Cape Elizabeth greenbelt plan

[From the U.S. Government Printing Office, www.gpo.gov]

4 %@Ijt A'I %
VA.
I
IW,-.144
.4
kr
o'.nvi 'o
.W.

@77-

0
ORA 4
.4
77@ ra

Cape Elizabeth
Greenbelt Plan
1988

COASTAL ZONE
KpORMATION CENTER
HD
243
.M3
C36
r
imaq

1988

U. S. DEPARTMENT OF COMMERCE
COASTAL SERVICES CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON SC 29405-2413

Property of CSC Library

CAPE ELIZABETH

GREENBELT PLAN

Prepared by the
Cape Elizabeth Conservation Commission

With the Assistance of:

The Greater Portland Council of Governments

April, 1988

Financial assistance for this study was provided by agrant from the Maine Coastal
Program, through funding provided by the U.S. Department of Commerce, Office of
Ocean and Coastal Resource Management, under the Coastal Zone Management
Actof 1972.

CAPE ELIZABETH GREENBELT PLAN
Table o f Contents Pai!e

I.. Introduction

11. What is a Greenbelt? 2

III. Goals and Objectives 3
IV. Identification of Important Features 4
Wetlands
-Waterbodies
-Agricultural Land
:Large Lot Parcels
Visual Significance
V . Description of the New Greenbelt 6
-Existing Segments of the Greenbelt
The New Greenbelt

VI. Techniques for Developing the Greenbelt 10,
Acquisition of Land
-Easements
TDR Process
-Zoning and Subdiv
"Use orPublic Lands

VII. Recommendations 15

Appendices
Appendix A Old Greenbelt Map
Appendix B Cape Elizabeth Conservation Commission Goals and O@jecfives
Appendix C Draft Subdivision Ordinance Open Space Exaction Language
Appendix D References
Appendix E Inventory of A ired Land/EaSements [attached in a
'I. u
separate volu@je

1. INTRODUCTION

Cumberland County and the Greater Portland area have been experiencing.-
unprecedented growth, and this trend is expected to continue over the. next few
years. This amount of development has put tremendous pressures on municipalities.-

Even with its close proximity to Portland, Cape Elizabeth has historically retained a
sizable amount of its land area as open space and active farmland. Recent
development pressures, however, necessitate action to ensure that the adverse
impacts of development on the Town's open space will be minimized. Thus, the
need for an update of the Greenbelt Plan. The extent of recent development in the
Town can be seen on the "Recent Developments Map" (see map 1).

The original Greenbelt Study was developed in 1977 by the Cape Elizabeth
Conservation Commission to identify important open space areas, wetlands and
public access points, and to recommend which of those areas should be acquired by
the Town for active and passive recreation purposes.

The Conservation Commission and the Town have been actively pursuing land
acquisition since the development of the firs, t plan, but it has been a slow process.
The large level of real estate development and land prices have made it difficult to
acquire land in a meaningful manner. This is not to say that there haven't been
successes. Several easements have been conveyed to the Town through the
Conservation Commission. Most recently, a 28 acre parcel of land was donated to
the Town by the developer of a subdivision project. In addition, the Cape Elizabeth
Land Trust was incorporated as a nonprofit organization in the Fall of 1986, and has
already acquired several additional easements and land parcels.
Discussions are ongoing by both organizations with several owners of key properties'
that would help fill in the missing links of the new Greenbelt Plan.

CAPE ELIZABETH
MAP 1 ID.
rends
Recent Development T
1980-87

001)

Mi
. . ... ... .... ..
A, 8qlaqilqi

-----------

-A

Oci q1q0

Fk%v*r

Great
4 Pond
db

Little
Pond

R
Island

Richmond Island

O.Coq,
1978

Ii. WHAT IS A GREENBELT?

'fhe greenbelt concept is not a new one. Greenbelts, developed extensively in Great
Britain since the early 1900's, hive resulted in rings of vegetated open space areas
circling most British cities.

