2017.09.25 Council Agenda Item 10

On September 5, 2017, the Planning Board issued Preliminary Subdivision Approval to a 32-unit, two-family condominium development off Blackstrap Road proposed by applicant James Cummings.  There are two aspects of the development, as currently proposed, that require action by the Town Council before the developer can apply to the Planning Board for Final Subdivision Approval:  Acceptance of a public trail easement over the proposed development’s trail system, and the granting of an easement over a Town-owned 50 foot right of way to allow the construction of a street connection between the proposed development and Brookfield Road.  These two easements would not be recorded at the Registry of Deeds until such time as the proposed development may receive final approval from the Planning Board. 

Public Trail Easement
During the Planning Board review process, staff and LMAC requested that the developer provide a public trail easement over the project’s proposed trail system.  The developer has agreed to provide a public trail easement for this purpose.  This project’s proposed trail system would provide a connection to the adjacent ±17 acres of Town-owned open space along the Presumpscot River.   

Easement and Road Maintenance Agreement over Town’s 50 foot right of way
In conformance with the Town’s Street Connectivity Policy and the Town’s Subdivision Ordinance standards for street connectivity, the developer of this project has proposed, and the Planning Board has preliminarily approved, a street connection between Blackstrap Road and Brookfield Road.  In order to effectuate the street connection, a ±285 foot long portion of the project’s new street (Tuscan Way) is proposed to lie over a 50 foot wide Town owned right of way labeled “Existing 50’ Wide Town Owned ROW” on the development plan.  

This 50 foot right of way was a required design component of the adjacent Brookside Field Extension Subdivision for the specific purpose of providing the ability to create a street connection between Brookfield Road and Blackstrap Road.  The Town obtained ownership of this 50 foot right of way in 2016 when the Brookfield Road property owner(s) petitioned the Town to take ownership of Brookfield Road. The acceptance of this 50 foot right of way, and its ability to provide future street connectivity, was an integral component of the Town agreeing to accept Brookfield Road as a dead end street that did not otherwise provide any street connectivity.  

Attachments: 

• Easement Agreement (Includes draft Trail Easement in Exhibit A and draft Easement and Road Maintenance Agreement in Exhibit B)
• Falmouth Policy on Street Connectivity
• Proposed Tuscan Way Development Plan 
• Proposed Order language