INTRODUCTION
This Comprehensive Plan is a revision of the last Plan adopted in 1981. It has been drafted to address the broad range of planning issues and needs that are anticipated over the next five to ten years. This document contains detailed background information and recommendations, which together comprise a comprehensive community strategy to address growth, change and those aspects of community services that touch us most deeply. Moreover, this Plan is intended to comply with all statutory requirements enacted by the Maine State Legislature.
It is essential to stress that the adoption of this Comprehensive Plan necessarily requires a prompt and consistent community response to ensure that its approach and philosophy are effectively carried out. Accordingly, its enactment merely commences a process that must continue throughout the ten year planning period.
This Plan is lengthy and detailed, but the essence of its findings and its recommendations may be stated as follows:
1. There is a strong community consensus that the Town should take all reasonable steps to preserve the rural character of Cape Elizabeth; in this context, "rural" refers to the appearance of the countryside, its open space and its lack of intense commercial development, rather than a stereotypical way of life;
2. There is a strong community sense that too much development has occurred in the past decade in relation to the modest population increase that has been absorbed by the Town;
3. This development has occurred on land of marginal suitability and, in general, has not contributed positively to the shared community values that were espoused by the 1981 comprehensive plan;
4. Important community and environmental values are not adequately protected by the existing plan and existing ordinances; important potential controls have not been adequately implemented; and
5. Given the pattern of growth in recent years and the amount of land that could rapidly fall into the real estate market, the town is at a critical turn in the road where it must either: (i) choose to accept the relentless urbanization of essentially all its open space; or (ii) elect to adopt an aggressive system of controls and incentives that are constitutional, effective, and fair.
This Plan seeks to effect such an aggressive system of controls. The recommendations contained in this Plan, which flow from these assumptions and seek to sponsor this program, may be grouped and summarily stated as follows:
1. The Town must immediately adopt legislation that identifies community assets or values which cannot be compromised and provides specific, enforceable tools for protecting and preserving other similar values or assets.
1 2. Assets and values not to be compromised are specifically identified on the face of the earth in this Plan; they include:
A. significant views and access to views; B. wetlands, shoreline, and areas of poor soils; C. Great Pond; D. the Greenbelt; and E. access to these important assets.
3. The strategy recommended to effect the recommendations include the effective use of a mixture of the following tools:
A. clustering; B. buffering; C. density incentives and disincentives; D. impact fees; E. public acquisition; and F. policy on sewer connections.
4. The Plan, as required by the new State Growth Management law, also specifically designates areas that are to accommodate growth. These recommendations call for absorbing growth in three ways: development in underdeveloped areas of the northwest quarter of the Cape; adding units in close proximity to existing densely developed residential areas along Shore Road and in the southeast quarter of the Cape; and fill-in growth in areas served by the Southern Cape sewer system.
In the following pages, this Plan breaks down the demographic, economic, social and environmental considerations that underlie the choices made by the Town, and the choices themselves are also evaluated in detail. It is the express finding of the Town of Cape Elizabeth that the ecology of the Town and the will of its citizens mandates the choices made in this Plan. This Plan, moreover, must be fully implemented very quickly or the character of Cape Elizabeth will be irrevocably changed.
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Insert Map 1 here Development History
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Insert Map 2 here Old Map of Cape Elizabeth, Richmond's Island, and Casco Neck
4 BRIEF HISTORY OF CAPE ELIZABETH
Although Cape Elizabeth was on Spanish maps by 1529, it was not inhabited by Europeans until 1627. In 1614, Captain John Smith published his map of the southern Maine coast. The Cape Elizabeth area was given its name in honor of Princess Elizabeth, sister of King Charles I of England. In 1627, a trading post was set up by Walter Bagnall on Richmond's Island. In 1631, he was killed by Indians. His death was written up by Governor Winthrop of Massachusetts, who referred to Bagnall as "a wicked fellow " who "had much wronged the Indians."
The first grant, which included the present Town of Cape Elizabeth, was granted in England by the Plymouth Council in 1622. The "Province of Maine" was then divided between Sir Ferdinando Gorges and Captain John Masonwith in 1629. Gorges' possession included Cape Elizabeth and retained the name, Province of Maine.
A patent was issued in 1631 to Robert Trelawny and Moses Goodyear of Plymouth, England. They wanted to establish a fishing and trading station here after hearing a description of the area. John Winter, factor for the Plymouth merchants, arrived at Richmond's Island in 1632. After successfully establishing the station, he was able in 1637 to launch the first vessel built at Richmond's Island, which was a 30 ton bark named the "Richmond". John Winter's daughter Sara married the Reverend Robert Jordan, an Anglican clergyman from England. The Jordan family is still well represented in Cape Elizabeth today.
In 1675, Cape Elizabeth was still part of "Falmouth". During the King Phillip's War, the town was evacuated and later resettled as a fishing, farming and boat building community. Indian troubles continued during the King William's War. The surviving inhabitants fled to Wells and the region was deserted until 1698. "Falmouth" was once again deserted in 1703, during the Queen Anne's War. The Jordans and other families returned by 1715, only to be attacked by pirates.
The Massachusetts General Court established the boundaries of Falmouth and incorporated it as a town in July, 1718. Land disputes and settlement growth continued in spite of more Indian wars. It was not until 1765 that Cape Elizabeth was incorporated as a separate district. Cape Elizabeth was finally incorporated as a town on August 23, 1775.
Cape Elizabeth men fought in the Revolutionary War and in the War of 1812, which created hardships for the community's remaining residents. Cape Elizabeth residents also fought in the Civil War, which also took young men from the town.
Fishing continued to be an important occupation in the 1800's. Farming, also an early occupation, turned in the 19th century from subsistence crops to money crops for the growing Portland population. Shipbuilding was strong in the 1850's in the Knightville and Ferry Village areas of what is now South Portland. Schooners, the Down-Easters, barks, clipper ships, and a gun boat for the Civil War were all built in this area. In the winters, Cape Elizabeth men sailed with lumber and fish to the Caribbean islands and brought back rum and sugar. Letters from Cuba to relatives in Cape Elizabeth indicate that several families worked in Cuba for part of the year. The maritime history of Cape Elizabeth also mentions many ship wrecks.
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The 1850's also brought the beginning of planned residential development, the first of which was Delano Park in 1855. Cape Elizabeth continued to grow with summer cottages, trolley cars and summer hotels.
As the City of Portland began to grow and industry began to expand in the current area of South Portland, the outer portion of Cape Elizabeth tried to protect its quieter way of life by separation in 1895.
Cape Elizabeth experienced a fair amount of residential growth after World War II and became mostly suburban in character, with only a few working farms left to mark a fading way of life. The Town to this day, however, retains a great deal of its early "rural" character in its open space, unspoiled natural areas and its relative lack of dense development. It is this character that this Plan seeks to preserve.
Prepared by the Cape Elizabeth Historical Preservation Society. April, 1989
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Map 3 Old map of Cape Elizabeth
7 Map 4 Historic Sites Map
8 Historic Sites Map
1. Fort Williams, Portland Head Light, and the Goddard Mansion (Grove Hall).
2. Delano Park, early housing development laid out by John Calvin Stevens in 1885. The park contains a number of Steven's houses.
3. Site of an early mill, 1727.
4. Garrison site, 1727.
5. Town Hall, 1901.
6. Thomas Memorial Library, consists of three schools; Spurwink School, 1849, Pond Cove elementary school built in 1859 by William Murray, and a 1912 Pond Cove Grammar school built by Fred Murray, William's son; Frederick Thomson, architect.
7. Alewife Brook; the earliest maps of Cape Elizabeth show this brook, and early records are filled with references to the control and regulation of fishing here. The brook was most likely the site of a trading post.
8. Riverside Cemetery, 1810.
9. Methodist Church (now Nazarene), plus Seaside Cemetery (1899). The cemetery contains some older stones relocated from Peabbles burial place near Alewife Brook.
10. Great Pond; location of the Great Pond Mining and Agricultural Company (1849), early source of spring water, horse races on the ice, Great Pond "war" and law.
11. Bowery Beach School, now restored by the Lions Club: a one room school house built in 1851.
12. Hannaford's Cove, location of Indian camp, probably a summer fishing site.
13. Two Lights Point, site of early Life Saving Station, later Coast Guard (1933) and fog horn (1886).
14. Two Lights Park, High Head (location of an 1812 encampment of soldiers), back lawn of the keeper's house.
15. Bowery Beach Burying Ground, east of the Inn by the Sea, the plot contains early graves, some unnamed field stones, revolutionary war veterans, and victims of a shipwreck.
16. Richmond's Island Breakwater, site of the first settlement in the area and a very early fishing station. 9
17. Cemetery of the late 1700's.
18. Cemetery of the late 1700's, grave of Dominicus Jordan.
19. Cemetery of the late 1700's.
20. Mouth of the Spurwink River, site of the first land settlements, early ferry, probable site of the Jordan House.
21. Sprague Hall, 1899, built by William Murray, used for town meetings prior to completion of the present town hall.
22. Spurwink Church and Cemetery, 1802.
23. Poor Farm property, owned by the Town of Cape Elizabeth since 1825, originally a gift from Thomas Jordan.
24. Cemetery by Pollock Brook, many unmarked field stones used instead of grave stones throughout the years, probably 18th century.
25. Spurwink Marsh, site of the Cape Elizabeth and Scarborough Diking Corporation.
26. Cemetery, site of burial of the five sons of Hannaford Leighton.
27. Graves of Revolutionary soldiers on the hill opposite the Rod and Gun Club.
10 DEMOGRAPHIC TRENDS
1. POPULATION TRENDS
The Town of Cape Elizabeth experienced a period of slow suburbanization between 1920 and 1950. Between 1950 and 1970, however, a period of rapid population growth took place in the Town. The greatest population increase to take place over a time span of a decade occurred during the 1960's when the town grew by 2,368 persons (a 43% increase). The U. S. Census indicates that Cape Elizabeth's population actually decreased by 35 persons (0.4%) between 1970 and 1980.
Table 1 Cape Elizabeth's Population Growth 1900-1990
Total Numeric Percentage Year Population Change Change 1900 887 1910 1,857 970 109% 1920 1,534 -323 -17% 1930 2,376 842 55% 1940 3,172 796 34% 1950 3,816 644 20% 1960 5,505 1,689 44% 1970 7,873 2,368 43% 1980 7,838 -35 -0.44% 1990 8,854 1,016 13%
Sources: U.S. Census, General Population Characteristics, Maine 1970, 1980, 1990; U.S. Census, Number of Inhabitants, Maine, 1960; U.S. Census 1920, 1930, 1940, 1950; Greater Portland Data Service.
Of the five other communities in the Greater Portland region that were used for comparison purposes, three (Scarborough, Yarmouth and Cumberland) experienced a relatively large amount of population growth between 1970 and 1980. Conversely, Falmouth only grew by 9% (562 persons), while South Portland's population decreased by 2% (-555 persons). Cumberland County as a whole grew by 12%, for a net increase of 23,800 persons.
Table 2 Total Population for Cape Elizabeth and Comparison Communities 1970 and 1980
Numeric Percentage Municipality 1970 1980 Change Change Cape Elizabeth 7,873 7,838 -35 -0.4% Cumberland 4,096 5,284 1,188 29% Falmouth 6,291 6,853 562 9% Scarborough 7,845 11,347 3,502 45% South Portland 23,267 22,712 -555 -2% Yarmouth 4,854 6,585 1,731 36%
11 Cumberland Co. 191,989 215,789 23,800 12% State of Maine 993,722 1,125,027 131,305 13%
Source: U.S. Census
Population estimates for 1990 indicate that Cape Elizabeth's population increased by 13% from 1980 to 1990. This change in the Town's population growth rate is slightly higher than the increase experienced by Cumberland, Falmouth, South Portland and Scarborough during the same time period. Yarmouth, on the other hand, grew at the highest rate. In terms of absolute numbers, Yarmouth gained the greatest number of new residents.
Table 3 Total Population for Cape Elizabeth and Comparison Communities 1980 and 1990 Numeric Percentage MUNICIPALITY 1980 1990 Change Change Cape Elizabeth 7,838 8,854 1,016 13% Cumberland 5,284 5,836 552 10% Falmouth 6,853 7,610 757 11% Scarborough 11,347 12,518 1,171 10% South Portland 22,712 23,163 451 2% Yarmouth 6,585 7,862 1,277 19%
Cumberland County 215,789 243,135 27,346 13% State of Maine 1,125,027 1,227,928 102,901 9%
Source U.S. Census, Number of Inhabitants, Maine 1980, 1990.
2. POPULATION COMPOSITION
A. Age Characteristics
Cape Elizabeth has gone through some significant shifts in age composition over the past 20 years (see Tables 4 and 5).
The "school age" segment (children aged 5 - 19) decreased by 685 persons between 1970 and 1980, which represents a decline from 32% of the total population in 1970 to only 21% in 1990. While this long-term trend is still being felt in the Cape Elizabeth High School, recent elementary and middle school enrollment figures indicate that there has been an upturn in the number of younger children in the Town, which is expected to continue for the next few years.
The 60+ age group has been steadily increasing in size over the past few years, growing by 703 persons between 1970 and 1990 to a total of 1,680 people. As a 12 percentage of the Cape Elizabeth's population, this age group increased from 12 percent to 19 percent of the total population during the 1970 - 1990 time period.
13 Table 4 Cape Elizabeth's Population Growth, by Age Group 1970, 1980 and 1990
Age # Increase % Increase Groups 1970 1980 1990 '70-'80 '80-'90 '70-'90 '70-'80 '80-'90 '70-'90 0-4 629 431 598 -198 167 -31 -31% 39% -5% 5-9 867 535 667 -332 132 -200 -38% 25% -23% 10-14 973 704 659 -269 -45 -314 -28% -6% -32% 15-19 713 738 542 25 -196 -171 4% -27% -24% 20-24 331 414 356 83 -58 25 25% -14% 8% 25-29 440 488 399 48 -89 -41 11% -18% -9% 30-34 452 626 633 174 7 181 38% 1% 40% 35-39 518 593 834 75 241 316 14% 41% 61% 40-44 612 432 955 -180 523 343 -29% 121% 56% 45-49 594 495 679 -99 184 85 -17% 37% 14% 50-54 413 566 427 153 -139 14 37% -25% 3% 55-59 354 516 425 162 -91 71 46% -18% 20% 60-64 345 361 467 16 106 122 5% 29% 35% 65-69 225 309 417 84 108 192 37% 35% 85% 70-74 183 259 299 76 40 116 42% 15% 63% 75+ 224 371 497 147 126 273 66% 34% 122% Total 7,873 7,838 8,854 -35 1,016 981 -0.44% 13% 12%
Source: U.S. Census 1970, 1980, 1990.
