HomeMy WebLinkAboutMary St. George Ltr. to Chair Lee_Barnstable Con Comm_Title Issues_03-25-2025[
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March 21, 2025
Mr. F.P “Tom” Lee
Chairman
Town of Barnstable Conservation Commission
c/o Edwin.Hoopes@town.banstable.ma.us
230 South Street
Hyannis, MA 02601
Re: Request for Determination of Applicability filed by Bog Partners LLC (the “Applicant”), for
1246 Bumps River Road and 0 Marie-Ann Terrace, Centerville, Massachusetts (the “Bog”)
Commission File: DA-25012
Dear Chairman Lee,
I own a home near the property that is the subject of the above-referenced Request for Determination of Applicability (“RDA”). I am familiar with the Bog’s history as a working cranberry
bog and treasured open space in Centerville, as well as with the purported sale of the Bog to the Applicant in 2021. Because I am very interested in the Bog’s future use, I am compelled
to bring the issues summarized below to the Commission’s attention.
I understand that other community members plan to commenton our shared concerns about exempting the Applicant from compliance with the permitting requirements of applicable wetlands
laws and regulations, I want to draw the Commission’s attention to a threshold and very fundamental issue that, in my view, supersedes and makes premature consideration of those concerns:
The Applicant does not hold valid and indefeasible title to the property because the mandatory notice of sale or conversion provisions of the Farmland Assessment Act (Mass Gen. Laws,
c.61A) were not followed.
That valid and indefeasible title to the propertywas not, and has not yet been, transferred to the Applicant was confirmed by the Barnstable Town Attorney in writing on two separate
occasions. The Town Attorney first wrote to the attorney for the seller of the property on November 5, 2021, shortly after the Applicant’s previous RDA with respect to the erection of
a chain link fence around some 1,800 feet of the Bog’s westerly perimeter was before the Commission. In her letter, a copy of which accompanies this letter, the Town Attorney advised
that theBog’s conveyance was dependent upon, and subject to, compliance withthe notice requirement of the Farmland Assessment Act. As you know, the Act gives the Town a “right of first
refusal” to acquire, or to assign the right to acquire, lands enrolled with the Town Assessor in a program that reduces the tax burden for farmers. Among the Act’s requirements is an
obligation that the seller of agricultural land enrolled under the Act provide clear and accurate notice of the proposed purchaser’s intended use of the property. As the Town Attorney’s
letter points out, the notice sent with respect to the Bogadvised that the buyer intended to use the Bog as an individual “residential property.” Significantly, the notice did not indicate
that the buyer intended to use the property as a commercial cranberry bog, a “wetlands trees” farm, or any other purported agricultural purpose.
Furthermore, and perhaps even more significantly, a subsequent letter sent by the Town Attorney to the attorneys for both the seller and the Applicanton November 29, 2021, confirmed
that the notice sent with respect to the proposed sale of the Bogwas deficient and defective because it was not sent to all of the governmental entities and officials required to receive
notice in accordance with the Farmland Assessment Act. In that second letter, the Town Attorney explained that the Act requires that the notice be sent to“the Town Council, the Board
of Assessors, the Planning Board, and the Conservation Commission,” among others, when the owner of enrolled land seeks to sell or convert it to a non-agricultural use (a copy of this
letter is also attached for your reference). The Town Attorney admonished thatbecause it was not sent to these entities, the notice was defective, as each of these boardsand officials
is entitled to notice “… the obvious purpose being to allow each such boardto consider the implications of such a sale and to consider the merits of the Town possibly acquiring the properties
or assigning the option to purchaseto a non-profit conservation organization….”Most significantly, the Town Attorneyadvisedthat “the 120-day period in which the Town may choose to exercise
[its] option [with respect to statutorily provided right of first refusal] does not begin to run until all notices have been provided.”
To the best of my knowledge, the required notice still has not been sent. Therefore, the Commission should be aware that the Applicantcontinues to have “defective and defeasible title
due to the non-compliance with the requirements of Chapter 61A.”
Finally, I want to make the Commission aware that the Barnstable Land Trust, a recognized non-profit conservationorganization, has offered to acquire the Bog and has indicated that it
has the financial resources to do so. Such an acquisition is permitted by the provisions of the Farmland Assessment Act.
Thank you for your consideration.
Sincerely,cc: Hon. Louise Foster, Vice Chair Hon. John Abodeely Hon. William Hearn Hon. Jeffrey Kaschuluk Hon. Peter Sampou Hon. Angela
Tangney