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Applications Rural Study Group 2007 |
Open Space Priorities Plan [3]III. IN-TOWN OPEN SPACE ACTION AREAS
At the writing of this report, "in-town" is defined as extending from the Connecticut River west of the Rinker Tract and Oak Hill to and along Grasse Road to East Wheelock Street, then cross-country to the intersection of Lebanon Street and Greensboro Road, and south on Lebanon Street to the southern boundary of the Town of Hanover. (Although the Appalachian Trail and its buffers traverse this area, they are discussed in the Conservation/Recreation Action Areas chapter of this report.)
In the future, as areas of more dense population develop outside this definition of "in-town," spaces should be conserved in them that meet the general open space goals and/or the in-town open space criteria. For instance, the present open fields and forests both to the north and south of Greensboro Road are located in the BM (Service Business and Limited Manufacturing) Zone or the SR-2 (Single Residence-2) Zone and are subject to development. Obviously, if these areas are developed, much of the rural character of this landscape so close to town will change.
IN-TOWN OPEN SPACE BENEFITS
Open space, whether rural or in town, provides people with physical, mental and emotional refreshment. The town center is uniquely surrounded by the wooded banks of the Connecticut River to the west and by forested hillsides and ridgelines to the north and east. Visible from dozens of locations in the downtown area, the backdrop of Hanover's forested hills is highly prized by the many people who live, work in, and visit the town. Small open spaces found between commercial and institutional buildings or in residential areas are also highly valued. Additions to in-town open spaces would strengthen the already established pattern of village-scale combinations of development and open areas. In-town open spaces thus tend to fall into three types: 1.) the forested backdrop, 2.) smaller local parks and open spaces, and 3.) connections.
THE FORESTED BACKDROP
From the steep, woodland eskers of the Connecticut River banks to the nearby ridgelines to the east, the backdrop of forested hills defines the landscape character of downtown Hanover. Many people and groups have worked to build this highly visible natural area within walking distance of the downtown business and institutional district, schools, and residential neighborhoods. As with more rural open spaces, these in-town natural areas contribute to a healthy ecosystem by protecting water resources, diverse plant and animal natural communities, and wildlife corridors.
Because these natural areas are located in the area of town zoned for heaviest use, they are also critically important for:
· protecting the visual character of Hanover-a rural New England town surrounded by forest and mown fields;
The segments of this natural backdrop include (starting from the north of town):
· The Rinker Tract
While each of these areas is, or should be, protected, not all are or should be open for public use. Privately held lands protected by conservation easement are an important component for the preservation of our town character and healthy environment.
SMALLER LOCAL PARKS AND OPEN SPACES
The second type of in-town open space is typically smaller and more locally used. The Valley News on September 3, 2000 notes that, "Although Hanover is among New Hampshire's wealthiest communities, the town is park-poor." The in-town area has few green spaces and pocket parks for recreation or for people to sit, rest, wait, gather and chat, where parents and grandparents can sit with baby carriages and watch older children play. The Herb Garden, almost the only quiet outdoor public place near Main Street, is located in a somewhat obscure location on West Wheelock Street away from where most people walk, park, or do business.
The best in-town open spaces are planned, distinctly shaped, and enjoyed by many people. They tend to be partially enclosed or to have a sense of being special places. Outdoor spaces that are merely "left over" between buildings are, in general, unplanned and not used to their potential. The square in front of Hanover's municipal building or the newly dedicated "Dagmar's Place" are examples of successful open spaces. The gap between the Ledyard and Citizens Banks on Main Street, created when the Tanzi Brothers Market and Fruit Stand burned on New Year's Day 1976 , has the potential- as-yet unrealized- to become an enjoyable outdoor courtyard.
The town planning and zoning regulations should be more effectively written to protect and/or create positive in-town open spaces. Current ordinances allow for the crowding of buildings, which narrows views and can create urban feelings of constriction and pressure- feelings not associated with a small New England town. The new building and parking garage on Lebanon Street has begun to impose this effect. Planning for trees and shade can mitigate the impact somewhat, but the principal planning focus should be on preserving more open space in the initial design, size and placement of buildings in relation to their surroundings.
