Milton council initiates Old Bullpen Road abandonment as discussion advances Birmingham Park conservation easement

Sarah Leaders, the City of Milton public works director, led a council discussion on a proposed conservation easement for Birmingham Park and the related abandonment of a portion of Old Bullpen Road. Council voted to begin the legal abandonment process for the right of way that runs through the park.

The council heard that staff and the land trust are developing language for a conservations easement that would place roughly 185 acres of Birmingham Park under perpetual protection while leaving about 22 acres out of the easement for existing facilities and potential future uses. "This is going to be a discussion of the proposed conservation easement for Birmingham Park," Leaders said, explaining the draft terms and the "allowed rights" staff recommends for park management, trails and limited improvements.

That allowed-rights list includes outdoor recreation, educational uses, park management activities (including ecological improvements and agriculture), and maintenance of existing roads, access drives and utilities. Staff described two improvement buckets: small structures under 250 square feet (kiosks, benches, picnic tables) and larger improvements such as expanded parking, restrooms with utilities, pavilions or equestrian amenities including open-air shade structures and riding areas. Leaders also described options for trail materials and asked the council whether to limit new trails to gravel or other natural surfaces.

Council members questioned how the easement language should balance long-term conservation with future operational needs. Council member Phil Cranmer said the 10-acre area left out of the easement was described earlier as a potential site for future city facility needs rather than park programming. Several council members favored keeping the majority of the park in a conservation easement and limiting impervious surfaces in the reserve area. One council member said: "I would strongly try to limit impervious services to, like, an acre or less," citing concerns that parking, pools or dog parks would erode the park’s natural character.

Public comment touched on preservation expectations. Julie Zauner Bailey, a Milton resident, praised the work to protect the park and urged the council to "put the majority of the 200 plus acres into the easement," asking that any carve-outs be kept to a minimum to avoid inappropriate uses at key entrances. Earlier in public comment, other speakers had urged clarity about trail types, arena size and the treatment of adjacent properties.

On the legal steps, Leaders told the council that state law permits municipalities to abandon road segments that no longer serve a substantial public purpose. Staff recommended ending the Old Bullpen Road right of way where the conservation easement would begin to simplify the easement boundary and remove an unneeded road right of way that currently functions largely as a trail.

The council approved a resolution to initiate the abandonment process for the portion of Old Bullpen Road within Birmingham Park (agenda item 25-272). Council member Phil Cranmer moved the resolution; Council member Andrea Virhoff seconded. The council voted to proceed; staff said the city will notify the affected adjacent property owner and return with a final abandonment resolution at a later meeting, then record deeds and finalize the conservation easement language with the land trust.

Next steps identified by staff include completing the right-of-way abandonment procedure, finalizing the conservation easement terms with the land trust, and returning to the council with a final easement agreement for approval. Staff also said it would seek additional committee input (trails and equestrian committees) when drafting specific limitations on trail materials, trail widths and permitted large improvements.

The council’s action begins the legal process needed to align the park boundary with the proposed easement but does not itself adopt the conservation easement; that final agreement requires a later council decision and recorded deed changes.