A conceptual drawing of the exterior of Center Court, a proposed 33-unit senior housing development in Cape Elizabeth. Contributed / Town of Cape Elizabeth

Proposed zoning amendments in Cape Elizabeth’s town center that would permit Center Court, a 33-unit housing development for people 55 and older, were sent to a public hearing by the Town Council on Monday – but the time it will take to potentially pass those amendments has become a concern.

Bob Gaudreau, of Hardypond Construction, expressed at Monday’s meeting that the project, located on Ocean House Road next to Town Hall, “could be dead” if the town doesn’t move along in an efficient manner.

“I could pull this project if I do not see us moving ahead quickly,” he told the council. “I’ve been at this point since September. My construction costs keep going up. I’m at wit’s end of trying to make this work. We’ve got to move forward or else I could be dead.”

Some councilors also expressed concern.

“When we voted on this in months past to send this on to the Planning Board and Ordinance Committee, we were hoping this would be a pretty fast process,” said Councilor Tim Thompson. “Is this the fastest way we can get through the rest of our red tape to make the project move forward?”

The council unanimously set a public hearing and vote on the amendments for Feb. 10. Town Planner Maureen O’Meara said if the amendments are passed by the council at that meeting, the project could appear on the agenda of the Planning Board’s March workshop. They could then submit a site plan by the end of March, hold a Planning Board public hearing in April, and potentially approve it in May.

Some councilors argued they ought to set the public hearing and vote sooner than Feb. 10. However, others said that could give residents little time to review the amendments ahead of the public hearing.

Councilor Jonathan Sahrbeck said the town has been moving through the natural steps to approve the amendments at a relatively quick pace. He also noted the parcel has caused a lot of contention in the past. In 2021, the Town Council approved amendments to permit Dunham Court, a multifamily affordable development on the property. The developers scrapped the project after a petition forced a citizen referendum to overturn the amendments.

“I just want to caution this is the same plot that got a lot of attention a few years back,” Sahrbeck said. “I think if we, or the council back then, tried to push it through or give special benefits to the process, I don’t think the council would be doing its job.”

The amendments, reviewed by the Cape Elizabeth Planning Board and Ordinance Committee, only apply to parcels within the town center that are at least 125 feet away from a public road. They would double those parcels’ density of one unit per 3,000 square feet to one unit per 1,500 square feet; increase a building’s footprint from 5,000 square feet to 12,000 square feet and a building’s height from 35 feet to 50 feet.

Some residents have expressed that increasing the maximum height of buildings could create “a tunnel effect” when driving through the town center. However, Sahrbeck, a former Planning Board member, emphasized that would not be the case.

“When I was a member of the Planning Board and this came before us, that was an area of concern – that this could become a setback,” Sahrbeck said.

However, with the 125-foot setback, and it only being applicable to a maximum of five plots within the town center, that won’t be the case, he said.

“They aren’t adjacent,” added Council Chair Penny Jordan. “To create that tunnel effect is impossible at this point in time.”

One of those parcels is the location of the original 1934 school building. Currently part of Cape Elizabeth Middle School, that plot could be open for development if a new middle school is built.

Jordan also emphasized that the amendments are not part of L.D. 2003, another contentious process revolving around housing in Cape Elizabeth. The amendments also align with the town’s Comprehensive Plan, she said, which calls for “a vibrant town center.”

“Something that comes up year after year … is, ‘We want a vibrant town center,'” Jordan said. “In order to have a vibrant town center, we need people and people live in apartments and houses.”

Jordan also urged the public to read up on the amendments and reach out to the council and town manager with questions.

“I want to have a very informed public hearing,” she said.

The amendments are included in the Ordinance Committee’s memo which is attached to the Town Council’s Jan. 13 agenda. Both the amendments and contact info for the Council and town manager can be found on the town’s website, capeelizabeth.com.