By Dan Aceto

Staff Writer

Residents in the Green Acres neighborhood breathed a collective sigh of relief last Wednesday when the Town Council unanimously voted against rezoning a 6-acre parcel of land that abuts their homes.

Now residents are prepared to take the next step. Their goal: “to stop the sale and destruction of the land in any form,” said Deborah Histen.

Histen, who founded the Save Green Acres group after she learned of the possible land sale just weeks ago, has since united residents throughout the neighborhood. Although many had never met before, they all share her belief in the cause. 

The land, listed for sale at $695,000 by the Maine Department of Transportation, attracted the attention of Maine Eye Center, which wanted to expand to a larger space outside Portland.

Harvey Rosenfeld of the Scarborough Economic Development Corp. proposed the 6-acre parcel be changed from a residential, R-2 zone to a Business Office Research Zone so the land could be used for the medical practice.

Neighborhood residents opposed the sale and said the land is a buffer between their homes and I-295. They’re also concerned about safety, traffic, noise and light from a business such as Maine Eye.

Council Chairman Judith Roy has lived in the neighborhood for 37 years. While she opposes the proposed zone change, she is uncertain what will happen to the land.

“My personal preference is to leave it alone and hope nothing ever happens to it. Is that a reality? I don’t think so,” Roy said. Roy said she’d like to see neighbors meet with a committee that ensures zoning regulations fit the town’s Comprehensive Plan.

Although Roy said she believes the land will be sold, she encouraged neighbors to get together and devise their own “neat ideas” to protect the land. 

And that is precisely what they’re doing.

Chris Caiazzo, who lives in the neighborhood, said Save Green Acres is the definition of a grassroots effort.

“It’s unfortunate that a challenge like this brought us together,” Caiazzo said. “When you’re faced with the fact that you might lose something you thought you would never lose, you realize just how important that thing really is.” 

Histen said she is working to make the group a nonprofit organization and hopes it can function as an advisory group to the Town Council.

“There is a need for structured approach in giving the town a balanced picture,” Histen said. “Residents’ needs must be clearly and adequately represented.” 

The Save Green Acres group is comprised of a diverse mix of residents who represent a broad range of careers, Histen said.

Last week Patrick Venne, a land use and property attorney in Portland, offered to work without charge on the case. Venne said he agreed with residents on a moral level and that although the “underlying event is generic, the experience is unique and the community building amongst the neighborhood has been astronomical.” 

Venne said he is concerned MDOT may have infringed on residents’ rights.

“The purpose of zoning is to implement the town’s Comprehensive Plan, which is approved by the public,” Venne said. “The purpose of a zone is to further separate incompatible uses, not to introduce them, which is what would happen here. You don’t want a tannery next to a preschool or a jail next to a convent.” 

Venne said the next step for the group is to arrange a meeting with MDOT to address concerns of Green Acres residents. 

Histen said she has contacted Sen. Phillip Bartlett (D-Gorham, Scarborough, Westbrook) to help. Bartlett said he has communicated with MDOT to plan a meeting, but no date has been set.

Caiazzo said he wants to know how MDOT evaluated the property, how it was acquired and if it plans to do a traffic study to assess the impact of a new business on the neighborhood.

If land is taken under eminent domain it cannot be sold for economic development and must be used for public purpose under a law passed in 2005, Venne said. While that law doesn’t apply to MDOT because the land was acquired before 2005, Venne said it does speak to how MDOT should act. 

“The people of Maine have spoken and to disregard their intentions would fly in the face of democracy,” he said.

Venne said Save Green Acres would pursue several options.

One is for residents to purchase the land, which Venne said would require major businesses and donors to raise necessary funds. 

Another option would be to pursue a conservation easement on the property. Venne said an easement would allow a third-party non-owner of the land to use the land for a single purpose – in this case, conservation.  The voluntary agreement would allow the owner to keep the land but agree to restrictions on development.

Venne said the group could also pursue a land trust that would forbid development of the land, however residents would have to convince the Department of Environmental Protection the buffer is worth preserving. 

Histen said she believes the area is home to vernal pools, small bodies of water that recede in the winter and expand in the spring. They include a variety of species such as dragonflies and turtles. Histen said if the pools are present they’re protected by law, but that determination can’t be made by the Department of Environmental Protection until spring. 

The group also will consider a moratorium on both the sale of the land by MDOT and future development by the town.

Venne said the group hasn’t decided what direction to take it.

Caiazzo said he doesn’t want to give people the impression the group is concerned with, “preserving trees for the sake of it.”

“We’re not anti-development. We just want to be part of the process. One of the things we’re looking at is, ‘what was the rationale behind the sale of the land?’” he asked.

Caiazzo said MDOT has not contacted residents about development of the land and hasn’t spoken at Town Council proceedings on the matter.

“The fact of the matter is that the state is going to profit at our loss. Is that how the state is going to do business?” Caiazzo asked.

Histen said she is concerned property values will decrease in the area if development occurs.

Histen believes neighbors faced a frightening reality over the potential land sale, but said they filled “a void in government as it works at a local level.”

While she’s uncertain what the group will accomplish, a quote from Margaret Mead on her kitchen cupboard offers daily encouragement for Save Green Acres:

“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed it’s the only thing that ever does.”