Cape group presents rules for open space

Cape Elizabeth Town Planner Maureen O’Meara reviews maps of town-owned open space during a May 26 public meeting to take comment on a new Open Space and Greenbelt Management Plan.

Open space has become an open topic for conversation in Cape Elizabeth.

On Thursday, May 26, an Open Space and Greenbelt Management Plan was unveiled at a public hearing, complete with usage rules on 923 acres of town-owned land, including more than 16 miles of public trails.

“For the first time, there is a comprehensive list of uses, or activities, that would be allowed on some parcels and not on others,” said Town Planner Maureen O'Meara.

The forum capped off 14 months of work by the Open Space committee, a group that includes members of the town conservation commission, as well as Councilor Jessica Sullivan.

“We were charged by the Town Cuncil to come up with this plan,” said Dena DeSena, chairwoman of the committee. “The people of Cape really value their open space. Our lands have been growing and our management needs have been growing, but the conservation commission has been just this little group of seven doing a lot of the work ourselves. So, the Town Council wanted to make sure that we were all prepared for that.”

The new plan, she said, is a “companion piece” to the greenbelt plan first adopted by town councilors in 1977. It called for the creation of trail system that would put every home within 15 minutes of walking trails stretching the length and breadth of the town.

“As owners, we are stewards of property owned by the town,” said committee member Dick Baumann. “As such, we need to make sure we carry out those responsibilities appropriately.”

According to DeSena, the ad hoc committee will gather one last time, on June 14, to consider last-minute tweaks, before presenting the 33-page document to the Town Council. The council may accept, reject or modify the plan. Once accepted, DeSena says, the town’s Conservation Commission will review the document every 10 years for possible updates and amendments.

The policy proposals do not include changes to Fort Williams Park or the town athletic fields, which are independently managed.

The plan divides other town-owned areas into separate categories for the first time. Among these are seven "preserve" areas – open spaces where the presence of wetlands or other features will “severely constrain” use.

According to a town press release, “These areas are often important wildlife habitats and valuable to neighborhoods as natural areas, although they usually do not include trails. The draft plan for the first time sets out a policy to leave these areas as they are.”

The newly designated preserve areas include: Alewife Cove, Eastfield, Ferne Peddy, Hampton Neighborhood, Highland, Holan and Patricia.

The draft management plan treats another group of small parcels as "neighborhood parks," valuable primarily to the surrounding neighborhood. For the first time, these areas will come with a list of acceptable uses and activities, ranging from limits on hunting and trapping hours to requirements for dealing with pet waste.

For example, trails will be open at all hours, but nighttime use will be restricted to “quiet enjoyment.” Not all of the proposed rules curtail uses, however. The plan, for example, does allow dogs to be off-leash in open space areas.

Most of what appear to be new rules simply codifies was DeSena says has long been the “unwritten policy” of the Conservation Commission, which managed the open lots.  Others merely bring the town into compliance with existing state law. For example, bow hunters will now need to register their tree stands with the town prior to putting them up.

“State law already says bow hunters have to seek permission of the property owner, and the town is the owner of this land,” saidd O’Meara.

Each of the 55 lots now owned by the town, ranging from the 0.03-acre Canterbury Well House to the 27-acre Gull Crest area, are laid out in a new chart, which details the allowable public uses on each property.

“This looks very straightforward,” said committee member Marti Blair, “but it was the subject of many meetings.

Blair pointed out that while some activities are allowed, that does not necessarily mean that facilities are available.

“For example, a property may allow hiking, but if there’s no trail there, you’re on your own,” she said.