10/06/2016

Town extends 32 paper streets, asks committee to review greenbelt potential for some

The Town Council on Oct. 5, 2016 voted to extend 32 of the town's 58 paper streets; to vacate seven of them; and to accept 19 paper streets for specific purposes - mostly for pedestrian and bicycle access to open space.

The vote comes ahead of a September 2017 deadline for Maine municipalities to decide whether to extend their rights in paper streets - streets drawn on subdivision plans but never constructed or accepted as public ways. Extending a paper street allows a town to accept it for public use in the future.

Some of Cape Elizabeth's paper streets date back more than 100 years, including two in Shore Acres which the council narrowly voted to include with the 29 others for which paper-street status will be extended for the next 20 years. By a 4-3 vote, councilors decided to extend the town's rights in Surf Side Avenue and Atlantic Place, two areas identified in the town's greenbelt plan as potential trails.

At the same meeting, however, councilors unanimously voted to direct the Conservation Committee to review the suitability of greenbelt trails there and at Lighthouse Point Road, another paper street the council voted to extend. The committee will have six months to report back to the council.

Jamie Garvin, town councilor, called for separate votes on the three controversial paper streets, and for the Conservation Committee review of their greenbelt potential. "The basis which we are using for (extension) was for potential use as a trail, so what I think we need to do take a more exhaustive look at whether or not that rationale and justification exists," said Garvin, who voted with the majority to extend the town's rights in Surf Side Avenue, Atlantic Place and Lighthouse Point Road. "The only way to do that is if we extend our rights. If we vacate the rights they're gone forever," he said.

Sara Lennon, who with councilors Patty Grennon and Caitlin Jordan voted against extending rights in Surf Side Avenue and Atlantic Place, said she believed the area was too residential to support a greenbelt trail. "Unless we think that this is a great place to put a greenbelt path, then I think it is incumbent on us as individuals to vacate it because there is no other reason to keep it," she said. She and Grennon said they believed extending paper-street status infringes on personal property rights, and prolongs uncertainty for neighbors. "I feel we need to either accept or vacate, I feel like leaving things in limbo is not a good plan," said Grennon.

Jessica Sullivan, who with councilors Kathy Ray, Garvin and Chair Molly MacAuslan voted to extend the paper streets in Shore Acres, said she sees it as a continuation of rights the town has had since the subdivision was recorded in 1911. "By retaining the towns rights we are not taking anything away, we're only maintaining the status quo," she said.

Councilors also voted 6-1 to extend Lighthouse Point Road, a paper street near Two Lights abutting Coast Guard property. Councilor Lennon voted against the extension.

Councilors voted unanimously to extend 26 other paper streets in one motion, although Lennon said she did not favor extending a portion of Thompson Road off of Shore Road. The council voted to extend the first 750 feet Thompson Road west of Shore Road, and vacating the remainder.

Councilors also voted unanimously to accept 21 streets for various purposes, mostly for pedestrian and bicycle access to open space, and unanimously to vacate six paper streets.

The 2017 paper street decision was the subject of 19 public meetings, said MacAuslan, including neighborhood forums, hearings before the Planning Board and Conservation Committee, Town Council workshops and a formal public hearing held last month. Resolving which paper streets will be extended for 20 years, as directed by the Legislature, is a Town Council goal for 2016.

Here are the paper streets that were accepted, extended and vacated:

Paper Streets Accepted
Supporting information is located in the Town of Cape Elizabeth 2015 Paper Street Report, updated    8-2-2016, a copy of which is on file in the Town Clerk's office.
ID #	Name/Location	Purpose of accepting paper street
U1-1a	Stone Dr (north)	For pedestrian and bicycle access
U1-1b	Stone Dr (south)	For pedestrian and bicycle access, and possible vehicle turnaround
U1-2	Cliff Ave (south)	For pedestrian and bicycle access and vehicle turnaround
U1-3	Cliff Ave west	For pedestrian and bicycle access, and private lot access, with no commitment from the town to build or maintain such lot access, or to maintain the existing driveway located in the paper street
U1-4	Cliff Ave east	For pedestrian and bicycle access and vehicle turnaround, with no commitment from the town to maintain the existing driveway located in the paper street
U3-1	Baker Rd ext	For pedestrian and bicycle access
U3-2	Forest Rd ext	For pedestrian and bicycle access, and utility maintenance and installation
U3-3a	Stonybrook (southeast)	For pedestrian and bicycle access
U3-6	Ocean View ext	For pedestrian and bicycle access, and private lot access, with no commitment from the town to build or maintain such lot access
U12-9	Elizabeth Rd	For stormwater management
U19-1	Gladys Rd	For pedestrian and bicycle access
U19-2	Hampton Rd/Penny Ln(50'w)	For pedestrian and bicycle access and stormwater/drainage and private lot access, with no commitment from the town to build or maintain such lot access, or to maintain the existing driveway located in the paper street.
U19-3	Sweet Fern Rd (50'w)	For pedestrian and bicycle access, stormwater/drainage and private lot access, with no commitment from the town to build or maintain such lot access.
U20-1	Grover Rd	For pedestrian and bicycle access
U21-1	Dearborn Rd south	For pedestrian and bicycle access, open space, and stormwater/drainage utility
U29-1	Harrison Ave	For stormwater/drainage, utilities
U29-3	North St	For pedestrian and bicycle access and utilities, with no commitment from the town to maintain any driveway located in the paper street
U32-1	Wedgewood Rd (40'w)	For pedestrian and bicycle access, and utility maintenance and installation, with no commitment from the town to maintain the existing driveway located in the paper street.
U36-3	Pine Ridge Rd	For pedestrian and bicycle access, and utility maintenance and installation, with no commitment from the town to maintain the existing driveways located in the paper street.

Paper Streets Extended
Supporting information is located in the Town of Cape Elizabeth 2015 Paper Street Report, updated    8-2-2016, a copy of which is on file in the Town Clerk's office.
ID #	Name/Location
U2-1	Seaview Ave /Ottawa Rd
U2-2	Ottawa Rd (water)
U3-4	Crescendo Terrace (50'w)
U3-5	Crestway (40'w)
U4-1	Waverly (40'w)
U4-2	Hazelwood (35'w)
U4-3	High Bluff Rd (40'w)
U4-4	Quarry Rd
U4-5	Arbutus Rd (35'w)
U7-6	Delano Park
U7-8	Delano Park
U8-1	Woodcock Rd (40'w)
U10-1	Thompson Rd (the portion extending from Shore Rd west a distance of 750')
U12-1	Avon Rd (the portion extending from the public Avon Rd to the northwest property line of lot U12-12)
U12-2	Oak Grove Rd (north)(50' w)
U12-3	Oak Grove Rd (south)
U12-5	Surf Side Ave
U12-6	Old Hayfield Rd
U12-7	Wabun Rd/Bigelow Rd
U12-8	Atlantic Place
U15-1	Lighthouse Point Rd
U15-3	Two Lights (north)
U21-2	Dearborn Rd north
U29-4	Stephenson St
U29-6	South St
U33-3	Highland St
U33-4	Valley Rd/S Curve St
U33-5	Moonshadow Rd
U33-7	Lydon Ln
U36-1	Spoondrift (north)
U36-2	Spoondrift (west)
U42-2	Katahdin Rd

Paper Streets "Deemed Vacated"
Supporting information is located in the Town of Cape Elizabeth 2015 Paper Street Report, updated    8-2-2016, a copy of which is on file in the Town Clerk's office.
ID #	Name/Location
U3-3b	Stonybrook (southwest)
U10-1	Thompson Rd (the portion extending west from the point beginning 750' from Shore Rd)
U12-1	Avon Rd (any portion extending to the west of the northwest property line of lot U12-12)
U15-2	Balsam Rd
U30a-1	Allen Rd
U33-6	Hill Place
U36-4	off Pine Rdge Rd