Table 5 Cape Elizabeth's Population Composition, by Age Group and Percentage of Total Population 1970, 1980 and 1990
Year 0-4 5-19 20-39 40-59 60+ Total 1970 629 8% 2,553 32% 1,741 22% 1,973 25% 977 12% 7,873 1980 431 5% 1,977 25% 2,121 27% 2,009 26% 1,300 17% 7,838 1990 598 7% 1,868 21% 2,222 25% 2,486 28% 1,680 19% 8,854
Source: U.S. Census 1970, 1980, 1990.
B. Household Characteristics
In 1990, over two-thirds of Cape Elizabeth's population (67% or 4,667 persons) was married (see Table 6). Persons separated, widowed, or divorced comprised 20% (890 persons) of the total population and single persons (over the age of 15) represented 20% (1,373 persons) of the Town's population. In comparison, Cumberland County had a higher percentage of single people (28%) and a lower percentage of persons who were married (55%). The household size in Cape Elizabeth has decreased from 2.88 in 14 1980 to 2.70 in 1990. This decrease in household size parallels the rest of the County and the nation.
15 Table 6 Marital Status of Persons Over 15 for Cape Elizabeth and Cumberland County
Cape Elizabeth
Marital Status of Male Female Total % of Persons 15 and Over Population Single 712 661 1,373 20% Married 2,331 2,336 4,667 67% Separated 16 40 56 1% Widowed 65 343 408 6% Divorced 137 289 426 6% Total 3,261 3,669 6,930 100%
Cumberland County
Marital Status of Male Female Total % of Persons 15 and Over Population Single 28,276 25,706 53,982 28% Married 53,386 53,106 106,492 55% Separated 1,150 1,631 2,781 1% Widowed 2,214 11,714 13,928 7% Divorced 7,197 10,790 17,987 9% Total 92,223 102,947 195,170 100%
Source: U.S. Census, General Population Characteristics, 1980
3. DENSITY OF POPULATION
Although Cape Elizabeth's population has been growing at a relatively slow rate, the population density in Cape Elizabeth is greater than the density found in most of the comparison communities, except for the City of South Portland (see Table 7). In 1990, the population density in Cape Elizabeth was 598 persons per square mile, which was similar to the population density in Yarmouth. The population densities of Cape Elizabeth and Yarmouth were approximately two times greater than the densities of Cumberland, Falmouth and Scarborough. Cape Elizabeth's net density would be even greater if the relatively undeveloped land owned by the Sprague Corporation was subtracted from the Town's total acreage. Table 7 Density* of Cape Elizabeth and Comparison Communities 1990
Cape Elizabeth 598 Cumberland 224 Falmouth 257 Scarborough 262 South Portland 1,947 Yarmouth 591 16
*persons per square mile
Source: Greater Portland Data Service; U.S. Census, 1990 Census Release.
4. FUTURE POPULATION PROJECTIONS
Population growth projections indicate that from 1990 to 2000, Cape Elizabeth can expect a population increase of approximately 1,194 persons. This 13% projected growth rate is lower than the growth rates projected for the comparison communities (see Tables 8 and 9). Falmouth and South Portland are expected to grow at a rate similar to Cape Elizabeth, while Cumberland, Scarborough, and Yarmouth are expected to have larger growth rates.
Numerically, the projected population increase for Cape Elizabeth falls between the increase in population that occurred during the period of slow suburbanization between 1920 and 1950, and that which occurred during the rapid growth period between 1950 and 1970. It is interesting to note that the projected 13% growth rate in population will be the lowest percentage increase to occur over a ten year period in Cape Elizabeth since 1900 (excluding the time periods when the population actually decreased).
Table 8 Population Projections - 1990, 1995 and 2000
Municipality 1990 1995 2000
Cape Elizabeth 8,854 9,474 10,048
Cumberland 5,836 6,135 6,376 Falmouth 7,610 8,321 8,946 Scarborough 12,518 15,632 17,387 South Portland 23,163 27,348 29,369 Yarmouth 7,862 8,816 9,723
Cumberland Cnty 243,135 269,225 290,395
Source: The Greater Portland Council of Governments, Data Service, 1991; U.S. Census, March 1991 Release.
Table 9 Projected Population Change, by Number and Percent 1990-1995 and 1990-2000
Numerical Change Percent Change Municipality '90-'95 '90-'00 '90-'95 '90-'00
Cape Elizabeth 620 1,194 7% 13% 17 Cumberland 833 1,667 13 26 Falmouth 626 1,251 8 16 Scarborough 1,756 3,511 13 25 South Portland 2,022 4,043 8 16 Yarmouth 906 1,813 11 23
Cumberland County 21,110 42,280 9 17
Source: The Greater Portland Council of Governments, Data Service,1991.
Different age groups within the town will undergo some notable population changes from 1990 to 2000 (see Table 10). The recent trend of declining numbers of children in the 10-19 year old category is predicted to end and instead increase by roughly 211 persons. This change represents the aging of the baby "boomlet" - those children born to the baby boomers. This increase will have a definite impact upon the Cape Elizabeth school system. The 20-29 age group is projected to increase - again, due to the baby boomlet which began in 1976. There will be a decrease in the number of people within the 30-39 year age group due to the aging of the "baby bust" generation. This generation was born between 1964 and 1975. The number of persons 50 years of age and older will continue to increase, but at a faster rate than that which occurred during the 1980s; an increase of 1004 persons is projected, as compared to 150 persons between 1980 and 1990.
Certain trends concerning different age groups are predicted to remain the same over this ten-year period. The largest numerical increase will be in the 45-54 year age category, with 1,030 more persons in this category expected to be added to the town's population - the peak of the baby boomers. The older age groups will continue to grow, adding 311 people in the 65+ group.
Table 10 Population Projections, by Age Group 1990 and 2000
Change Change % Change Age Cohort 1980 1990 '80-'90 2000 '90-2000 '90-'2000 0 - 4 431 598 167 422 -176 -29% 5 - 9 535 667 132 440 -227 -34% 10 - 14 704 659 -45 672 13 2% 15 - 19 738 542 -196 740 198 37% 20 - 24 414 356 -58 593 237 67% 25 - 29 488 399 -89 538 139 35% 30 - 34 626 633 7 405 -228 -36% 35 - 39 593 834 241 496 -338 -41% 40 - 44 432 955 523 1,009 54 6% 45 - 49 495 679 184 1,127 448 66% 50 - 54 566 427 -139 1,009 582 136% 55 -59 516 425 -91 661 236 56% 60 -64 361 467 106 412 -55 -12% 18 65 - 69 309 417 108 410 -7 -2% 70 -74 259 299 40 415 116 39% 75+ 371 497 126 699 202 41% TOTAL 7,838 8,854 1,016 10,048 1,194 13%
Source: Greater Portland Council of Governments
19 FUTURE LAND USE DIRECTIONS
A major function of a comprehensive planning process is to identify sections of a community that are well suited for development and then develop workable strategies for encouraging most new development to occur in these areas. Conversely, new development should be steered away from areas that are environmentally sensitive or otherwise unsuitable for development.
The State Growth Management Law requires communities to designate at least two types of land areas - "Rural (Protection) Areas" and "Growth Areas". As stated in the Maine Office of Comprehensive Planning's Guidelines for Maine's Growth Management Program (p. 42), the purpose of designating these two areas is:
"...to promote orderly growth, protect rural character, make efficient use of public services, and prevent urban sprawl. The Act defines growth areas to be those areas within a municipality that are suitable for orderly residential, commercial and industrial development for the next ten years. Rural areas are defined as those areas where protection should be provided for agricultural, forest, open space, and scenic lands."
There are several areas in Cape Elizabeth that are unsuitable for development, due to environmental, aesthetic or cultural conditions. Conversely, there are sections of the Town that are relatively well suited for development, due to the absence of major natural resource features, proximity to already developed neighborhoods and/or the existence or potential availability of municipal sewer and water.
This section of the Plan contains the rationale for the designation of the Growth Areas and the Rural/Protection Areas, along with illustrative maps. The Policies and Recommendations section of this Plan includes recommended steps needed to preserve the Rural/Protection Areas and to direct future residential development in Cape Elizabeth to the Growth Areas.
RURAL/PROTECTION AREAS
Cape Elizabeth has designated its Rural/Protection Areas (see Map 5) according to the presence of the following natural and cultural resource attributes:
• Critical Tidal and Nontidal Wetlands; • Major Surface Waterbodies; • Sand Dunes; • Scenic Viewsheds and Vistas; • Active Farmland; • Existing and Proposed Portions of the Cape Elizabeth Greenbelt; • Aquifers; and • Floodplains.
These features were selected for protection by the Town because of their great environmental significance and important contributions to the character of Cape Elizabeth. 20
Insert Map 5 Rural/Protection Areas
21 GROWTH AREAS
The primary growth factor in Cape Elizabeth is new residential development, since there is little to no commercial and industrial development expected in the Town over the next 10 years. Cape Elizabeth has a traditional single family pattern of development. The town includes several high-density single family neighborhoods. These neighborhoods, and the relatively small land area of the town, contribute to a land use density which is significantly higher than the comparison communities, with the exception of South Portland. Major growth in the number of multi-family units is not expected, however, the diversity of existing single family housing should be of sufficient variety to address the typical housing demand in Cape Elizabeth. Although trends from the past decade suggest new construction will include approximately 42 multi-family units, this is unlikely. Multi-family projects constructed during the 1980's are currently in less demand than single family homes.
The acreage amount for the Growth Areas designation is based primarily on the housing projections. These projections indicate that an additional 534 units will be added to Cape Elizabeth's housing stock over the next ten years. It is estimated that fifteen percent of these new housing units (80 units) would consist of "in-fill development" occurring in existing neighborhoods. It is also estimated that ten percent of the projected housing units (53 units) would be developed on land currently zoned Residence C (20,000 square feet lot sizes), based on the small amount of undeveloped land left in this zone. The final seventy-five percent (401 units) would be located in areas currently zoned Residence A (80,000 square feet lot sizes). Based on these calculations, it was forecasted that 761 acres of land would be required to accommodate new residential development over the next ten years, if the current Zoning Ordinance's density standards were continued. Less land would be needed by this future residential growth, however, if the density levels were allowed to be increased in some or all portions of the identified "growth areas" (see Map 6). The identified growth areas may also be used to absorb development that would alternately occur in scenic areas or important viewsheds.
The "growth areas" needed to accommodate this projected growth were designated on the basis of protection of the "rural/protection areas", the relative suitability of soils for subsurface septic systems, the current or potential availability of public sewer service, and to a lesser extent, close proximity to already established neighborhoods. It is intended that development will be encouraged within the Growth Areas only to the extent that an actual site's natural and environmental conditions safely allow such development activity.
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Map 6 Growth Areas
23 POLICIES AND RECOMMENDATIONS
This section of the Comprehensive Plan delineates a program for the future of the community, based upon a comprehensive analysis of all major land use, environmental and demographic data and upon the views of Cape Elizabeth's residents. It is, in other words, the heart of this Plan.
To assist the reader, the topics covered in this section and in each subsection appear in order of their importance to the Town. Although all the issues are important, the document's organizational format permits the reader to appreciate the hierarchy of values espoused by this Plan.
The goals stated below represent the general policy to be achieved, while the objectives and recommendations flesh out the issues and steps required to meet each individual goal. The goals, objectives and recommendations together constitute affirmative policy determinations which shall, unless further specifically amended, guide the future actions of the Town Council, all Town boards and commissions, and all municipal employees over the next ten years.
LAND USE
The information and data generated in connection with the adoption of this Plan has led the Town to conclude that land use issues are its highest priority. To deal with this issue, the following objectives and recommendations are adopted in the order of their relative importance.
Goal: TO PRESERVE CAPE ELIZABETH'S REMAINING RURAL CHARACTER
Objectives and Recommendations:
1. Protect the Town's scenic areas and vistas.
The Town's rural character is largely defined by the existing scenic vistas and open space areas. The results of the public opinion survey confirm the judgment of the Town Council that most people react adversely to development because of its negative impact on important scenic views and open space. The public opinion survey results also identified a large number of visually significant views and open spaces, such as the Spurwink Marsh, Shore Road, Crescent Beach/Richmond Island, the views from Fort Williams Park, Great Pond and the views from the Trundy Point area.
Recent attempts to maintain this aspect of the Town's rural character have not been entirely successful, but there are many scenic views that contribute greatly to the Town's character that remain to be protected. A recent study completed by the Visual Resource Working Group categorized the significant scenic views and vistas, and suggested methods for protecting them. This Plan recommends adoption of the substance of its recommendations. To preserve those areas and vistas that require no further evaluation, this Plan contains Map 8, which identifies the significant views and vistas that should not be compromised by development. 24
Recommended Implementation Steps:
• Development that would adversely impact the scenic areas and vistas should be limited, in part through the adoption of an ordinance that provides:
-- a "Prime Scenic Viewshed "contract/conditional zoning overlay district in the Zoning Ordinance.
Insert Map 7 Existing Land Use
25 Insert Map 8 Scenic Views
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• Ordinance amendments should also be made to implement strict design and construction standards to be imposed on a "More Scenic" and "Scenic" basis.
• Local ordinances should be amended to more clearly provide a visual impact analysis review process subject to performance standards to be conducted by the Planning Board on a case-by-case basis. This review process should allow the Planning Board to review projects that could have adverse visual impacts on areas not specifically identified as scenic by this Plan, but which are deemed scenic as a result of the use of the view identification methodology.
• A methodology for identifying and prioritizing other significant scenic views in an objective manner should be adopted, and revised if necessary.
• A new criterion should be added to the variance and conditional use criteria as follows: "Adverse impacts to the Town's scenic areas shall be minimized to the greatest extent possible and shall be reviewed through the use of the Town's scenic view methodology."
• The Town should adopt an acquisition program and seek monies for acquisition of scenic areas (fee simple or easement) from the Town's general fund, municipal bond issues or other funding sources, such as the Land for Maine's Future Board grant program, and other private funding sources.
2. Preserve the Town's significant open space areas.
In Cape Elizabeth, the term "rural" refers to open space, as well as scenic views. The quandary of the Town's relatively low population increase over the last ten years is that a modest increase in population has nevertheless resulted in the commitment of a significant amount of land for residential use. This is due primarily to the minimum lot sizes required in most areas of the Town and the lack of effective tools to assist the Town in causing the more effective use of land within new subdivisions.
These observations highlight the fact that the Cape Elizabeth's open space is uniquely at risk. The last comprehensive plan and the resulting land use regulations attempted to direct growth to those areas served by the public sewer and to protect active farmland. The Plan assumed that marginal land would not be developed. Recent residential growth, however, has occurred in both sewered and unsewered sections of the Town, with some of it having occurred on agricultural and marginal lands. The use of the Zoning Ordinance's "cluster development" standards by some developers, though, has resulted in the retention of open space that would have otherwise been incorporated into houselots, but this level of activity has not been sufficient to address the problem.