Generally defined, a greenbelt is an interconnected system of significant aesthetic and
recreational open spaces. The use of these open spaces can be for active and passive
recreational use, visual observation or protection of an important natural resource.

Focusing on its own defined natural resources, the Town of Cape Elizabeth has
expanded upon the concept of a greenbelt by incorporating pedestrian walkways and
protection of visually significant areas into its greenbelt.

III. GOALS AND OBJECTIVES

The primary goal'of the Greenbelt Plan is to provide a connecting system of trails,-
ope.n space and "green areas" between Fort Williams Park and Crescent Beach State
Park.-

There are three specific objectives for the Greenbelt Plan:

1. Preservation of Open Space

It is essential that Cape Elizabeth maintain an adequate amount of land area that will
always be kept open and undeveloped. Only by setting aside enough land now for
both active and passive open space purposes will the Towif s rural character be
preserved.

2. Creation of a Pedestrian Trail System

A system of walking trails that would connec t Fort Williams Park and Crescent
Beach formed the initial impetus, and continues to be a major factor, in developing
and implementing the Greenbelt Plan. A pedestrian trail system would enable local
residents to enjoy more fully the natural beauty of the Town and increase the Town's
recreational opportunities.

3. Preservation of Visually Significant Areas

A third important but somewhat overlooked objective is to identify and protect the
areas of Cape Elizabeth that aesthetically add to and form the Town's character.
Whether it be a view of waves crashing against the shore or the sight of a church
steeple over a salt marsh, there am many significant views that typify the spirit of
Cape Elizabeth. These must be protected.

V. DE IFICATION OF, IMPORTANT FEATURES

1. Wetlands

The protection of wetlands have been a concern to the Town for a number of years,
due to their great ecological value. In fact; Cape Elizabeth is one of the only,
municipalities in Maine to have a local set of wedand alteration regulations.

'Me Spurwink Marsh is the largest wetland in the Town. It is connected to the
Atlantic Ocean by the Spurwink River and extends across Spurwink Road to beyond
the High School athletic fields. Other major wetlands in the Town am located around
Great Pond (and extend across Bowery Beach Road to Little Pond), land to the west
of the Sherwood Forest neighborhood, Town land to the east of the Stonegate
subdivision extending to land currently owned by the Ibis Corporation, land to the
southwest of Pine Ridge Road, land adjacent to Crescent Beach and land in the
Peabbles Cove neighborhood. These wetlands and others are identified in the Cape
Elizabeth Official Wetlands Map, currently displayed in the Town's Code
Enforcement Off-ice.

2. Waterbodies

The large amount of land in Cape Elizabeth that abuts the shore makes the Atlantic
Ocean a very important water resource to the Town for many reasons. In addition to
the Atlantic Ocean, other major open waterbodies include the 131 acre Great Pond,
Little Pond, and "Jordan's Pond". Major streams include the Spurwink River,
Trout Brook, Alewife Brook, Willow Brook, Pond Cove Brook and "Cranbrook
Brook".
3.- Active Agricultural Land

Historically, Cape Elizabeth has been a farming community. The amount of active
farmland, however, has been decreasing over the past few years. When the
Greenbelt Study was first developed, there were six productive farms. Presently,

only five farms remain, active, producing primarily strawberries, potatoes, com and
cabbage.

Properties currently being used for active agriculturalpurposes includes land owned
by the Sprague, Corporation, Kenneth Maxwell, the Young family, William Jordan
and Alvin Jordan.

4. Large Lot Parcels-

A large amount of Cape Elizabeth's remaining undeveloped land is held by a small
number of individual -owners (see Map 2). In order to promote the preservation of
open space, it was felt that undeveloped land parcels of 100 acres or more in size
should be specifically identified and that special attention be paid @to discussing open
space options with the property owners.