The Dartmouth Green is the most well known open space in town and is a widely recognized symbol of Hanover. It serves many groups and individuals in all seasons, it connects the college with the town, and preserves a sense of openness and green space in the center of our increasingly urban downtown district.
Visible from Lebanon Street, one of the most heavily traveled streets in town, the open playing fields on the Dresden School grounds also serve many groups of people. Flat, safe, easily accessible recreation land owned by the Town is practically non-existent. With Dartmouth College's increasing need to limit use of their athletic fields by outside groups, the preservation of the Dresden School open fields is essential. Centrally located, these fields are used by people of all abilities and ages for exercise, family games, and community events like athletic games and contests at all times of day and evening. They are conveniently located across the street from the town's senior housing complex, and near several single-family neighborhoods and many apartment buildings. These open green spaces should be permanently protected for the use of the entire community.
The Hanover Country Club golf course is also used for winter sports-cross-country skiing, sledding- andyear-round for walking.
Herb garden on West Wheelock Street is
Storrs Pond Recreation area is used for camping, swimming, tennis and walking.
The Dartmouth Green is the physical link between the college campus and Main Street- sometimes peaceful, often full of student activity.
Dagmar's Place is a new playground for young children.
Ideally, every in-town neighborhood should be within a three- to five-minute walk of both an informal open space (a forested trail or undeveloped area) and a more planned open space (a playing field, tot lot, public garden or park). Neighborhood parks provide children with places to play near home and people of all ages with places to meet their neighbors. Local parks should be an important element of the residential development pattern in town.
CONNECTIONS
Connections from downtown to walking paths, bike paths, and outward to conservation/recreation areas in the more rural parts of town are important and should be readily available. Existing open space and paths should be permanently protected and new ones established to link Hanover's in-town area with the countryside.
CRITERIA FOR IN-TOWN OPEN SPACE ACTION AREAS
In-town open spaces should be evaluated according to one or more of the following criteria:
IN-TOWN ACTIONS
Potential in-town open space action areas are discussed by action needed as part of the plan in Chapter IV. Hanover's existing in-town open space areas are listed and shown in Appendix III.
IV. THE OPEN SPACE PRIORITIES PLAN
Guiding this Open Space Priorities Plan is a vision of Hanover in times to come, a town shaped physically by its varied topography, generous open spaces, and various built structures, and with every resident assured of a stable and bountiful resource base, and a variety of conveniently located outdoor recreation opportunities. The plan encourages stewardship of our cultural and natural surroundings, and both municipal and voluntary citizen participation in achieving open space goals.
The goals of the Open Space Priorities Plan, as stated in Chapter I, are:
· To promote the conservation, protection and sound management of the natural resource base;
Eleven specific areas of Hanover have been identified in this plan for permanent protection. While some may be conserved through regulation and donation, there will be instances where the town will need to purchase land or rights to the land in order to secure open spaces. This plan is thus meant to ensure the thoughtful expenditure of public moneys from the town's Conservation Fund. (See Chapter V) It is also meant to provide meaningful input for the town Master Plan; and to encourage land-protection actions by individuals, and by nonprofit organizations such as the Upper Valley Land Trust , the Hanover Conservation Council and the Appalachian Trail Conference Land Trust.
The plan is in four parts:
GENERAL RECOMMENDATIONS
1. All the various techniques for expanding Hanover's open space system should be vigorously pursued.
Travellers on Route 10 enjoy the view of this protected field.
· fill in missing links between existing protected open space lands and trail segments;
USES OF THE CONSERVATION FUND
1. The Conservation Fund should be used to leverage additional support for implementation of this open space plan.
CONSERVATION/RECREATION ACTION AREA RECOMMENDATIONS
The open space protection purposes for each conservation/recreation area are given below to assist in the evaluation of potential projects. They are followed by lists of some specific action suggestions.
Appalachian Trail Buffers
1. Work with the Appalachian Trail Conference (ATC) Land Trust to establish buffers where the trail is narrow, and to conserve other properties near the trail.
The Appalachian Trail connects Hanover to thousands of miles of hiking trails in more than a dozen states.
