Date: Fri 28-May-1999

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Taunton-Pond

Full Text:

Subdivision Open Space Provides Public Property On Taunton Pond

(with photo)

BY ANDREW GOROSKO

The Planning and Zoning Commission (P&Z) has approved a residential

subdivision which provides the town with open space land with frontage on

Taunton Pond.

On May 20 P&Z members approved a three-lot subdivision on 16.4 acres at 73-A

Mt Pleasant Road for Paul and Dolores Allen of 68 Mt Pleasant Road. P&Z

members voted 4-to-1 in favor of the subdivision with member Heidi Winslow

dissenting. Ms Winslow, who owns Taunton Lake Drive property on Taunton Pond,

said she opposed the subdivision because she believes that the Newtown Forest

Association, not the town, should own the open space land on the pond.

In discussing the subdivision proposal before the vote, P&Z Chairman Daniel

Fogliano said of the 1.6-acre open space parcel, "I think it's going to be

used like every other piece of open space the town owns."

"I think it's great," he said, adding the property will provide public access

to the pond which is surrounded by privately-owned land.

The chairman noted the town already owns another piece of open space land on

the pond not far from the open space parcel in the Allen subdivision.

That open space, which is valued at $15,400, consists of 0.57 acres at 9-A

Taunton Lake Road. That property is a narrow strip of land where boats are

chained to trees. It lies just north of the Newtown Fish and Game Club's

1.1-acre boat launch.

Before the P&Z vote on the subdivision application, Ms Winslow said "I really

think that making this a town accessway (to the pond) is opening up a can of

worms" which will pose municipal liability problems. She urged that the P&Z

make the private forest association the recipient of the open space.

But Mr Fogliano disagreed.

"I think the town should have this piece of property," he said, adding it

could have potential future uses. Land as potentially valuable as the 1.6

acres on the pond shouldn't be turned over to the forest association, he said.

The association owns other land on the pond.

"The important part is to preserve it as a piece of open space," said P&Z

member Michael Osborne in recommending that the town own the open space. He

noted that a dam on the property lies on the subdivision applicant's property,

not on the town open space land.

In considering whether the town should own the open space land, commission

members reviewed whether the town would own the dam, and thus be liable for

its maintenance.

The Allen subdivision proposal has been before the P&Z in several versions

during the past several years.

In presenting the application to P&Z members in March, attorney Bill

Denlinger, representing the Allens, explained that the open space in the

subdivision does not connect to any other open space land. The open space is

bordered by the subdivision on one side and the pond on the other. An easement

will provide the public with foot access to the property from Taunton Lake

Road.

In April, Mr Denlinger told P&Z members the Allens would give the open space

to whatever agency the P&Z desired. "We're willing to deed the open space to

anybody you think is appropriate," he said.

Besides an approximately 100-foot-long strip of lakefront, the open space

consists of much wetland, plus highlands.

Mr Denlinger said the town's ownership of the open space will provide citizens

with access to the lake under the town's supervision. People would be able to

fish there unless the town has a legitimate reason to prohibit fishing, he

said. The town could place certain restrictions on the property's use, he

said.

In a report to the P&Z, Eliazabeth Stocker, the P&Z's planning aide, wrote

that real estate such as the Allen open space parcel was identified as a high

priority open space acquisition in the 1993 Town Plan of Development and

Conservation.

"The proposed open space has potential for use if it is prepared and managed

properly. The commission should review this public potential and the need to

permanently mark the open space boundaries and easement area," she wrote.