The following is a list of die larger landowners:

1. Sprague Corporation and affiliated family members;
2. Robinson Family;
3. Harold Young, Heirs of-,
4. Leavitt Family;
5. Theodore Wainwright;
6. Purpoodock Club;
7. William Jordan;
8. Lydon Family;
9. 1. Alan Balfour; and
10. Ibis Corporation

5. Visual Significance

Cape Elizabeth has a large number of inspirational scenic vistas. In fact, the Town's
comprehensive plan identifies scenic areas and scenic views as high priority areas of
local significance (see the 1980 Comprehensive Plan). It is vitally important that
techniques be considered that will adequately protect the Town's scenic resources.

L86L

...............

. . . . . . . . . . . . . . . . . . ......

pullel

-A
.............

............
..... ........ .. ...

.................... ...............

...................
...... .............
. ...... .... .
. .. . ....
. ..........
.............. ........... ..

..........
nt
%
. . . . . ...........
W,
....... .. . ....
M :iM
...... . .... . .. ...

..............
.................... .
W
co
PuOd N, ................. .. . .
&Tejo
. . . . . . . . .

..........

...........

JSAI%i

0
...........
0

RX,

Ti.
v
. ........ ..

Fl I i i i! i I i fil Jf il I i i i!
..............

.:111fillig!" qpq

du4smumoalBUIS
japun siew8d 96JB-1

Z dVYY

Hi3SVZ113 UVO

V. DESCRIPTION OF THE NEW GREENBELT

The-new Greenbelt is an interconnected system of open space, pedestrian
accessways and important natural resources situated throughout the Town. The new
Greenbelt has been developed to provide physical and visual access in all areas of
Cape Elizabeth, while still striving toward the objective of linking Fort Williams Park
with the Crescent Beach State Park for pedestrian access purposes (see Map 3). The
challenge to the Town will be in melding together the existing components of the
Greenbelt system with the new Greenbelt routes.

It is important to note that the Greenbelt Map delineates only general locations of the
Greenbelt System, and that the actual location of the Greenbelt on the face of the
earth may differ slightly from that depicted on the Map.

Existing Segments of the Greenbelt

Several significant sections of the Greenbelt have already been acquired by both the
Town of Cape Elizabeth and the Cape Elizabeth Land Trust. Many of the Town-
acquired parcels were obtained as a result of the subdivision review process. Land
or easements were acquired from the following developments: Wildwood at the
Cape; Hobstone; Ottawa Farms Subdivision; Canterbury at the Cape; Stonegate;
and Elizabeth Farms-Cole Field.

Other land or easements donated to the Town or Land Trust include: a parcel near
Trundy Point; a pathway near the Viking Nursing Home; a skating pond off Shore
Road; and a pedestrian way along a portion of the Spurwink Marsh;

The New Greenbelt

The follow* description'will first focus on the portion of the Cape Elizabeth
Ing
Greenbelt that connectsfort Williams Park with Crescent Beach State Park. The
remaining branches of the Greenbelt will then be described, according to the
"quadrant" of the Town within which it is located.

Fort Williams to Crescent Beach

-The new Greenbelt System "starts" at Fort Williams Park and crosses Shore Road at
two places, one of which connects with the 40. acres of land donated. to the Town by
Stonegate Associates. This land contains several existing trails and will connect with
Mitchell Road via Stonegate Road, once the latter road is fully constructed and
accepted by the -Town. A southern branch of the Greenbelt system is proposed along
the existing set of trails, which would connect the 40 acre parcel with the Ibis
Corporation land parcel and then the Robinson Family land. The Town is currently
negotiating with the Ibis Corporation about the future public use of the existing set of
trailways. The proposed Greenbelt continues southerly through a forested area and
then veers southwesterly along the north side of "Pond Cove Brook", which the
Greenbelt follows until it reaches Ocean House Road.

