other parts of the greater Portland area.
The council is scheduled to conduct a public hearing on the amendments on Nov. 13.
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