2017.10.11 Council Agenda Item 05

Summary

Order to authorize the Town Manager to enter into an Easement Agreement and to take all other actions necessary to accept on behalf of the Town certain rights and easements relating to public use of trails and Tuscan Way, and to execute and deliver on behalf of the Town an Easement and Road Maintenance Agreement relating to street connectivity over the Town’s property adjacent to Brookfield Road.

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

ACTION: Council action is anticipated.

Description

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 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 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.

At the September 25, 2017 Council meeting where this item was discussed, the project developer offered to provide public access over the entire length of Tuscan Way to ensure that the full public benefits of street connectivity could be realized with this project. The Council requested that the legal documents be updated to reflect this intent for public access. The legal documents have now been updated to reflect this change.

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