The Greenbelt crosses Ocean House Road over to Lions Field. The system then
extends north through the Wildwood at the Cape via an easment that was given to the
Town. This easement links up with the Purpoodick Club property. The Greenbelt
also heads west from Lions Field in two branches: (1) along an existing trail that
connects with Willow Brook; and (2) along the northern border of the Brentwood
neighborhood to Willow Brook. The Greenbelt continues south along the brook
across Scott Dyer Road, down to the sewer easement that borders the northeastern
portion of the Spurwink Marsh, which is also linked to the Cape Elizabeth school
,property. The proposed trail system then heads westerly until Spurwink Road,
which is used to connect up with the southeasterly portion of the Spurwink Marsh.
The Greenbelt moves south along the edge of the marsh until it connects with Fowler
Road in two locations: (1) via an easement that enters directly onto Fowler Road; and
(2) via Sweetsir Road, which is linked to Fowler Road.

Fowler Road connects the Greenbelt with a Town-owned pedestrian access easement
that runs along the eastern portion of the Fenway Road neighborhood. As an aside,
a question presently exists concerning pedestrian use of the drainage easement at the
end of Fenway Road for public access to Great Pond purposes. If available for
pedestrian access, the drainage easement would be preferable as a connector for the

Greenbelt due to its more convenient location and condition.

Ihe Greenbelt then connects with the easements that allow pedestrian useage of
existing trails along the northeasterly edge of Great Pond. The Greenbelt follows
along the "Ottawa Farms" subdivision pedestrian easement out onto Route 77. The
Greenbelt then moves alont Route 77 until it connects with the State-owned parcel of
agricultural land, which connects with Crescent Beach State Park.

Northeast Quadrant

A segment of the Greenbelt starts at the main entrance to Fort Williams Park, crosses
over through the Town baseball field and continues easterly until it connects with the
existing set of trails that eventually lead to Oakhurst Road and to the Town-owned 40
acre parcel to the south.

One part of the Greenbeltbranches off the section that leads to Lions Field, and
follows existing trails to the Methodist Church property. It also connects to the Olde
Colony Road neighborhood.

Another portion of the Greenbelt begins at the entrance of the Hobstone
condominium development and runs up an existing easement to the northern property
line of Hobstone. The proposed Greenbelt connector links up with another existing
pedestrian easement that was granted by the developers of the Canterbury at the Cape
condominiums and which connects to Colornbus Road. The Greenbelt then moves
north and connects with both Cheverus Road and with the Maxwell property trails
and Spurwink Road. It then connects with two parcels of Town-owned, tax
acquired properties along Linn Street, and ftuther connects with Mitchell Road (near
Woiodland Road). 'Mere is also a Greenbelt link proposed between the southern
point of the Canterbury easement and Ocean House Road.

A conservation protection (no public access) portion of the Greenbelt currently exists
along Cranbrook'Brook.

Northwest Ouadrant

One route of the Greenbelt begins at the Spurwink Road/Starboard Drive intersection
and follows along the northern edge of the Spurwink Marsh over to Sawyer Road..
From a point just north of theSpurwink.Road/WeRs Road intersection., the Greenbelt
continues along the edge of the marsh until it connects with the. dedicated open space
provided by the Elizabeth Farms development. The Greenbelt then continues north
along the Elizabeth Farms easement land along the stream, borders the Young's farm
and connects with Sawyer Road and over to another proposed Greenbelt section.
Yedestrian access is also proposed from the Elizabeth Fanns development along the
CMP right-of-way back to Spurwink Road. A branch off this right-of-way connects
with Willow Brook back to Lions Field.

Another portions of the Greenbelt connects the end of Silva Drive with the set of
trails that exist to the north and connect with Eastman Road and the northern parts of
Sawyer Road. One of these proposed Greenbelt trails connects to one portion of
Trout Brook and the trails that exist in the Maxwell Farm fields. 'Me Greenbelt
section that follows along the banks of Trout Brook eventually connects with Ocean
House Road.