The Town's relatively low growth rate has resulted in a large percentage of Cape Elizabeth's remaining total land area (72%) remaining undeveloped. One reason for this large amount of open space is that much of this land is unsuitable or only marginally suitable for development purposes. A more significant reason, however, is that over 30% of the Town's undeveloped land is owned by six families or organizations. The Sprague Corporation by itself owns over one-fifth of the entire land area in Cape 27 Elizabeth. This type of concentrated land ownership has helped contribute to the continued preservation of open space in Cape Elizabeth. If one of these families decided to sell or develop their property, however, it might have a dramatic impact on the Town's rural character. Moreover, the preservation of such land has led the Town to permit the compromise of its rural character on other properties on the perhaps mistaken assumption that other significant land would remain undeveloped for long periods of time.
The Town, therefore, is at a point where the adoption of land use controls can and must effectively address the readily observed problem of open space loss.
Recommended Implementation Steps:
• All residential development should be encouraged to site all structures in portions of the land parcel that are not visible from any public road or public vista point (for example, placing houses in the wooded areas of a site, and keeping the visible pasture land preserved as open space).
• The Planning Board should be given the clear authority, through ordinance revisions, to decide which land area(s) within a proposed development are best suited to be preserved as open space in perpetuity.
• The Town should require mandatory clustering for residential developments that are proposed on land parcels with significant open space.
• The Subdivision Ordinance and site plan review provisions should be strengthened to increase screening and buffering standards and require the retention of as many existing trees as possible.
• The Town should maintain a constant dialogue with the Town's large property owners, and discuss methods for preserving significant open space that would be beneficial to all parties.
• Fort Williams Park should continue to be preserved and maintained by the Town, due to its high open space and recreational value.
3. Direct future growth to areas best suited for development and away from marginal and undevelopable land.
Much of the recent residential development has occurred on marginal sites, since the remaining "good" land is either unavailable or too expensive for the current real estate market. This trend increases the likelihood that important natural resources will be degradated and inappropriate development will occur. One major problem with development on marginal land is that much of this development is occurring on land with soils that barely meet the Maine State Plumbing Code standards, which raises the probability of future subsurface septic system failure.
This situation is further complicated by the new State Growth Management Law and Guidelines, which require communities to explicitly identify "Rural (Protection) Areas" 28 and "Growth Areas" within their municipal boundaries. According to the new law, rural areas are those sections of a municipality that are generally unsuitable for development, due to environmental conditions. Growth areas, on the other hand, are those sections of the community that do not have environmental development constraints and are best suited for new development. The growth and rural areas are mapped and discussed in detail in the Future Land Use Directions section of this Plan.
29 Recommended Implementation Steps:
• Designate on the Zoning Map the several growth areas needed to accommodate the projected population, housing and commercial growth; such designation, however, shall always be subject to environmental constraints that may exist on particular parcels; such areas are deemed to be the "growth areas" as required by the new State statute and are defined in the Future Land Use Directions section of this Plan.
• Areas that are unsuitable for development, either for physical or policy reasons, should also be designated and zoned appropriately; these areas comprise the "rural/protection areas" as defined in the Future Land Use Directions section of this Plan.
• Subject to environmental constraints, create at least one new residential zone that allows a greater density than the current RA zone (perhaps in combination with a mandatory clustering provision.) This zone should either have soils that are suitable for individual or common septic systems or should be served by public sewer (only after revising the sewer ordinance to allow for more flexibility in allocating the remaining sewer hook-ups or after considering expansion of the sewage treatment plant's capacity).
• Develop a "contract zoning/conditional rezoning" type of zoning provision that gives the Town greater authority to negotiate with developers about the design and impacts of a proposed project and gives a developer more flexibility to undertake more creative residential development.
• Adopt the scenic view and buffer requirements described in objective number 2's recommendations.
• Consider using the Transferrable Development Rights (TDR) to advance this objective.
4. Encourage the continuation of farming in the Town.
There are only a few active farms left in Cape Elizabeth, due to the economics of small- scale farming and the real estate market's demand for open land. Recent examples of residential developments that have occurred on previously farmed land include Riverview and Elizabeth Farms. Preservation of the remaining farms is desired, however, due to their cultural and open space contributions to the Town.
The last Comprehensive Plan placed a high priority upon this objective and relied on the Transferrable Development Rights (TDR) concept to assist in the preservation of open space and farmland. The TDR system is a voluntary land use mechanism that allows a developer to achieve a higher density of residential development in areas of Town with public sewer and water service, in exchange for the acquisition of a conservation easement on active farmland.
This reliance was misplaced because the TDR system has never been utilized in Cape Elizabeth, in part because the sewer ordinance limits public sewer system hook-ups 30 primarily to a small amount of infill development. Moreover, there was no comprehensive program of incentives and publicity in place to make the TDR system, as adopted, work for the purpose of preserving active farmland. Since the current transferrable development rights section relies heavily on extending public sewer to unsewered areas, the new sewer ordinance has in effect preempted any use of the TDR system.
31 Recommended Implementation Steps:
• The Town should adopt a "right to farm" ordinance, which would explicitly permit such farming practices as unlimited hours of operation, the right to fertilize and water fields, and the right to use environmentally acceptable pesticides.
• Town ordinances should be revised to require new development to provide a buffer strip between active farmland and new residential developments, in order to protect future residents and to minimize the farmers' risk of complaints and nuisance suits from abutting landowners.
• The Town should aggressively evaluate the feasibility of purchasing conservation easements to restrict the development of selected farmland.
• The retention and active utilization of farmland within proposed cluster residential developments should be encouraged, through revisions to the Town's Zoning Ordinance.
• The existing TDR system in the Zoning Ordinance should be revised, so that it becomes commercially feasible again and is therefore able to preserve actively used farmland:
a. reduce the reliance on access to the public sewer, by allowing "receiving areas" to be located in non-sewered sections of the Town with suitable soils for common, clustered septic systems;
b. expand the eligible "transfer areas" beyond active farmland, to include other types of significant land areas such as scenic viewsheds and contributions to the Greenbelt;
c. review the density bonus provisions to ensure that an adequate incentive is created; and
d. eliminate the provision that permits a 25-year conservation easement to be used in the TDR process.
5. Preserve significant historical and archaeological sites in the Town.
There are several historical and archaeological sites in Cape Elizabeth of state and even national significance that should be protected from alteration or demolition, such as the Portland Head Light, Richmond Island, the Spurwink Church, and the Two Lights area. The locations of these properties and others are identified in Map 4. The following steps should be taken over the next few years to afford effective protection to these sites.
Recommended Implementation Steps:
• Enact performance standards for the Subdivision and Zoning Ordinances that prohibit disturbance of the significant historic and archaeological sites identified herein, listed in the National Register of Historic Places, or determined to be significant by the
32 Maine Historic Preservation Commission, the U.S. Department of the Interior or the Cape Elizabeth Board of Historic Preservation Advisors.
• Owners of historic structures and sites should be encouraged to participate in the Greater Portland Landmarks' "historic marker" program, in order to increase public knowledge of the Town's historic resources and encourage the preservation of these structures. This program could be undertaken in conjunction with the Cape Elizabeth Board of Historic Preservation Advisors.
6. Allow commercial forestry practices where appropriate, while still preserving the Town's significant scenic areas/vistas.
While commercial forestry is not a major economic activity in Cape Elizabeth, there are a few sections of forest land that are managed and harvested for commercial timber production purposes. Timber harvesting activities should be allowed, as long as they do not result in the loss of significant scenic areas.
Recommended Implementation Steps:
• The Town should encourage tracts of forest land to be enrolled in the State Tree Growth Tax Program.
• Proper timber management practices should be encouraged of all forest land property owners.
• The Town should discourage or prevent the commercial clearcutting of trees within 300 feet of the edge of any public road right-of-way.
• Timber harvesting operations should minimize the size of clearcut openings in the forest canopy.
NATURAL RESOURCES
Without intending to diminish the importance of the subject, natural resources is deemed to be the second most important subject matter of the Plan. The following recommendations, in fact, go hand in hand with the land use recommendations.
Goal: TO PROTECT CAPE ELIZABETH'S VALUABLE NATURAL RESOURCE AREAS FROM INCOMPATIBLE DEVELOPMENT
Objectives and Recommendations:
7. Increase protection of all the Town's wetlands, ponds, streams and brooks.
There are several major coastal and freshwater wetlands in Cape Elizabeth, with the two largest wetlands being the Spurwink Marsh and the area around Great Pond and Little Pond. The "wetland alteration" and "resource protection" sections of the current zoning ordinance are somewhat duplicative in their intent. Although Cape Elizabeth regulates 33 wetlands more than most communities in Maine, the current ordinance contains omissions that need to be revised.
Based on a thorough inventory and review of Cape Elizabeth's natural resources, the Town finds that there are several other surface waterbodies in the Town not fully protected by local ordinances. Most streams and brooks in Cape Elizabeth are not included in a Resource Protection District; most are not covered by State laws and regulations. Some protection is offered by the Zoning Ordinance's wetland alteration provisions, which only regulates streams and brooks that abut wetlands.
34 Recommended Implementation Steps:
• The Town should adopt a stringent Wetlands Protection Ordinance, which defines wetlands in terms of wetland soils, vegetation and hydrologic conditions, and takes into account protection of areas adjacent to wetlands.
• The Town should periodically review its Wetlands Ordinance to ensure that it is at least as strict as State and Federal regulations.
• The provisions of the Zoning Ordinance should be revised, so as to provide additional protection for the Town's surface water bodies, which might include such standards as:
a. Adequate buffer areas; and
b. Phosphorus loading and other water quality studies for any development that could impact the Town's surface water bodies.
• The Subdivision and Zoning Ordinances should be revised to require that the minimum lot size for all new subdivision lots must consist of "buildable land" (as defined by the Net Residential Acreage" provisions in the Zoning Ordinance), and not have wetlands counted as part of the minimum lot size amount.
• The Town should consider expanding the existing "Resource Protection " designation, or creating a new "Conservation Zone" category, to include all surface waterbodies, and change the Zoning Ordinance and the Zoning Map accordingly.
• The Code Enforcement Officer should conduct an on-site inspection for evidence of wetlands prior to the issuance of a building permit, for any proposed activity that might alter or encroach upon a wetland area.
8. Protect the Great Pond and the Spurwink Marsh Watersheds from further water quality degradation.
The Great Pond and Spurwink Marsh watersheds are the only two in the Town that are centered on important natural resources and, therefore, require more attention to what is allowed to drain into them. The other watersheds present little other than standard drainage/surface water flow issues. Particular attention should be paid to Great Pond, since it is a fresh water body with a low flushing rate (compared to the tidal nature of the Spurwink River and Marsh). Great Pond has been experiencing eutrophication over the past 30 years, due primarily to natural factors.
Recommended Implementation Steps:
• The Town should enact performance standards that would prohibit existing or new development from increasing the Great Pond and the Spurwink River's watershed's phosphorus, nitrate or sediment levels.
9. Expand Cape Elizabeth's "Greenbelt System".
35
The Town has acquired some public access easements and land areas that fit into the Greenbelt system, primarily through the subdivision review process and private donations. Several key sections, however, still need to be added to the Greenbelt.
36
Insert Map 9 Wetlands
37
Insert Map 10 Water Resources and Wildlife Habitats
38 Recommended Implementation Steps:
• The Greenbelt Plan adopted by the Cape Elizabeth Town Council on April 10, 1989 is hereby adopted as a part of this Plan.
• The Greenbelt acquisition program should be targeted primarily towards undeveloped land parcels for which new residential or commercial developments are being proposed; however, individual landowners should be contacted to ascertain their interest in assisting with implementation of the Greenbelt Plan.
• In the use of any public funds that may be made available, priority shall be given in the following areas:
--The Thomas Jordan Trust Fund property; --Access to Great Pond; --Connecting: •Fowler Road to the Spurwink Marsh; •Lions' Field to the Spurwink Marsh; •Crescent Beach State Park to Fowler Road; and •Lion's Field to Fort Williams Park.
• The Town Council, Planning Board, Conservation Commission and private organizations, such as the Cape Elizabeth Land Trust, should work together to achieve the objectives of the Greenbelt Plan.
• No structure shall be located on any portion of the designated Greenbelt.
10. Increase public access to the ocean, Great Pond and existing walking trails
Most of the Town's shoreline is privately owned and therefore inaccessible to the general public. Even though Cape Elizabeth has such major public access points as Crescent Beach State Park, Fort Williams Park, Two Lights State Park and Kettle Cove, the Town should not miss any opportunity to gain additional public access points to the sea.
Use of Great Pond is severely limited to only a small number of residents, due to its lack of adequate access. Access to Great Pond is difficult, even though there exists access easements from both Fowler Road and Route 77. There is also no space to park for those who travel to Great Pond by automobile.
There are several trails in Cape Elizabeth that are privately owned, but are used by Town residents with the permission of the landowners. These trails provide access to neighborhood residents and should be retained as much as possible, if and when the overall property is proposed to be developed.
Recommended Implementation Steps:
• Well marked, easily usable public access to the Great Pond shoreline should be provided by the Town. 39
• Access from the Hampton Road/Vernon Road neighborhood should be obtained to the Great Pond Terrace condominium parking easement, so that both parking and additional access can be made available.
40
Map 11 Greenbelt
41 • Prepare a strategy to maximize new public access opportunities at development projects on coastal waterfront sites.
• When new residential and commercial developments are proposed, existing pedestrian trail systems shall be preserved or relocated within the development whenever possible, provided that this requirement is not implemented in any manner that would constitute an unreasonable taking.
11. Establish land use policies for the protection of deer wintering areas, other wildlife habitats and wildlife travel corridors.
There are only two "officially identified" deer wintering areas in Cape Elizabeth. There is a general belief that there are more such areas that could be identified through local field work. In addition, bird nesting areas and other wildlife habitats have not been clearly identified by either the State or the Town. There is a desire to identify and protect these wildlife habitat areas through local ordinances.
Recommended Implementation Steps:
• The Town should undertake an "in-the-field" inventory of all deer wintering areas, other significant wildlife habitats and wildlife travel corridors.
• Subdivision and Zoning Ordinance standards should be strengthened to assure no adverse impacts on deer wintering areas, significant wildlife habitats and wildlife travel corridors.
12. Minimize the groundwater contamination potential for the land lying over the small section of the South Portland/Scarborough aquifer.
There is a small portion of a sand and gravel aquifer in the northwestern section of Cape Elizabeth, which is part of a larger aquifer that extends into South Portland and Scarborough. This portion of the aquifer within Cape Elizabeth's borders is relatively minor in terms of its groundwater value. In addition, most residents have public water and don't rely on groundwater for their drinking water. Notwithstanding these considerations, the Town should take the responsible position of protecting the aquifer, since it may be used by residents of the neighboring communities.
Recommended Implementation Steps:
• The area over the sand and gravel aquifer should be rezoned as a "Resource Protection" zone.
• Regional cooperation with South Portland and Scarborough should be sought to encourage protection of this resource.
13. Protect the Town's sand dunes from alteration.
42 Sand dunes function as important shoreline protection devices and serve as significant wildlife habitats. The few sand dunes existing along Cape Elizabeth's rocky shoreline should be protected.