Connecticut River
1. Increase opportunities for public access to and use of the river.
Lord's Hill
1. Hold a neighborhood gathering to discuss conservation of open space on Lord's Hill.
Lyme Connection
1. Request Town Meeting to designate Wardrobe Road as a public trail, because of its unique characteristic as a connector to protected property in Lyme.
Mink Brook Corridor
1. Protect wetlands and unique habitat areas in the Mink Brook watershed.
Monahan Valley
1. Encourage conservation easements on lands with existing protective covenants.
Moose Mountain East
Mowed fields offer occasional views of the east side of Moose Mountain.
Moose Mountain West
1. Encourage conservation easements to be placed on properties that abut Class VI roads and currently protected properties in the "F" Zone.
Slade Brook
1. Contact owners of unprotected properties about conserving their land in the lower Slade Brook valley.
Trail maintenance is an important part of the recreation system.
Water Company Land
1. Appoint a special task force to investigate permanent protection of the Water Company Lands.
Purposes: to sustain and expand Hanover's in-town natural backdrop and smaller open spaces; to sustain and expand Hanover's physical amenities and recreational opportunites; and to strengthen the role of open space in all in-town planning and development.
Recommendations:
Occum Pond
V. OPEN SPACE PROTECTION
Just as motivations for open space preservation vary from person to person, and circumstance to circumstance, protection techniques vary to meet differing needs. Landowners may give or sell part or all of their interest in property. By means of easements, they may restrict some uses of a piece of land for a stated time span or in perpetuity. In some situations, development rights may be transferred from one site to a distant site owned by another party. The town can often zone or regulate to meet public needs. State and local tax codes may also assist in meeting open space protection objectives. In Hanover there is the additional option for purchase or assistance, provided by the establishment of the Conservation Fund.
The most effective way to meet the objectives of this open space plan will be utilization of a variety of protection techniques available to private landowners, non-profits, and the town. The techniques most commonly used in New Hampshire and elsewhere are described below, followed by a proposal for the first five years' use of the Conservation Fund.
PROTECTION OPTIONS
Acquisition of Fee Simple
Acquisition of a property may be expensive in the case of purchase, or inexpensive in the case of donation. Purchase may be necessary when the land is threatened and the landowner is not willing or able to give the property to an entity interested in land conservation. Donation may provide the landowner with income tax benefits because the value of the real estate donated to a governmental or non-profit conservation organization is recognized in the tax code as a charitable contribution. Part of or all of the value of the land may be tax-deductible. Bargain sale at a less-than-market-value price is a financially attractive variant of an outright purchase. It benefits the town because the cost of purchase is less. It can also benefit the landowner because the difference between the bargain sale price and the fair market value may be considered a charitable contribution and therefore qualify as an income tax deduction.
Acquisition of Partial Interests in Land
Landowners interested in conserving their property, but retaining ownership, have discovered the conservation easement. Specifying the rights which will be separated from the property in a conservation easement deed, and selling or giving the deed to a conservation group or town is a common method of land protection in the Upper Valley. Many conservation easements, for example, restrict further subdivision of the property, and residential or commercial development. Commonly, easements may also limit excavation and major disturbance of the natural ground surface. Some conservation easements reserve particular rights for present and future owners such as the right to erect agricultural structures or to allow additions on existing residential structures. Some conservation easements cover only a portion of a lot, leaving the remainder available for development according to the land use controls in effect in the community.
Acquisition of a conservation easement by the town or conservation group means receiving a less than fee simple interest in property. Acquisition of a conservation easement is also called acquisition of development rights, because in most cases, conservation easements convey development rights from the owner to another party. Another type of partial interest that is commonly conveyed in Hanover is a trail easement. Sometimes the Planning Board requests that a trail easement be given to the town to improve the trail system in the process of reviewing a major subdivision or site plan application.
The acquisition of partial interests in land is usually less costly than the acquisition of the land fee simple, both in the short term and the long term. The long-term municipal costs include the responsibility for monitoring, and enforcement in the event of an easement violation. Other considerations include the relative security that comes with ownership, the loss of taxes and the stewardship expenses necessary for managing the land.