Southeast Quadran

In this section of Cape Elizabeth, the Greenbelt portion at the end of Fenway Road is
ad acent to a public access/parking area easement that was given to the Town by the
developers of the Great Pond condominiums. This easement is proposed to link up
with a section of the Greenbelt that would extend easterly directly out to Route 77, as
well as linking up with a property already controlled by the Town to the north. r1bis
property crosses Route 77 and abuts Old Ocean House Road. The Greenbelt then
travels- north along Old Ocean House Road, travels northeast up a private road, and
then veers off to the ocean.

A branch of the Greenbelt is proposed on both sides of Alewife Brook. The portion
of this branch to the west of Route 77 would be open for pedestrian use, while the
other section leading to the ocean would be for conservation protection (no public

access) purposes.

Another part of the proposedGreenbelt system is located in the Broad Cove
neighborhood. The existing set of waWing trails that link Pine. Ridge Road.
Extension, Channelview Road and Hunts.Point Road Extension to Two Lights Road-
are incorporated into the Greenbelt. This would provide a formal link between
Broad Cove and the State land abutting Crescent'Beach State Park.

Southwest Quadrant

The Greenbelt is proposed to completely encircle Great Pond and follow along the
stream under Bowery Beach Road to Little Pond. Pedestrian access would be
limited to the northem and northeastem shore of Great Pond, however, with the rest
of the abovementioned area to be classified as conservation protection (no public
access).

Another section of the Greenbelt will link the "Poor Farm" land owned by the Town
with an existing pedestrian easement that connects to Spurwink Road. It is proposed
to also comect to the Spurwink Cemetary, cross Bowery Beach Road and follow
along the edge of the Spurwink River for a distance of approximately 1.3 miles.

CAPE ELIZABETH.'

eO
V,

0
IA@L-

Iver

4@7
Great
o ond

Me 9
Ond ell

Rain
Island

GREENBELT

Proposed Greenbelt

AqUirdizi Easernents/Land
Conservation Protection Richmond Island
(No Public Access)

Town Owned Land

State Owned Land

Purpoodock Club
14011-

19 76 UPDATE 1981; 1984:1987 PRck-D ev opcoo

VI. TECHNIQUES FOR DEVELOPING THE GREENBELT

1. Fee Simple Acquisition of Land

The best way to gain an interest in property is to acquire it outright, on a "fee simple
absolute" basis. This reduces the potential for a misunderstanding about theuse of
an particular parcel of land, with the major issues then centering on maintenance,
liability, and policies about access by the public. There are several methods for
acquiring land, some of which are described below.

Purchase

Buying land outright is a relatively simple way to acquire land. Purchase usually
removes most questions about access to and the use of the land. On the other hand,
it is usually an expensive proposition for the purchaser, especially given the high
cost of land in Cape Elizabeth. There are several sale options available to
landowners, such as a fair market price sale, a bargain sale, an installment sale.

A fair market price sale is the most common sale arrangement, in which land is
purchased at its assessed value (which may still be lower than its market value).
Land sold at less than fair market value would constitute a bargain sale. The buyer
is able to acquire the property at a more affordable price and the seller can claim the
difference between the bargain price and the fair market value as a charitable
contribution.

An installment sale involves an agreement between the property owner and the
purchaser in which the purchaser either pays for the land in annual installments or
buys a portion of the land each year. This arrangement makes the purchase of land
easier, for a municipality or organization, since the installments can be budgeted over
time.'

In some cases, it may be prudent to lease or resell the purchased property. This can
be done so that the original intent of the purchase is preserved. For example, the
purchase of a scenic pasture area could be "leased back" to a local fanner, who

could then use the land for its original grazing purposes, but.not for more intensive
agricultural uses. Another possibility is the purchase and resale option, in
which property is resold for private use, but with conditions written into the deed to
preserve the parcel's important open space or ecological qualities.

Donations/Gifts

Hard as it is to -believe, there is always the possibility that a property owner may
wish to donate an interest in a parcel of land to the Town, the Land Trust or some
other type of land holding organization. The tax benefits to be derived from donation
of land also make the idea attractive to some people. It is important that the benefits
of donating land be highlighted, potential donors be identified and donations
encouraged in an appropriate manner.

