Staff Writer 

More than a year ago, Cape Elizabeth resident Carl Dittrich approached the Cape Elizabeth Planning Board about the possibility of opening a bed and breakfast in conjunction with his antique shop on Ocean House Road. Over the past year, a proposed change to the town’s zoning ordinance concerning bed and breakfast standards has been reviewed and subjected to three public hearings by the Planning Board. On Monday, the Cape Elizabeth Town Council unanimously passed amendments to the town’s zoning ordinance that set guidelines for bed and breakfast businesses that will allow Dittrich to open this summer. 

As passed by the council, bed and breakfast establishments are now allowed in the  Business A (BA), Town Center (TC) and on lots greater than two acres in the town’s Residential A (RA) district with at least 125 feet of frontage along Route 77 or Shore Road. In the town’s Residential C (RC) district, lots larger than half an acre are required to have at least 100 feet of frontage along Route 77 or Shore Road for a bed and breakfast to be established. 

“There were some people who thought [requiring frontage along Route 77 and Shore Road] was too broad, others thought it was too restrictive,” Town Councilor and ordinance committee member David Backer said. “The idea is that any additional traffic could be absorbed by these roads fairly invisibly.”

The amendments to the zoning ordinance still will not allow resident Sean Tamir to open a bed and breakfast at his residence on Crescent View Avenue. As was reported by the Sentry in October, Tamir and a business partner originally planned to use the existing 14 rooms in the house and convert an old barn into an additional 12 guest rooms. Several abutters opposed his plan for the property Monday night. 

“Allowing a business to be injected into a residential zone isn’t ever going to be easy,” resident Catherine Miller, an abutter to the Tamir property said. She said Tamir’s plans to convert the building into a bed and breakfast could have drawn up to 120 tenants a week. “We’re talking about a lot of strangers in town. You would be misled if you believe there is support for having a bed and breakfast here. I think the neighbors have spoken loudly.”

Per the zone change, any bed and breakfast establishment in Cape Elizabeth will be limited to nine rooms and may be rented out for a maximum of two weeks. Bed and breakfast operators must also live in the same building and may only serve meals to guests who spend at least one night at the establishment. 

“It’s a good first step to see how it works out,” Councilor Paul McKenney said. 

Swap Shop woes

Cape Elizabeth resident Peter Eastman said he thought some things thrown out of the “swap shop” at the Recycling Center should have stayed on the shelves.

“I figure it’s a bad day if I bring something in there and don’t bring something else home,” he said.

Monday the town council unanimously voted to adopt some changes for the Recycling Center, including adding a provision to the town’s ordinances that would make it illegal to place recyclable materials into the hopper, and creating a “Recycling Educator” position, a $27,000 cost resident Richard Dunham said he wanted to be more clearly defined.

“How will it be done? Will this person be a Recycling Center employee or a police officer?” he asked. “I don’t know how I would do that job. To me, it’s just $27,000 of additional expense.”

Councilor Anne Swift-Kayatta said Town Manager Michael McGovern and Public Works Director Robert Malley would collaborate to create a job description for the new position, which, per the council vote, is to be included in McGovern’s upcoming proposed budget for fiscal year 2010.