Fri, Jul 25 2008

Published: April 24, 2008 06:15 am    PrintThis  

Should town buy more land?: Purchase could require special election

By Brian Messenger
Staff writer

One is two acres on Fosters Pond, the other a hilltop property with a view of Boston.

Both are among the open spaces in Andover that the Conservation Commission would consider acquiring, says Conservation Director Bob Douglas — if Town Meeting authorizes the money.

Approval of Article 39 by a two-thirds majority would put $900,000 into the Conservation Commission's Open Space Bond Fund, which has been empty for several years, according to commission member Al French.

"Right now, I think we're losing out on opportunities," said French. "It allows the Conservation Commission to go out and negotiate with people willing to sell."

Money in the fund was last used to buy portions of the former Reichhold Chemical property, which the town plans to use as a campground and recreation area.

If Article 39 is approved, French said the Conservation Commission would request proposals from any landowners willing to sell open space to the town. Any future purchase would require the selectmen's approval, French said.

After originally requesting $1.5 million, the commission reduced its request for a bond authorization to $900,000 to gain approval from the selectmen and Finance Committee, he said.

Despite this reduction, however, both selectmen and the Finance Committee have recommended that Town Meeting only appropriate the requested $900,000 through a Proposition 2 1/2 debt exclusion, which would raise property taxes above what is normally permitted under state law. That would mean residents would also have to approve the idea at a special election. Typically, open space appropriations are bonded, French said.

"It was just because of our debt position right now," said selectmen Chairman Brian Major of the board's 3-2 vote to recommend a debt exclusion. "Any large expense that is a 'nice to have' is something that we really need to request with a debt exclusion and not within the levy. We're trying to differentiate between the 'nice to haves' and the necessities."

Selectmen Jerry Stabile and Ted Teichert voted against funding the $900,000 through a debt exclusion, believing that requiring a special election would kill the effort.

"That's not going to go," said Stabile at an April 14 meeting. "It's dead anyway."

French expressed doubt that the appropriation would pass as a debt exclusion. Taking exception to Major's reference to open space acquisition as a "nice to have" item, he said controlling residential development controls financial demands placed on town and school services.

"It's not just (for) tree huggers," said French. "One of the problems that we have as a town is school expense. Open space acquisition is more than a frill."

Conservation Commission member Howard Kassler tied development to demand for services and said acquiring open space can help maintain Andover's character.

"We do better just leaving land open," said Kassler. "Once it's gone, it's gone. What's good about Andover is that we do value open space."

Douglas said the pond-side and hilltop parcels he has seen would offer opportunities for passive recreation and wildlife protection.

The two acres adjacent to Fosters Pond abuts conservation land, Douglas said.

"That would expand our reservation as well as include pond-front property," he said.

The other is 4 1/2 acres off Sunset Rock Road, hilltop property offering a view of Boston and surrounded by the Conservation Commission-controlled Robert Pustell Reservation, he said.

"This is a fairly dramatic property," said Douglas. "It's one of the higher peaks. ... Of the open space in town, I think this is a real jewel."

The hilltop property, at 210R Sunset Rock Road, will potentially be subdivided into three residential lots if the Conservation Commission does not acquire it, according to Bill Perkins, Andover resident and developer of the parcel.

Perkins said he already has applied for permits with the town to subdivide and eventually build there, but has offered the town a chance to purchase the parcel before he begins.

"I knew that the town owned all the land around it," said Perkins. "I think it's the right thing to do."

Both Douglas and French said the Conservation Commission is not exclusively interested in the hilltop and pond-side parcels, and will consider other open space areas in town to purchase if money is made available.

"There's more than that we're interested in," said French.

"They don't go after properties unless it's something they feel strongly about (and) fits into their master plan," said Town Manager Buzz Stapczynski.

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