Editor’s Note: This story was changed on March 21, 2018, to correct the date of the forum to April 5, 2018.
SOUTHAMPTON — Open space and farmland are some of the reasons residents enjoy living in Southampton, which is why many residents are watching carefully what happens in the near future to some 152 acres of undeveloped land that have gone on the market in recent months.
The land — 85 acres on Glendale Road, 50 acres on College Highway and 17 acres on Fomer Road — for years has been protected from development through so-called Chapter 61A agreements with the owners. In exchange for not developing the land, owners get a break on property taxes.
But now that owners for those properties have signaled their intent to sell — the College Highway site has already sold to a developer and co-owner of one of the largest businesses in Southampton — a debate is brewing over whether the town should exercise its right of first refusal to buy the land. Residents say they want to see most of the land remain undeveloped, but that one parcel would be a prime location for a new public safety complex and affordable housing.
In a two-page letter sent to the Gazette this month, more than 80 people called on the Select Board to take action on these parcels, following the 2013 Master Plan which aims to have the land protected.
“The three parcels are protected under the state law known as Chapter 61, which gives landowners a major tax break on undeveloped property,” the statement reads. “In return, the municipality receives the Right of First Refusal (ROFR) when Chapter 61 land is being sold for conversion to residential, commercial, or industrial use.”
Select Board member Maureen Groden, however, notes that the town may not be able to exercise its right of first refusal. She points to a recent opinion issued by attorney Katharine Lord Klein, of KP Law in Northampton, that states such action is not possible because there is no clear intent to develop the land. Groden said basically intent kicks in when “shovel hits the dirt.”
To help settle the dispute, the Select Board has scheduled a public forum for April 5 at 6 p.m. at the William E. Norris School cafeteria to hear from lawyers and experts on right of first refusal, Groden said.
Resident Diana Federman said she hopes the town can do everything in its power to follow the master plan to preserve the beauty of Southampton.
The master plan states that the community should prioritize lands currently enrolled in Chapter 61/61A/61B status and determine if there are priority parcels the community should purchase if and when these lands are removed from the program. The plan says that the greatest threat to open space protection is the rapid rate of residential growth.
The plan also states that once a landowner withdraws their land from the program, the town has the right of first refusal to purchase the property.
One of the three properties — the 50 acres on College Highway by Gunn Road — sold for $1.2 million on March 1 to Eugene Labrie, co-owner of J&E Precision Tool and a developer, land records show. Labrie filed an affidavit with the town assessor stating that the land will continue to be used in accordance with Chapter 61.
Labrie, who grew up on a dairy farm, told the Gazette his family cares for about 40 beef cattle and 25 horses. He plans to use some of the land for hay and keeping a portion of the land as forestry.
Some residents believe the town should have explored buying the land itself, using its right of first refusal, for a new public safety complex. Resident Barbara LaFlam said College Highway is a prime location to place a complex to house the police and fire departments.
“We are looking for a suitable, central location for a public safety complex,” LaFlam said. “We also need to find a location for affordable housing.”
Select Board Chairman Charlie Kaniecki said he sent letters to a number of property owners, including the owners of the College Highway parcel, that had land that could house a new public safety complex. The owners said they weren’t interested in selling at that time.
The parcel on Glendale Road by Edward Avenue is for sale for $720,000. Builder and contractor David Garstka is looking into purchasing the land to build a subdivision, which would include affordable housing, Planning Board minutes show.
The 17-acre parcel off Fomer Road by Crooked Ledge Road is for sale for $280,000. The owner of the Wolf Hill Sanctuary property, which is contiguous to the Fomer Road parcel, has expressed interest in purchasing the parcel to expand the sanctuary, according to Conservation Commission meeting minutes. The 200-acre conservation area has walking trails for the public and is managed by the commission.
Residents say that all three parcels were advertised with the intent to convert it from Chapter 61 land to residential, commercial or industrial use. All three parcels were advertised for potential development.
“Tremendous opportunities exist with this commercial/residentially zoned property. Future bike path potential,” the listing states for the College Highway parcel.
“Ideal for single family lots,” listing for Glendale Road says.
“Potential for multiple building lots in beautiful Southampton,” the listing for Fomer Road says.
Klein, the attorney, said that “conversion under the Notice Statutes means the purchaser has actually taken action on the land that results in a change to the site, e.g., grading, clearing, installation of a road associated with a residential, industrial or commercial use.”
She adds, “Conversely, pursuing or even obtaining permits and approvals that would allow development of the land does not constitute, in my opinion, in and of itself, a conversion to another use. The buyer has not, at that point, committed to taking the property out of chapter land status.”
With a tight budget for the upcoming fiscal year, which may include an override to fund necessary services, Kaniecki said purchasing land to preserve space is not a top priority.
LaFlam said she’d like an article on the annual Town Meeting warrant to purchase at least one of the parcels.
“Land doesn’t go away and they don’t make more of it,” LaFlam said.
Caitlin Ashworth can be reached at cashworth@gazettenet.com.