2014-06-16-STM-CEC-rpt - Laserfiche WebLink

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CAPITAL EXPENDITURES COMMITTEE REPORT TO 2014 STM(Jun 16th) The Town contests that John H. Sellars has a clear title to this rear lot—which has long been considered as Town conservation land. To clear that title, and reconfirm the lot is under the protection of the Town's Conservation Commission, this Article proposes to authorize that Commission to acquire and, with the Board of Selectmen's authorization, if necessary to do so under an eminent-domain proceeding. The Town, through it's Conservation Commission and funded by Community Preservation Fund (CPF) with the approval of the Community Preservation Committee (CPC), had two formal appraisals done on this property. The appraisals valued the property at $78,000 and $180,000—the difference based on using different sales as representing comparable properties. After judging those appraisals and with the advice of Town Counsel regarding potential contention in the courts of the land value in an eminent-domain taking, the BoS recommended: (1)using the higher appraisal as the chosen valuation and (2) also funding $40,000 for possible attendant legal costs. The CPC, in turn, also accepted that higher appraisal valuation (thereby establishing the maximum amount that could be funded from the CPF for the land) and the proposed allowance for legal costs; and made the sum its recommendation for appropriation under this Article from CPF Cash. (See Appendix A on Page 9 for the latest modeling of the CPF revenues and expenses.) This Committee supports the acquisition as proposed and funded so as to resolve that the Town has clear title to the property and it is preserved as conservation land. This Committee's support of the purchase is contingent upon Town Meeting's approval of an access easement under Article 4 that meets or exceeds the extent cited in our comments in that following Article 4. Thus, this Committee believes Article 4 should be taken up before this Article. Fund Funding Article 4:Authorize Authorization Committee Recommends Easement on Land at Requested Source 430 Concord Avenue Not Applicable Not Applicable Approval(5-0) "To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent domain, purchase or otherwise an easement or expand the uses of the existing sewer easement on property shown on Assessors' Property Map 10, Lots 7 and 8 to access the land shown on Assessors' Property Map 6, Lot 1; or act in any other manner in relation thereto."... DESCRIPTION: This article would provide for an access easement to the land described in Article 3 of this warrant" [Town Warrant] This Committee understands the Town expects to be able to acquire the easement at no cost from Artis following the rezoning proposed under Article 2. This Committee expects that the additional/expanded easement that is being proposed under this Article would provide the Town, and as deemed appropriate by the Town's Conservation Commission the public, a route by which to access the cited, land-locked, back property—to be acquired under Article 3. Thus, as already noted above, this Committee believes this Article 4 should be taken up before Article 3. 2