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Town debates who benefits from conservation restrictions (complete article from source)
Source: Bourne Courier, by Paul Gately
September 24, 2007
The Bourne Conservation Commission last week offered comments on a conservation restriction policy under review and headed to selectmen, perhaps on Oct. 9.
The vetting comes as the Kenneth Legg, owner of the most highly taxed property in town, seeks a conservation restriction for part of his tract at private Tobey Island in Monument Beach.
Selectmen three weeks ago were not sure the 1977 policy was adequate for members to approve conservation restriction requests. Conservation restrictions allow landowners to give up development rights to property, while retaining ownership and receiving tax breaks.
The conservation commission wrestled with the balance of precluding development by granting restrictions and tax breaks for larger landowners against the reality of shifting the tax burden to residents who are less able to shoulder it.
The conservation panel, however, for the most part said verbiage in Bourne policy comes from the state conservation restriction act and was adequate – to a point.
Members Bruce MacDonald and Susan Weston disliked the possibility restrictions could be temporary; that property owners might secure tax breaks for limited periods then opt to develop areas the town wanted undeveloped for all time.
Commission chairman Robert Gray was cautious. “Yes, that can happen,” he said. “That’s usually up to selectmen. It’s their call. We’ve seen it before at Wings Neck and Scraggy Neck. We’ve had 25-year restrictions run out and then been renewed for another 10 years. Selectmen now say they want perpetuity.”
Weston was not convinced. “Use a restriction for 10 years and then develop the land,” she said.
The commission did not vote to rubber stamp the policy under revision by Town Administrator Thomas Guerino. Members instead instructed Conservation Agent Brendan Mullaney to relay concerns to selectmen.
Selectmen, meanwhile, were mulling a meeting at Legg’s island property to inspect the tract, but a full board gathering on private property where there would be no opportunity for public access was causing difficulties.
Granting restrictions under a new policy seemed to be equally troublesome.
James Mulvey of Buzzards Bay, speaking to selectmen last week, took issue with the way the policy governing approval of restrictions is being updated by Guerino.
“The policy is being tweaked,” Mulvey said. “Tweaked for whom? Tweaked to expedite approval of the requests? The policy is going before selectmen for approval. The public should know what was tweaked, what was in and what was revised.
“There are changes in the document,” he said. “My concern is the new document; I don’t know what was done to tweak the old one. Ocean views and sunsets as benefits for the town weren’t in it before.”
It appears policy revision is being pushed to accommodate Legg’s request. Conservation commission members approved it, but members did not have the old policy before them when they voted approval, let alone Guerino’s revision.
It also appears policy revision is being expedited so that requests can be approved and eligible for a federal tax break that dies in December.
The conservation commission three weeks ago first rejected Legg’s request. The vote to approve it failed; so the commission decided to reconsider the matter and voted a second time. This time, the request passed; but not by a full committee.
Commission member B. Paul Bushueff, a business partner of Legg, did not take part in his board’s discussion about conservation restrictions in general and Legg’s request in particular.
But Bushueff the following week went before selectmen and championed conservation restrictions and the property owners willing to forfeit development of their tracts.
He said protecting scenic shoreline vistas and habitat – without mentioning those of Legg’s — are as important as assuring public access to areas set aside from development. There would arguably be no public access to Legg’s land set aside.
Mulvey a week later was not persuaded. “Scenic views are not reason enough for granting conservation restrictions,” he said. “Then there’s the lack of public appreciation and access to areas set aside.”
Kathleen Donovan of Monument Beach, meanwhile, says she opposes routine granting of restrictions.
“Spreading the tax burden around to people who cannot afford it, especially senior citizens, so somebody can sit back on their island and enjoy the view isn’t right,” she said. “Paul Bushueff and Ken Legg campaigned for (Selectmen) Steve Mealy and Judy Conron, and now Mr. Bushueff wants them to approve his (Legg’s) property tax break.”
Selectmen say homes in natural areas never generate enough property tax revenue to cover the cost of providing municipal services to them.
Bushueff reminded them they should not even consider the federal tax breaks their approval of any request would likely engender.
Click here for complete article from Bourne Courier
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