Town Of Cape Elizabeth
Cape Elizabeth News


View text of the draft plan  (PDF format. Adobe's Acrobat Reader is required to view PDF. Download it for free here.)

Maps may be viewed in the Planning Office at Town Hall. The Vison and Goals section, and the first three paragraphs of the page following it, was adopted by the Council

09/10/01

Vision, Goals of Greenbelt Plan approved by Town Council

The Town Council Monday unanimously approved a set of Goals and Visions for the greenbelt system around Cape Elizabeth. They stopped short, however, of approving any priorities that were part of the plan drafted by the Conservation Commission, leaving those to be approved as they are proposed during future budget processes.

Ten speakers addressed the council at a public hearing, the vast majority favoring the plan which changes its focus from acquisition of land to establishment and maintenance of a trail system.

Dan Chase, chairman of the Conservation Commission, told the council that the revised plan was due, if for the stretch of time since the last greenbelt plan was adopted. That was in 1988, he said. Also since that time a number of parcels have been either purchased or donated to the Town or to the Cape Elizabeth Land Trust, and new neighborhoods have come into existence that are either not close to public trails, or have open space dedicated within them that could be used for passive recreation. "All that new land has created new opportunities for public access," Chase told members of the Town Council.

One significant piece of property that has been generating excitement, at least among several who spoke at the hearing, is the Gull Crest property between the town's transfer station and the school properties in the town center. John Upton, one of two Nordic Ski Team coaches who spoke, said having good terrain close by will be a tremendous asset to High School athletes as well as members of the general public.

But the Gull Crest land is town-owned property, and those enthusiastic about its potential did not share the concerns of some who feared overuse -- or abuse -- of a townwide trail system would infringe on the rights of private homeowners. Cornelia Morin, a resident of Sweetsir Road, said 12 of the 14 years she has lived next to an informal trail have been without incident, but for the last couple of years, a handful of high-school students have been abusing the land with 3- and 4-wheel ATVs. "I think a lot of thought needs to be put into potential misuse," said Morin. "There is the potential for a few people spoiling it for the rest."

Another landowner, Timothy Robinson, also questioned the plans' statement that trails in the greenbelt be primarily for the use of neighboring residents. He and his family owns a popular tract of land next to Robinson's Woods, which was recently sold by his brother to the Land Trust. "Our experience has been that people come from a variety of communities, from South Portland and beyond," he said. "How many people would it take to spoil?"

Private Robinson trails are listed as No. 3 on a list of five priorities put forth in the Commission's draft greenbelt proposal. That part of the plan, however, was not included in the council's approval Monday. Robinson said his family has no plans to give up the land, although a limited number of people are welcome to use the trails -- as they have always been.

The No. 1 priority as envisioned by the Conservation Commission is development of the Gull Crest Community Recreation Trail. The Council took a major step toward that priority Monday also, as they approved a proposal from Oest Associates to develop a master trail plan for the Gull Crest property. Development of that master plan will cost $12,700, out of funds left over from the three projects developed at Gull Crest -- the Public Works Garage, the new ball fields which are newly being used this fall, and the open space.

The council's go-ahead to develop the trail plan was also unanimous, with the understanding that cost will be a major factor in making the improvements reality. Councilor Mary Ann Lynch cautioned that the architects be aware that much of the development will need to come through volunteer labor and donated materials.

No. 2 on the Conservation Commission's list of priorities is the boardwalk crossing land owned by St. Bartholomew Church near Broad Cove Road. Two Lights Road resident Peter Mullin appeared again before the council, as he had in June of 2000, to say he opposed the trail coming so near his home. "Seeing that it was the second priority," Mullin said, "leaves me doubtful of Conservation Commission's stated policy of attempting to minimize the impact of paths on homeowners. It also leaves me wondering why the rights of the general public to perform the strictly leisurely act of walking through the woods should supersede my fundamental rights as a homeowner to the peaceful enjoyment of my home."

Beyond the Vision and Goals, the council did include in its approval a three-paragraph section that says that no public access trail will be placed on private property without the express permission of the property owner. Two councilors -- John McGinty and Henry Berry -- said specifically that they are aware of and sensitive to people's property rights, and that they would take that into account before voting on any specific trails.

The plan includes a map, also not included in the council's approval, showing a concept of where trails might be. Some are depicted going across private property, Conservation Commission Chairman Chase told the council, but the "map should be looked at more to indicate a desire to connect Point A to Point B."

The fourth and fifth priorities are to connect neighborhoods to the Maxwell Farm area, and to enhance an existing trail at Great Pond.

"Our intent," Chase said, "was to develop a general framework from which we could develop a trail system that serves the needs of the town, and could be implemented in a sensitive way."