Frequently Asked Questions
How may I contact the Planning Board members?
May I have a public notice sent to me?
When is the next Planning Board meeting?
When is the deadline for a Planning Board application?
Is there an application form?
What should be in my application?
What is an escrow account?
How does the Planning Board decide to approve a
project?
May I look at minutes of the Planning Board meetings?
How may I contact the Planning Board members?
The State of Maine's prohibition against Ex Parte communication requires
Planning Board members not to have private discussions about projects pending
before the Board. Members of the public and applicants may contact the Planning
Board by writing them a letter and sending it to the Town Planner. The Town
Planner will make copies for all Planning Board members and the letter will
become part of the public record. Members of the public may also speak to
the Planning Board during a scheduled Public Hearing.
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May I have a public notice sent to me?
Town ordinance requires that public notice be mailed to "owners, as currently
listed by the Town Tax Assessor, of all properties located within 1,000 feet
of the proposed subdivision, or of the 25 properties located nearest to it,
whichever number is less." When public notices are mailed out for a meeting,
typically several hundred notices are mailed out in a 24-hour period. With
this volume, it is likely that special requests for notices beyond the legal
requirement could be easily overlooked. Consequently, if you would not normally
receive a public notice, we encourage you to telephone the Planning Office
to determine the status of the project in which you are interested.
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When is the next Planning Board meeting?
The Planning Board holds a regular meeting on the
third Tuesday of the month and a workshop on the first Tuesday of the month.
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When is the deadline for a Planning Board
application?
Applications for the regular meeting must be received 18 days prior to the
meeting. A request to be on the workshop agenda must be made at least one
week before the meeting.
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Is there an application form?
Yes. It is a simple, one page form basically providing address information
and is available from the Planning Office.
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What should be in my application?
The information required for an application is included in the Submission
list in the Zoning Ordinance or the appendix in the Subdivision Ordinance.
Please see the section titled "Planning Board Review" to locate the appropriate
ordinance section.
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What is an escrow account?
An escrow account is an account funded by the applicant which is used to
pay for the time the Town Engineer spends reviewing the Planning Board
application. Prior to the Planning Board meeting, the applicant will be requested
to fund the account at an amount estimated by the Town Engineer. If the project
is approved and funds are left over in the account, they will be rebated
to the applicant. If additional funds are needed, the applicant will be requested
to add money to the account. The intent of the account is to shift some of
the cost of development review from the taxpayer to the applicant. Applicants
who incur the cost of preparing quality plans for submission to the Planning
Board later benefit from lower escrow account costs.
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How does the Planning Board decide to approve a
project?
The Planning Board is required to apply standards in the town ordinance and
determine if the application complies with the standards. See the section
titled Planning Board Review to locate the appropriate ordinance section.
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May I look at minutes of the Planning Board
meetings?
Minutes of Planning Board meetings extending back to 1967 are available in
the Planning Office for public review and copying.
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Planning Board Review
Most development, other than construction or addition to a single family
home, will require some type of Planning Board review.
The need for Planning Board review is determined by the Code Enforcement
Officer, often when a building permit is requested. If Planning Board review
is required, the applicant should contact the Town Planner and schedule a
meeting to discuss preparation of the development application. The Planning
Board conducts the following types of review:
The authority of the Planning Board to review development proposals is derived
from the Subdivision Ordinance and the Zoning Ordinance. The Planning Board
also reviews and comments on Zoning Ordinance Amendments and Subdivision
Ordinance Amendments before the Town Council considers adoption.
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Planning Board
The Planning Board consists of seven residents of the Town who are appointed
by the Town Council for staggered 3-year terms.
Board members may serve no more than
3 full consecutive terms. Each year, the Planning Board elects a Chair and
Vice-Chair who run the meetings.
The Planning Board holds a regular meeting on the
third Tuesday of the month and a workshop on the first Tuesday of the month.
To be on the Workshop agenda, applicants must notify the Town Planner at
least a week before the meeting and have a sketch plan to discuss with the
Planning Board. To be on the regular meeting agenda, the project must have
been discussed at a workshop. Submissions for the regular meeting must be
made no later than 18 days prior to the regular meeting.
Public notice is mailed to residents adjacent to projects that are on the
workshop agenda so that residents may gather information about the project.
Oral public comment, however, is not taken at the workshop. Public notice
is also mailed when a project first appears on the Planning Board regular
meeting agenda and when that project is scheduled for a public hearing.