Transfer of Development Rights
In order to sell the development rights from land in a sending zone, an instrument similar to a conservation easement is executed. The transfer of development rights is carefully worked out when the system is set up by local ordinance, and subsequently monitored to keep track of the lands from which development rights have been sold.
Option & Right of First Refusal
An option establishes a price at which the land could be purchased at any point during a specified period of time in the future. It gains time for raising money for the fee simple purchase, for completion of applications for grant assistance, for obtaining town appropriations, or whatever else is necessary to consummate the purchase.
A right of first refusal is less specific. It guarantees a future opportunity to purchase the land at a price equal to a bona fide offer from another party. It buys time, but does not establish a fixed price or date of purchase.
Options and rights of first refusal provide legal ways for eventual property ownership while providing time for organization and assembly of financial resources. Neither obligates the town to making the purchase, but the town should not employ these options unless there is a high probability the town will exercise the option. Options and rights of first refusal can be obtained at no cost, but are typically sold by the landowner.
Regulations
Land use regulations, particularly zoning, can be designed to keep open space free from development. This is precisely what the "NP" district in the Hanover Zoning Ordinance attempts to do. This zoning approach is unique and not suited to much of the land in town because land is zoned "NP" only at the request of the landowner. The limited development (only seasonal residences) and large lot sizes required in the "F" district have been crucial in reducing development pressure on the east side of Moose Mountain. However, while it has, to date, created an ambience in the eastern part of town, it does not specifically protect its natural resources. Therefore, additional conservation mechanisms should be used.
Regulations such as those contained in Article VII of the Zoning Ordinance (wetland and waterbody protection) effectively restrict development from impacting water resources in a major way, but at times, with review, do allow some development in the wetland and the surrounding buffer. Regulation of lot coverage and setbacks ensure that there is a mix of structures and open space on a lot.
Planned residential development and open space development regulations are designed to encourage a development plan which sets aside meaningful open space, typically for the use by the residents of the development. The key here is ensuring that the open space also contributes in a logical way to the open space system in town, has some relationship with the town-wide network, and provides some public open space benefit.
Regulatory approaches do not take land from the tax rolls and only require a commitment from the town to administer and enforce the provisions of the land use controls. However, regulatory approaches to open space protection are only a Town Meeting vote away from being abolished or changed to become less (or perhaps more) effective. The Town should not use the Conservation Fund to avoid enforcement of regulations.
Historic
Current Use Assessment
While current use does not prevent a property from being developed, it provides an incentive to keep the land undeveloped, since annual taxes are lower.
MANAGEMENT OF THE CONSERVATION FUND
Composition of the Fund
Estimating the Revenue Stream for the Next Five Years
Over the past ten years, the average annual amount of use change tax generated by land being taken out of current use, has been $50,000. Assuming that the rate of land taken out of current use continues at the same rate for the next five years, it is anticipated that $25,000 per year, or $125,000 over the next five years, will be added to the Conservation Fund.
In the best case, a management plan will be developed for each of the forested tracts owned by the town. Such a plan would recommend a timetable for timber harvest for each tract. Using estimated timber yields from these plans, harvest values could be estimated. Currently, some but not all of the town-owned properties have management plans, so it is not possible to predict a revenue stream coming from each tract where timber harvest is planned might occur. Based on the town's consulting forester's estimate of revenue from timber sales, in the next five years, approximately $7,500 will be added to the Conservation Fund.
A system of conservation and environmental violation fines has not been instituted to date. To keep the estimates for spending from the Conservation Fund at a conservative level, the revenue stream from this source was estimated at $0.
The Conservation Fund is deposited in the New Hampshire Public Deposit Investment Pool. This is an interest-bearing account. Assuming that a balance for on-going stewardship is kept in the Conservation Fund of approximately $30,000, that conservation projects will reduce the Fund in a gradual way, and a 5% interest rate, there would be interest earned each year of around $3,500.
Based on this analysis, approximately $150,000 will be added to the Conservation Fund over the next five years. Added to the beginning balance, this amounts to approximately $330,000 to work with over the next five years.
