01/06/2014

Planning Board sets hearing on new method for defining shoreland-protection boundaries

The Planning Board will hold a public hearing Jan. 21, 2014 on proposed new standards for determining the normal high-water line along Cape Elizabeth's coast.

The line, currently "the apparent extreme limit of the effect of the tides" marked by a bank, cliff or beach above high tide, is used to regulate shoreland development in Cape Elizabeth. Only limited expansion is allowed within 250 feet of the line, and no new construction is allowed within 75 feet.

The new proposed definition looks to combine a more consistent and scientific method for determining the shoreland edge with the community's commitment to protecting its environment.

Earlier this year, the board proposed using the state Department of Environmental Protection's standard of "highest annual tide" to measure the shoreland boundary, but speakers at a hearing said they saw the change as a weakening of Cape Elizabeth's strict standards.

The latest draft uses the "highest astronomical tide" to determine the coastal edge - then adds another 3 feet of vertical elevation to the high-tide measurement.

"The highest astronomical tide is a more stable number, based on 19 years of data averaged," Town Planner Maureen 0'Meara said in a memo to the Planning Board. The Maine Geological Survey is recommending that the state change its standard from highest annual tide, which changes every year, to highest astronomical tide.

The astronomical high tide occurs in the spring when the sun and moon are closest to the earth during an 18.6 year tidal cycle, and accounts for all significant variations in moon and earth orbits, according to a presentation by Maine Geological Survey Marine Geologist Peter Slovinsky. Slovinsky's presentation on rising sea level and storm-surge data was given at a Planning Board workshop this fall.

Adding 3 feet of shoreland protection to the tide boundary line is a nod to Cape Elizabeth's tradition of strict environmental regulation, the memo says. Maps provided by Slovinsky show that the extra 3 feet adds more setback to areas already experiencing flooding challenges, but has little impact on most of the coast, the memo says.

The move to change the definition was prompted by Benjamin McDougal, town code-enforcement officer, who recommended that the town's ordinance mirror the state's more clearly defined and defensible standard for delineating shoreland-protection zones.

The Town Council referred the proposed change to the Planning Board in March. Any recommendation voted on by the board would be sent back to the council for consideration before adoption.