Neighbors opposing the Spurwink Woods housing development are saying Cape Elizabeth is underhandedly trying to change rules in favor of the proposed development.

The town said the proposed rule change went through the proper channels and favors roads connecting neighborhoods, a goal for the town’s future.

The plan does not adhere to existing development rules, said Cape resident Richard Bryant, a lawyer, and member of Neighbors for Sensible Development, an organization opposing the subdivision. The town is changing the rules to push this development through, he said.

Town Planner Maureen O’Meara said that while the rule change was triggered by the Spurwink Woods development, the change, if adopted, would advance the town’s goal of connecting neighborhoods.

“It has broader reaches than just this project…leaving the door open gives the town more flexibility to plan for the future,” she said. The neighborhood association is opposed to connecting dead-end streets.

The Spurwink Woods subdivision is a proposed 42-unit development on 26 acres located between Spurwink Avenue and Mitchell Road. The neighbors are primarily opposing the creation of what they describe as a short-cut road, linking Dermot Drive and Killdeer Road, currently dead-end roads.

The current rule prohibits cutting a lot in half with a road unless it meets a minimum size requirement. This applies to all lots. In a memo to the town council, the planning board said the original provision was intended to “thwart” single-family lots from being divided into smaller lots and sold.

The Spurwink Woods plan proposes building a road through a five-acre condominium lot containing eight housing units. Under the “bisected lots” rule, which applies to all lots, this would not be allowed. The proposed rule, if passed, would only apply to single-family unit lots, which the Planning Board said was the original intent.

Bryant and others are troubled that a rule change was recommended at last month’s Planning Board meeting without any reference to its connection to the Spurwink Woods proposal. He questioned whether the planning board understood the impact of the proposed change.

“It presents an appearance that the process is not as open and transparent as it ought to be,” said Bryant.

O’Meara said the Planning Board understood the implications of the change. A board member who wished to remain anonymous said the board knew what they were doing. “We’re no fools,” said the member.

Hank Andolsek, a member of Neighbors for Sensible Development, said the rule change was proposed following the Spurwink Woods public hearing at last month’s Planning Board meeting. He suggested it was intentionally placed on the agenda after the hearing concluded. “It’s disturbing because they did it after everybody left,” he said, adding he feels the Planning Board is tailoring the rules to fit the development.

O’Meara said the current rule is not aligned with the town’s development goals.

The recommended rule change was forwarded to the Town Council, which has referred it to the Zoning Board. The board will make a recommendation back to the council, which will then vote on the rule change.

Though the citizen action group is working towards halting the proposal with their own rule change, Andolsek said it’s difficult when it seems as though the town is supporting the development. “It’s this feeling of helplessness; there’s no advocate for citizens,” he said.

The neighbors have drafted a petition to create a new rule that would prohibit connecting dead-end streets. They’ve collected at least 767 signatures, which is the required 10 percent of Cape’s registered voters needed to present the petition to the town for approval. Bryant, who drafted the petition, said the group hasn’t decided when they’ll submit it. Once submitted and approved, it will go to the Town Council, which will either adopt it or send it to a referendum vote.

Neighbors say the increased traffic from the shortcut street will dramatically change their lifestyle. The developers, Spurwink Woods, LLC, say the traffic studies they’ve conducted don’t support that theory.

O’Meara has said in the past that neighborhood connectivity is the direction the town is moving. The adoption of the petition’s rule change would be a step backward, she said.

Meanwhile, the project’s development team is continuing to work to reach approval for the subdivision. At Tuesday’s Planning Board meeting, the developers presented proposed changes for storm water run-off drainage as requested by the board.

The proposed Spurwink Woods subdivision is a 42-unit project with 8 two-family condominiums and 24 single family homes. The average cost for a home would be about $400,000.