Warrant Article 34:

To see if the town will vote to grant a conservation easement on Town-owned property known as Map 401-Lot 1-1, further described as the Deerfield Road Town Forest, in accordance with the terms of the Purchase and Sales Agreement signed by the Candia Board of Selectmen and Mary Girard on July 11, 2005. (By request of the Conservation Commission.)

As stated above, this is a condition of the Purchase and Sales Agreement and is basically a legal technicality.

A “YES” vote protects the property forever.

Why are you asking voters to approve something required by the Purchase and Sales Agreement?

This is the first time the town has made this type of transaction and we are working through the logistical kinks. Unfortunately we did not include a vote to approve granting an easement when we asked the voters to place the property under the management of the CCC in 2006, so we must do so now.

Will a CE change what I can do on this land?

No. You can continue to enjoy passive recreational activities like hiking, hunting, snowshoeing, etc. with family and friends - forever.

Why will a land trust hold this easement – why doesn’t the CCC monitor it?

We cannot hold an easement on property we own. The easement must be held by a non-profit organization, which is in the business of holding/monitoring CEs. This is the most effective, permanent way we have of assuring this land remains in its natural state forever.

Isn’t a deed restriction just as good?

Deed restrictions are often ignored and can be broken.

What is the town giving away by granting this easement?

Nothing. The land can never be developed. The land trust has the responsibility to assure the terms of the CE are upheld. It is a misconception that placing a conservation easement on land grants property rights to the easement holder. The development rights of the property are extinguished — not transferred, by a conservation easement. The only right the land trust will have as the easement holder is the right to access the property for annual monitoring.

Why grant CE on this land?

This property is located midway along an important corridor between Bear Brook and Pawtuckaway State Parks. It contains many natural resources that are critical to our clean water and wildlife habitat.

What does a “NO” vote mean?

The property remains under the supervision of the CCC, which will be obligated by the Purchase and Sales Agreement to try again next year.