News
02/22/2013
Council begins implementing recommendations of Future Open Space Preservation Committee
The Town Council has begun to implement recommendations of the Future Open Space Preservation Committee.
At their meeting Feb. 11, 2013, the council referred several of the 21 actions recommended by the ad hoc Future Open Space Preservation Committee to the Planning Board, the Conservation Commission and the town manager, and to the council's ordinance subcommittee and finance committee.
The referrals to the Finance Committee were to consider funding for land-acquisition as part of its recommended budget; to consider an open-space bond in its overall capital-improvement planning; and, to consider earmarking "a penny or more" of proposed annual taxes for land acquisition.
"These are standing requests that have no termination," Councilor Frank Governali said of the referrals to the Finance Committee.
Governali, Caitlin Jordan and Jessica Sullivan all represented the council on the 10-member, ad hoc Future Open Space Preservation Committee, which met during 2011-2012 to quantify town open space needs and to "thoroughly" examine ways to meet those needs. Public input was gathered through a telephone survey and a public forum.
The committee found no purely fiscal benefit to preserving open space, but it did find maintaining open space in Cape Elizabeth, particularly agricultural lands, a highly valued goal for the community.
Some referrals to the town manager for possible funding of open-space acquisition were not among Future Open Space Preservation Committee's recommendations, but councilors agreed the referrals met the spirit of the committee's work.
The council did follow through on recommendations to assign responsibility for evaluating and recommending future open space acquisition, as well as public education efforts, to the Conservation Commission. It did not, however, implement a suggestion to increase the Conservation Commission from seven members to nine. "We heard directly from (the commission) that they would prefer to keep it at seven," said Council Chairman Jim Walsh.
Comprehensive Plan implementations for land use
The Planning Board on Feb. 11 was also directed to resume implementation of the land-use chapter recommendations in the 2007 Comprehensive Plan. That task was put on hold pending the Future Open Space Preservation committee's work.
The council's referrals to the Planning Board supported the committee's recommendations that regulations regarding cluster development and transfer of development rights be retained, all with an eye toward preserving contiguous open spaces. A review of growth areas was included in the board's direction for implementing the Comprehensive Plan, as well as public outreach about the benefits of open-space zoning; and prioritizing agricultural spaces for preservation.
Here is the text of the referrals made by the Town Council on Feb. 11:
Open Space Study Committee Recommendations Approved Feb. 11, 2013
Referral to the Conservation Commission:
The town council requests the conservation commission to prepare and implement a public education effort to increase public knowledge of the amount of publicly owned and accessible open space and the past and ongoing financial commitment made to acquire and maintain open space. The commission should include in its public education effort opportunities for direct public involvement in open space planning, prioritization and maintenance.
When the conservation commission updates the greenbelt plan, it should include the open space definition as follows: “Land and water areas, either public or private, maintained in an essentially undeveloped state (which may include athletic fields) for use as active or passive recreation, wildlife habitat, agriculture, or preservation”
Referral to the Ordinance Committee:
The FOSP Committee recommended that the Conservation Commission duties and authority be revised as necessary to task it with primary responsibility for preparing and submitting open space evaluation and preservation recommendations to the Town Council. Conservation Commission membership should be increased to 9 to improve its capacity to perform its expanded duties.
The ordinance committee is requested to review this recommendation and to recommend language back to the town council.
Referral to the Planning Board:
FOSP recommended that the current regulations promoting clustering be retained. More work should be done to investigate the potential for increasing the amount of open space that is preserved while maintaining the density allowed that makes this a desirable option for property owners. More emphasis should also be put on preserving contiguous open space and connectors and less on open space as buffer strips.
The town council requests the planning board should restart its implementation of the Land Use Chapter recommendations in the 2007 Comprehensive Plan, with emphasis on the above recommendation.
FOSP recommended that the town retain the current TDR regulations. The Planning Board should be tasked with reviewing the TDR sending areas map to align it with Open Space criteria priorities. The town council requests that the planning board include this recommendation in its comprehensive plan Land Use Chapter recommendations.
FOSP recommended that the review of growth areas be referred to the Planning Board as part of the resumption of the Planning Board’s comprehensive plan implementation work. The Planning Board’s comprehensive planning implementation work should include public outreach about the benefits of open space zoning. The Planning Board should also recommend ordinance amendments that make preservation of agricultural land a higher open space priority when preserving open space as part of new development. The town council requests the planning board to do so.
Referral to the Town Manager
The town council requests the town manager consider recommending funding for the land acquisition fund as part of his recommended budget.
The town council requests the town manager as part of the annual carry forward process in June of each year to propose reserving a portion of unutilized overlay funds for the land acquisition fund.
The town council requests the town manager to consider recommending an open space bond of part of the overall capital improvement planning process.
The town council requests the town manager to work with the assessing department to make available information on the availability of state programs to reduce current taxation on open space, agricultural lands and potential tree growth parcels.
Referral to the Town Council Finance Committee
The town council requests the finance committee to consider recommending funding for the land acquisition fund as part of its recommended budget.
The town council requests the finance committee to consider recommending an open space bond of part of the overall capital improvement planning process.
The town council requests the finance committee to consider as part of its budget review the possibility of providing a penny or more in the proposed annual tax rate for land acquisition purposes.