Conservation Fund Initiatives - A Five Year Plan
Stewardship Fund
A stewardship fund of $30,000 should be established as a restricted fund within the Conservation Fund with the recognition that the town's General Fund will also continue to be used for these expenses. Interest from the stewardship fund should flow back into the Conservation Fund for land protection and other projects. Easement monitoring should be done by town staff, paid for out of operations, and volunteers.
Every time an easement is accepted, a stewardship fee of at least $1800 should be added to the stewardship fund. This fee could be covered by the Conservation Fund, by donations, or by the easement donor. The amount of the fee should be reassessed periodically.
Land Protection Assistance Fund
In order to encourage voluntary donations, the Conservation Commission should make $20,000 available annually to assist property owners with defraying the costs of easement donation (except for the landowner's appraisal and professional counsel fees solely for the landowner's tax deduction purposes), whether to the town, a land trust or to another governmental entity. The terms of the conservation easement must meet clear professional writing and legal standards and be agreeable to the Conservation Commission in order for the project to qualify for these funds.
Notice of the availability of these funds should be made by the end of May each year. Applications from landowners should be received by the Conservation Commission by August 1. Decisions should be made by the Commission on projects to be funded by September 1, or sooner, in order that projects could be completed by December 31 of that year. Land Protection Assistance money not awarded by September 1 should be available for other projects through the end of the town's fiscal year and should be carried forward to be made available in subsequent years when there may be more interest in easement donation. Specific guidelines for award of these funds should be established by the Conservation Commission. There may be extraordinary cases where exceptions can be made to this general funding schedule.
Permanent Protection of Town-Owned Land
Land Maintenance Budget
Land Protection
In the case of conservation easement purchase, because of the long-term monitoring and enforcement responsibilities, it is advised that the town work in cooperation with a land trust and seek a land trust recipient for the conservation easement. In this way, the town and land trust work together to achieve open space protection but the town is not encumbered with the monitoring and enforcement time and financial commitments, particularly those that come with an enforcement action.
In order to make the limited Conservation Fund dollars stretch further in every possible case, there should be an attempt to leverage support from neighbors, conservation partners, other government agencies, foundations and/or the general public. This match could take the form of a bargain sale from the landowner.
Depending on the projects that are developed or come to the attention of the Conservation Commission, the Commission should decide in any given year whether to spend the entire amount on a single project or to divide this money for land protection among many projects.
Evaluating Potential Expenditures from the Conservation Fund
However, should specific properties outside those mentioned in this plan that exhibit outstanding open space benefits come to the attention of the Commission, they should be considered for inclusion as a rational part of the open space system. For example, the availability of an undeveloped lot that could become an addition to the Town Forest whose location is not specifically cited in the Plan may be an excellent addition to the town's open space holdings. Likewise, a neighboring community might run a trail to the Hanover town line. A specific piece of property in Hanover may be necessary to link the trail to Hanover trails. This type of opportunistic purchase would provide an open space benefit to Hanover residents, even though the particular piece of property is not shown as part of the open space system at this time.
For every property whose protection might be funded by the Conservation Fund, natural and historic resources should be identified, and an assessment of the open space benefits must be completed, and the willingness of the land owner, the threat of development or disturbance of the natural systems, the costs and price all need to be considered. These measures should be used to evaluate the benefit of conserving one piece versus another piece of property. The Land Conservation Committee may wish to review the criteria used by other conservation organizations to evaluate high priority areas.
This management plan, which covers only the land protection assistance fund, permanent protection of town-owned properties, and land maintenance at the proposed levels, will leave the Conservation Fund depleted at the end of the five-year period. Nevertheless, good land stewardship and assistance to voluntary conservation easement donors need to continue. Hopefully, anticipated revenues from the use change tax, timber sales, and interest should cover those continuing responsibilities.
It is clear that one or more additional revenue sources must be identified. Public fund raising to capitalize a long-term land protection fund, or a bond issue, are two potential sources. Establishment of new sources will be a measure of the town's commitment to the open spaces that residents have identified, in several public surveys during the last 25 years, as very important elements of their town.
Conservation Fund- Summary of Proposed Cash Flow
Revenue(Expense) 2000 2001 2002 2003 2004 2005
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