Town Of Cape Elizabeth
Cape Elizabeth News

03/15/06

Town conditionally accepts Spurwink Woods facilities; passes ordinance clarifying Planning Board role in traffic-calming

The Town Council on March 13 conditionally accepted parts of the proposed Spurwink Woods subdivision, and, at the same meeting, passed an emergency ordinance giving the Planning Board specific authority to require traffic-calming measures and to reduce the minimum width of streets.

The council's conditional acceptance of proposed roads, open space and easements is one of the steps toward final approval for Spurwink Woods, a 42-unit subdivision proposed for a 25-acre parcel between Dermot Drive and Killdeer Road.

The Planning Board last month granted preliminary approval to the subdivision, one that has generated controversy in the community on several fronts. It has prompted a citizen petition to outlaw new development that would create "short-cut" roads within developed neighborhoods.

The development also prompted another ordinance amendment, one passed as an emergency measure by the council immediately after their conditional approval of facilities that will be dedicated to the town. The emergency ordinance, an amendment to the subdivision ordinance, clarifies the Planning Board's authority to require traffic-calming measures such as raised tables and crosswalks, chicanes, stop signs and "any other reasonable method designed to calm traffic and discourage through-traffic."

It also grants the board authority to reduce road widths to 20 feet, down from the current 22-foot standard, as a traffic calming measure.

One of the Planning Board's conditions for its preliminary approval last month was the developer, Spurwink Woods LLC, meet with neighbors to find out what kinds of traffic calming measures they prefer. Specific concerns are with Columbus Road, currently a dead-end but with reported speed problems already due to its wide, straight configuration.

Planning Board members heard varied proposals for traffic calming at their meeting Feb. 27, but also heard that none other than stops signs were recommended by town staff.

Councilor Mary Ann Lynch, who proposed the emergency amendment, said she watched the Planning Board meeting and was concerned that members might have been confused as to what their authority was. Another source of confusion, Lynch said, might be the goal of the Town Council this year to explore traffic safety.

The amendment, Lynch said, gives the Planning Board clear direction that they can require reasonable means of traffic calming. Immediate enactment of the ordinance ensures that the authority will apply to review of Spurwink Woods.

Town Manager Michael McGovern said that, although the amendment offers a choice of traffic-calming tools the board could require, the Town Council as owners of public ways would still have the authority to approve or disapprove any traffic calming measures.

The emergency ordinance expires in 90 days. The council's vote also sent the amendment to the ordinance committee consideration as a permanent amendment.

The council's conditional approval of Spurwink Woods facilities included the proposed extension of South Street, Franklin Circle and Chicory Way, the proposed acceptance of 10.48 acres of open space, and various drainage and sewer easements.

Conditional acceptance was characterized as a "checkpoint" to be sure the council agrees with the direction the development is taking. Final acceptance occurs after the Planning Board grants final approval and the roads, trails, drainage and sewer structures are completely built to municipal standards.

David Backer, chairman of the Town Council, said he was uncomfortable granting conditional acceptance before the developers have their meeting with neighbors on traffic-calming measures. That meeting is scheduled for March 22. Backer and Councilor Carol Fritz both voted against conditional acceptance of Spurwink Woods, and Fritz also opposed enactment of the emergency ordinance.

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