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Selectmen Meeting Selectmen Vote Unanimously to Waive 61A Rights Weston Nurseries, Boulder Capital can now move forward with p&s
by Robert Falcione June 19, 2007 — The words of Mike Shepard, "I move that we waive our 61a rights to purchase the Weston Nurseries property," led to a 4-0 vote, and ended the shortest public session of the Board of Selectmen in recent memory, as well as a twenty-day campaign by abutters and their supporters aimed at rallying the town to purchase the 705 acre Weston Nurseries property. Many of those supporters of a buy-all scenario had previously supported a partnership with the Trust for Public Land, which had been expected to partner with the town in a purchase that could have cost the town as little as $3.2 million in borrowing for about 420 acres, and a plan that had proposed about 2/3 the amount of units as currently proposed.
However, when three members of the Community Preservation
Committee voted in a 3-3 tie to use CPA It was the next week that TPL withdrew, with its representative, Badge Blackett, agreeing that it was the CPC refusal to pony up the $2 million that was the final straw in a process that showed the majority of the boards being unsupportive. The evening before the withdrawal, Weston Nurseries abutter Christopher Barry (File photo) of Clinton Street said at the Selectmen's meeting that he would lead an effort for the town to purchase the property in its entirety, something that had little support until the next day, when TPL fortuitously pulled out. However, the clock was still ticking with Special Town Meeting on June 11, giving Mr. Barry and his supporters only ten days to devise and execute a strategy. It was the lack of a definitive plan, said many voters at Monday's election, that caused them to vote against the town gaining the property. The Special Town Meeting vote fell three votes short of the necessary 2/3 super-majority, but enough to motivate the buy-all faction to expect the possibility of a simple 50% majority win at the ballot on June 18. At a the Public Hearing on June 14, attorneys for the town presented scenarios that encouraged the group of supporters in attendance that if they won at the ballot, another Special Town Meeting could be called, giving the proponents another bite at the apple.
However, that Election drew a large turnout Monday, who voted
against the purchase of the land, by The law that triggered the town's right of first refusal to purchase the land, Chapter 61a, has afforded Weston Nurseries tax breaks for several years. However, because the use has changed and the town did not exercise its rights, the seller must now pay to the town, five years of rollback taxes — the difference between the regular tax rate and the agricultural tax break — of about $400,000, according to some estimates. Abutter Jane Moran (Photo) was the first to answer Selectmen Chair Muriel Kramer's invitation to take the microphone this evening. She said that the voters were asked to make a decision without enough information, and asked the Selectmen if an ad hoc committee could be formed to study the expected change in zoning from agricultural to residential and commercial zoning, but got no support from the board. "This will be before ZAC (Zoning Advisory Committee) and the Planning Board," said Mrs. Kramer. "Why would Roy [MacDowell, Boulder President] be allowed to go before the Planning Board without the public [doing so also]," said Mrs. Moran. "It sounds like everyone is gearing up," said Mrs. Kramer, "but guess what? "The baby has arrived and now we have to bring it up," she said. "I ask you," said Selectman Mike Shepard, "particularly the abutters, is to stay involved....Geri posts the all meetings.... Stay involved in the process." "I was elected to the Board of Selectmen 29 days ago," said Selectman Brian Herr, "and it has been quite a ride so far. I have enjoyed almost every minute of it. "As we come to a decision this evening, the most important thing to realize, this issue, as big as it was, involved as many people in Hopkinton as I've seen in my eight years here. And for that, we should all be thankful the town did get out and vote," Mr. Herr said. Vice-Chair Mary Pratt said, "As Mike said about Boulder Capital, Roy as been a gentleman all the way through this. You may not like the project, but he has hired some of the best companies I have ever seen around here...he's got a great crew." Mrs. Pratt also had praise for Town Counsel Richard DeAngelis and Special Counsel, John Dennis for keeping the town's rights alive in a Chapter 61a. The Selectmen then planned to continue the meeting and reconvene at 8:30 pm to go into executive session at Town Hall. |
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funds in a strategically made positive motion, it had the
equivalent effect of a vote against. CPC member Henry Kunicki
said at that time that because it was a positive motion that he
made, that only he, according Robert's Rules he said,
could rewrite the motion.
nearly 2-1, leading to the Selectmen this evening to exercise
their ultimate authority, as well as the will of the
overwhelming majority of Monday's voters, and vote unanimously
to waive the town's rights to purchase the property, rights that
were triggered when the town was notified by Weston Nurseries
nearly 120 days ago that they received a bona fide offer from
Boulder Capital. Boulder and Weston hold a Bankruptcy
Court-approved Purchase and Sale for about $23.7 million.