Cemetery land transfer raises concerns

PARIS — If the town of Paris wants to transfer property from the Cornwall Nature Preserve to the Hillside Cemetery Association, it needs to get several parties on board, Town Manager Phil Tarr told the Paris Board of Selectman on Monday.

"Deeds such as these can be reformatted," Tarr said.

HCA approached the town earlier this year about acquiring 1.13 acres of the 147-acre preserve. HCA President William Burmeister said that the association has run out of lots to sell, and needs the land in order to establish a permanent maintenance fund.

The preserve was given to the town by Alice Cornwall, who expressed a desire that it must be maintained as a preserve, and could not be subdivided.

Cornwall is buried in the cemetery, and her children have said that they believe she would support the land transfer.

After talking with Town Attorney Rob Crawford, Tarr said that, in order to proceed, the town needs agreement from Cornwall's heirs, the property abutters, and Maine's Attorney General.

Tarr said that one consideration is whether the land should be considered to be under an easement, or a covenant. A covenant would give the town more leeway in transferring the land.

Several members of the public spoke against a transfer, while Board Chair Bob Kirchherr stressed that the board has not yet decided on a course of action.

"I understand your concerns, and I share some of them," said Kirchherr.

One concern that Kirchherr expressed was whether costs and legal services would be borne by the town alone.

"It seems to me that the cemetery association is going to benefit from it, and it shouldn't be at the expense of the taxpayers," said Kirchherr.

Franca Ainsworth, chair, Paris Conservation Commission, said that she owns a lot in the cemetery, but that she didn't support the transfer.

"I don't agree with taking apart the preserve," she said. " ... A will is a will. As much as lawyers like to play around with such things, the wishes of the person who died should be respected."

Resident Janet Jamison said that the deal would set a bad precedent that could threaten the long-term integrity of the preserve.

"Once you start selling off the public lands, where does it end?," she said. "... There's plenty of burial land in Paris."

Selectman Ted Kurtz suggested that preserving the cemetery, which contains the graves of prominent local figures, including the family of former Vice President Hannibal Hamlin, is a public concern.

"If this cemetery falls into disrepute, either the town takes it over, or it goes to rack and ruin," he said.

The board decided to gather more information, and revisit the issue at a future meeting.