2014-06-STM-AC-rpt - Laserfiche WebLink

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APPROPRIATION COMMITTEE REPORT TO THE JUNE 2014 STM The Committee believes that the rezoning would very likely have a positive financial impact, and that the risks do not outweigh the significant benefits to the Town. The Committee has chosen to take no position until after the formal positions of the Planning Board and the Board of Selectmen are known. The Committee has not taken a position on this request as of publication. Article 3: Land Acquisition — Off Funds Funding Committee Concord Avenue Requested Source Recommendation $220,000 CPA Approve (7-0) The purpose of this article is to enable the Town to obtain clear title to a 12-acre parcel of land located immediately behind the 5.4 acre parcel on Concord Avenue proposed to be rezoned under Article 2. The 12-acre parcel consists mostly of wetlands and has no frontage. As a consequence, it does not have the market value of a developable parcel. It is anticipated that the Board of Selectmen will go forward with this article only if the rezoning request- ed under Article 2 passes. This parcel was acquired by the Town in the 1930's by a process that is presently unclear, and it was transferred to the Conservation Commission to be held as conservation land by the Town in the 1970's. Although the Town claims to own this parcel of land, the current owner of the land located at 430 Con- cord Avenue has asserted a competing claim of ownership. Town Counsel has advised us that the most feasible, and possibly the only,way to establish a clear title in this case is for the Town to take the proper- ty by eminent domain. This could be conducted in a friendly proceeding if the Town and the owner of the land are agreeable on the amount of compensation. Approving this article would provide the necessary authorization for the taking, as well as the funds for both the compensation to the owner and the associated legal costs. Once acquired, the land would be placed under the control of the Conservation Commission. The Town has obtained two independent appraisals of the property at $78,000 and $180,000. The request would cover up to $180,000 in compensation, plus up to $40,000 in legal expenses. The appropriation would not cover any legal expenses in the event that the adequacy of the compensation to be provided for the taking is contested. The funds would come from the Community Preservation Fund's Open Space account which has a cur- rent balance of about $504,000. This request was approved by the Community Preservation Committee on June 10, 2014. The actual compensation is still a matter of negotiation and could be lower than the requested appropria- tion. As of publication, the Town was still waiting to receive the results of its own title search, which might improve the bargaining position of the Town, or even render the whole discussion moot. The Committee recommends approval of this request(7-0). Article 4: Authorize Easement on Funds Funding Committee Land at 430 Concord Avenue Requested Source Recommendation None N/A Approve (7-0) The Town has an existing easement expressly for maintaining the sewer line running on the west border of the property at 430 Concord Avenue. Approval of this article would expand the allowed uses of the existing easement to guarantee full access for the Town to the back parcel that is the subject of Article 3. 4