By Amanda Estes
Staff Writer
A final round of land swaps in South Portland’s Sawyer Marsh area will provide a protective buffer for Trout Brook while preserving public access to the Sawyer Sand Pit.
With a unanimous vote, the city council authorized Acting City Manager Jim Gailey to issue a deed to Thomas and Sarah Maietta for a 1,220 square foot parcel. In exchange the Maietta’s will give the city their 10,585 square foot parcel along the Trout Brook corridor on the South Portland Cape Elizabeth municipal boundary.
The council also authorized Gailey to issue conservation easements to Portland Trails and the South Portland Land Trust for Sawyer Marsh and the “Sawyer Street Sand Pit,” respectively.
Last winter, the city was in negotiations with developers Paul Vose and Larry Lydon to swap an 8.56-acre property on Sawyer Marsh for the city-owned sand pit. Vose and Lydon were issued a building permit for the marsh property, however, the swap placed that parcel and a section of the sandpit under a conservation easement to preserve public access and provide a buffer against future development.
Vose and Lydon held off on deeding a 30,000 square foot portion of the Sawyer Marsh property to the city because they were involved in a second land swap with the Maietta’s. Because that parcel is six feet within a utility pole that the Maiettas wanted to preserve as a new property line marker, Vose and Lydon asked the city to enter into a swap with the Maietta’s for the Trout Brook property. Gailey said the developers will receive no financial gain from the swap.
On Sept. 26, the planning board made a 6-0 (Carol Thorne was absent) recommendation in favor of the swap.
“It’s a win-win all the way around,” said Gailey on Monday. “Though it’s (Maietta’s land) wet and it’s part of the Sawyer Marsh, the value is in the stream corridor.”
Tom Blake, president of the South Portland Land Trust (SPLT), was also in favor of the swap. He said the “biggest winner” in the swap is Trout Brook.
“This takes a little more off the edge,” he said. “This makes me think – can we go to the map and do this in other places?”
SPLT will hold the conservation easement to the Sawyer Street Sand Pit and will be the “third party enforcers” of the Sawyer Marsh conservation easement, which will be directly granted to Portland Trails.

Building on small lots
Monday’s meeting called for a final vote on zoning amendments that will change how the city deals with development proposals for lots less than 5,000 square feet in area.
At the core of the amendments, proposed by a nine-member land use committee, is a policy change to allow development on lots under 5,000 square feet if setback and dimension requirements are met and the applicant receives planning board approval through a site plan review process. Currently, the city’s code of ordinance prohibits the issuance of building permits for lots under 5,000 square feet, however, residents can circumvent that restriction by requesting a variance from the zoning board of appeals. The planning board review process will allow a mechanism to enforce design standards in neighborhoods where there is a pre-existing pattern. The zoning board of appeals, by contrast, does not have the authority to regulate design standards.
The council voted 6-1, with Linda Boudreau opposed. Boudreau said she valued open space in the city’s “tight neighborhoods,” as it is a benefit to residents, the environment and property values.
David McHugh, the only member of the public present for the discussion, said he also supported preserving open space and called for “reasonable balance” in the ordinance.
Councilor Maxine Beecher, who is chairman of the land use committee said the next round of zoning amendments will be aimed at strengthening the city’s environmental regulations.

Changes to bus routes
The council showed unanimous support for moving forward with implementing recommendations from a Portland Area Comprehensive Transportation Committee (PACTS) Regional Transit Coordination Study.
Representing the South Portland Bus Service, the city council is one of seven governing bodies that must endorse a joint resolution to show support for a region-wide integration of transit policies and services.
While working toward a regional transit system, South Portland Transportation and Waterfront Director Tom Meyers said the city will maintain local control over the bus service’s operations and funding.

Paying for new recycling bins
Gailey sought the council’s support for a solid waste reserve account to pay down some of the costs of the city’s five-year, $ 4.3 million contract with Pine Tree Waste.
On Oct. 17, the city council voted to privatize their solid waste collection operations.
The cost of the 65-gallon recycling bins is estimated at $93,000 a year for the five-year contract.
Gailey said the city currently has more than $52,000 in an insurance payment –the result of an accident in the spring involving an automated trash truck – that could go toward the new fund. In addition, he said year-end surpluses from the solid waste disposal account, which average between $20,000 and $40,000, could also be put into the reserve account.
Gailey said the new fund will set aside money for both recyclable and solid waste bin replacement, which have an average life span of 10 years.