By Amanda Estes
Staff Writer
The major intersection at Cape Elizabeth’s town center presents a dilemma of competing needs in limited space said Maine Department of Transportation (MDOT) Assistant Program Manager Todd Pelletier.
MDOT officials presented preliminary plans for improvements and a traffic signal at the intersection of Route 77, Scott Dyer Road and Shore Road during a Sept. 19 public hearing.
Ten members of the audience – a mix of residents, town councilors and business owners – took advantage of the opportunity to ask questions and provide input on the proposed design. The MDOT will likely also attend a public design workshop, which had not been scheduled as of press time.
Public comments reflected a need to improve safety and efficiency within the intersection while preserving the feel of a rural town center. Property owners questioned how right-of-way acquisitions would affect their land while other participants pointed to improving pedestrian and bicycle accessibility as a top priority.
“You have so many [needs] and there’s only so much physical space,” said Pelletier, who was representing MDOT Project Manager Shawn Smith. “A lot of consensus building is going to have to occur.”
As of Monday, Smith said project costs are estimated to be $880,000. The Portland Area Comprehensive Transportation Committee (PACTS), the metropolitan planning organization for the Portland region, has allocated a combination of federal, state and local funds for the project.
As a PACTS project, Pelletier said the MDOT looks to that body and the community for direction. If the project were to go out to bid in the winter, Pelletier said it could be complete by next fall.
“There’s no reason this can’t be done in one season,” he said.
Pelletier said the plans were generated from recommendations in Cape Elizabeth’s 1993 comprehensive plan and a 2003 traffic plan by Wilbur Smith Associates.
The preliminary plans call for the realignment of Scott Dyer Road and Shore Road, currently offset by 110 feet, to allow for straight-through movement, said Jonathan French, MDOT project designer.
The plans also call for a traffic signal and a left turn lane onto Scott Dyer Road from Route 77, designated by a concrete island, one inch in elevation, stretching north from the town hall to Jonesy’s service station. Two triangular, slightly raised concrete islands will be constructed within the intersection to calm traffic. Sidewalks and pedestrian crossing locations have yet to be determined.
Although the plans did not reflect driveways, slope lines or right of way lines, some property owners expressed concern about the project’s impact on their land.
Jonesy’s owner, Greg Jones, said if the improvements affect in and out access to his business, his customers will go elsewhere. Jones said he has made a “major investment” to stay in the area for the next 10 to 15 years. At a Sept. 18 planning board meeting, Jones received approval to convert his gas and service station into a gas and convenience store center.
“I’m not sure a project of this magnitude is needed,” he said of the intersection plans.
Jones also said he wasn’t convinced the intersection needed a traffic signal. He said narrower roads and raised crosswalks might have comparable traffic calming effects.
Shore Road resident, Everett Johnson, who also owns commercial property on Shore Road and Ocean House Road, questioned whether the improvements were really necessary in light of the potential taking of property.
“My properties have given up a lot already,” he said. Johnson also expressed concern about the area’s old growth trees, particularly a 300-year-old tree on Ocean House Road, measuring 157 centimeters in diameter.
While Pelletier said MDOT approaches every project with the intent of saving as many trees as possible, he said “strip takes” may be needed and utilities may need to be pushed back. He said many municipalities, when improving town centers, consider burying utilities underground.
Cape Elizabeth Town Manager Michael McGovern said all of the discussions with MDOT had been focused on maintaining the character of the area, including preserving the trees.
Mike Danforth, of the MDOT, said the plans “take advantage of the existing right of way to the degree possible.”
“We want to be particularly sensitive to any acquisition that may cause more of a burden on the property than they currently experience,” Danforth said.
If acquisitions are need to allow more room for turning, pedestrian traffic or capacity within the intersection, abutters will have the opportunity to participate in an appraisal process to determine the value of their property, Danforth said.
If property owners do not agree with the compensation, they are granted a 60-day window for further negotiations. After that period, the property owner would have to go through an appeals process. 
By state law, the MDOT is required to compensate property owners for the square foot unit value of their land and for additional improvements to the property such as stone walls or other landscaping.
Town Councilor Sara Lennon said the proposed plans, with wide shoulders and concrete dividers, would cause the area to look more like a “divided highway” than a rural town center. Lennon suggested adding plantings to the dividers and said “people may compromise on efficiency for beauty.”
Mary Ann Lynch echoed her fellow councilor’s statements about maintaining the area’s rural character. She said the intersection’s proximity to schools poses a safety risk.
“There is a whole area of town where you don’t let kids walk or bike to school,” she said.
Cynthia Dill, councilor and chairman of the Roadway Safety/Traffic Calming Working Group, said the town wants to encourage pedestrians of all ages to go outside and walk.
Dill said a design workshop could further generate ideas on constructing an intersection that is “safe, aesthetically pleasing and serves the public in all ways.”