The Valley Breeze

Thursday, May 17, 2007

Neighbors object to developer's 'brazen threat' "Pick your poison . . ." Frightening words indeed. And in fact, I was quite concerned when I heard attorney Michael Kelly speak these words to our Zoning Board at its meeting on Dec. 5. A threat like that rarely, if ever, ends up with an amicable outcome – at least not that I know of. In a nutshell, here's the back-story that led to Mr. Kelly's menacing warning. There is an undeveloped piece of property at the end of Preserved Arnold Court that is on an exceptionally steep incline leading to a wetlands and Barney Pond. On this property is a path that leads into Lincoln Woods. The property deed stipulates this path as a right-of-way and mentions an (unmarked) graveyard somewhere on the property. Several years ago Prev Court LLC of Cumberland purchased this property. The company, formed by at least one member of Cumberland's Ray family, would subdivide the land into three parcels, give a large portion of this to the town for open space and develop two houses on the remaining property. At first blush, that sounds like a great idea with all sides winning something of value. When the neighborhood learned of this development, we all came together to discuss the pluses and minuses of the proposal. We carefully evaluated all sides of the argument and in the end saw that the impact to our neighborhood and to our town would be more detrimental than beneficial. What did we do? We organized. We researched. We communicated. We trusted. We learned about the zoning and planning ordinances, our Comprehensive Plan, land evidence records, and wetlands protection. Then we contacted all of the people who represent our interests in town: our councilperson, our Planning Board and Zoning Board representatives, our Land Trust chairperson, our Water Board official. We explained the issues and we listened to their thoughts on the matter. On Dec. 5, the neighbors of Preserved Arnold Court presented our findings to the Zoning Board and to the developers. It was a sound argument that we made, based solely on facts and devoid of emotion. Our argument was buttressed by land use law set down in our ordinances and the argument resonated with the Zoning Board. As it became clear that the board was leaning away from the developer's side of the argument, attorney Kelly rose to address the board. Clearly he was frustrated – he had no viable answers to most of the concerns the board or we presented. Under questioning from the board, he finally stated, "Pick your poison . . ." that lot would be subdivided and developed for two units – even if the developer had to put a "20-foot wide house there that looked like a trailer." Honestly, when I heard that brazen threat, I froze. There is a fine line between a property owner's right to develop his or her own property and development that is detrimental to the common good of a community. The Zoning Board clearly had a tough choice to make – regardless of the overtly threatening manner of Kelly. Based on all of the merits of the argument - District 1 representative Halmi made an eloquent motion to deny the developer's request for a variance. As the vote came down, it was unanimous. There was no one on the Zoning Board who thought the developer's plan as presented, should move forward. Looking back over this struggle, it is clear that the Sword of Damocles still hangs over us – the developer will certainly come back with a new proposal for his land. For now though, we seem to have found an antidote to Mr. Kelly's poison: Organize; work together; get your officials involved; be informed; trust our officials and above all do not be intimidated. There is strength in numbers and there is strength in our laws. Together we can put an end to poor land development in Lincoln. Timothy E. McMahon 11 Preserved Arnold Court Lincoln