Deal Opens Up New Public Trails in Private Wooded Lands

The town has reached a settlement that will open up several private wooded properties in the oldest part of Brookline to the public for the first time.

Under the agreement with the Conservation Land Trust, the town will grant a conservation restrictions for three properties that would make them exempt from property taxes, while the trust will create and maintain public paths through the three lots, which are all located in the Town Green neighborhood. The deal was signed by selectmen last night and now goes back to the state for final approval.

The agreement ends a four-year dispute between two groups with essentially the same mission. The trust was founded by Brookline residents in 1977 to preserve open space on several key undeveloped properties, but in 2006 the town rejected the trust's annual tax abatement request for the three lots, saying that the properties were not serving the public good because they were fenced off and marked with no-trespassing signs.

The trust appealed to the state Appellate Tax Board, but the board ruled in favor of the town in 2008. The tax board decision was then appealed to the state appeals court, but the town chose to settle instead of fight the trust in court again.

"We're actually very excited about resolving this and getting everything behind us," said Joseph Geller, a representative for the trust. "This is the start hopefully of something new with the Conservation Land Trust."

Under the settlement, the Trust must not only build and maintain walking paths through the properties, but mark them with signage indicated that they are open to the public. Tom Brady, the town's conservation administrator, said similar private properties are open to the public elsewhere in Brookline, but none are marked with signs and few people know about them.

The agreement is based on a conservation restriction policy adopted by the town in 2008 that establishes criteria, such as public access, that properties must meet in order to qualify for property tax exemption.

"It's a great outcome, building on the work that was done in 2008," said Randolph MeikelJohn, chair of the Conservation Commission.

The three properties are all located in and near the Town Green historic district, which is situated east of the Brookline Reservoir and south of Route 9. The neighborhood is home to Brookline's first town hall, church and graveyard.

One of the three properties is located on Walnut Street across from First Parish In Brookline and bordered by a stone wall and historic gate. Another is located nearby on Cottage Street and the third borders Sargent Pond.

Brady said the new trails could be in place by the end of the year, pending approval from the state.