Recommended Implementation Steps:
• The Town should take steps to ensure that its coastal dunes are not disturbed in any way.
43
COMMUNITY FACILITIES AND SERVICES
This topic area should not, in many ways, take a "back seat" to any other in the Plan. In terms of relative emphasis, however, this subject is the third most important in the Plan.
Goal: TO PROVIDE QUALITY COMMUNITY SERVICES AND FACILITIES THAT WILL MEET THE NEEDS OF THE TOWN.
Objectives and Recommendations:
14. Maintain Cape Elizabeth's educational system and commitment to excellence.
The Cape Elizabeth school system ranks as one of the best in Maine. The school system offers a wide number of educational programs, and a very large percentage of its students continue on to college after high school graduation. Recent enrollment trends, especially in the elementary school, and new State educational requirements have placed a strain on the elementary and middle school facilities. Two sets of portable classrooms will have been added to these school facilities by the start of the 1989-90 school year. The high school, on the other hand, has a surplus of classroom space, due to a decline in older students.
The following recommendations are being made to stress the importance of maintaining the excellence of the school program and facilities but are necessarily general out of respect to the School Board which, by the adoption of this Plan, is being encouraged to preserve and enhance this critical community asset.
Recommended Implementation Steps:
• The School Department should maintain its commitment to attracting quality faculty.
• The School Department should continue to improve the curriculum at all grade levels, with particular attention to sequential subject correlation.
• The School Department should support the offering of diverse athletic and co- curricular offerings (such as Speech and Debate, and Drama) to students.
• The Town should upgrade the school system's physical plant.
• The School Department should utilize a five year planning process and to coordinate building and field maintenance with the Town staff.
• The Town should recognize that any municipal actions resulting in an increase in Cape Elizabeth's school age population will require the construction of additions to the existing school buildings.
15. The high quality of the Community Services program, with its emphasis on providing a variety of activities for all ages, should be continued.
44 Community Services, an organization administered by the Cape Elizabeth school department, provides an extensive set of offerings to Town residents of all ages. Participation has increased significantly over the past five years, as has the variety of offered programs. Programs include adult education classes, adult athletics, day care services, "youth after school" activities, youth athletics, and summer day camp. Additional opportunities offered by Community Services range from whale watching to shopping in Boston to learning Spanish.
45 Insert Map 13 Soil Suitability
46
Recommended Implementation Steps:
• The Community Services Program should be fully supported by the Town, and encouraged to continue to respond to public demand in its offerings.
16. Ensure that service demands upon the public sewer system will not exceed the current or future capacity of the sewer lines and the sewage treatment plant.
The recent addition to the sewer system has expanded public sewer service to several new neighborhoods, but has left much of the Town to rely on private septic systems for sewage disposal. The recent sewer system expansion was undertaken primarily to correct existing private sewer system problems and service some infill growth. The Sewer Ordinance and the design of the new public sewer system limits hook-ups to infill development in certain portions of the Town. New development that occurs outside of the "sewer service area" will need to be served by private septic systems, unless the Town changes its public sewer policies and ordinance provisions (see Appendix 4 for a detailed description of the development of the current sewer ordinance).
Recommended Implementation Steps:
• The level of sewer service should be formally reviewed on an annual basis, in order to assess how actual demand on the system corresponds with the remaining capacity of the public sewer facilities. Adequate capacity must be retained for water infiltration based on peak year demands.
• The Town's sewer hook-up policies and the Sewer Ordinance should be reviewed periodically, to ensure that they adequately address Cape Elizabeth's needs and that demand on the public sewer system is at an appropriate level.
• Relaxation of the frontage standard in determining the number of permitted sewer hook-ups and of the "allocation categories" should be explored in the designated "growth areas", where there is sufficient system capacity and these growth areas are adjacent to existing sewered areas.
• The Town should strengthen its relationship with South Portland regarding sewer service provision and clarify the current capacity of the South Portland sewer system to accommodate new development in the northern portion of Cape Elizabeth.
17. Ensure the proper siting, installation and maintenance of private septic systems.
There are unsewered areas of Town relying on private septic systems that will likely experience sewerage problems, if new systems are not adequately sited and all systems are not properly maintained.
Recommended Implementation Steps:
47 • Property owners with private septic systems should be identified and targeted for an promotional program aimed at educating residents about the need to properly maintain their private septic systems.
• The Town should require private septic systems to be pumped at least once every five years, and homeowners should be required to keep a written record of such pumping.
• The Code Enforcement Office shall make regular checks of homes with private septic systems, to ensure that adequate maintenance and pumping is occurring.
• The design, installation, and replacement standards for private septic systems should be substantially strengthened, especially for common, engineered septic systems.
• The Town should develop its own private septic system standards that would augment the Maine State Plumbing Code in such areas as:
a. Separation of grey water from the other forms of household waste;
b. Increased limitation on soils with high permeability and high groundwater levels; and
c. Increased land area for individual subsurface septic systems' leach fields.
• The Code Enforcement Officer should continue to inspect the installation of all new private septic systems, and require the installer to certify in writing that the new system was properly installed.
18. Provide an adequate level of recreation facilities and services at the neighborhood level.
The Town has an abundance of state/regional parkland, with Fort Williams Park, Crescent Beach State Park and Two Lights State Park all being located with Cape Elizabeth's boundaries. There are very few parks and recreational areas, however, that are located in and intended to serve the various neighborhoods within Cape Elizabeth. Instead, most of the public recreational facilities are centered on the school grounds in the center of the Town.
Recommended Implementation Steps:
• The Broad Cove neighborhood, and the southwestern and northwestern sections of Town, which are areas identified as being deficient in neighborhood recreational facilities, should be targeted for the creation of future parks and open space areas.
19. Use impact fees to help pay for the public improvement costs that result from development.
Several communities in Maine and throughout the United States are adopting impact fee systems. The purpose of these systems is to have development pay their "fair 48 share" of the costs for municipal improvements that will be necessitated by a creation of a new development.
Recommended Implementation Steps:
• A study of the Town's facilities and resources that might be included in an impact fee system should be undertaken, which would include an examination of their existing capacities and a financial analysis of the the cost of providing new facilities and services.
• The Town should formally consider the development of an equitable, legally defensible impact fee system.
49
Insert Map 12 Public Sewer Service Area
50 20. Existing deficiencies at the Public Works and Fire Department facilities should be addressed.
The Public Works, Police and Fire Departments are all experiencing building space shortages. In addition, the existing facilities are in need of renovation, especially at the Public Works building. The desirability of having the main fire station and the Public Works equipment storage facility located in the center of Town is also open to question.
Recommended Implementation Steps:
• Existing deficiencies a the Public Works, Police and Fire Department facilities should be addressed.
• Relocation of the Fire Department should be considered, for both public safety and building overcrowding reasons.
• The Town should consider moving the Public Works Facilities to another more appropriate section of Cape Elizabeth.
• The Town's ad hoc Municipal Facilities Committee should provide specific recommendations on resolving each department's space needs.
21. Develop a comprehensive recycling program that covers materials not yet collected and recycled by the Town.
Most communities and the State of Maine are recognizing the growing problem of safe and ecologically sound waste disposal. Cape Elizabeth currently recycles newspaper and "white goods". There seems to be a strong sentiment by residents to expand local recycling efforts to other types of waste goods as well.
Recommended Implementation Steps:
• The Town should mandate the sorting and recycling of glass (separated by color), paper goods (in addition to newspaper, plastics, and other types of recyclable waste.
• Incentives should be created to encourage residents to separate their waste.
• The Town should create a program whereby residents can bring small quantities of partially used household paint, turpentine, and similar materials to a central location so that these materials can be used again; if unused, then these materials would need to be transferred to an appropriate disposal facility.
22. Undertake a formal capital improvements programming process.
The Town currently evaluates the need for major capital projects on an annual basis, and has also recently organized an ad hoc study committee to examine the long-range needs of the Public Works, Police and Fire Departments.
51 Recommended Implementation Steps:
• The Town shall establish a formal community-wide capital improvements planning process.
52 HOUSING
This subject is one of increasing national and local importance. While the Town lacks some of the legal and taxation powers to implement a truly comprehensive program, Cape Elizabeth can do its part. The following goal, objectives and recommendations seek to follow through with this intent.
Goal: TO PROMOTE A MORE DIVERSE AND AFFORDABLE HOUSING STOCK IN TERMS OF TYPES AND COSTS THAT WILL ALLOW FOR A HETEROGENEOUS POPULATION.
Objectives and Recommendations:
23. Encourage an adequate supply and variety of housing types and costs to meet the housing needs of Cape Elizabeth.
Cape Elizabeth's housing costs rank among the highest in Cumberland County and Maine. The average 1987 home sales price of $168,637 in Cape Elizabeth, which makes it difficult for low and moderate income households to purchase a residence in the Town. The lack of manufactured housing and the small number of rental apartments also limits low and moderate income families' housing options in Cape Elizabeth. The issue of affordable housing was closely examined by the Cape Elizabeth Affordable Housing Advisory Committee in the Spring of 1989, which resulted in a report and a detailed set of recommendations.
Recommended Implementation Steps:
• Monitor the demographic impact of new housing development to assess whether the town is providing housing needs for a more diverse population.
• The Town should consider offering "incentive zoning" as a means for encouraging or requiring developers to build affordable housing, which could accomplish such means as:
-- requiring a fixed percentage of residential units to be made available at prices affordable to low and moderate income households; or
-- offering a density bonus when a developer provides permanent assurances that a fixed percentage of the proposed units will be affordable;
• The Town should consider the establishment of a nonprofit local housing authority, which could assist the Town in providing new affordable housing units.
• The Town should revise the zoning ordinance to increase a homeowner's ability to create an accessory apartment unit.
• A formal inventory of all Town-owned property should be conducted, which should then be evaluated with respect to the available parcels' suitability as sites for affordable housing. 53
• The Town should evaluate the feasibility of entering into a partnership with a nonprofit group or private developer to help promote the construction of affordable housing.
• An ongoing education campaign about the need for affordable housing should be conducted by the Town, in order to achieve widespread acceptance of affordable housing.
• The Town should actively support the enactment of new, and the revision of existing, State laws and programs that would promote the provision of affordable housing.
24. Provide safe and sanitary housing for elderly residents.
Town residents should not have to leave Cape Elizabeth when they get older and are no longer able to properly care for themselves and/or their homes. An adequate supply of nursing home beds and congregate care facilities should be encouraged to meet the present and future demand of Cape Elizabeth's citizens.
Recommended Implementation Steps:
• Increase the incentives for providing housing for the elderly and the handicapped, such as:
-- Density bonuses; -- Mandatory set-asides; and/or -- Contract/conditional rezoning.
• The Town Council should consider the establishment of a non-profit local housing authority, which could assist the Town in providing new affordable housing units and keeping the existing federally subsidized housing units available to low and moderate income elderly households.
ECONOMIC DEVELOPMENT/TOWN CENTER
Generally, there is little community interest in increasing commercial uses in the Town. Nevertheless, there are several related issues deserving of attention, which include an effort to create a clearly identifiable center of the Town as the major focal point of community and commercial activity.
Goal: TO ALLOW FOR SOME ADDITIONAL COMMERCIAL DEVELOPMENT THAT CONTRIBUTES TO THE NEEDS OF CAPE ELIZABETH RESIDENTS, MOST OF WHICH SHOULD OCCUR IN THE TOWN CENTER.
Objectives and Recommendations:
54 25. Limit any new commercial development to the existing business-zoned districts, except for the expansion of any existing businesses within the Town Center area.
Cape Elizabeth's commercial development is oriented towards primarily serving local residents. Given this fact and the Town's geographic location, there is not expected to be a great need for new commercial development. Some opportunity for new businesses or existing business expansion, however, should be allowed within the existing business-zoned districts.
55 Recommended Implementation Steps:
• The business zoning districts should be maintained in their current configuration, except for the expansion of any existing businesses within the Town Center area.
26. Encourage the creation of a real "village center" to serve as the primary focal point for community and business activity in Cape Elizabeth.
Due to historical settlement patterns, there is no physical "town center" or "village green" in Cape Elizabeth that serves as the focal point for the Town. The Pond Cove Shopping Center, a commercial strip development, functions currently as the "de facto" activity center where residents can meet informally and catch up on local news. The Town Hall is the municipal government center, but is split from the shopping center, the library, and the public safety/public works facilities by Route 77. The Public Library is adjacent to the elementary and middle schools, but is isolated enough from the rest of the center of town to discourage pedestrian traffic.
Recommended Implementation Steps:
• The Town should acquire a portion of the land adjacent and to the south of the Town Hall property and create a "village green" park.
• Sponsor a design competition that would give architects and landscape architects the chance to present specific ideas and concepts to Cape Elizabeth for the "Village Center" area.
-- Expansion of the business zoning district that includes the Pond Cove Shopping Center should be explored, as part of the design competition.
-- The Pond Cove Shopping Center should be encouraged to create a consistent facade design that is suited to Cape Elizabeth, provide more landscaping and screen the parking lot to the south of the Pond Cove IGA from Ocean House Road.
-- Opportunities for some limited new office development should be provided.
• The Town should purchase, or acquire the right of first refusal for, one or more of the remaining residences in this district, in order to maintain future Town or commercial expansion possibilities
• Special design standards should be developed for the new village center area, in order to increase a unified and compatible streetscape.
27. Improve the traffic safety conditions that exist in the "village center" section of the Town.
The Route 77/Shore Road/Scott Dyer Road intersection is a major traffic trouble spot location, especially on weekends and during the morning and evening rush hours. 56
Recommended Implementation Steps:
• The Town should have the Town Engineer develop recommendations for increasing traffic safety in this area.
• The Village Center design competition should include examination of traffic problems, especially with respect to the Route 77/Shore Road/Scott Dyer Road intersection.
28. Ensure that an adequate amount of public access to the ocean is provided for fishermen.
Access to the ocean by resident fishermen is limited primarily to the Kettle Cove area.
Recommended Implementation Steps:
• The Town should continue to keep the Kettle Cove access point open for use by commercial fishermen.
• Additional access points to the ocean for use by commercial fishermen should be obtained by the Town.
• The parking of cars on a beach for recreational purposes should be prohibited.
29. Encourage day care facilities in appropriate locations in the Town.
There appears to be a growing number of two wage earner households with young children in the Town, a fact that is reinforced by the population by age category estimates. These families require an adequate supply of convenient child care opportunities close to where they live and work. Child care facilities, however, should be located and developed in such a manner as to minimize any potential adverse impacts on abutting property owners.
Recommended Implementation Steps:
• The Zoning Ordinance should be revised, in order to better regulate day care facilities, to accomplish such objectives as:
-- Defining the different types of day care operations (e.g., babysitting services, day care facilities, day care centers and nursery schools); and
-- Delineating the zoning districts within which the different types of day care facilities would be most appropriate.
