Groton Open Space Association

Planning Commission Defers Action On GOSA’s Merritt Policy

GROTON — The Planning Commission again has deferred action on a suggestion by the Office of Planning and Development Services that GOSA be forced to put a multi-use trail through The Merritt Family Forest and that the state be urged to consult closely with the OPDS before making grants to Groton conservation organizations.

The matter was put off at the Oct. 13, 2009, meeting until the next session, on Oct. 27, 2009.

The reason for the deferral is that the Conservation Commission hasn’t come up with a recommendation. The Planning Commission on July 28, 2009 had referred issue to the conservation unit for an opinion.

The Conservation Commission considered the question at its meeting Oct. 5, 2009 — after two scheduled meetings had been canceled for lack of a quorum — but did not issue an immediate formal recommendation.

GOSA has developed a system of footpaths through the 75-acre Merritt property and is limiting use to hikers and joggers, while excluding horses, bikes and dogs. The policy has drawn fire from Brian Kent, who designed the town’s trails plan, and his wife, Deborah Finco-Kent. Ms. Finco-Kent runs a stable and equine rescue service on land that adjoins the Merritt property. The OPDS contends that GOSA’s policy fails to “comply” with Mr. Kent’s trails plan.

The OPDS has invited the Planning Commission to write a letter to the state Department of Environmental Protection urging close consultation between the state and local planning authorities on Groton grants. Conservationists fear that the OPDS effectively is seeking veto power. The OPDS also suggested in a June 9, 2009, memo that the state should require GOSA to comply with the trails plan.

GOSA has responded both by explaining the environmental, safety and liability-based reasons for its policy and by noting that GOSA is in compliance with the conservation easement it gave the state as part of its DEP grant agreement.

On Aug. 25, 2009, the Town Council decided, after considering the Merritt controversy since March 3, 2009, to take no action.

At the Oct. 5, 2009, Conservation Commission meeting, Chairman Brae Rafferty said he believes that GOSA, as owner of the land, is best qualified to determine the use of the land. He said the purpose of state grants such as the one GOSA used to help purchase the property was to preserve open space from development by putting the land in private hands responsible for maintaining it.