The Planning Board encourages and appreciates public comment. Written comments
may be sent to the Planning Board at any time. Written comments should be
forwarded to the Town Planner, where they will be distributed to all Planning
Board members and added to the public record. Members of the public may address
the Planning Board during a scheduled Public Hearing.
Members of the public should not privately discuss with Planning Board members
projects currently before the Planning Board. This is considered "Ex Parte"
communication and could disqualify the Board member from voting on the project.
All of the information that a Board member uses to make a decision on a project
should be available for public review. A private discussion would not be
part of the public record, consequently, Planning Board members encourage
the public to write to the Planning Board with their comments or to speak
at a public hearing. For information about a project, residents should contact
the Town Planner and take the opportunity to review the project file available
in the Planning Office.
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Planning Board Project Files
All development proposals currently under review by the Planning Board are
filed in the Planning Office and are available for public review. In addition,
development approvals, including plans and correspondence, are available
for most developments approved by the Planning Board since 1985. Some files
are also available for developments approved prior to 1985.
Copies of files can be requested for a charge of 20 cents per page. Plans
larger than 11" x 17" can also be copied for a fee and usually are available
in one day.
Planning Board agendas, and meeting minutes dating back to November 1967
are available for public review and copying. Audio tapes are also available.
Minutes dating back to November 2001 are
available on this Web site.
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Planning Board Rules and Regulations
CAPE ELIZABETH PLANNING BOARD RULES AND REGULATIONS (effective 7/15/95)
Section 1
Organization of the Board
A. Board Membership
As stated in Article IV, Sec. 4-4-2 of the Town Code of Ordinances, the Planning
Board shall consist of seven (7) members who shall be residents of the Town
and who shall not be salaried officials of the Town. The members shall serve
without pay and shall be appointed by the Town Council to serve for staggered
three (3) year terms expiring on January 1.
B. Board Officers
1. A Chair and a Vice-Chair shall be elected annually by the Board members
at the regular January meeting and shall assume their duties at said meeting.
2. In the absence of the Chair, the Vice-Chair shall assume the duties of
the Chair.
3. Should both the Chair and the Vice-Chair be absent from a Board meeting,
a temporary Chair shall be appointed by the Chair prior to the meeting or
elected by a majority of the Board present at the meeting.
Section 2 Meetings
A. Regular - The regular meeting of the Planning Board shall be held
at 7:00 p.m. on the third Tuesday of each month in the Town Hall or such
other time and place that the Board may designate. The date, time and place
of any regular meeting may be changed by an order passed at the previous
meeting of the Board. The Board shall not begin to hear new agenda items
commencing after 10:00 p.m., except for items related to local ordinances,
Board operations or long-range planning.
B. Special - Special meetings may be called by the Chair or when requested
by a majority of the Board. Whenever possible, a special meeting shall be
announced at a prior regular meeting of the Board. The announcement of a
special meeting shall set forth the matters to be acted upon by the Board.
C. Workshop - Workshop meetings shall be held at the discretion of
the Chair. Such workshops shall be held on the first Tuesday of each month
whenever possible.
D. Site Walks - Site walks as deemed necessary by the Board may be
scheduled. Members of the public may attend site walks.
E. Quorum - A quorum for a meeting shall consist of at least four
(4) members of the Board.
Section 3 Conduct of Meetings
A. General
1. The Chair shall call the meeting to order at the appointed time. If a
quorum is present, the Chair shall call for the approval of the minutes of
the preceding meeting, and then proceed to business.
2. The Chair shall declare all votes. If any member doubts a vote, the Chair
shall order a recount of the affirmative and negative votes without debate.
The secretary shall record all votes.
3. In the conduct of its meetings, the Planning Board will be guided by the
latest edition of Robert's Rules of Order, Newly Revised.
4. Prior to consideration of an agenda item before the Board, each Board
member shall declare any potential conflict of interest to the Board with
respect to that item. A Board member may voluntarily refrain from participation
on an agenda item. If a question of a possible conflict of interest is raised
and the Board member asserts that there is no conflict that will influence
his or her conduct, the Board, after discussion, shall determine by a majority
vote whether a conflict exists. A Planning Board member with a conflict of
interest shall refrain from participating, influencing and voting on the
agenda item that precipitated the conflict of interest.
5. A presentation by an applicant shall not exceed 15 minutes in length without
the permission of the Chair.
B. Decorum and Order
The Chair shall preserve decorum and decide all questions of order and procedure.