Tax Acquired P=eu

Most communities, including Cape Elizabeth, acquire property through the
nonpayment of property taxes by the landowner. Although the Town has been very
careful in the sale of such land to private citizens, existing and future tax acquired
properties should be evaluated with respect to their value as an addition to the
Greenbelt system.

Land Banking

In land banking, land is purchased, analyzed to determine its land use suitability and
then allowed to be used to the limit of its "carrying capacity". In many cases, land is
purchased and transferred to an appropriate third party organization for open space or
natural resource preservation purposes. In other cases, the land is held in the "land
bank" until the need arises for a more active use, of the- land., at which point it is sold
with conditions attached to its future use.

In the Maine context, land banking has been viewed as primarily a type of land
acquisition funding mechanism. It has been associated with a proposed local option,
Real Estate Transfer Tax, which would give municipalities the option to assess an

additional transfer tax (e.g., 2%) onto all local property transfers, the monies from
which would be used for land acquistion purposes.

2. Easements

Acquiring easements on land is -another form of open space protection. Easements
are legal instruments that place conditions, either positive or negative, on the use of
a particular piece of land.

Conservation Easements

A conservation easement is an agreement between a property owner and an
organization qualified to hold a conservation easement (such as a local land trust or
the Nature Conservancy) that protects the conservation value of the property. The
receiving organization agrees to enforce the terms of the easement and in some cases
may agree to maintain or manage the property.

Reciprocal Negative Easements

These easements, also known as equitable servitudes, involve several landowners
who mutually agree not to use their land in a certain manner. For example, property
owners with land that borders a significant marsh area may agree not to build any
structures or undertake any landscaping within a fixed distance from the edge of the
marsh.

Restrictive Covenants

A restrictive covenant is a@ legal provision that is placed in a deed to restrict the use of
a land
parcel. Such covenants are generally written to "run with the land", thus
remaining in effect through changes in ownership.

3. Zoning and Subdivision Regulations

The influence that a Town can exert in the process of reviewing development

proposals is often overlooked when one is considering available techniques for
preserving_ open space. Development review will usually fall under the Subdivision
Ordinance:or the Site Plan Review provisions in the Zoning Ordinance.

The Subdivision Ordinance has jurisdiction when a property owner wishes to
divide land into dime or more parcels, although there are some exemptions to this
general rule. T be subdivision ordinance standards are meant to encouragegood
design by the subdivider and deal with such design issues as road layout and the
location of public utilities. The Subdivison Ordinance, in concert with the Zoning
Ordinance, is also used to minimize any adverse impacts resulting from a proposed
subdivision development. Thus, landscaping, buffering, wildlife protection and
preservation of important ecological resources are just a few of the areas that are
examined during the subdivision review process.

The Town's Zoning Ordinance is a multifaceted land use management tool, which
applies to more than just subdivision development projects. It sets density, setback
and land use standards for -different areas of the Town that are designated on the
Official Zoning Map. 'Me Zoning Ordinance also contains provisions that regulate
wetland alterations, nonresidential development (site plan review), and permits
cluster development.

In the Cape Elizabeth Zoning Ordinance, there is a "cluster development"
provision in the Town's zoning ordinance, which applies to both residential
subdivisions and attached, multiplex housing projects. The cluster provision allows
the normal lot size, setback and lot width requirments to be modified, in order to
promote innovative site designs that would preserve open space and important
natural features. The Town benefits from cluster projects with the preservation of
dedicated Ppen space or natural areas that would otherwise be developed. In return,
the developer is given more design flexibility and usually has: a smaller amount. of
roads and other infrastructure improvements to be added to the site, which lowers his
or her site development costs.

