The South Portland City Council is at an impasse on a proposal to spend $140,000 from the city’s land fund for a conservation easement on 9 acres of open space off Highland Avenue.

According to one group of councilors, the problem with the plan, proposed by a local developer as part of a new condominium project, is that the city would not own the land outright and under the easement there would be numerous restrictions on how the open space could be used by the public.

On the other hand, some on the council see the offer as a rare opportunity to save what’s been described as a “pristine” piece of property in the heart of a highly developed area of the city.

During its workshop on Monday, the council finally agreed to let City Manager Jim Gailey, the city attorney and others meet regarding the draft conservation easement to see whether there could be any leeway, particularly on allowing dogs and mountain bikes. Once that meeting is held, the council would hold a vote on whether to purchase the easement.

In a early January, developer Dan White, who owns H.W. Land Co. based in Maine, first approached the council about developing a nearly 12-acres of property at 590 Highland Ave.

The original proposal requested a zone change to allow for an increased number of residential units – up to 32 – in exchange for which White would deed over a large piece of undeveloped land that the city has had its eye on for many years.

However, this past winter the City Council rejected the zone change, arguing that 32 units was simply too large a development for the location.

Although the council could not agree to the zone change, city leaders expressed serious interest in preserving the 9 acres in what’s known as the Dow’s Woods area off Highland Avenue.

So this week White approached the council with a revised plan that includes 14 new, two-story condominium units, one existing home and a conservation easement.

But, by halving the number of units for the project, he said it would not be financially feasible unless the city was willing to spend $140,000 on the proposed easement.

The idea is that the new homeowners association would own the land and the South Portland Land Trust would hold the easement.

Under White’s development plan, the condos would be clustered on a nearly 3-acre portion of the property closest to Highland Avenue, while the remaining 9 acres would be permanently protected.

The proposed undeveloped portion of the property contains a woodland pond and the headwaters for Kimball Brook.

Gailey told the City Council Monday that the Dow’s Woods parcel is “No. 6 on the city’s open space list and is a very valuable piece of land that the city has looked at for preservation for several years.”

He also told councilors that the city’s land fund has a balance of $683,199, so there is plenty of money on hand to meet White’s request.

Purchasing the conservation easement has the support of the land trust, according to member David Rooker, who was speaking on behalf of the group’s president.

Rooker told the council that the Dow’s Woods acreage is “a lovely parcel of land,” access to which would be “a real boon to the community.”

He also said with the high school nearby, it’s possible the land could be used for Earth sciences and biology classes. In all, Rooker said, “the land trust would be delighted to be the holders of this easement.”

However, councilors Claude Morgan, Patti Smith and Melissa Linscott all expressed serious reservations about the city not actually owning the land and the prohibitions on various activities, including dog walking.

Barbara Dow-Nucci, the current owner of the 12-acre parcel, which also includes a single-family home, said the reason for the restriction on dogs and mountain bikes, in particular, was because of the “extreme sensitivity” of the open space.

“This is truly a forest primeval and I don’t want that to change,” she said. “My desire is for (the land) to be preserved and undisturbed so everyone can enjoy all those special (natural) moments.”

But, Morgan said, “We are a dog-loving city and if we are going to be ponying up taxpayer dollars, dogs should be allowed.”

Smith agreed, and said the uses allowed on the open space should be “more holistic.”

But councilors Tom Blake, Maxine Beecher and Brad Fox all argued passionately that the city was being presented with a unique opportunity it should not pass up.

Blake called the Dow’s Woods parcel a “really special place,” adding that the woodland pond in particular is “very unique and very sensitive” and that the whole area is just “teeming with wildlife.”

He also argued that the land trust has both the expertise and the ability to care for the property, which the city doesn’t. In addition, Blake said, it’s not that unusual for a piece of property to be conserved in this way.

Beecher called the proposal “a heck of a deal. The people of this city have asked us numerous times to preserve these open places.”

She acknowledged that the preservation proposal was an “unusual situation,” but also said the council should “move forward.”

Mayor Linda Cohen was unable to break the tie, seeing both sides of the question and saying it was difficult to decide on the best course of action.

On the one hand, she said, “I’m thankful to previous councils for Mill Creek Park, Bug Light Park and Wainwright,” but, she said, the restrictions for use on the proposed easement and the city not owning the property put the council in a “tough position.”

Local developer Dan White hopes to build 14, two-story condominiums like these on an undeveloped parcel of land at 590 Highland Ave. in South Portland.Courtesy image

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