TRANSPORTATION
57 Goal: TO PROVIDE A SAFE TRANSPORTATION SYSTEM THAT MEETS THE NEEDS OF BOTH RESIDENTS AND NONRESIDENTS.
Objectives and Recommendations:
30. Ensure that intersections and roads adequately meet year-round demands.
The overall number of traffic accidents in Cape Elizabeth is small. There are a few traffic trouble spots, however, that have seen a sizeable number of vehicular accidents and near misses. Outdated road configurations and a large amount of traffic in the center of Town are the primary causes for these problem areas. The poor location of some individual residential driveways also increases the traffic accident potential along certain streets in Cape Elizabeth.
The major traffic accident locations in Cape Elizabeth are at the Route 77/Shore Road/Scott Dyer Road intersection, the Route 77/Old Ocean House Road intersection, and along Route 77 in the vicinity of the Pond Cove Shopping Center.
Residential development is placing increasing demands on Mitchell Road and Shore Road. Recent development has further strained these narrow, curving roads' capacity to handle traffic. The aesthetic character of these roads, however, would be greatly harmed if street widening or straightening were to occur.
Recommended Implementation Steps:
• The Town should undertake an analysis of all roads, including major thoroughfares and intersections, to determine their "level of service", using a measurement standard that relates to the character of the section of the community where the roads and/or intersections are located.
• The Town should not allow the construction of any development that would result in a road or intersection's level of service being diminished below the acceptable level to be fixed by the Town, or, on an interim basis, below a level of "D", "E" or "F".
• Revise the Town's Arterial/Feeder Street classifications, so that they more accurately correspond to current and future road extension policies.
• Retain existing trees, stone walls, rock outcroppings and other natural/cultural features, when undertaking road improvements.
• Revise the existing dimensional and construction standards for arterial, feeder and local roads, in order to provide flexibility to ensure that future road improvements result in a minimal loss of the Town's rural character. Revisions should include:
-- Reduce the traveled way and shoulder width standards for all roads, except for arterial roads;
58 -- Eliminate the Town standard that requires the entire road right-of-way to be cleared of trees and vegetation.
31. Provide public transportation for the elderly and the handicapped between Cape Elizabeth and Portland/South Portland.
It is important that the Town promote alternative transportation services for Town residents whom are unable to drive themselves to their destinations.
Recommended Implementation Steps:
• The Town should publicize and continue to provide the weekly bus service for the handicapped and the elderly, and determine whether or not expansion of this service is desired by current and potential users.
59 32. Promote an appropriate system of bicycle paths throughout the Town that does not have a negative impact on visually and environmentally significant areas.
The Route 77 official bike path is heavily used by bicyclists, especially during the summer months. The Town also has several collector and local roads that are well suited for bicycle riding.
Recommended Implementation Steps:
• The PACTS Bikeway Study should be updated and sufficient funds should then be allocated to develop the recommended bicycle paths within a reasonable timeframe.
• The provision of any future bikeways and bike paths should not result in the elimination of significant natural/cultural features, such as trees and stone walls.
60 Insert Map 14 Transportation
61 BACKGROUND INFORMATION
LAND USE BACKGROUND INFORMATION
Cape Elizabeth's current land acreage consists primarily of residential and open space land uses (see Table 11 and Map 7). Once a town of farms and fishermen, Cape Elizabeth now functions primarily as a residential suburb of Portland.
Table 11 Land Use in Cape Elizabeth
Acres Percentage of Total Land Area
SINGLE-FAMILY 1,679 18% MULTI-FAMILY 164 2 % COMMERCIAL 27 0.28% QUASI-PUBLIC 173 2% PUBLIC recreational 338 4% PUBLIC non-recreational 115 1% OPEN SPACE 6,710 72% GREAT POND 131 1% TOTAL 9,337 100%
Sources*: Greater Portland Council of Governments; Cape Elizabeth Town Assessor's Files.
*Acreage figures for single-family, multi-family, commercial, quasi-public, public-recreational, and public-nonrecreational land uses are rough estimates calculated by the Greater Portland Council of Governments. Total acreage was calculated by the Town assessor. Acreage calculated for single family land uses includes the entire lot upon which a single family housing unit exists, unless that lot is much larger than the average house lot. In those cases, only the smaller land area where the house was located was tabulated. Large lots are for the most part undeveloped and consist primarily of fields or woods.
Residential
Residential development in Cape Elizabeth has occurred in a somewhat random pattern over the past fifty years (see Map 1). Housing developments constructed before 1950 tended to have small lots (5,000 to 15,000 square feet in size) and were designed to be served by public sewers. In general, these older areas with the densest residential development include the northeast section of Cape Elizabeth and the neighborhoods off Scott Dyer Road. The rate of development increased between 1950 and 1970, as did the average residential lot size.
Recent residential growth has occurred on large lots of 80,000 to 120,000 square feet, which has resulted in relatively large parcels of land being used for the construction of only a few houses. This trend has been somewhat countered by the increased utilization of the "cluster development" concept, which allows development to occur on smaller lots in exchange for the preservation of on-site open space.
Residential development in Cape Elizabeth consists primarily of single-family houses, rather than multi-family units. 62
63 Commercial
Commercial uses are located in four different areas in Cape Elizabeth. Together, the land parcels used for commercial activity occupy roughly 27 acres of land, which represents less than 1% of Cape Elizabeth's total land area. The existing commercial establishments primarily serve the needs of the community's residents (as opposed to those of tourists and other nonresidents). The largest business district is located in the vicinity of the Pond Cove shopping center and the Town Hall, which extends from the Jonesy's Mobil Service Station and the Cumberland Farms Convenience Store to just before the Route 77/Fowler Road/Old Ocean House Road intersection. Businesses in this area include a medium-sized grocery store, two bank branch offices, one gas/service station, one dry cleaner, two real estate offices, one hair stylist, one hardware store, pharmacy, dentist's office, fresh produce market (operated seasonally), and a pizza parlor.
Two of the other commercially zoned districts lie on Route 77 in the general vicinity of Crescent Beach State Park. One of these business districts includes the Inn By The Sea, while the other commercial zone is where Jordan's Agway Lawn and Garden Center, Tim's On Two Lights Variety Store and The Good Table Restaurant conduct their business.The fourth business district is on Shore Road near the South Portland/Cape Elizabeth boundary; businesses located in this district include the Cookie Jar Bakery and Basics Health Food Store.
Even given the number of commercially zoned areas in the Town, Cape Elizabeth does not have an area that can be identified as a distinctive village center, which would provide the residents with an identifiable social center. The Shopping Center/Town Hall area has the compactness and mixed commercial uses ideal for the basis of a town center area.
Open Space
There is a large amount of vacant, undeveloped land in Cape Elizabeth, with roughly 72% of the town's land area consisting of open space.
There are ten large parcels of land under single ownership. Each of these parcels is 100 acres or more in size and relatively undeveloped. Land owned by the Sprague Corporation alone represents more than one fifth of the Town's total acres. This type of concentrated land ownership has helped contribute to the continued preservation of open space in Cape Elizabeth. There is no guarantee, however, that this land will remain as open space. If one of these families decided to sell or develop their property, it might have a tremendous impact on the the town character of Cape Elizabeth.
Active Farmland
Farming is an activity that has traditionally been a part of Cape Elizabeth, and its continued existence helps to retain Cape Elizabeth's rural character. Unfortunately, the amount of active agricultural land has been diminishing in the Town over the past few years. Currently, only eight parcels of land are being actively farmed. Below is a list of active farms, crops, and approximate acreages.
64
Table 12 Inventory of Cape Elizabeth Farms and Forest Lands
Owner Location Crop Acreage
E. Jordan 93 Wells Rd Geese and ducks 4 Syska Spurwink Rd Strawberries/hay/woodlot 34 L. Jordan Two Lights Rd Market/Garden *31 Young Sawyer Rd Winter rye 3 Corn 5 Woodlot 100 W. Jordan 21 Wells Rd Market/Garden 194 Ram Island Farm Charles E. Jordan Rd Hay/horses 140 Woodlands 1208 Maxwell Spurwink Ave Market/Garden 100 Woodlot/mixed 100 Leighton Wells Rd Hay 16 Woodlot 51 A. Jordan Two Lights Rd Vegetables 40 Gabriel 27 Wells Rd Hay/Wood 30 Bothell-Berg Farm 125 Scott Dyer Rd Raspberries 2 Trees/horses 8 Alexander 403 Mitchell Rd Horses/woodland 15 Seaward Nurseries Bowery Beach Rd Trees/greenhouse 45 Perez Wells/Sawyer Woodlot 105 Cox Eastman/Sawyer Trees 22 Farmland 4 Davis Sawyer Farmland 18
TOTAL 2275 *11 acres leased
Source: Cumberland County Soil and Water Conservation District
During the building boom of the 1980's over 50 acres of farmland has been converted to residential development.
As a result of the Town's last comprehensive planning process, Cape Elizabeth became one of the only communities in Maine to enact a local transferrable development rights (TDR) program. The TDR system is a voluntary land use mechanism that allows a developer to achieve a higher density of residential development, in exchange for the acquisition of a conservation easement on actively farmed land. This system, however, has never been utilized, due to lack of publicity, real estate market conditions, and the recent adoption of a Sewer Ordinance that nullifies the TDR system.
Recreational
65 Cape Elizabeth has parks of both regional, statewide and even national significance. Fort Williams Park, Crescent Beach State Park and Two Lights State Park are all significant sites with tremendous historic, recreational and environmental qualities. Crescent Beach had 295,277 visitors in 1984, which was the largest number of visitors that any Maine state park experienced during that year. Fort Williams Park is also heavily visited, and has seen its number of visitors increase dramatically over the past few years.
The Purpoodock Club provides golfing facilities for its members, as well as allowing the public to sled and cross-country ski during the winter. The Cape Elizabeth school complex also has several playing fields, tennis courts and other athletic amenities for local recreational activities. There are also a few other recreational facilities scattered around the Town that offer both active and passive opportunities. The following is a list of park and open space areas owned by the Town.
Table 13 Municipal Parks and Open Spaces
Name Location Acreage
Lions Field Ocean House Rd 25.0 Family Field Shore Rd 2.2 Ft. Williams Shore Rd 95.0 Seaview Ave same .26 Columbus Rd same 1 .0 Queen Acres State Ave .47 Tarbox Triangle Ocean House Rd .17 Community Center 1226 Shore Rd .5 McAuley Cul-de-Sacs same .14 Valley Rd Cul-de-Sac same Waterhouse Rd Cul-de-Sac same Highlands Subdivision Jordan Farm Rd 21.3 Hobstone Pedestrian Easement Mitchell Rd .08 Cantebury Hills Pedestrian Easement Ocean House Rd Ledgemere III McAuley Rd 1.0 Bryco Conservation Easement Fowler Rd 8.0 Spinnaker Heights Pedestrian Easement Mitchell Rd .13 Spurwink Marsh Conservation Easement Spurwink Ave 20.0 Stonegate Conservation Land Shore Rd/Stonegate Rd 32.0 Cranbrook Easement Mitchell Rd Wildwood Conservation Easement 7.45 Schwartz-Nelson Parcel Shore Rd/Tides Edge Rd Great Pond Pedestrian Easement Bowery Beach Rd Ottawa Springs Pedestrian Easement Bowery Beach Rd .06 Viking Pedestrian Easement Scott Dyer Rd
Source: Town Record, Planning Office
Over 215 acres of land is under public control for open space, a local standard of over 24 acres per 1,000 population. This standard does not include land and conservation easements 66 which are owned by the Cape Elizabeth Land Trust and managed for public use. The list does include beaches owned by the Town at Fort Williams and Seaview Ave.
Based on the community-wide recreation standards from the Maine Department of Economic and Community Development, one neighborhood park is recommended within one-half mile of a concentration of 50 homes or more. Based on this standard, the Broad Cove neighborhood of over 200 homes may be considered deficient in the provision of recreational open space. Most other neighborhoods exceeding 50 homes are within a short distance of an existing park or adjacent to open space included in the Greenbelt Plan.
Even though Cape Elizabeth has a large amount of open space land, the town lacks an adequate supply of neighborhood parks and recreational facilities in some sections of the Town.
Industrial
There are no true industrial or manufacturing land uses in Cape Elizabeth, although some of the work at the Pond Cove Millwork Company could possibly be classified as light manufacturing.
Industrial development, with its demand for good highway access, skilled labor force, utilities, and high traffic generation, is not a realistic expectation for Cape Elizabeth. To allow for the possibility of future manufacturing in Cape Elizabeth, however, the Zoning Ordinance has a floating business zone that allows for some light manufacturing. This zone designation has not yet been utilized.
67 NATURAL RESOURCES BACKGROUND INFORMATION
It is apparent that the natural resources in Cape Elizabeth are highly valued by the Town's residents. When asked to rank the most desirable qualities about living in Cape Elizabeth in order of their importance, residents ranked close proximity to the ocean first, the natural environment second, and the Town's physical attractiveness third. Significant environmental features include the Atlantic Ocean, an outstanding rocky coastline, coastal beaches and dunes, the Spurwink Marsh, Great Pond, and the large amount of open fields and forested land that exist throughout the Town. Residents also value the views of these natural resources, many of which are visible from the Town's main roads.
Wetlands
Wetlands are areas where water is the primary factor that controls the plant and animal life. Wetlands mitigate flooding, provide habitats for water fowl, filter pollutants and provide open space. There are several significant tidal and freshwater wetlands in Cape Elizabeth. A recent National Wetlands Inventory study, conducted by the U.S. Department of the Interior, Fish and Wildlife Service, identified over 60 wetlands (not including those located right along the shore) of more than three acres in size. In 1983, the Maine Geological Survey found that there were 10 freshwater wetlands of over 10 acres in size.
The Spurwink Marsh is primarily a tidal marsh wetland and is highly valued for both its ecological and aesthetic qualities. The Spurwink Marsh was ranked as the second most important natural area or scenic view, by the respondents to the recent Public Opinion Survey. The freshwater wetlands around Great Pond and Little Pond are another large significant wetlands area.
Cape Elizabeth is one of the only communities in Maine to have a local ordinance that protects wetlands.
Waterbodies and Watersheds
The Atlantic Ocean is no doubt the primary body of water for the Town. It provides visitors and residents with high quality recreational opportunities. Most of the ocean front in Cape Elizabeth drains into Casco Bay. The southern Cape drains into the Saco Bay Estuary system. The major threat to water quality in town had been malfunctioning subsurface wastewater disposal systems. The construction of a new sewer system in the 1980's and participation in the Casco Bay Estuary Program are two of the efforts by the town to enhance regional water quality.
The largest surface waterbody in the Town is Great Pond. Great Pond is a freshwater pond that totals 131 acres in size and is surrounded by a significant wetland. It provides habitat for a variety of wildlife including large mouth bass, pickerel, and perch. Great Pond is used for fishing, hunting, boating and skating. Other significant ponds include Little Pond and Jordan's Pond. Cape Elizabeth has several smaller ponds scattered throughout the Town. The major rivers and streams in Cape Elizabeth are the Spurwink River, Pond Cove Brook, Alewife Brook, Trout Brook, Willow Brook, Cranbrook Brook, and Pollack Creek.