C. Public
1. Members of the public wishing to address the Board concerning an agenda
item shall wait until the Chair asks for public comment. When recognized
by the Chair, the speaker shall state the speaker's name and address in an
audible tone for the record. The speaker shall limit remarks to the issue
under discussion.
2. Persons wishing to address the Board on an item not appearing on the agenda
may do so only after disposition of all items appearing on the agenda, and
only at the discretion of the Chair.
3. The Chair may reopen a closed public hearing with the consent of the majority
of the Planning Board.
4. Members of the Public may attend workshops. Public comment at workshops
shall be at the discretion of the Chair.
Section 4 Voting Procedures
A. The Board shall act only by order. Each order shall be confined to one
subject which shall be clearly expressed in the title of the order.
B. All votes of command shall be expressed as orders. All orders shall take
effect when passed unless otherwise provided.
C. The votes for and against the passage of an order shall be entered in
the proceedings of the Board recorded by the secretary. The affirmative vote
of a simple majority of the members present and voting shall be required
to approve a motion.
D. The Planning Board may reconsider any order within thirty (30) days of
the decision. A motion to reconsider may only be made by a member who voted
in the majority on the previous vote.
Section 5 Adoption and Amendments
No rule shall be amended or repealed without a recommendation from the Planning
Board and approval by the Town Council.
Section 6 Procedures
A. Agendas
1. Fourteen copies of plans and materials shall be submitted by an applicant
at least 18 calendar days before the Board meeting, unless otherwise specified
at the previous meeting. Late submissions shall not be placed on a Board
agenda.
2. At least ten days prior to a regular Planning Board meeting, the Town
Planner shall, in consultation with the Planning Board Chair and using
appropriate checklists, determine whether an application is adequate to be
placed on the agenda. An inadequate submission will not be placed on the
Planning Board agenda.
3. Prior to the meeting, the Town staff will make copies of the agenda available
to the applicants. The first time that the item appears on a Planning Board
agenda, appropriate notice shall be sent to all property owners within 500
feet of the property involved, or to the owners of the 25 properties situated
nearest to it, whichever number is greater. A second notice shall be mailed
to the same property owners at least 7 days before a scheduled public hearing.
4. A request to be on a workshop agenda shall be made at least ten days before
the meeting. Every time a development proposal appears on a Planning Board
workshop agenda, appropriate notices shall be sent to all property owners
within 500 feet of the property involved. Materials for Planning Board discussion
of a development project shall be provided by the applicant at the workshop.
No vote or decision shall be made by the Planning Board at a workshop, and
minutes of the meeting are not required.
B. Coordination with Others
In order to assure coordination between the Planning Board and other Town
bodies regarding development review, as well as other matters before the
Board, the Town Planner shall consult with other Town officials as necessary
or desirable, including the Town Engineer, the Conservation Commission, the
Code Enforcement Administrator, the Town Attorney, the Fire and Police Chiefs,
the Director of Public Works, and the Town Manager, as well as those who
may have a particular expertise or interest in a request for review.
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Plans and Assessments
Comprehensive Plan
The 1993 Comprehensive Plan is available for review in the Planning Office
and the Thomas Memorial Library and is available for sale in the Planning
Office for $15. The Comprehensive Plan was the product of more than two years
of work by the Comprehensive Planning Committee appointed by the Town Council.
The Comprehensive Plan includes extensive information about demographics,
statistical information, inventories, and 105 specific recommendations to
manage expected growth.
Town Center Plan
The Town Center Plan is available for review in the Planning Office and the
Thomas Memorial Library and is available for sale in the Planning Office
for $15. The Town Center Plan was adopted by the Town Council in 1993 after
a 2 year effort by the 9-member Town Center Planning Committee. The Town
Center Planning Committee was appointed by the Town Council and included
representatives from the Planning Board, Zoning Board, Town Council, Main
Street '90 Committee, Town Center Business owners and residents, and members
of the public.
The Town Center Plan proposes the following vision for the Town Center:
Create an identifiable Town Center that includes a village feeling, mixed
retail uses targeted to residents, a pedestrian inviting environment, a common
meeting place, visual vitality, and linkages to the Town's open space and
school assets.
The Plan includes 37 recommendations intended to implement the Vision statement.
Greenbelt Plan
The 1988 Greenbelt Plan is available for review in the Planning Office and
the Thomas Memorial Library and is available for sale in the Planning Office
for $10. The Greenbelt Plan outlines a strategy to create a greenbelt that
would allow pedestrians to walk from Fort Williams Park to Crescent Beach
without using the road network.
