The Town of Cape Elizabeth has requested that the Maine Department of Transportation lower the speed limit on Route 77, from the Inn By the Sea to the first intersection with Old Ocean House Road, from 40 mph to 35 mph.

The request stems from a recent Planning Board decision to require Rudy's of the Cape, 517 Ocean House Road, to paint a crosswalk across Route 77 as a condition of its change-of-use approval.

Last month the board approved Rudy's plan to change its use from a 38-seat restaurant and convenience store to an 80-seat restaurant. Two of the conditions were that the owner submit an agreement with neighboring St. Bartholomew Church to use 15 of its parking spaces for overflow parking; and, that a crosswalk be painted across Route 77 to help pedestrians cross from the church to the restaurant.

The board at the time was unaware that the state, which owns Route 77, does not allow crosswalks in locations with speed limits higher than 35 mph.

In a letter to state traffic engineer Bruce Ibarguen, Town Manager Michael McGovern said the Town Council desired the crosswalk not only for the shared parking negotiated for Rudy's, "but also for the residents of Broad Cove's 250 homes who walk to this restaurant." His letter went on to describe the business area that includes Kettle Cove Ice Cream and Take Out, The Good Table Restaurant and Jordan's Lawn and Garden Center.

The council voted unanimously to seek the speed-limit reduction at its meeting April 12, 2010.

"There are a lot of neighborhood kids who walk down Broad Cove Road and cross 77 to get to Rudy's or the prior business establishments, and I've often thought a crosswalk would be a great idea," said Councilor David Sherman, a Broad Cove neighborhood resident who said he has heard others in the neighborhood say the same thing.

At the April 12 meeting, McGovern said the transportation department had recently reviewed the speed limit along the length of Route 77 from Scarborough to the Sourth Portland line, and refused any change. "They indicated there was only one small area right below the town center where they would consider changing the speed limit," McGovern said. He said a roadway's geometric ability to support higher speeds, as well as accident history, influence the transportation department's judgment on speed limits. "These areas are not recognized as high accident locations by MDOT," McGovern said. He also said that he could not say how long it might take to get a response from the department.

Still, councilors said they believed asking for a lower speed limit was worth a try. "I'm in favor of going to MDOT and just seeing," said Town Councilor Sara Lennon. She said the small variation, and council persistence, might be enough to change the department's mind.

Last summer, the Planning Board approved a plan for a business-and-residential use on Shore Road that included a painted crosswalk to access parking across the street.

At their May meeting, the Planning Board is expected to consider a request to remove the crosswalk condition for Rudy's, made by the business's owner in light of MDOT's speed-limit restriction.