2016.07.25 Council Agenda Item 09

Summary

Order to conditionally accept several conveyances of open space property and easements from the Harriman Subdivision. 

A public comment period will be included (3 minutes).

ACTION: Council action is anticipated.

Description

The Town Council is being asked to accept open space and public access easements associated with a four lot subdivision application. The Planning Board granted preliminary approval to this subdivision on June 7, 2016.  Prior to filing for final subdivision approval with the Planning Board, the applicant is required to demonstrate that the Council is amenable to accepting the open space and easements being offered.  The Planning Board’s final approval will need to include the terms of ownership of the open space in this development, and any restrictions or conditions attached to the acceptance of the open space.

Open space in subdivisions can be proposed to be owned by a home owners association, by a land trust, or by the Town.  In this particular situation, the developer has proposed conveying fee ownership to the Town because the open space abuts existing Town property (Community Park).  Staff and LMAC agree with this approach and recommend the Council accept the open space with the conditions specified in the order. The conditions were written by the Town Attorney based on his review of all attached documents.