Is it right for the Town Council of New Shoreham to change the terms of a gift of land to the town, 31 years after the gift was made? This is the thrust of the public hearing on October 5, in reference to the windmill project proposed for the Transfer Station site.

John F. Gray gave two parcels of land (6.888 A) to the town on 13 June 1978 (see volume 46; pages 207 and 208, of the Block Island town records for exact wording). His gift was for the purpose of "a municipal sanitary waste disposal area...." The terms of his gift are: if it is not used as a dump, any refuse and debris shall be covered in a reasonably well-graded and level condition. Also, when the dump area is filled, it shall be planted with shrubs and grass and must be left open, in a natural state for use as a wildlife shelter and conservation area for community purposes. Pedestrian paths are permitted but there shall be no vehicular traffic or parking of cars thereon except for proper maintenance and no structures of any kind except fences and a caretaker building.

Jack Gray was certainly early in the idea of preserving our island! On 22 August 1985, seven years later, Mr. Gray gave a third parcel of land (3.182 acres) next to parcel #2 of his first gift (volume 69, pages 244 and 245). The terms of this gift were the same as the first. Mr. Gray had had seven years to think about this gift - yet his terms remained the same! Total gift 10.070 acres! He passed away almost three years later, on 21 January 1988. To my knowledge, he made no attempt to change the terms of his gifts.

Both deeds specifically state that the conditions and restrictions are accepted by the grantee, the Town of New Shoreham. When I purchased property in this area, it was this attitude of a natural state, wildlife shelter and conservation area, as stated by Jack Gray in his deed, which made me feel that my future environment was protected.

The proposed zoning change will make Jack Gray's three lots a Public Utility (PU) Zone.

Allowed there will be: (a) public works facilities, (b) utility facilities, (c) off street parking and loading, (d) all support facilities related to the maintenance and operation of the facility or utility (e) as well as a 265-foot wind turbine! Note: the above-mentioned zoning changes are taken from the Planning Board draft, approved May 19, 2009, of the New Shoreham Utility Wind Turbine Project Proposed Zoning Amendments. Items (a) through (b) are very vague, with no limits placed on size or scope. Even without a windmill, this neighborhood could be stuck with undesirable development, as well as a complete violation of Mr.Gray's wishes and restrictions for his gifted land's usage.

Numerous groups have bonded together to preserve more that 40 percent of this island. For those of you who enjoy these preserved areas, please realize that this kind of "spot zoning" sets a precedent that can put all of these, now public, areas in great danger. For those of you who may be thinking of donating land or are working toward the preservation and conservation of an area for a specific use - think hard - your dreams are in danger! And for those of you who want wind power and can't wait for offshore wind farms (yes, I think that they are coming, the North Sea has them already) think about donating your own land and home. And then, when we do get the offshore wind farms, you will have a museum piece in your own yard!

For me, I think that the Town Council is not only honor-bound to uphold the terms of Mr. Gray's gift, it is their legal obligation and responsibility to do so.