WATERVILLE -- The Planning Board on Monday sided with the Kennebec Water District -- and against neighbors -- on a controversial zoning issue off Upper Main Street.

Stone Ridge Drive residents and others in the area are asking the city to rezone 3.75 acres of Water District land from Residential-A to resource protection, but the board voted 4-3 to recommend councilors vote to keep the current zone.

The Water District plans to sell 170 acres of property, most of which is in Fairfield, but which also includes the 3.75 acres at issue. Developers are interested in buying the land to build homes there. The property is on the market for $675,000.

Residents, including Richard Elias and Keith Curtis, said they fear a housing development would devalue their properties. They also say the 3.75 acres contains a reservoir, wetlands, beavers, deer, and other wildlife that should be protected. Neighbors asked the Water District to sell them the 3.75 acres, but the district refused.

Jeffrey LaCasse, general manager of the Water District, said his board members do not want the land rezoned and believe it is not developable anyway because of the reservoir and wildlife there. They also oppose selling part of the property for liability reasons -- and the 3.75 acres also is perhaps the most valuable part of the land and serves as a selling point, according to LaCasse.

The district decided to sell the land because it no longer needs the open reservoir there; the Safe Drinking Water Act passed in the 1980s mandated open reservoirs no longer be used. The district now uses covered storage tanks.

While some Planning Board members sympathized with residents who want the rezoning, they said they could not go along with them in this case because the landowner does not want to rezone the property.

"I'm not in favor of granting a zone change based on some supposed scenario when the landowner is against that," Planner Marc Chadbourne said.

Planner David Geller agreed.

"I wouldn't want someone asking the city to rezone my property when I'm against it," he said. "That's my issue."

Mayor Paul R. LePage supports the rezoning and asked councilors to consider making the change. Councilors voted recently to refer the issue to the Planning Board for a recommendation. The council makes the final decision.

Councilors Charles "Fred" Stubbert, D-Ward 1, and Dana W. Sennett, D-Ward 4, stood to support residents Monday. Stubbert said he believes it's the city's duty to protect property owners.

"Most of the councilors I've talked to are very concerned that the neighbors be protected," Stubbert said. "With the situation the way it is now, multi-family housing could be built in there."

Planner Allan Rancourt said landowners can do what they want with their property and Residential-A is top-of-the-line acreage. Multi-family housing likely would not be built in that zone, he said.

Geller suggested LaCasse and neighbors discuss the matter further, and possibly the district would allow Elias to buy the portion of the 3.75 acres that does not include the reservoir. LaCasse said he would take the issue back to his board, but reiterated that the board has decided not to sell the land piecemeal.

Geller made a motion to recommend that councilors vote to keep the land Residential-A and Planner Anne Palmer seconded his motion. Geller, Palmer, Rancourt and Chadbourne voted to recommend councilors maintain the current zone; Chairman Patricia Gorman and planners Paul Mitchell and Clifford Manchester voted against the recommendation.

Amy Calder -- 861-9247

acalder@centralmaine.com