CAPE ELIZABETH – The Cape Elizabeth Town Council recently passed zoning amendments in response to the state mandate, LD 2003, aimed at reducing obstacles to new housing. The amendments, approved by a 6-1 vote, focus on easing restrictions for new housing.

The changes include reducing the minimum size of accessory dwelling units (ADUs) from 300 to 190 square feet, allowing two dwelling units on any residential lot, and up to four units per lot in a designated growth district. The town will offer incentives to developers to build more affordable housing, with greater density allowed in growth areas and reduced off-street parking requirements for qualifying projects.

The town made some changes beyond the mandated requirements, such as setting a maximum ADU footprint of 1,100 square feet, up from the previous 600 square feet allowed. Some residents expressed disappointment with non-mandated changes, arguing that the Ordinance Committee had initially committed to sticking to the minimum requirements.

Councilor Gretchen Noonan, a member of the Ordinance Committee, said, “We had received feedback from numerous residents who were holding off adding ADUs in the hope that they could build something larger than 600 square feet.”

Councilor Tim Reiniger proposed an amendment to keep the ADU maximum size at 600 square feet, but it failed. The Ordinance Committee defended the decision for the 1,100-square-foot maximum, citing national averages for ADU sizes and feedback from the Housing Diversity Study Committee’s survey.

One question concerned the removal of site plan review for small multifamily buildings. The committee explained that LD 2003 mandates equivalent review to single-family homes, leading to the removal of site plan review for small multifamily buildings under its parameters.

“Under the rules of LD 2003, small multifamily buildings must be subject to review equivalent to a single-family home,” said Penny Jordan, chair of the Ordinance Committee.

Another question pertained to the town’s current noticing requirements, which were confirmed to remain unchanged. The definition of a “teardown” was also discussed, clarifying that LD 2003 does not restrict teardowns, aligning them with existing regulations. Regarding the definition of a teardown, Town Attorney Mary Costigan said, “A lot is considered a teardown if the lot is vacant at the time the property owner seeks a building permit to build two to three units.”

The Ordinance Committee set the maximum ADU size at 1,100 square feet, citing LD 2003’s intent to create housing. The decision was supported by national averages and public opinion survey results. Despite criticism, the council approved the amendments, with councilor Nicole Boucher emphasizing their role as guardrails and chair Jeremy Gabrielson highlighting the flexibility for future adjustments based on the Housing Diversity Study Committee’s work or potential state laws.

 

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