Date: Fri 03-Apr-1998

Publication: Bee

Author: STEVEB

Quick Words:

selectmen-land-trust-Schmidle

Full Text:

Land Trust Idea Gets A Hearing, But No Commitment, From The Selectmen

BY STEVE BIGHAM

Mae Schmidle said she has received an overwhelming response from residents

over her suggestion that Newtown create a public land trust.

The trust, she said, would be a valuable asset in the town's attempt to

preserve its land resources in these days of growth and development. In short,

the trust would enable the town to buy, sell, donate or exchange property. The

trust could accept monetary gifts and request money in the town's annual

budget.

"There really is a lot of interest in this," Mrs Schmidle said.

On Monday, the enthusiastic former state representative went before the Board

of Selectmen seeking to get her idea off the ground. She was hoping the board

would form a "research and study committee" to work out the details of the

trust. The Legislative Council recently put a dollar in the budget just in

case the land trust ever gets off the ground.

However, while the selectmen saw merit in such a trust, they were cautious in

their consideration, noting that there are already other organizations in town

that have the ability to accept gifts of money and land.

"The Newtown Forest Association can accept gifts and can accept cash to

purchase land," First Selectman Herb Rosenthal said. "I'd like to hear from

the Forest Association and the Conservation Commission to make sure we're not

stepping on anyone's toes."

Selectman Joe Bojnowski wondered what kinds of checks and balances a committee

of this kind would have, how would its members be selected, who would they be

accountable to and would the town be allowed to vote on land purchases and

sales?

"What are your thoughts on how this board would be checked for possible

misappropriations?" he asked.

Mrs Schmidle said the town would need to create an ordinance or revise the

town charter to give authority to a land trust commission for buying and

selling property.

"I would favor absolute checks and balances. I favor every single possible

protection that you can put in there," Mrs Schmidle said.

Mr Bojnowski suggested that those watching over the trust could become the

"developers" of Newtown. "That isn't necessarily a bad thing, but what are the

limits?" he asked.

Mrs Schmidle said those decisions would be left up to the "research and study"

committee, which could take a close look at what other communities are doing.

There are 114 land trusts in Connecticut and even more in Massachusetts. The

committee could also outline how a preservation land trust works and what it

protects, it could explore life estates, limited development, and cultural and

historical issues, Mrs Schmidle said.

The committee could also determine how to fund a land trust. In Martha's

Vineyard, when land is purchased, two percent of the sales price must be set

aside in a land trust, Mrs Schmidle said.

Selectman Bill Brimmer said Mrs Schmidle's proposal sounded much like the

trust set up nearly 30 years ago by the Conservation Commission. That fund

started with $25,000 and, with interest, has grown to more than $70,000. State

Representative Julia Wasserman was involved in the creation of that fund and

believes this new plan may be assigning work to a new commission that is

already within the jurisdiction of the Conservation Commission.

"The Conservation Commission was charged to do a lot of what Mae's land-use

idea is supposed to do," Mrs Wasserman said.

However, Mrs Schmidle said the Conservation Commission's trust fund only deals

with open space and little has been done with it since its creation. A public

land trust, she said, offers advantages over simply having money on hand for

open-space purchases.

"The trust I am proposing could acquire land or property, not just for open

space, but also to benefit Newtown with its cultural and historical heritage,

recreation, parks, planned development and in other areas," Mrs Schmidle said.

Last weekend, Mrs Schmidle said she was approached by a local CPA who had

clients seeking to make a donation to the town for land preservation.

Newtown Neighborhood Coalition member Jane Macomber of 9 Parmalee Place used

the example of a farmer who was looking to sell his 100-acre land, but did not

want it to fall into the hands of a developer.

"The land trust could buy that land from the farmer and then donate it to the

Newtown Forest Association," she said.

The state already has a program where it can buy the development rights,

ensuring the land remains used for farming, Mrs Wasserman said.

Mrs Schmidle pointed out that the forest association is limited to acquiring

land with deed restrictions on its development.

Newtown is the third largest town in the state with over 60 square miles of

land within its boundaries.

Those residents who have expressed interest in serving on the committee are:

Philip Koch, Carole Ando, Ken Johnson, Michael Grillo, Diane Kareta, Wolcott

Toll, Judy Murphy, Will Rodgers, Ray Sipherd, Mae Schmidle, Wes Gillingham,

Judy Holmes and Pat Denlinger.

The selectmen are expected to invite members of both the Forest Association

and Conservation Commission to its regular meeting later this month.