68 Watersheds are made up of the land area that eventually drains into a body of water. They are delineated by connecting the highest points of land around various bodies of water. Eleven different watersheds have been identified in Cape Elizabeth. The watershed that encompasses Great Pond and the Alewife Brook, and the watershed that drains into the Spurwink Marsh are of particular environmental significance.
The Great Pond watershed is the most sensitive watershed in the Town. Phosphorous loading is a concern in this watershed, since the area surrounding Great Pond is served by private septic systems that could possibly add a large amount of phosphorus into this water system. It should be noted, however, that Great Pond's eutrophication rate has been fairly stable over the past few years, and is caused primarily by natural factors. In fact, there is evidence indicating that Great Pond has actually increased in size over the past two decades. Nonetheless, special consideration should be given to the environmental impacts from septic systems, septic system maintenance, and land uses that could be potential threats to Great Pond. Another important watershed is the Spurwink Marsh watershed. This watershed is less vulnerable than the Great Pond watershed, however, due to the tidal nature of the Spurwink Marsh.
Wildlife Habitats and Special Environmental Features
A recent study done by the Maine Department of Inland Fisheries and Wildlife indicated there are two deer wintering areas in Cape Elizabeth. One of the identified deer wintering area is located west of Great Pond, between Fowler and Bowery Beach Roads, while the other area lies southwest of Little Pond. It is possible that there are other deer wintering areas present in Cape Elizabeth, which were not identified by the state.
In the same study, the Department of Inland Fisheries and Wildlife (IF&W) also identified: colonial nesting seabird island areas on Ram Island; shorebird feeding and roosting areas along the Spurwink River and in Richmond Island Harbor; seal haul-out areas at Seal Rocks and Watts Ledge; and Least Tern and Piping Plover nest sites at Breakwater Beach. IF&W have developed recommendations for protecting these types of wildlife areas.
A recent statewide Natural Areas Inventory (NAI) identified the Two Lights aquatic area as having national significance for its high diversity of marine invertebrates (creatures lacking a backbone or spinal column). Also identified by the NAI is Crescent Beach State Park, which has statewide significance for its open dry dune plant associations, including beach heather, lichen, wormwood and American beach grass. The existence of wormwood is especially significant in that it is the northern coastal limit for this plant in Maine. The Ram Island Farm shoreline, especially the Ram Island Farm main beach, has statewide significance for its important geological features, dunes, and several rare species of dune vegetation.
In 1976, the Department of Fisheries and Wildlife, Department of Marine Resources mapped the location of the certain wildlife species and some of the significant wildlife areas in Cape Elizabeth. The Town was found to have alewives, striped bass, lobsters, clams, and American eels, as well as bird nesting areas, wetlands important for waterfowl and a freshwater recreational fishery (in Great Pond).
Marine Resources
69 The Cape Elizabeth economy has traditionally included reliance on marine resources. The earliest European residents established Richmond Island as a trading post for fisheries and other natural resources. Today, Kettle Cove contains the only public boat launch for what remains of the fishing economy in Cape Elizabeth. There are no docking facilities.
A total of 162 marine fishing licenses were issued in 1988. The bulk of the licenses (111) were issued for lobstering and crabbing. Twenty-four licenses were issued for commercial fishing and 18 licenses were issued for non-commercial scallop divers. These numbers may not include some of the lobstering boats owned by non-residents which are commonly observed at Kettle Cove and Ship Cove (Ft. Williams).
A total of eight shellfish dealer licenses were issued in 1988 and all but one was for retail shellfish dealers. At least five areas around the Cape Elizabeth shorefront have been sampled and tested for fecal coliform levels. None of the areas exceed acceptable levels; however, only one sampling has been taken. In addition, additional sampling is usually not done if obvious sources of pollution are present, such as overboard discharges. As of 1990, the Cape Elizabeth coastline is closed to shellfish harvesting.
Sand and Gravel Aquifer
In the northwest corner of Cape Elizabeth, on the Scarborough/South Portland border, there is a very small portion of a large sand and gravel aquifer that is located primarily in South Portland and Scarborough. This aquifer is of minimal importance to Cape Elizabeth, since most of the Town is served by public water. In addition, land uses in South Portland and Scarborough will have a much greater impact the quality of this aquifer, due the aquifer's relative location. Protection of this aquifer by Cape Elizabeth is still considered to be important, however, due to its potential future use by Scarborough and South Portland residents.
The locations of bedrock aquifers, if any exist in Town, are currently unknown.
Flood Plains
Cape Elizabeth is fortunate in that much of its coastline is elevated and, therefore, not in a flood plain area. The 100 year flood plain follows along the coastline and up the Spurwink River. The Spurwink Marsh encompasses a flood plain that runs north at the eastern tip of the marsh and extends beyond Scott Dyer Road. Another 100 year flood plain exists along the Alewife Brook. Inland, there is a flood plain located along the South Portland/Cape Elizabeth Town line, north of Lydon Lane and between Mitchell Road and Spurwink Avenue.
Public Access to Beaches, Ponds and Open Space
Much of Cape Elizabeth's coastline is not accessible by the public, since it is privately owned. The Town does have some significant public access points, such as Crescent Beach State Park, Fort Williams Park and Two Lights State Park. Of the 15 miles of coastline, over 6 miles, or more than 33 percent, are under either local or state control. Public access to the Town's freshwater ponds, streams and significant open space and walking trail areas, however, is less available.
70 The Cape Elizabeth Greenbelt Plan, adopted by the Town in 1989, identifies a proposed system of pedestrian trails extending through and connecting the different parts of Cape Elizabeth. The Planning Board, the Conservation Commission and the Cape Elizabeth Land Trust have all worked to acquire land or conservation easements, primarily on land parcels targeted for development, for scenic or physical access purposes, much of which fits into the Greenbelt system. There are major segments, however, still to be acquired. In addition to land and easement purchases and donations, the Town has successfully increased the greenbelt system and prevented new construction on designated greenbelt areas through the development review process (Subdivision and Site Plan Review Regulations).
71 COMMUNITY FACILITIES AND SERVICES BACKGROUND INFORMATION
Municipal Government and Administration
The Town of Cape Elizabeth operates under a Council-Manager form of government. Seven residents are elected to the Town Council to serve in staggered three-year terms. There are also seven elected representatives to the School Board. Appointed boards include the Planning Board (5 members and 2 associates), the Board of Zoning Appeals (5 members and 2 associates), the Conservation Commission (7 members), the Board of Health (5 members), the Board of Assessment Review (3 members), the Thomas Memorial Library (7 members), the Riverside Memorial Cemetery Trustees (3 members), the Community Services Advisory Board (7 members), the CATV Advisory Board (8 members), the Fort Williams Advisory Committee (7 members), the Board of Historic Preservation (7 members), the Personnel Appeals Board (3 members), the Board of Voter Registration (3 members), and the Board of Sewer Appeals (7).
The Town Hall contains the Council Chambers, offices for general Town administration, the School Department and the Community Services program, and several meeting rooms. Adjacent to the Town Hall is the Community Center, a renovated building which includes meeting rooms. The Community Center project also added parking in back of Town Hall.
Town staff and personnel include the Town Manager, the Public Works Director, the Fire Chief, the Police Chief, the Code Enforcement Administrator/Assessor, the Town Clerk, the Code Enforcement Officer/Building Inspector, the Library Director, the Director of Emergency Preparedness, the Tree Warden, the Museum at Portland Head Light Director, the Town Planner and the Harbor Master.
The Town maintains files of births, deaths, marriages, divorces, vehicle registration, voter registration, hunting and fishing licenses, and dog licenses.
Fiscal Capacity
The Budget Impact Schedule FY 93-97 is hereby incorporated by reference.
The Town Council is required by Charter to adopt a budget for the upcoming fiscal year by May. The FY 1993 budget for the Town of Cape Elizabeth is 14,071,439 for a tax rate of 17.12 per $1,000 of valuation. The chart below illustrates that Cape Elizabeth's full-value tax rate is comparable to comparison communities.
Table 14 1991 Full-value Tax Rate
Cape Elizabeth $13.83 Cumberland $13.83 Falmouth $13.63 Scarborough $13.78 South Portland $15.64 Yarmouth $16.03
72 Source: Maine Municipal Association, Local Government Resource Center
73 Historically, the Town has experienced increases in excess of the rate of inflation in the tax rate. The cumulative rate of increase over a 10-year period has been $8.88 per $1,000 valuation. Of the total 115% of increase over the past ten years, most of the increased revenue (81%) has been devoted to the School Budget. This is attributable to state support of education declining as a percentage of the budget.
Table 15
Table __
18
Tax Rates FY 1981 to 19
16
14
12
10
8
6
4
2
0 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992
Source: Tax Records, Town of Cape Elizabeth
The major source of revenue for the Town Budget is the property tax. The property tax has funded 66% of the municipal budget in FY 1990. The trend is toward increased reliance on the property tax as other revenue sources, such as state and federal transfer payments and interest income decreases.
74 Table 16
Revenue Sources in 1990
20% Intergovernmental
Transfers
2% Interest
2%Community Service
2% Other
1% Licenses
7% Excise
66% Property Tax
Source: Annual Report
The greatest expenditures in the town budget are in education, followed by the Public Safety and Public Works Departments. The most rapidly rising expense in the budget is Benefits and Insurance. With the drop in other revenues and increased expenditures, it remains a challenge to maintain funding for capital improvements. Table 17
Table __
Expenditures in 1990
3.3% Cultural Services 3.1% Comm Serv
2.2% County
3.1% Capital Improve.
4.3% Benefits
1.2% Other
4.3% Gen. Government
.4% Health/Welfare
6.4% Public Works
7.1% Public Safety 63.4% Education
1.2% Debt Service
Source: Annual Report
75
Public Works
The Public Works Department's office, equipment storage area and repair bay is located in the center of the Town, close to the Public Safety Building. Off-season equipment is stored at Fort Williams. The Public Works Department is made up of 16 full-time personnel, including the Director.
The Parks Division is a division of public works and is responsible for maintaining the school grounds and athletic fields, Riverside Memorial Cemetery, and other Town-owned property such as traffic islands. Two full time persons are employed in the Parks Division year-round, and are assisted by 4 additional part-time workers during the summer months.
Fire Department
The Fire Department is made up of a full-time Fire Chief and a volunteer force consisting of two Deputy Chiefs, three Captains, ten Lieutenants, and seventy firefighters and rescue personnel. Town Rescue personnel also include 15 volunteer members of the Water Extrication Team (WET).
The Fire and Rescue responded to 425 calls in 1991 helping 279 citizens with their medical needs with a paramedic service. The Fire Department protects a town valuation of $578,228,070 and only had a fire loss of $89,500 in 1991, or less than .002%. The FY 1991 budget for the Fire Department was $112,534. With a population of 8,854, it costs each citizen $12.71 a year for fire protection.
Volunteer firefighters are paid on an hourly basis, while volunteer rescue persons are not paid (per their own wishes). The lack of a full-time fire and rescue department is felt most strongly during the day, when most of the volunteers are out of the Town at their regular daytime jobs.
Cape Elizabeth Fire Department has two stations. Engine One is located on Shore Road at the South Portland line. It houses a 1985 mini-pumper and a 1978 1000 gallon per minute pumper.
Station 2 houses a 1950, 65' Junior Seagrave Aerial, which is in the process of being replaced; a 1971 Howe 1000 GPM pumper; a 1981 Continental 1000 GPM pumper; and 2 rescue ambulance vehicles (1977 Chevrolet and 1986 Ford). The need for additional office facilities will be further increased if the Town decides to start employing full-time rescue personnel in the near future.
Station Two will need to be expanded in order to accommodate the size of new fire trucks and to provide more office space. The Engine One Fire Station needs to be expanded. With there being little to no additional land area within which to physically expand and since its location on the South Portland border is less than ideal, relocation of this station may be the best solution.
Police Department
76 The police department is made up of a Police Chief, a patrol captain, three patrol sergeants, six patrol officers, four public safety dispatches, one animal control officer, four police reserve officers, and four reserve dispatches. The Police Department is housed in the Public Safety Building.
There is some overcrowding in the Police Department's facilities, especially in the storage area.
77 Library System
The library has 40,021 volumes (including reference books and childrens' books), a figure that is well above the recommended standard for a town the size of Cape Elizabeth.
In the past, the library's biggest problem was a lack of space. In 1986, however, the amount of available library space increased by 81,000 sq ft (approximately 95%) when the Pond Cove Annex was added. In addition to being used for library purposes, the "annex" houses two rooms for historic records preservation (under the administration of the Board of Historic Preservation), an office for the Cape Elizabeth Arts Commission, a conference room and kitchen facilities that are available for public use. The "old library" has a basement room with kitchen facilities that is also available for community use. Currently this room is used for scout meetings, community services programs/adult education, and library programs.
Sanitary Sewer and Subsurface Disposal Systems
The more densely populated neighborhoods of Cape Elizabeth are served by public sewer service (see Map 13). The northern sewer service area is served by the South Portland Sewage Treatment Plant, under a contract between Cape Elizabeth and South Portland. The center of the Town has, for decades, been served by the Cape Elizabeth Sewage Treatment Plan, which is located off Spurwink Avenue adjacent to the Spurwink Marsh. The recent construction of a new sewage treatment plant allowed the expansion of municipal sewer service to new areas within the Town. This new capacity for additional sewage treatment, however, created a controversy in the late 1970's and early 1980's.
The major impetus for the new treatment plant was that a number of residential neighborhoods had been built in areas with poor soils for individual septic systems. Some of these areas had documented private septic system failure rates of up to 23 percent. After several plans, study committees and referendums, the voters finally approved a policy to increase the capacity of the new sewage treatment plant in order to serve those areas with the highest level of known septic system problems, existing sewered areas of the Town, limited in-fill development, and to handle flows resulting from stormwater infiltration (see Appendix 4).
In order to ensure that no future expansion of the public sewer system would be necessary, the Cape Elizabeth Sewer Study Committee advised that ordinances and enforcement practices be reviewed to assure that availability of subsurface system design standards and regulations which will minimize failure in areas throughout the entire Town not served by public sewer.
Private septic system problems are likely to occur, or currently are occurring, in portions of Fowler Road and in the Two Lights and Crescent Beach areas. It should be noted that a properly maintained subsurface disposal system can have a lifetime of 25 years or more.
Public Water Supply
Most of the Town is served by public water, which is supplied from Sebago Lake by the Portland Water District. A few homes (approximately 20 in number), however, rely on their own wells for water. These residences are located primarily in the south-east section of Town. The Hannaford Cove Road neighborhood was recently connected to the public water supply;
78 some residents, though, chose not to hook up. The primary contaminant in Cape Elizabeth's private well water is iron.
The Public Water supply is also accessible for fire fighting purposes to most of the residences within the town. Only a few houses on the Sprague property do not have access to public fire hydrants.