Visual Resources Assessment
Officially titled "An Assessment of the Visual Resources of Cape Elizabeth,
Maine," the Visual Resources Assessment was completed by a volunteer committee
in 1989. It inventories and ranks the town's scenic views and establishes
a methodology for evaluating the impact of development on new views. The
report is available for sale for $10.
Affordable Housing Report
The Report of the Cape Elizabeth Affordable Housing Committee, dated February
1989, was prepared by a 7-member volunteer group appointed by the Town Council.
The report includes an analysis of housing affordability in Cape Elizabeth
and 20 recommendations for increasing the amount of affordable housing.
Fort Williams Master Plan
The Master Plan of Fort Williams Park was prepared by the Fort Williams Advisory
Committee and presented to the Town Council in November, 1990. The Plan includes
a history of Fort Williams, site analysis and a master plan of proposed
improvements. The Plan includes several maps and is available in the Planning
Office for review and for sale for $12.
Open Space Inventory
The Open Space Inventory is a list, with maps, of all land that provides
legal public access. The list is divided into four categories: land owned
by the town, easements owned by the town, land owned by the Land Trust, and
easements owned by the Land Trust. The inventory is the basis for the Open
Space Impact fee applied to all subdivision applications and lists a total
of approximately 800 acres.
Historic Structures List
The Historic Structures list includes a picture and, in a few cases, historic
information about 89 structures which are recognized in the
Zoning Ordinance. Designation as a locally
historic structure means that any demolition permit for the structure would
be subject to a 45-day delay. The delay provides an opportunity for private
entities to explore ways to save the structure. At the end of the 45 day
period, the town will issue the demolition permit.
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Reviews and Procedures
Subdivision Review
The Planning Board conducts major and minor subdivision review of a division
of land which creates at least three parcels within five years. Much of the
Planning Board's procedure and review is required by the State Subdivision
Law. Many homeowners also request an "amendment to a previously approved
subdivision" when their home is not constructed according to the original
subdivision plan and they want to fix irregularities in their land title.
Site Plan Review
Site Plan review is generally required for construction or conversion of
nonresidential buildings on a single "site." Site Plan review is required
for construction of a single family home on a lot of less than 80,000 sq.
ft. in the Town Center District. Site Plan Review is intended to minimize
adverse impacts,, such as traffic, lighting, waste disposal, and stormwater
flow, on abutting properties and taxpayers. See Sec. 19-9 of the Zoning
Ordinance.
Resource Protection Permit
Most alterations to wetland areas and construction in the 100-year flood
plain require a permit from the Planning Board. You should ask the Code
Enforcement Officer if your project will require a Resource Protection Permit.
Because most land in Cape Elizabeth has wetland characteristics, it is not
unusual for a Resource Protection permit to be issued concurrent with other
reviews done by the Planning Board. If you need a Resource Protection Permit,
please meet with the Town Planner to go over the regulations in the Zoning
Ordinance. The description of the Resource Protection zones and what activities
require a Resource Protection Permit are located in [Sec. 19-6-9 of the Zoning
Ordinance.] ( The Resource Protection Permit is described in Sec. 19-8-3
of the Zoning Ordinance.)
Private Access Review
If a lot does not have sufficient frontage on a town-accepted road, or has
frontage on a private road only, then no building permit will be issued for
the lot without review by the Code Enforcement Officer or possibly the Planning
Board. The Planning Board makes sure that there is adequate access to the
lot for emergency vehicles and that any potential future development can
occur in a logical manner. See Sec. 19-7-9 of the Zoning Ordinance.
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Related Committees
Conservation Commission
The Conservation Commission consists
of seven town residents who are appointed by the Town Council. Conservation
Commission members may serve no more than 2 consecutive 3-year terms. The
Conservation Commission reviews and comments on development proposals under
review by the Planning Board. They also work to establish and mark Greenbelt
trails, create greenbelt maps, monitor water quality in town water bodies
and serve on related town boards and commissions.
Conservation Commission Agendas and Meeting minutes
Conservation Commission agendas and meeting minutes are available for public
review dating back to December, 1990.
Ordinance Committee
The Ordinance Committee is a three-member subcommittee of the Town Council.
Whenever an ordinance is proposed for the Town Council to consider, the Town
Council typically refers the ordinance to the Ordinance Committee for review
and comment. Following their review, the Ordinance Committee will refer the
ordinance back to the Town Council for final consideration.
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