Referencing the 30+ acres on Interlaken Crossroad that came on the market last year, PB Chair Kate Fletcher opened a discussion on Chapter 61 land in Stockbridge.
Fletcher suggested hiring David Cameron, a former employee of the Department of Environmental Protection and current environmental consultant at Fleetwood Environmental Solutions LLC. Cameron would put together a one-page report on each of the Chapter 61 properties stating the positive and negative attributes. He named a few examples. There are 107 parcels in Chapter 61 in Stockbridge. Cameron will select one and submit a sample report.
A motion was made to design an assessment process for Chapter 61 lands. It passed unanimously
Editor’s note: 1. Chapter 61 land is conserved in one of three categories: as forest, agricultural, or recreational land. Owners conserve the land by choice and in exchange are granted a property tax exemption. Unlike a conventional Conservation Restriction (CR) which is permanent, Chapter 61 lands can be removed from conservancy.
The Interlaken Crossroads land was removed from Chapter 61 in order to sell it. If the landowner removes it, the back taxes must be paid, and the Town must be granted a Right of First Refusal. The Town and the owner know from the time it is placed in Chapter 61 that there is such a right. Stockbridge has never exercised that right, and they did not exercise it last year. The property was sold to a private person. The nature of the complaints and “push back” last year was unrelated to any of the criteria discussed by Cameron. It was related to fears of large-scale development which in turn would change the character of the neighborhood. At Town Meeting, Fletcher, either in the role of Board member of the Laurel Hill Association or in her role as Chair of PB spoke very persuasively against exercising the Right of First Refusal. Alarmed, abutters and other residents raised $80,000 to give to the Town for the purchase if the Town would exercise its Right of First Refusal. The group also secured a nod from the Community Preservation Fund of $100,000 dependent upon the Town exercising its right with to purchase the land. The group fought and won a fight to convince the SB, who wished to relinquish the right before Town Meeting, to bring it to Town Meeting and let the people decide but the article was defeated at Town Meeting by a wide margin. 2. Would it make sense to consider the legal risk to the Town if it formally evaluates private property especially if it is done when the Town holds the mandatory right of first refusal?
