The Cape Elizabeth Town Council has refused to grant an easement over Fort Williams Park, denying a request from the Fort Williams Charitable Foundation.
The councilors voted unanimously to put off indefinitely the request, which had drawn criticism from the town’s attorney and been opposed by the Fort Williams Advisory Commission. The foundation said it was needed to provide “permanent protection” to the park that would help the foundation attract major donors to help fund park operations and improvements.
Councilor Carolyn Fritz has said in the past she supported additional protection over the park and that a conservation easement could provide it, though most councilors believe the park is already adequately protected and keeping full control of the park in the hands of the elected officials of Cape Elizabeth is the best way to prevent any future sale or development of the park.
Last week, the commission discussed whether the park required permanent protection in any form other than the rejected conservation easement. Commission Chairman Charles McCarthy said the group found there “are adequate protections at the fort,” and will not consider the issue again, unless the Town Council asks them to do so.
Though the foundation’s proposal for this easement has been turned down, the debate has revealed previously unknown layers of protection over the park that do exist, such as federal protections on certain recreational areas that have been improved through federal grants, and clarified others.
Another potential result of this debate is the placing of a permanent marker that would inform park visitors about the various layers of protection that exist, such as the Town Council’s 1976 dedication of the park as permanent open space and the federal restrictions.
The idea for the permanent marker was recommended by Councilor Jack Roberts and at Monday’s Town Council meeting the seven councilors voted to allow Town Manager Mike McGovern to work with the Fort Williams Advisory Commission, the council’s advising body on issues involving the park, to come up with a specific proposal, which would include the location, the design and a cost estimate.
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