4. Transferrable Development Rights (TDR) Process.-

The Town of Cape Elizabeth is one of the few towns in New England with a
Transferrable Development Rights (TDR) system in place in itsloning Ordinance.
The TDR system allows a developer to gain greater density for areas that are best
suited for development. In Cape Elizabeth, this translates into land parcels that are
over 10 acres, are zoned RA and are ableto have all dwelling units connect to the
public sewer system. In exchange for the increased density, the developer would
need to acquire a conservation easement on land that has been designated as being
valuable to the Town. Due to the ecological and historic importance of farmland to
Cape Elizabeth, the Town selected several parcels of actively used agricultural
acreage as land to be preserved through the TDR system. These parcels are
identified on the Cape Elizabeth Transfer Zone Map, situated in the Town Planner's
office.

The TDR process is completely voluntary for both the developer and the owner of
land designated for preservation. The value of the conservation easement is left for
these two parties to negotiate, although easement terms and conditions may be set or
modified by the Planning Board and are subject to Town Council approval.

Cape Elizabeth's TDR process has not yet been utilized, although preliminary
discussions did occur between at least one developer and landowner. The recently
adopted Sewer Ordinance will make future use of the TDR process unlikely, since
the Ordinance limits the number of public sewer hook-ups that may occur on any
given parcel of land according the amount of frontage on an existing public road.

5. Use of Public Lands

The Town has several parcels of land that, it owns, which either are or could be used
as links for the Greenbelt system. Examples of such parcels include Lions Field, the
open space connected to the Stonegate subdivision and the Sewage Treatment Plant
land parcel.

6. State and Federal Grants

Although federal funds for land acquisition and improvement have all but
disappeared over the past few years, there are still some available funding sources.
The Maine Coastal Program has federal monies available on.a competitive, annual
basis, in the form.of Waterfront Action Grants (WAG). The money is to be
used for the acquisition of public access to the shore or for improvement of existing
access points or coastal recreational facilities. There are also very limited Land and
Water Conservation (LAWCON) funds available for development of coastal
and noncoastal parks and other recreational facilities, which are administered by the
Maine Department of Conservation. The process in applying for these funds is,
needless to say, very competitive.

There are also funds available from the State of Maine for the purchasing of
significant lands for public use, after the $35 million bond. issue was approved in
November, 1987. The criteria for selection of land parcels to be purchased will be
determined over the next few months.

VH. RECOMMENDATIONS AND ACTION PLAN

1.@ Complete the Greenbelt Pedestrian Trail System &tween the
Two Parks

It is. important that the connection be made complete between Fort Williams Park and
Crescent Beach State Park. The pedestrian trailway system will represent the
Greenbelt for most people, which makes it crucial that the link between the parks be
achieved.

2. Pursue Full Range of Property Acguisition Options for the Entire
Greenbelt

All land acquisition techniques that meet the objectives of this Greenbelt Plan should
be considered when additions to the Greenbelt are being sought.

3. Continue Cooperation and Coordination between the
Conservation Commission. -Planning Board, and Town Council

The abovementioned Town boards have enjoyed a good working relationship with
each other. The Town Council provides funding and encouragement to both the
Conservation Commission and Planning Board for planning and open space
preservation. The Town Council has also dedicated funds obtained from the sale of
tax acquired properties for open space acquisition. The Conservation Commission
and the Planning Board work together to negotiate with developers about dedications
to the Greenbelt, which helps the Town meet its goal of preserving the rural character
of Cape Elizabeth.

4. Encourage Cooperation between the Town and the Calle
Elizabeth Land Trust

The Town and the newly created Cape Elizabeth Land Trust both share an interest in
preserving open space and adding to the Greenbelt. The two entities should work

together, where appropriate, to maxirnize the achievement of the Greenbelt Plans
objectives.

