08/13/2015

Planning Board, Conservation Commission recommend town retain rights in vast majority of paper streets

The Planning Board is recommending that the town retain rights in 45 out of the 50 paper streets in Cape Elizabeth. The Conservation Commission is recommending the town retain rights in 46 of them.

The recommendations, accepted by the Town Council on Aug. 10, 2015, are the first leg of a public-engagement plan enacted by the council in anticipation of the Legislature's 2017 deadline for Maine municipalities to affirm their rights in paper streets - streets that appear on subdivision plans but were never accepted by the town as public ways.

The council will discuss the recommendations at a workshop yet to be scheduled.

Along with the written recommendations is a spreadsheet listing the name and location of all 50 paper streets, some dating back as far as 1899. The spreadsheet also describes how each street is currently being used - for example as a utility right-of-way; as a trail, walkway, driveway or turnaround; or as potential access to undeveloped lots or open space.

Current uses are what influenced the boards' recommendations on retaining or vacating town rights, Planning Board Chairman Peter Curry told members of the Town Council Aug. 10. "Where there was an arguable good reason to keep it, the street, we recommended retention," Curry said.

Both the Conservation Commission and Planning Board reviewed current uses and aerial photographs of the paper streets, as well as input from citizens. The Planning Board held a public hearing in July.

A handful of paper streets, where board members could find no substantial reason for the town to retain rights, are being recommended for vacation.

Only three are being recommended for vacation by both boards. They are: Balsam Road, (near Two Lights); an unnamed road off of Pine Ridge Road (Broad Cove subdivision); and Dearborn Drive (north and south, Brentwood subdivision). Both boards recommend a pedestrian easement for the northern portion of Dearborn Drive for children walking to school.

In addition, the Planning Board is recommending vacation of Stonybrook Road (south, Mountain View subdivision) and Allen Road (off of Mitchell Road).

The Conservation Commission is recommending vacation of Thompson Road, off of Shore Road, but Planning Board members reversed their initial recommendation to vacate the street after a public hearing July 21, when they voted to recommend the town keep its rights for possible access to undeveloped lots.

Following the workshop, the next phase of the council's public-engagement plan is to hold neighborhood meetings to gather input on specific streets. The council will then hold a final public hearing before developing its final recommendations to the state.