State to pay for open space
Source: South Shore Express, by Justin Graeber
September 19, 2007
$250,000 to keep land undeveloped
A mistake at the registry of deeds might turn into an unexpected cash flow for Hanson.
One of the articles on the October 2 Special Town Meeting warrant deals with a parcel of land off Elm St. known as the Smith/Na-wazelski Conservation Area, named after two former Hanson Conservation Co-mmission members.
At a Town Meeting in 1987, there was a unanimous vote taken to buy the 100-acre property, formerly owned by cranberry grower Ellen Stillman. The measure also passed at the ballot box by a vote of 740 to 485.
The proposal brought about a lot of debate in town, as Town Meeting was packed.
"You never saw so many people," said Betty Dalhberg, who supported the original proposal.
The motion made on the floor at Town Meeting was to have the land preserved for conservation and water supply protection, said Bruce Young, who was on the Board of Selectmen at the time and made the original motion.
How the issue came about, explained Young, was that Stillman received an offer from a local developer to buy the property. Because the land was under an agricultural exemption (giving the landowner a tax break over the years), as a condition of the sale the town had a "right of first refusal" on the property, meaning the town had a right to match the offer.
"It was the last and best chance for the town to pick up some open space," said Young. The property is across the street from a larger preserve known as the Great Cedar Swamp, controlled by Fish and Wildlife.
Young helped put together a proposal, and the town did buy the 111 acre property for 1.3 million dollars.
After some legal issues, the deed was finally recorded at the Plymouth County Registry of Deeds -- or so Young thought.
"Everyone assumed it was filed under conservation, that's the way the article read," said Young.
However, recently it was discovered that instead of saying "conservation use and water supply protection," the deed was changed to read "municipal use and water supply protection." The land was tested and found unusable for water use.
This mistake, however, may have turned into a positive thing for the town. A few months ago, Young said, the state's Department of Fisheries and Wildlife was researching the land, and called the town to ask if they would consider placing a conservation restriction on the land -- something most people in town assumed was already done. The state is willing to pay Hanson the sum of $250,000 to protect the land from development. If the Town Meeting voters accept article 34 on Oct. 2, the town will receive a quarter of a million dollars to protect land that was already used as open space.
"It's a win-win situation for the town," Young said. "It's finally going to go in conservation 10 or 12 years after the fact."
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