5. Maintain and Increase the Eninhasis in the ComIlrehensive Plan
and Town Land Use Ordinan.ces -Regarding the Greenbelt
and Preservation of Al:eas Qf Local Significance

The 1980 Cape Elizabeth Comprehensive Plan and the Town's land use ordinances
both emphasize the need for open space preservation. The current comprehensive
planning process should continue the past Plan's emphasis on open space
preservation. Future revisions to the Towrfs zoning and subdivision ordinances
should stress the need to balance new development and preservation of open space.

6. Budget Public Funds for AcqUisition of Greenbelt Land a nd
Easements

The Town should allocate funds annually in the Town budget for Greenbelt
acquisition purposes. These monies could then be used to complement the additions
to the Greenbelt achieved through donations and development dedications.

Appendix A

Old Greenbelt Map

All, I

9,W
LLJ

V4-7

SCARBOROUGH

Ile

Muir

-1000

federal land
State Parks
town land
semi-public land
trail
alternate route
primary route
CAPE ELIZABETH Greenbeft

Appendix B

Cape Elizabeth Conservation Commission
Goals and Objectives

Appendix B

Cape Ilizabeth -Conservation Commission
Goals and Objectives

A. Provision of Non-MechanizCd. Public Access to Valuable
Environmental Resources

1. Completion of the Greenbelt system, including the
pedestrian trail system

2. Access to Great Pond

3. Acquisition of Other Selected Areas, either through
easements or fee simple

B. Preservation of Valuable Open Space

1 Protection of Remaining Farmland
2. Protection of Important Wetlands
3. Protection of the Spurwink Marsh

4. Protection of Sensitive Dunes

5. Preservation of Scenic Views

6. Preservation of Historic Sites

Appendix C
Subdivision Open Space Exaction Language

The Cape Elizabeth Subdivision Ordinance was recently amended to include a
provision regarding the dedication of land, or payment in lieu of dedication, for:
recreation and open space purposes. The language is as follows:

Article 111, Section 16-3-1

(q) The Planning Board shall require the subdivider to provide an area
suitable for recreation or open space purposes up to 10% of the subdivision' s total
land area, or pay a fee to the Town in accordance with a fee schedule established by
the Town Council for recreation and open space acquisition purposes, primarily for
the use of owners of lots. within the subdivision, in order to address a recreational or
open space deficiency to be created by the proposed subdivision. The fee shall be
based on the "current assessed value" of the land, as listed in the Town Assessor's
records. Land reserved for active recreation purposes, such as a playground or
ballfield, shall be relatively level and dry. Land reserved for primary scenic or
passive recreation purposes shall have sufficient public access as determined by the
Planning Board.

Appendix D

References

Appendix D

References

Cape Elizabeth Comprehensive Plan Committee; A Land Use Poligy for Cap-e
Elizabeth. 1980.

Cape Elizabeth Conservation Commission; "Greenbelt": AnA
Space Preservation in Cgpe Elizabeth. 1977. pproach to Q12en

Kunofsky, Judith and Larry Orman; "Greenbelts and the Well-Planned City",
Sierra. November/December, 1985.

McHarg, Ian; Desijzn with Nature. Doubleday and Co., Inc., Garden City, NY.
1971.

Maine Association of Conservation Commissions: Natural Resources Handbook: A
Planning Tool for Maine Communities. July, 1987.
People for Open Space; Tools for the Greenbelt: A Citizen's Guide to Protecting
Open Space. San Francisco, CA. September, 1985.

Society for the Protection of New Hampshire Forests; Guiding Growth: A
Handbook for New Hampshire'rowrisptgple. Concord, NH. March, 1974.
Thompson, Edward;,, "Local Planning Efforts to Encourage Private Land
Conservation , Zoni g and Planning Law Report.. April, 1986.

Walker, Donald and Martin Zeller; "Promotm'g Public/Private Initiatives for
Preservation - Colorado Open Lands", Urban Land. November, 1985.
Whyte, William; The Last Landscape. Doubleday and Co., Inc., Garden City, NY.
1968

DATE DUE

GAYLORD No. 2333 PRINTEDINU.S.A.

3 E 68 14106 9460
6