2019.03.25 Council Agenda Item 14

On December 20, 2018, the Town Council authorized the Town Manager to purchase the properties known as TV5, TF1, TF2, and TF3 within the Tidewater Master Planned Development District and approved the supplemental appropriation for the funds necessary to purchase the property. Prior to the closing on the property, there were concerns raised about the conservation easement and its impact on the property known at TF-1, which includes the historic Finks Farm buildings. Staff and the Town Attorney have worked to address these concerns and are proposing amendments to the easement to address them.

In connection with the sale to the Town, Tidewater LLC has completed a new survey of the area.  The Town Attorney would like to reference this in Exhibit A and attach it as Exhibit A-1, as it more accurately describes and delineates the Protected Property versus the original description in Book 23279, Page 235.  This new survey accurately locates the boundaries of the Protected Area and recites the acreage as 42.15 acres.  It also includes areas the formerly-referenced exhibit (which is basically a master plan/zoning map) suggested were subject to development.

In Section 5, the Conservation Easement speaks to the “Historic Finks Farm Buildings” located on property adjacent to the Protected Property.  Despite preservation efforts, these structures have deteriorated to the point where the Town and Tidewater agree they are a public safety hazard.  Efforts are currently underway to evaluate the future of these structures, whether that be rehabilitation or removal.  Thus, the Town Attorney has proposed to amend the language in Section 5 to clarify that the Finks Farm Buildings, which are not within the Protected Property, no longer need to be maintained and enhanced.

It is the shared understanding of Tidewater LLC and the Town that the changes outlined above in no way “materially detract from the conservation values intended for protection” by the Conservation Easement such as would require approval of the court under 33 MRS s.477-A(2) .  The total conserved area is actually larger than previously documented, and the removal or repair of dangerous structures will serve to enhance the public benefit.

On February 26, the Town Attorney received the attached email from Lauren Parker, Assistant Attorney General, concurring with the position that the proposed amendment does not materially detract from the conservation values of the Conservation Easement.