Recycling and Solid Waste
The Town's transfer station, recycling center, and dump are all located at the same site on Spurwink Avenue. Approximately 3,500 tons of waste are generated by the Town annually.
Table 18
Table __ Municipal Solid Waste Tonn
1980-1991
4000
3500
3000
2500
2000
1500
1000
500
0 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 Source: Regional Wastes Systems
The Town has an aggressive recycling program which includes recycling of newsprint, aluminum cans, glass, and plastics. Office paper is also now recycled at the school, town hall, and other public buildings. Over 8% of municipal waste is recycled through Regional Wastes Systems (RWS). In combination with other programs, over 25% of municipal waste is recycled. Used automobile oil is also collected, free of charge. The town owns a chipper that can chip branch length wood (about 15 inches long). The chips are either taken home by Town residents or are used for landfill cover. The site does accept demolition debris. Clean wood waste is burned and the rest is compacted and sent to RWS. The amount of space for this demolition debris, however, is limited. When Regional Waste Systems opens its stump dump site, the Town's demolition debris will then be transported to this site.
Table 19 Comparison of Waste Recycled FY 1992
79 Tons MSW Tons Recycled % Recycled
Cape Elizabeth 3442.10 321.22 8.54% Cumberland 2368.28 243.37 9.32% Falmouth 2715.24 170.94 5.92% Scarborough 4786.43 212.64 4.25% South Portland 8325.67 330.35 3.82% Yarmouth 2689.90 226.34 7.76%
Source: Regional Wastes Systems
Community Services
The Town offers a catalog of community education classes and group trips. Over two hundred different subject areas are offered which appeal to residents of varying age groups, time schedules and interests. Enrollment in Community Service Programs has grown to over 15,000 in 1990.
School Department
The Cape Elizabeth School System governing body is a 7-member elected School Board and also includes the Superintendent, a Principal at each of the three schools, 87 administrative and support personnel, and 133 full-time teaching positions. The High School, Middle School and Pond Cove Elementary are located on one 90-acre campus. Athletic fields and a bus garage are also located on the campus.
Total enrollment in September, 1992 was 1,620 students. The kindergarten students have been moved to a renovated wing of the High School as an interim measure to address space needs.
Table 20 School Department Enrollment, 1992
Pond Cove Elementary School (K-4) 685 Cape Elizabeth Middle School (5-8) 535 Cape Elizabeth High School (9-12) 400
TOTAL 1,620
Projected enrollments in the school system show declining enrollment at the High School, the largest and most modern school building. Enrollment in the elementary school grades is increasing.
Table 21 Cape Elizabeth Enrollment Projections 1990-2000
K 1 2 3 4 5 6 7 8 9 10 11 12 SE Total 1990-91 139 126 132 136 15 133 131 10 106 11 96 96 105 5 1579 7 1 6
80 1991-92 119 145 135 133 14 162 136 13 98 10 117 92 99 8 1618 0 2 2 1992-93 139 124 155 136 13 144 165 13 128 94 103 11 95 8 1677 7 7 2 1993-94 119 145 133 157 14 141 147 16 133 12 95 99 115 8 1721 0 6 3 1994-95 135 124 155 134 16 144 144 14 161 12 124 91 102 8 1760 2 8 8 1995-96 131 140 133 157 13 167 147 14 144 15 129 11 94 8 1807 8 5 5 9 1996-97 140 136 150 134 16 142 178 14 141 13 157 12 123 2 8 8 4 1997-98 150 145 146 152 13 167 145 17 144 16 139 15 128 8 1 5 1 1998-99 - - - 147 15 142 178 14 166 13 136 13 156 7 6 8 3 1999-00 - - - - 15 162 145 17 142 15 139 13 137 1 1 9 1
Source: Elementary, Intermediate, and Middle School Study, September 1991.
The School Board is recommending an expansion and renovation plan for the Middle School and is considering new construction to replace three existing portable classrooms.
81 Regional Coordination
Town Officials have a long history of membership in and leadership of regional planning and coordination groups. Town Officials are currently members in the following groups.
Association of Maritime Museums Casco Bay Estuary Project Chamber of Commerce Cooperative Extension Service County Jail Committee Cumberland County Affordable Housing Venture Cumberland County Hazardous Materials Task Force Cumberland County Managers Association Cumberland County Planners Association Cumberland County Soil and Water Conservation District Cumberland County Superintendents Association Fire Chiefs Association Greater Portland Council of Governments Maine Association of Planners Maine Municipal Association Northern New England Chapter of the American Planning Association Police Chiefs Association Portland Water District Public Works Association Regional Waste Systems United Way
82 HOUSING BACKGROUND INFORMATION
Housing Growth Trends
Between 1970 and 1990 Cape Elizabeth added a total of 955 new housing units to its housing stock, thereby increasing its housing stock by 37% (refer to Table 22). Of these new units, 323 were built during the 1970's. The number of new housing units that have been built since 1980 exceeds the number of new housing units that were built in the 1970's; from 1980 to 1990 an additional 632 units have been built.
The pace of housing growth in Cape Elizabeth has been slow in comparison to the other five communities listed in Table 22. Both the numerical and percentage increases in housing units that took place in Cape Elizabeth from 1970 to 1980 were comparatively small. Numerically, Scarborough grew the most during these years, adding 1,402 housing units to its stock. And with an additional 1,286 new units, South Portland was not far behind. Yarmouth experienced the largest percentage growth in its housing stock (54%).
Table 22 Housing Units in Cape Elizabeth and Comparison Towns 1970, 1980 and 1990
Unit Types Cape Elizabeth Cumberland Falmouth Scarborough Yarmouth S. Portland County
Year Round: 1970 2,377 1,263 2,019 2,588 1,673 7,130 64,672 1980 2,767 1,723 2,544 4,038 2,551 8,407 82,631 1990 3,364 2,074 3,189 4,960 3,205 9,659 99,656 70-80 increase 390 460 525 1,450 878 1,277 17,959 % increase 16% 36% 26% 56% 52% 18% 28% 80-90 increase 597 351 645 922 654 1,252 17,025 % Increase 22% 20% 25% 23% 26% 15% 21%
Seasonal: 1970 124 243 145 243 46 20 9,391 1980 57 258 120 195 101 29 9,170 1990 92 291 133 431 104 54 10,234 70-80 increase -67 15 -25 -48 -55 9 -221 % increase -54% 6% -17% -20% -120% 45% -2% 80-90 increase 35 33 13 236 3 25 1,064 % Increase 61% 13% 11% 121% 3% 86% 12%
Total: 1970 2,501 1,506 2,164 2,831 1,719 7,150 74,063 1980 2,824 1,981 2,664 4,233 2,652 8,436 91,801 1990 3,456 2,365 3,322 5,391 3,309 9,713 109,890 70-80 increase 323 475 500 1,402 933 1,286 17,738 % increase 13% 32% 23% 50% 54% 18% 24% 80-90 increase 632 384 658 1,158 657 1,277 18,089 % Increase 22% 19% 25% 27% 25% 15% 20%
Source: 1970, 1980, 1990 Census
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84 Housing Stock
Of the 3,456 housing units that existed in Cape Elizabeth in 1990, 3,094 were single family homes and 270 were multifamily units. Multifamily units have represented roughly to same percentage of Cape Elizabeth's total housing stock over the last few years. In 1970 multifamily composed 7% of the towns total housing, in 1990 they represented 8%. Of the comparison communities only Cumberland had a lower percentage of multifamily units with multifamily units representing 2% of the total housing stock in 1990. In contrast Scarborough, South Portland and Yarmouth had 12%, 38% and 27% respectively of their housing stock made up of multifamily units.
From 1970 to 1980, single family housing increased by 297 units. From 1980 to 1990, 588 single family units were built in Cape Elizabeth. The total increase in single family housing from 1970 to 1990 was 885 (40%). During the same period (1970-1990) 102 multi family units were built.
Table 23 Year-round Single and Multifamily Housing Units 1970, 1980 and 1990
1970 1980 1990 Town Single Multi Single Multi Single Multi Cape Elizabeth 2,209 168 2,506 261 3094 270 Cumberland 1,220 43 1,660 63 2029 45 Falmouth 1,854 165 2,341 203 2,733 456 Scarborough 2,326 262 3,470 568 4,367 593 South Portland5,0762,054 5,577 2,830 6,020 3,639 Yarmouth 1,212 461 1,681 870 2,330 875
Municipal Profile, September 1988, Greater Portland Council of Governments Data Service
Table 24 Changes in Single and Multifamily Housing Units 1970, 1980 and 1990
1970-1980 1980-1990 Town Single Multi Single Multi Cape Elizabeth 297 93 588 9 Cumberland 440 20 369 -18 Falmouth 487 38 392 253 Scarborough 1,144 306 897 25 South Portland 501 776 443 809 Yarmouth 469 409 649 5
Municipal Profile, September 1988, Greater Portland Council of Governments Data Service
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With respect to the other comparison towns, Cape Elizabeth's gains in both single and multifamily housing units have been small. The percentage of housing stock devoted to multifamily dwelling units has also been small. Cape Elizabeth has approximately 8% of its total housing in multifamily units, while South Portland and Yarmouth have maintained much higher percentages of multifamily housing (see Table 25).
Table 25 Percentage of Total Housing Stock Devoted to Multifamily Housing 1970, 1980 and 1990 Town 1970 1980 1990 Cape Elizabeth 7% 9% 8% Cumberland 3% 4% 2% Falmouth 8% 8% 14% Scarborough 10% 14% 12% South Portland 29% 34% 38% Yarmouth 28% 34% 27%
Municipal Profile, September 1988, Greater Portland Council of Governments, Data Service.
Cape Elizabeth's seasonal housing stock decreased dramatically from 1970 to 1980. The number of seasonal units went from 124 to 57, a loss of 67 units or 46% of the 1970 stock. Overall, seasonal housing represented 5% of the town's total housing in 1970 and 2% in 1980. The conversion of seasonal units to year-round units could account for some or most of this decline. By 1990, seasonal units had increased slightly to 92 units.
Table 26 Year-Round and Seasonal Housing Units 1970, 1980 and 1990
1970 1980 1990 Year-Round 2,377 2,767 3364 Seasonal 124 57 92 Total 2,501 2,824 3456 % Seasonal 5% 2% 3% % Year-Round 95% 98% 97%
Source: U.S. Census, General Housing Characteristics, 1970, 1980 and 1990.
Housing Costs
The median selling price of houses in Cape Elizabeth have been the median of the studied communities (see Table 27). From 1983 to 1990 the median selling price of houses in Cape Elizabeth increased 108%. All of the comparison communities have recently witnessed large increases in the median selling price of homes. While increases in the late 1980's were strong, selling prices had begun to drop in many communities by 1990. Between 1989 and 1990, only Scarborough and Yarmouth experienced increases in the 86 median selling price. There is quite a range of median selling prices as well. In 1990, the median selling price of a home in South Portland was $99,950 while in Yarmouth it was $187,500.
87 Table 27 Housing Price Trends Median Selling Price 1983, 1985 and 1987 Change in $ Town 1983 1988 1989 1990 1983-1990 Cape Elizabeth $76,600 $155,000 $165,000 $159,000 108% Cumberland $75,750 $172,000 $180,000 $172,500 128% Falmouth $77,500 $164,875 $175,950 $146,750 89% Scarborough $75,600 $145,250 $135,000 $139,500 85% South Portland $50,750 $105,000 $105,500 $99,950 97% Yarmouth $70,000 $153,750 $168,000 $187,500 168%
Source: Multiple Listing Service
Housing Affordability
The 1989 Report of the Cape Elizabeth Affordable Housing Committee is hereby incorporated by reference. The Report found that there is virtually no single family housing on the market which is affordable to median-income Cape Elizabeth buyers. The first recommendation of the Report, to "adopt a Housing Policy as part of its Comprehensive Plan," was implemented by the Town Council in 1991.
Amendments to the Zoning Ordinance adopted in 1991 now require that ten percent of all major subdivisions must be affordable to moderate income buyers, based on the Portland MSA median income. The amendments also offer density bonuses if an entire development will be affordable. The units must be permanently affordable.
Housing Conditions
As of March 1990, 759 of Cape Elizabeth's year-round housing units were built in 1939 or earlier. Another 2,697 were built after 1939. Age is an indicator of housing condition and roughly 21% of Cape Elizabeth's housing stock was constructed in 1939 or earlier. This fact could indicate that more maintenance needs are required for these houses. However, by examining other criteria used to judge housing condition, it seems that most of the older houses in Cape Elizabeth are being adequately maintained.
The lack of complete plumbing for exclusive use is another indicator of housing condition. U.S. Census figures for 1990 indicate that Cape Elizabeth, and Cumberland County have good housing conditions.
88 Table 28 Housing Condition 1990
Cape Elizabeth Cumberland County
Total Units 3,456 109,890 # lacking complete plumbing* 6 1,592 % lacking complete plumbing <1% 1% Total Occupied Units 3,257 94,512
Source: U.S. Census, General Housing Characteristics, 1990
*lacking complete plumbing for exclusive use is defined by the US Census as occurring when 1) all three specified plumbing facilities (hot and cold piped water, a flush toilet, and a bathtub or shower) are present inside the unit, but are also used by another household; 2) some but not all the facilities are present; or 3) none of the three specified plumbing facilities is present.
Occupancy and Housing Availability
All of the communities studied had low rental vacancy rates in 1980 which indicates that finding rental space in which to live could be difficult. The percentage of occupied units that were rental units varied widely from community to community. In Cape Elizabeth, 14% of the Town's occupied housing units were rental. In comparison, percentages ranged over the other communities from 7% in Cumberland to 37% in South Portland (refer to Table 29). In all but one of the six communities the percentage of renter occupied units was lower than Cumberland County's percentage. Cumberland County had 36% of its occupied units as renter occupied units as renter occupied, in Yarmouth 32% were renter occupied, in South Portland 37%, Scarborough 23%, Falmouth 20%, Cape Elizabeth 14%, and Cumberland 7%.
The small percentages of renter occupied housing, coupled with the relatively small number of housing units, indicates that the housing options for those who cannot afford to own their own homes are limited in Cape Elizabeth. Vacancy rates in rental units have increased somewhat by 1990; however the rental market in these communities is still relatively tight.
89 Table 29 Occupancy Rates 1990
Municipality Total Units Owner Renter % Renter Occupied Occupied Occupied Occupied
Cape Elizabeth 3,257 2,796 461 14% Cumberland 2,021 1,873 148 7% Falmouth 3,076 2,463 613 20% Scarborough 4,742 3,642 1,100 23% South Portland 9,288 5,811 3,477 37% Yarmouth 3,068 2,083 985 32%
Cumberland County 94,512 60,812 33,700 36%
Source: U.S. Census of Population and Housing
Table 30 Rental Vacancy Rates
Town 1980 1990 Cape Elizabeth 2.4% 5.5% Cumberland 2.1% 4.5% Falmouth 4.0% 6.1% Scarborough 5.3% 7.0% South Portland 4.3% 4.3% Yarmouth 5.8% 5.8%
Source: U.S. Census of Population and Housing
Future Housing Growth
Cape Elizabeth's housing stock is forecast to increase by 510 housing units, which represents a 15% increase.
