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legislative history underlying this statute contains the
following relevant examples of uses that may satisfy the open
space requirement:
the preservation of * * * [land] as a public garden * *
* (1) the preservation of farmland pursuant to a State
program for flood prevention and control; (2) the
preservation of a unique natural land formation for the
enjoyment of the general public; (3) the preservation
of woodland along a Federal highway pursuant to a
government program to preserve the appearance of the
area so as to maintain the scenic view from the
highway; and (4) the preservation of a stretch of
undeveloped oceanfront property located between a
public highway and the ocean so as to maintain the
scenic ocean view from the highway. [S. Rept. 96-1007,
at 12 (1980), 1980-2 C.B. 599, 605.]
Generally, the examples provided in the legislative history
concern the preservation of the natural state of land.
Petitioners’ argument addresses this requirement from their
viewpoint that the limiting of the Grist Mill property
development to 30 lots rather than 62 lots enables it to have “a
distinctly open quality.” Respondent counters that even if the
deed effectively limited development to 30 lots, there were no
restrictions placed on open space within the buildable area.
Further, there could be no building on the remaining acreage
because it was designated floodplain. Accordingly, we agree with
respondent’s argument.
Petitioners do not contend, nor was it feasible, that
residential units could have been built on the floodplain portion
of the property. Therefore, a conservation easement, if any,
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