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CAPE ELIZABETH An updated Town Center Plan in Cape Elizabeth, which calls for creating “an identifiable, vibrant town center that includes mixed retail uses for residents and visitors,” will be the topic of a public hearing, scheduled for Monday, Oct. 6 at 7 p.m. at the Town Hall on Ocean House Road.

Among the most recent changes to the 1993 plan, which were discussed at a Town Council workshop on Sept. 3, is the elimination of an earlier proposal that would have possibly meant altering the wetland protections within the Town Center zone.

In June, creators of an online petition, the Cape Environmental Coalition, turned in 238 signatures from residents who protested changes to Cape Elizabeth’s wetland protection rules.

Within the last year, the owner of the 4.5 acres of land, located south of Town Hall, presented a concept plan to the Town Center Planning Committee that proposed incorporating a 1-acre public village green into the potential development.

Though it was determined that the property can be developed without a town green, which includes less than one-tenth of an acre of wetland, a village green would enhance “the desirability of potential development and advances town goals,” said Town Planner Maureen O’Meara.

According to the draft 75-page Town Center Plan, “If a public village green is created in the town center, the town should consider allowing some flexibility in applying the minimum and maximum front yard setback (25-30 feet) so that a building could be placed to frame the village green.”

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Previously, the plan stated, “In order to signal support for the village green development concept, the Town should consider adoption of an amendment to the Town Center District that makes it clear that alteration of an RP2 wetland in the Town Center District would be acceptable where a substantial public benefit is created,” such as a village green.

According to O’Meara, information provided by the property owner recently showed no need for amendments to the town’s wetland ordinances. According to O’Meara, the Town Center property includes a small RP2 wetland near its center, which could be incorporated as a water element into the village green design.

“It appears that the wetland is not in a place that they would need to put parking or a building,” she said. “They seem very confident that the wetland is located where the green would be located.”

The town never made a “definitive” conclusion about whether it would need to amend its wetland regulations within the Town Center, she said.

“There was potentially a need, potentially not, we weren’t sure,” O’Meara said.

Also during the Oct. 6 hearing, the public will have a chance to comment on a draft application to create a tax increment financing district for the Town Center.

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“Any increase in tax revenues, or a portion of it, collected in the Town Center would be dedicated to infrastructure improvements within the Town Center,” according to the draft plan. “The increase in property values in the Town Center would also be sheltered from inclusion in state municipal revenue sharing, state aid to education and county tax calculations.”

O’Meara said that while there are tax increment financing districts that are “created specifically to lure or support new companies moving into town,” the TIF district Cape Elizabeth is seeking is “structured to build infrastructure independent of any business.”

In 2013, the Town Council appointed a nine-member ad hoc Town Center Plan Committee to review and update the 20-year-old plan, which includes goals to promote pedestrian safety, recognizing the Town Center’s status as the central commercial area, creating a village green and other community gathering places, improving visual appeal, and developing infrastructure financing, such as a tax increment financing district, to fund infrastructure improvements.

The Town Center Plan also provides seven recommendations, which include improving and expanding pedestrian and bicycle safety and connectivity of sidewalks and paths, designating Route 77 in the Town Center as a “main street”, updating the Town Center storm water management study and plan for construction of storm water improvements, and creating a town green or common space.

In August, Cape Elizabeth Town Manager Michael McGovern announced that the town had received a $16,500 grant from the Maine Department of Agriculture, Conservation and Forestry to update the Town Center storm water management plan.

O’Meara said though several of the recommendations outlined in the 1993 plan have been implemented over the years, the remainder of them, which includes storm water infrastructure and a village green, have not been completed due to financial constraints.

“We still have a lot of sidewalk work (to do),” said O’Meara. While there has been strong support for the improvements, “there was a lack of funding,” she said.

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