By Amanda Estes
Staff Writer
“If the town wants to preserve that rural character – you need to save large pieces of land intact. Having small strips behind lots, having bigger yards that are still part of landscaped areas, doesn’t give you that rural character.”
 That was Cape Elizabeth Town Planner Maureen O’Meara's stance as she addressed  the town council on Oct. 10.  
The council unanimously approved the Comprehensive Plan, crafted by the implementation committee over the course of 29 meetings, which will serve as the town’s mission statement for at least the next 10 years.
Several members of the council said the plan’s recommendation for increased density continued to be a source of confusion for residents, who feel the concept is at odds with preserving open space and the town’s rural identity.
“Many people have contacted us and expressed a high level of concern about it and nobody contacted us and said, ‘I think it’s a great idea,’” said Councilor Sara Lennon. “I’m sitting here wrestling with what to do.”
Changes to the town’s zoning ordinances will be required to conform to the plan.
Mary Ann Lynch, a member of the Comprehensive Plan implementation committee, said a vote to approve the plan was not a vote to immediately change the town’s existing land use ordinances.
“This is a concept, a vision,” she said. “Everything would still require a subsequent change in the zoning ordinance.”
Lynch said, as with any change in zoning ordinances, the public would have several opportunities to offer input.
The updated plan requires increased density in the RB district (growth areas outside existing neighborhoods), where public sewer is available, from 30,000 square feet to 20,000 square feet per lot. The open space requirement for developers will need to be increased from 40 percent to 45 percent of the subdivision.
A cap on the number of units per building allowed in multiplex developments in the RB and RC (existing neighborhoods) districts will need to be eliminated. There will also be a reduction in the minimum lot size required for multiplex housing in the RC district from five acres to three acres.
The intent of the plan is to direct the projected 330 residential units to be built between 2007 and 2020 to the RB district, which constitutes 7 percent of town land, instead of designating new growth areas.
Lennon said residents do not necessarily want more open space at the expense of more crowded neighborhoods. She also said residents have questioned why an area consisting largely of wetlands and marsh was chosen as a high growth area.
Cape Elizabeth Town Council Chairman Paul McKenney said the council received several emails from residents concerned about density, who seem to think the town is promoting growth rather than directing growth. He said from the emails he has received, most people who are against an increase in density, do not understand what the plan is calling for. McKenney said initially, he also had difficulty understanding the difference between density and lot size.
“I would say people who really think and believe that they are environmentalists and they care about open space and they want intelligent development and they want reasonable taxes or low taxes and a future of lower costs, would support this once they understood it,” McKenney said.
Among the environmental benefits of clustered development including reductions in driving and pollution, McKenney said compact development is less expensive to serve and can result in a cost reduction between 12 and 20 percent in maintenance and operating costs, according to a Brookings Institution report.
Councilor Anne Swift-Kayatta said the council has heard from 15 different “households” with questions about density, but said residents should take note of the Cape Elizabeth Land Trust’s approval of the plan.
“I think people in town can have confidence that the land trust does a really excellent job of being watch dogs on everything that’s going on in town about environmental and land use issues,” Swift-Kayatta said.
SIGN ORDINANCE
Amendments to the town’s sign ordinance, approved by a vote of 6-0, will give the town “more teeth” to discourage excessive signage in town, said Cape Elizabeth Town Manager Michael McGovern.
 Effective on Nov. 10, the ordinance will grant the authority to remove signs to designees of the code enforcement officer, providing more avenues of enforcement.
The revisions to the ordinance define a permanent sign as “any structure, display, logo, device or representation...in place for a period that is longer than 30 days.” In regard to yard and garage sales, “no property may have such signage advertising such sales more than three times per calendar year.”
The town manager or a designee must also approve any temporary signs on municipal property or along the right of way next to town property. The town will also not be responsible or liable for removed signs.
David Backer did not vote in favor of the amendments, citing the potential for loopholes in some of the ordinance’s definitions, including the definition of temporary sign, which is defined as a sign erected for “a short, fixed period of time.”
INDEPENDENT
DISTRICT
McKenney’s announcement that the Cape Elizabeth School District will remain independent drew a round of applause from fellow members of the council.
McKenney said he spoke with School Board Chairman Katharine Ray and Superintendent Alan Hawkins prior to the Oct. 10 meeting and he learned the school had received approval from the Maine Department of Education earlier that day.
Council members thanked those involved in the process, in particular fellow Councilor and State Representative Cynthia Dill, who helped draft the “high performing, highly efficient” exception, which Cape Elizabeth qualifies for.  The clause exempts school systems with less than 2,500 students from the consolidation law provided the system contains at least three schools considered “high performing” and spends no more than four percent of per pupil expenditures on administration.  
“In Cape Elizabeth, we have what we call a one town concept and it’s pretty unique compared to most communities,” said McKenney. “We share many positions between the school system and the town so there’s a lot of overlap – and if we were to consolidate, it would be very expensive for the town of Cape Elizabeth, both on the school side and the municipal side.”
In a letter, dated Oct. 4, Commissioner Gendron said Cape Elizabeth’s per pupil expenditures for system administration were 3.1 percent, according to an audit of Cape Elizabeth’s reported 2005-06 figures.
Councilor Anne Swift-Kayatta said while “the fight is won for this year,” Cape Elizabeth “may have to fight the battle all over again” in the future.
Swift-Kayatta said during a Maine Municipal Association convention earlier this month, where Maine Commissioner of Education Susan Gendron was also in attendance, she perceived there would be an effort to change the “high performing, highly efficient” exception.
“I would say eternal vigilance may be what we have to make sure we’re doing,” Swift-Kayatta said. “The state DOE [department of education] does not appear to like that high performing, cost efficient exception. They like consolidation for some reason.”
On Tuesday, Hawkins said pieces of the legislation will likely be revisited, as people around the state are drafting bills and offering suggestions. He also referenced an effort by Washington County officials to repeal the consolidation law.
“It’s a very new legislation – there’s no question about it,” he said. “I think there are all kinds of questions out there based on what’s happening in your own community.”
Hawkins will now begin work on an alternative plan, which must be submitted to the Maine Department of Education by Dec. 1. He hopes to present a draft plan to the school board at its Oct. 23 workshop.