SOUTHAMPTON — In response to public concerns about the sale of three undeveloped parcels of land, town officials held an informational public forum featuring various local experts Thursday evening.
Some 150 acres of undeveloped and temporarily protected land in Southampton have gone on the market in recent months, prompting concerns that new buyers could convert the properties for residential, commercial or industrial use.
The three properties in question — 85 acres on Glendale Road, 50 acres on College Highway and 17 acres on Fomer Road — have long been protected through the state’s Chapter 61 program, which gives property owners large tax breaks in exchange for not developing the land.
The property on College Highway sold for $1.2 million on March 1 to Eugene Labrie, co-owner of J&E Precision Tool and a developer, land records show, while the other two remain on the market.
Residents have urged the town to consider exercising its “right to first refusal,” which allows the town to buy property protected under Chapter 61 in the event an owner or purchaser decides to opt out of the agreement and develop the land. According to the town’s most recent master plan, more than 82 percent of respondents said that the town should work to preserve open space resources. In a two-page letter sent to the Gazette in March, more than 80 people called on the Select Board to take action on these parcels.
“I want to thank the small group of residents who came forward and really brought this issue to our attention,” Selectman John Martin said at the outset of the forum.
While no discussion of any particular parcels of land was allowed during Thursday evening’s forum, the roughly 175 people in attendance at William E. Norris School cafeteria were given the opportunity to ask officials and experts on hand about what the towns legal options are to preserve its undeveloped land.
The process of exercising the town’s right to first refusal was a central issue that was discussed at length during the forum. Town Council Katharine Lord Klein argued that a clear intent to develop the property must be established in order for the town to intervene.
Each of the three parcels of land in question have been advertised as potential spots for residential and commercial development.
The $1.2 million real estate listing for the College Highway parcel, for example, begins: “Tremendous opportunities exist with this commercial/residentially zoned property.”
The listing for Glendale Road says the property is “Ideal for single family lots.”
“Potential for multiple building lots in beautiful Southampton,” the listing for Fomer Road says.
But according to Klein, marketing the property as potentially developable doesn’t in and of itself constitute an intent to develop.
“You could certainly buy developable land and not develop it,” Klein said during the forum.
Local attorney Patrick Melnik, who’s practiced conservation and land law for over 45 years, agreed, but said Chapter 61 landowners are legally obligated notify the town if they intend to develop the property.
“A developer who conceals his intent can be held accountable,” Melnik said. “There is no free lunch.”
The implications for the three parcels of land are legally ambiguous.
Labrie filed an affidavit with the town assessor stating that the land on College Highway will continue to be used in accordance with Chapter 61.
The parcel on Glendale Road is listed for sale for $720,000, and builder and contractor David Garstka is looking into purchasing the land to build a subdivision, which would include affordable housing, Planning Board minutes show.
Paul Diemand, chairman of the Planning Board, said in an email to the Gazette that Garstka has offered to donate more than half of the 85-acre site to the town for preservation.
Klein and Melnik both agreed during the forum that the town would have the ability to exercise its right of first refusal even if the property owner only plans to develop a portion of the land.
“It’s really an issue of whether a bird in the hand is worth two in the bush,” Klein said. “The town could potentially buy the entire property, or they could take a portion for free.”
Mark Wamsley, a representative a Kestrel Land Trust said that in his experience, avoiding the right of first refusal process is “clearly preferable,” explaining that the tight deadlines and high costs associated with the procedure can make the process difficult.
Virginia Ahart, chairwoman of the Community Preservation Committee, expressed financial concern about the possibility of acquiring the three parcels of land.
“I appreciate people’s concerns about preserving open space, but I have to say I’m concerned about the possibility of the town spending this kind of money on land acquisitions when the town itself is having to make cuts,” she said.
Ahart also explained that funds from her committee could legally be used to acquire the land if the town decided to use it for affordable housing development. Klein also said that the town would be free to build municipal buildings such as police or fire stations even if they acquired the land by exercising the right of first refusal.
Martin said the three parcels of land will specifically be discussed during Tuesday’s Select Board meeting. “Now that we have more information, we need to address this quickly,” Martin said.