The Planning Board was to begin taking public comments Thursday on proposed zoning changes that would allow some currently non-conforming businesses to expand.

The changes would affect the business districts located on Shore Road and Ocean House Road, between Broad Cove Road and Kettle Cove Road. Most, if not all, of the businesses in that area do not conform to the existing zoning and therefore cannot expand, including Rudy’s of the Cape, which wants to increase its dining options and serve alcohol with meals.

Under current zoning, Rudy’s is a nonconforming structure and cannot expand its activities in any way.

Town Planner Maureen O’Meara said the purpose of the public forum is “to encourage a discussion by area business and property owners about their vision for (the area).”

The Planning Board’s draft “purpose statement” regarding the area is that it should be “a neighborhood business district where the business uses are geared to the needs of nearby residents rather than a large scale, regional destination center.

“The district requirements should promote business vitality, pedestrian connectivity between the business district and the adjacent residential areas, a mix of commercial (first floor) and housing (upper floors) uses, high quality design that is pedestrian friendly and compatible with the neighborhood, and an efficient use of the land within the district for business uses.”

The Planning Board has been asked by the Town Council to draft zoning changes that would bring more businesses into conformity with zoning, including reducing the required buffer around wetlands from 250 feet to 100 feet.

That would allow businesses such as Rudy’s to apply to the town for increased or new activities.

The proposed zoning change has met with considerable criticism from some neighbors of Rudy’s, who fear that if owner Mary Page is allowed to serve alcohol, it will decrease the quality of life in the area.

Page says their fears are unfounded, and that she simply wants to enhance the dining experience at Rudy’s, not operate a noisy bar.

In addition to zoning changes, the Town Council is also considering enacting regulations for bars and taverns in Cape Elizabeth. The proposed ordinance would define a bar or tavern as an establishment where sale of alcoholic beverages exceeds 50 percent of the annual gross retail sales for the premises.

The ordinance would prohibit live music and dancing, and limit the number of seats and the hours of operation. Council members, who took up the draft ordinance for discussion at their meeting Monday, have not decided what those limits should be.

The public forum will be held from 7 to 9 p.m. at the town hall. For more information, contact O’Meara at 799-0115 or maureen.omeara@capeelizabeth.org. Information will also be posted on the town Web site, www.capeelizabeth.org, as it becomes available.

Cape Elizabeth is holding a forum on a change that would allow businesses that don’t conform with zoning, like Rudy’s of the Cape, to expand. Neighbors fear that if the owner is allowed to begin serving alcohol it will affect their quality of life.Mary Page

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