Town Of Cape Elizabeth
Cape Elizabeth News

08/12/04

Councilors accept state permit for bridge, boardwalk at Gull Crest

The state Department of Environmental Protection will allow construction of a bridge and boardwalk over the Spurwink River, on the Gull Crest property off of Spurwink Avenue, as long as the Town respects a 25-foot buffer on either side of the river.

This was good news for the Town, which in recent months has been lobbying for DEP permitting for the new construction.

The Town Council unanimously approved the permit offer with buffer requirement at their meeting Aug. 9.

Initial meetings with the DEP resulted in permitting offer in exchange for an easement over approximately 75 acres of the site. Town Councilors did not approve of the condition, however, and instructed staff to research the possibility of winning an appeal to the Board of Environmental Protection.

Most recent negotiations between Town staff and DEP, however, resulted in the offer by the DEP to grant a permit in exchange for the 25-foot buffer. The buffer would be located east of the Spurwink Avenue right-of-way and eastward to the limit of tidal influence. No alteration of the buffer, covering approximately 2 acres, would be allowed except for maintenance and replacement of existing utilities.

Last month, councilors hoped for a DEP permit without conditions under an exemption for public education facilities. Town Manager Michael McGovern reported however that the DEP no longer considers that exemption applicable to the project.

"This is a significant, significant adjustment in what they were earlier requiring," said McGovern. "I see this as an excellent agreement for the town," he said.

The state estimates that a permit could be issued by Sept. 1, allowing for construction this season, McGovern said.

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