10/15 Selectmen's Meeting & Chapter 61

In the course of reading the DOR Report, reference was
made to establishing 'proceedures' for certain recurring
tasks.



Those tasks don't seem important, but the lack of
written 'proceedures' does seem to continually hamper
the smooth transmission of information and decision-
making process.



One of those recurring tasks has been addressed at
each of the Selectmen's Meetings for the last two weeks
and that is Chapter Land. Allow me to offer a simplified
explanation without too much legal complexity.


For those unfamiliar with the designation, land is placed
under Chapter 61 'protection' for a number of reasons.


The intent of Chapter 61 is to encourage the preservation
of land being used for certain purposes, including agricultural and
forestry, by reducing the real estate taxes that were assessed
on that land.

The details of Chapter 61 are available on the state web site:
http://www.mass.gov/legis/laws/mgl/gl-61-toc.htm

Large parcels of land in Middleboro have been preserved because
of Chapter 61. In essence, Chapter 61 has create the 'Rural
Character' some moved to Middleboro to enjoy.

It is interesting to note that when consideration is given to the
tax 'impact,' Chapter 61 land, in spite of its reduced tax payments,
actually provides a high return for the services rendered.

When one considers that a field of corn or an acre of trees doesn't
send a child to school or use the library, it is easy to understand
the tax equation. The greatest impact on your tax dollar is
from the education cost of residential construction.

Several interesting studies have been done that should be posted
on the Town's Web Site.

When land is removed from Chapter 61, the Assessors notify the
Board of Selectmen who have 120 days to act.

The Town has the right of first refusal to purchase the property.

The Board of Selectmen SHOULD HAVE an automatic policy
in place that notifies the: Town Planner, Conservation Commission,
Water Department, Historical Commission, School Department,
among others, immediately, for review of the potential of the
importance of the parcel.

That the Board of Selectmen do not have a written proceedure in
place caused a flurry of activity over the sale and development of
a parcel that has the potential as a well site in South Middleboro.

Until test wells are drilled, no one can make that determination
on that particular parcel.

At the 10/15 Selectmen's Meeting, the Board was confronted with
another parcel being withdrawn from Chapter 61 and, because no
written proceedure exists, the Board again was unable to make
an informed decision.

While the parcel under consideration was only ~10 acres, the Board
seemed content to accept Selectman Perkins' decision that the
parcel was of no interest to the Town.

With no written proccedure in place to solicit the opinions of other
departments, can we be assured of arriving at a well-considered
decision?

Doesn't it make sense to have a written proceedure that says:

If A then B ?

Allowing just one member of the Board to evaluate the potential
abdicates the Board's responsibility to the Town as a whole and
risks the sale of a parcel that might be of merit to another department.

That the Board allows one member to formulate a decision
is just poor policy.

This matter was initially discussed 2 months earlier. Did someone forget about it?

Enterprise article regarding 8/07/07 BOS Meeting:

In other action Monday night, selectmen are considering purchasing two parcels of land off Spruce Street for a well site. The first parcel, with a cost of $2 million, includes 44.87 acres and is owned by David L. and Joanne B. Gates. The second parcel, at a cost of $700,000, includes 90 acres and is owned by Walter Burr. If not purchased by the town, the land would be converted to residential use.
http://enterprise.southofboston.com/articles/2007/08/07/news/news/news11.txt