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Solicitor outlines options for Town Landing amid conservation-easement constraints
Summary
The solicitor reported three paths under discussion with DEM lawyers to address use and access at Town Landing: returning bond-funded money and removing the easement; swapping the easement to a site of equal recreational value; or seeking DEM approval to impose reasonable use limits to protect the resource. Bond-covenant constraints and erosion concerns complicate options.
The town solicitor updated the council on ongoing work with DEM counsel about the Town Landing property, which is subject to a conservation easement connected to funds from the 2018 "green economy and clean water" bond. He said three primary options are under review: a giveback of the funds in exchange for removal of the easement; shifting the easement to another town property of equal recreational value; or, with DEM approval, imposing reasonable limits on use when necessary for maintenance or preservation.
The solicitor cautioned that the bond covenants that originally underwrote the project may limit the town’s flexibility. "I'm researching... whether a giveback of the funds in exchange for the conservation easement being removed will violate the bond covenants," he said. He also flagged erosion and overuse after storm events as a material concern that could justify reasonable limits under applicable DEM regulation (mentioned in the hearing as a DEM regulation numbered 250 R I C R dash 110-007).
Councilors and residents emphasized the site’s environmental sensitivity, public-access heritage and the need to balance community use with preservation. The solicitor said DEM has at times allowed easement transfers to similar-value properties but that finding an equivalent recreational parcel could be difficult.
The solicitor said he expects more clarity in a few months and suggested revisiting the topic in January. No formal vote was taken; the matter remains under legal review and will return for further council consideration once counsel completes research.