Table 31 Housing Projections 1990 and 2000
Number of Year Units # Change % Change
1990 3,456 2000 3,966 510 15%
90 Source: Greater Portland Data Service.
91 ECONOMIC CONDITIONS BACKGROUND INFORMATION
The employment opportunities in Cape Elizabeth and an employment/income profile of the Town's residents are included in this section.
Economic Activity Within Cape Elizabeth
Cape Elizabeth has a very small employment base, since most residents in the labor force work outside of the Town's borders. Employment classified as "other services" constitutes the largest segment of employment within Cape Elizabeth (see Table 32); teachers and other persons employed in the Cape Elizabeth school system are included in the "other services" classification. The businesses with the second and third largest employment level in Cape Elizabeth are "retail trade" establishments and "finance, insurance and real estate", respectively. It should be noted that employment in the retail sectors tend to be either part-time or seasonal in nature. Construction employment has dropped significantly from the 1985 levels, coinciding with the beginning of the recession.
Table 32 Employment in Cape Elizabeth, by Type of Business* 1980, 1985 and 1989** Percent of Total Sector Employment 1980 1985 1989 1980 1985 1989
Retail Trade 131 237 266 17% 25% 19% Wholesale Trade S S 35 S S 3% Other Services 425 478 629 56% 50% 45% Construction 64 152 80 8% 16% 6% Finance, Insurance, and Real Estate 14 26 247 2% 3% 18% Manufacturing S S S ------Transportation 0 S 16 0% -- 1% Agriculture 61 42 46 8% 4% 3% Public Admin. 68 29 37 9% 3% 3%
Total Nonfederal 763 964 1,400 100% 100% 100% Employment
Source: Bureau of Economic Analysis, Maine Department of Labor.
* This includes all covered employment, that is workers of employers subject to the Maine Employment Security Law (Federal workers are not included). ** Numbers are third quarter averages (the average of figures for July, August, and September) S= Suppressed Data
92 Farming and fishing are economic activities that have historically taken place since Cape Elizabeth was first settled. The numbers of residents pursuing agricultural activities have been steadily declining, including over the past seven years (see Table 32). Fishing remains relatively viable in Cape Elizabeth. Of the total moorings granted by the Town, fifty-seven are used by commercial vessels. The number of full-time lobstermen (five) has remained stable in recent years. The number of part-time lobstermen working out of Cape Elizabeth, however, has grown significantly. In 1978, nine of the boats moored at Kettle Cove were owned by part-timers, but this number increased to forty-two boats in 1988. Since mooring areas are reaching their capacity in Cape Elizabeth, it is predicted that the large growth in the number of part-time fishermen will not continue.
In 1989, 1,400 persons were employed within Cape Elizabeth, which accounted for 0.9% of the total employment in Cumberland County. The comparison communities provided the following percentages of total employment in Cumberland County: Cumberland - 0.6%; Falmouth - 2.7%; Scarborough - 4.7%; South Portland - 13.2%; and Yarmouth - 1.9%.
Employment Held by Town Residents
There were 4,441 Cape Elizabeth residents in the labor force in 1990 (see Table 33). Of this total number, 33 percent (1,469 residents) were employed by "professional and related services" businesses. In addition, 15 percent (675 workers) were involved in retail trade businesses and 10 percent (428) worked for manufacturing companies.
Table 33 Cape Elizabeth Residents' Employment, by Type of Business-1990
Industry Type Number of Residents*
Professional and Related Services: 1,469 •Health Services [579] •Educational Services [352] •Other Professional [538] Retail Trade 675 Manufacturing: 428 •Durable Goods [186] •Nondurable Goods [242] Finance, Insurance and Real Estate 636 Wholesale Trade 193 Construction 223 Business and Repair Service 196 Transportation 141 Personal, Entertainment, and Recreation Services 191 Public Administration 125 Communications and Other Public Utilities 77 Agriculture, Forestry, Fisheries and Mining 87 Total 4,441
Source: U.S. Census, STF3A, 1990
93
*Includes Workers 16 years and older
Within these industries, most Cape Elizabeth residents are employed in white collar jobs (see Table 34). In 1990, 44 percent (1,963 persons) of all employed Cape Elizabeth residents held managerial and professional occupations, while another 35 percent (1,546 persons) of the labor force worked in technical, sales, and administrative positions. Conversely, only 5 percent (241 persons) of the workers from Cape Elizabeth were classified as working in the operations, fabrications and laborers category.
94
Table 34 Cape Elizabeth Residents' Employment, by Occupation
Occupation Total
Managerial and Professional Specialty Occupations •Professional Specialty 1,052 •Executive, Administrative, and Managerial 911
Technical, Sales, and Administrative Support •Administrative Support , Inc. Clerical 713 •Sales 723 •Technicians and Related Support 110
Service Occupations: •Precision Production, Craft, and Repair 242 •Service, Except Protective and Household 333 •Private Household 7 •Farming, Forestry, and Fishing 83 •Protective Service 26
Operations, Fabricators and Laborers: •Handlers, Equipment Cleaners, Helpers, Laborers 56 •Transportation and Material Moving Occupations 59 •Machine Operators, Assemblers and Inspectors 126
Total 4,441
Source: U.S. Census, 1990
*Includes Workers 16 years and Older.
Residents' Place of Work
Most Cape Elizabeth residents work in Portland. Table 35 indicates that 58 percent (1,936 persons) of Cape Elizabeth's labor force worked within Portland's city limits in 1980. An additional 28% of the total number of employed residents worked in either South Portland or Cape Elizabeth, with the remainder being allocated to other communities.
95 Table 35 CAPE ELIZABETH RESIDENTS' PLACE OF WORK* - 1980
Place of Work Number of Workers Percentage of Total
Augusta 28 0.8% Bath 14 0.4% Biddeford 28 0.8% Brunswick 13 0.4% Buxton 21 0.6% Cape Elizabeth 605 18.0% Falmouth 43 1.3% Gorham 10 0.3% Portland 1,936 58.4% Saco 28 0.8% Scarborough 206 6.1% South Portland 347 10.3% Westbrook 46 1.4% Yarmouth 12 0.4%
Sources: STR#A 1980, and the 1980 Census of Population-Place of Work Not available from 1990 Census until 1993
*Includes workers 16 years of age and over.
Income
A. Per Capita Income
Cape Elizabeth has maintained a very high per capita income level. Per capita income is equal to the aggregate money income of a town divided by the resident population and represents money income only.
Table 36 Per Capita Income of Cape Elizabeth and Comparison Communities
Municipalities 1979 1989 '79- 89 % change Cape Elizabeth $10,451 $27,630 164% Cumberland $8,817 $22,482 155 Falmouth $9,003 $24,793 175 Scarborough $7,389 $17,849 142 South Portland $6,382 $14,885 133 Yarmouth $8,011 $19,562 144
Cumberland County $6,694 $15,816 136 State of Maine $5,766 $12,957 125
Source: U.S. Census 1990.
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97 B. Household Income
The Cape Elizabeth's median household income was $47,642 in 1990, which was higher than that for the comparison communities, with the exception of Cumberland (see Table 37). Table 38 shows the distribution of household income, by percentage, for Cape Elizabeth and Cumberland County. This graph indicates that Cape Elizabeth has a larger percentage of households in the $50,000 and over income category and a smaller percentage of households in the less than $25,000 income bracket, compared to Cumberland County as a whole.
Table 37 Median Household Income of Cape Elizabeth and Comparison Communities, 1990
Municipality
Cape Elizabeth $47,642 Cumberland $50,161 Falmouth $44,863 Scarborough $40,718 South Portland $31,877 Yarmouth $40,191
Source: U.S. Census of the Population, 1990.
Table 38
Household Income Distributions: Cumberland County and Cape Elizabeth
9% 0.24 24% 16% $50,000-$74,999 23% 21% $35,000-$49,000 21% 17% $25,000-$34,999 13% 25% $10,000-$24,999 16% 12% <10,000 4% 0% 5% 10% 15% 20% 25%
Cape Elizabeth County Source: U.S. Census
98 Unemployment Rates
The unemployment rate of Cape Elizabeth's residents is very low. The state and federal unemployment figures reflect persons who are unemployed due to job loss, as well as persons who are in between jobs or making career changes. For those reasons, it is virtually impossible to have an unemployment rate of 0%.
Table 39 Cape Elizabeth's Labor Force and Unemployment - 1985 and 1990 1985 1986 1990
Labor Force 4,356 4,802 4,531 Employed 4,287 4,739 4,441
Unemployment Rate 1.6% 1.3% 1.4% 2.0%
Source: Bureau of Employment Security, Maine Department of Labor/U.S. Census
Regional Economic Impacts
As previously noted, Cape Elizabeth residents are primarily employed (almost two-thirds) in the professional, managerial and technical/administrative support positions. Over one-half of Cape Elizabeth workers are employed in the City of Portland. As the regional economy lags and businesses suffer, Cape Elizabeth will also feel the impact.
Some of the largest failed businesses in the region have been owned by Cape Elizabeth residents. The failure and/or sale of several Maine banks have impacted stockholders and bank officials, many of whom live in Cape Elizabeth. The local impact is evident in the increase in tax liens and foreclosures. While the tax collection rate has improved over the past year, the tax collection rate is down from five years ago and the amount of uncollected taxes has increased.
At the same time, stable companies such as UNUM also employ many Cape Elizabeth residents. The trend of companies to move from the urban core to suburban areas has had no influence on the Cape Elizabeth economy. Unless there is a complete failure of the regional economy, Cape Elizabeth will continue to supply and be the residence of choice for much of the management talent for the region.
99 TRANSPORTATION BACKGROUND INFORMATION
The primary means of transportation in Cape Elizabeth is the automobile. There is no public transportation serving the Town, other than the Regional Transportation Program (RTP) which serves the special needs population. Air and bus service is available at the Portland Jetport and the Portland Greyhound Bus Station, respectively.
Circulation System
Cape Elizabeth has an established system of roads that reflects the Town's rural history. Many of the Town's arterial and collector streets are narrow and possess some sharp curves.
Most drivers on Cape Elizabeth's roads are utilizing them for "specific destination" purposes, in that they are either leaving Cape Elizabeth to go elsewhere, or are going to a specific destination within Cape Elizabeth. Given its geographic location and existing road system, there are very few vehicles that just pass through Cape Elizabeth en route to other places (for example, from the center of Scarborough to Freeport).
Cape Elizabeth has approximately 53 miles of town accepted roads. Historical development has also produced a significant number of private roads. Route 77 (Ocean House Road and Bowery Beach Road) serves the Town as the primary arterial road linking Cape Elizabeth with South Portland and Scarborough (see Map 14). Route 77 also serves seasonal traffic to Crescent Beach and Two Lights State Park. The Town's minor arterial roads include Shore Road, Mitchell Road, Spurwink Avenue (between Bowery Beach Road and Ocean House Road), Sawyer Road, Fowler Road, Two Lights Road, Broad Cove Road, and Fickett Road.
There are several collector/feeder roads that serve to link the Town's local and private streets with the arterial roadways. The collector/feeder thoroughfares such roads as in Cape Elizabeth include Spurwink Ave (between Ocean House Road and the South Portland border), Sawyer Road, Wells Rd, Scott Dyer Road, Oakhurst Road, Old Ocean House Road, Hill Way (between Scott Dyer and Route 77), Cottage Farms Road, Woodland Avenue, Ocean House Road (between Route 77 and Fessenden Road), and Eastman Road.
There is an existing bikeway along Route 77, which extends from the South Portland border to the Fowler Road/Bowery Beach Road intersection. This bikeway has been expanded over the past several years to its present length of 5.6 miles.
The Town also has a small system of sidewalks, mostly in proximity to schools. Along Shore Road, a sidewalk extends from the South Portland line to Fort Williams Park. Discussion continues regarding construction of some additional pedestrian travel ways on Shore Road from Fort Williams to Ocean House Road. A sidewalk exists along Woodland Road, the former location of the Cottage Farms School. In the Town Center, sidewalks extend from the Middle School on Scott Dyer Road to Ocean House Road and to the Public Safety Building. The Town Center Planning Committee is discussing extension of sidewalks through the Town Center.
Traffic Volumes
100 The level of traffic is relatively low on most of Cape Elizabeth's roads, even during the peak rush hours. There are some roads, however, that operate close to full capacity due to their narrow pavement widths and severe road curves. The following table depicts the traffic volumes on the most heavily used roads.
101
Table 40 Selected Traffic Volumes
Road 1981 1990 # change % change
Route 77 7670 9610 1940 20% South of Scott Dyer Rd Route 77 5580 7200 1620 23% South of Old Ocean House Rd Shore Road 1660 3010 1350 45% East of Rt 77, south of Lawson Scott Dyer Road 2110 2490 380 15% West of Rt 77, Wainwright Spurwink Ave 1660 2540 1260 50% West of Rt 77 at Scott Dyer Rd Sawyer Road 620 2390 1770 74% at Town Line
Source: State of Maine, Department of Transportation
A comprehensive transportation assessment of existing capacity and volume is needed. Generally, however, there appears to be a concern with capacity on Mitchell Rd.
Traffic Accidents
There are only a few high accident locations in Cape Elizabeth (see Table 41). According to the Portland Areawide Comprehensive Transportation Study (PACTS) criteria, any intersection experiencing 5 or more accidents per year is an intersection that requires further investigation. Using the PACTS criteria and town accident records from 1981 to 1987, four intersections were found to require further investigation.
Table 41 Traffic Accidents in Cape Elizabeth
Intersection Number of Accidents Year
Rte. 77/Shore Rd./ 5 1986 Scott Dyer Rd.
Rte. 77/Old Ocean House Rd 7 1987 (northern section)
Spurwink Ave. at Ocean House Rd 8 1981
Rte. 77 at Shopping Center 5 1982
Source: Maine Dept. of Transportation 102
103 The Route 77/Shore Rd/Scott Dyer Road intersection is especially troublesome during the summer, due to traffic congestion and the physical design of the intersection. Accidents at the Spurwink Avenue/Ocean House Road intersection appear to occur when people do not see the blinking light. Another potential problem area is at Stonybrook and Shore Roads, where the visibility is poor. So far, accidents in Cape Elizabeth have been kept to a minimum because most people know about the traffic problem areas and are cautious.
Automobile Ownership
In 1987, Cape Elizabeth had a high level of per capita automobile ownership (see Table 42) which is indicative of the Town residents' relatively large household incomes, the prevalence of two wage earner households, and the absence of public transit opportunities.
Table 42 Per Capita Automobile Ownership - 1980
Town Automobiles Per Person
Cape Elizabeth 1.2 Cumberland 0.7 Falmouth 0.8 Scarborough 0.7 South Portland 0.6 Yarmouth 0.7
Source: 1980 U.S. Census
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