SCARBOROUGH – A “divide the beach” plan, which would simultaneously protect piping plovers and allow dogs maximum off-leash time on the town’s beaches, has gotten an initial nod of approval from the Scarborough Town Council.

Meeting in a workshop session last week, the council expressed support for a compromise created by Councilor Bill Donovan, who has been working with the town’s ad hoc Animal Control Committee to come up with a solution that would please both dog owners and federal and local wildlife officials.

“I think this has great potential,” Donovan said of his plan, which he pitched at the March 5 workshop held just before the regular council meeting.

“We need to do something that’s appropriate and responsive, but that also allows as much off-leash time as possible,” he added. “(This plan) would reduce the town’s liability and still maximize times dogs could be off leash.”

In essence, Donovan’s plan would provide sections of each town beach that could remain areas where dogs are allowed off leash even during the piping plover season, which generally runs from April 1 to mid-September.

These new rules, he added, are based “upon scientific principles of plover protection and balanced against the public’s legitimate interests in beach access.”

For Higgins Beach the proposal is to restrict dogs from Champion Street north to the Spurwink River from April 1 to the day after Labor Day in September, while the rest of the beach would be open to dogs off leash, under new rules proposed by Donovan unless piping plover chicks were to wander past Champion Street.

Western Beach, which is under a beach management plan between the U.S. Fish & Wildlife Service and the Prouts Neck Country Club, would remain closed to dogs between April 1 and Oct. 1, as it is now.

However, the portions of Ferry Beach closest to the parking area and the boat launch would still be open to dogs off leash, even during the peak plover season in June and July, because Donovan said the birds were unlikely to be attracted to that congested area.

For Pine Point, the protected area would include all of the beach north of Hurd Park, while the remainder of the beach would be available to dogs off leash. In addition, on Pine Point people could still walk their dogs in the protected areas, as long as they are on a leash.

For all non-protected sections of each beach, the new times for allowing dogs off leash would be as follows:

• April 1 to May 14

6-11 a.m. – dogs allowed off leash

11 a.m.-2 p.m. – dogs must be on leash

2 p.m.-dusk – dogs allowed off leash

• May 15 to day after Labor Day

6-9 a.m. – dogs allowed off Leash

9 a.m.-5 p.m. – no dogs on any section of any town beach

5 p.m.-dusk – dogs allowed off leash

In addition, Donovan suggested that the town’s animal control ordinance also be updated to allow leashes of 12 feet in length, since no local pet store sells an 8-foot leash to meet the leash length requirement now in place.

He said if chicks were to wander past the protected areas on each beach, the beaches could be temporarily closed to dogs until the chicks were located or it was clear that they had flown off under their own power.

Councilor Ed Blaise called Donovan’s plan “a good proposal” but also said it would require “a lot of adjustment” for dog owners and local authorities, at least through the first season.

“It would be absolutely wonderful if we could protect piping plovers and provide off leash times for our dogs,” he added. “We should seriously consider this.”

Councilor Jim Benedict also said he was pleased with the plan. “I think it’s explicit enough and should satisfy those who want off-leash time. This is a reasonable and fair compromise.”

Vice Chairwoman Jessica Holbrook then said she felt the new plan was “miles from where we were and much closer to resolving all the issues. I don’t love it, but I can live with it.”

Councilor Jean-Marie Caterina agreed and said, “from Day 1, I wanted to protect the town and we are at least making a bona fide effort to protect the piping plovers, while still allowing dogs on the beach.”

Chairman Dick Sullivan ended the workshop by saying, “We’ve progressed greatly, and we’ve tried to get the best we can for everybody.”

Town Manager Tom Hall said he would get to work drafting new sections for the animal control ordinance, but said it would likely not be ready for council review until the first meeting in April.

Other issues discussed at the workshop included adding a requirement that dog owners not only have voice control but have their dogs in sight, when they’re off leash.