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24 Main Street, Hopkinton, MA 01748 508.435.5534 08/16/2006 05:15:40 AM Editor@HopNews.com

Ron Nation says Town killed Whitehall deal

Plans to build 40B project (100 units) • "It's the only thing I can do" ~ Ron Nation

August 15, 2006 — In May, Hopkinton Town Meeting agreed to purchase 21 acres of Woodville land owned by Ron Nation for $2.75 million, with promises by its principal proponent, John Coolidge, Chairman of the Open Space Preservation Commission (OSPC), that the he had a signed Purchase and Sale in his possession, in fact, a document that was dated only the day before the Article came up for review. He could not share it with his fellow residents that evening, he said with a smile, because of a printer problem. Mr. Coolidge did not answer a request from HopNews for a copy of the P&S, but then Town Counsel Larry Faiman did provide one upon request.

In that P&S, a rider stated that, at the option of the Buyer (The Town), the Buyer had to receive assurances of all of the funding, including $800,000 from third party sources by May 20, just 16 days after the money was voted at Town Meeting. The Town did not take advantage of that escape clause, even thought the funding was not, and has yet to become, available. OSPC member Jeff Doherty has recently blamed publicity for scaring away contributors. (Top file photo: Concept designs of condo units modeled after existing Woodville homes. Plan not approved.).

But now, an appraisal paid for by the Town has come in at $2,050,000, a full $700,000 less than the agreement reached on May 3, 2006.

At the heart of the issue is the interpretation of Mass General Law, Chapter 44, Section 5(f) that states in part, "...for purposes of this chapter, no such real property, or interest therein, shall be acquired by any city or town for a price exceeding the value of the property as determined by such city or town through procedures customarily accepted by the appraising profession as valid.

According to that statute, the Town is not legally allowed to purchase land for more than it is appraised.

"I got a letter saying they were offering $2,050,000, and 'take it or leave it'. So I'll leave it," Mr. Nation said in an interview this evening. "See you later. I'm going to build," he said.

"How are we ever going to do the Weston Nurseries deal?" he asked. Weston Nurseries land is under the protection of a Bankruptcy Court offering 615 to 966 acres for sale. The Town is engaged in various efforts to try to have a say in the future of the property, which is under Chapter 61A, giving the Town the right of first refusal..

"Anyone with a piece of land they want to sell to the Town; who are they going to call? Look at how they handled this," he said, referring to the failed Whitehall deal. (Middle File Photo: Graphic presented at a previous meeting to illustrate that the existing uses of land in the Woodville area are more dense than his proposal.).

"It's puzzling. I don't know if I can figure it out.

"Did the Selectmen take the job from the CPC (Community Preservation Commission)? They have appraisals but I haven't seen them.

"If I had minutes from the OSPC— and not from their secret meetings — they must talk about appraisals. We don't know what they're based on," he said. Mr. Nation said that the appraisal the Town had asked him to provide, which was the reason for the extension to August 18, came in at $2,685,000, based on the approval of a 9-lot subdivision and comparable values in town.

As a result of this latest rejection, and in light of the refusal of one project by the Planning Board, and the scaling down of the most recent submission by the Planning Board, Mr. Nation said he will be building a 40B project, one that requires only a comprehensive Permit from the Board of Appeals, and requires only compliance with State laws, which in many cases, are more lenient than Town laws. This rule kicks in when the town has less than 10% of its housing stock as so-called affordable.

"It's the only viable alternative," said Mr. Nation. "If I have to go through the long struggle, I might as well do it."

Mr. Nation purchased the land from Bob Shepard for $1.8 million and has spent, by some estimates, up to $500,000 for attorneys, engineers and other experts.

"I own the thing free and clear. It just costs me taxes," he said. Mr. Nation, a builder in Hopkinton for decades, has built a reputation for finishing his projects because he buys his land outright, therefore weathering the inevitable lows in the home market that send other builders to bankruptcy court. (Above, Mr. Nation seated and his Attorney, Brian Levey speaking to the Planning Board).

Mr. Nation said that he could put 100 units on that land, although the 40 B guidelines may allow many more. 40 B projects are allowed in towns with less than 10% of the housing judged as so-called affordable.

"Affordable housing is needed in this town," said Mr. Nation. "That's why it's a State Law," he said.

Asked when he planned to begin, Mr. Nation said, "Shortly. Friday, I'm gone," he said referring to the deadline for the extension.

Ironically, Mr. Coolidge has often claimed that he has an appraisal in hand for the land for over $4 million — but only if it has approval for a 40 B.