Been there, done that.

Fall '07 Town Mtg. Warrant:

ARTICLE 8
To see if the Town will vote to transfer to the Board of Selectmen for the purpose of conveyance and to authorize the Board of Selectmen to convey a simple interest or long-term lease interest for a term of up to ninety-nine (99) years on a portion of the Town-owned land known as “Westfield” located off Charlotte Furnace Road, Wareham, shown as Assessors’ Map 105, Parcel 1001 and Assessors’ Map 105A, Parcels 80 through 287, and described in the instrument recorded with the Plymouth District Registry of Deeds in Book 4314, Page 189, said portion containing 24.49 acres, more of less, (the “Affordable Senior Housing Land”), and to authorize the Board of Selectmen to convey as appurtenant to said Affordable Senior Housing Land with respect to an abutting portion of said “Westfield” land, said portion containing 5 acres, more or less, an easement for license for sub-surface sewage disposal system purposes, both conveyances to be for such monetary or non-monetary consideration and upon such terms and conditions as the Board of Selectmen shall determine to be appropriate for the purpose of ensuring the development of affordable senior housing, or to do or act in any manner relative thereto.

Inserted by the Board of Selectmen

Motion: Mr. St. Pierre
I move Further Study on Article 8. Second

Vote: Town Moderator rules this article out of order, because the article is defective on it's face.

The Board of Selectmen voted:  Rescinded Favorable Action to Further Study (5-0-0)
The Finance Committee voted:   Further Study (6-0-0)

PShooter

Last edited by PShooter (2009-09-29 00:06:46)

here is something i found mgl 184 32......it seems the 1977 bos had every right to put restrictions on the land..im not a lawyer but seems to read that way..

" Approvals of restrictions and releases shall be evidenced by certificates of the secretary of environmental affairs or the chairman, clerk or secretary of the Massachusetts historical commission, or the commissioner of food and agriculture, or the director of housing and community development or the city council, or selectmen of the town, as applicable duly recorded or registered.

  In determining whether the restriction or its continuance is in the public interest, the governmental body acquiring, releasing or approving shall take into consideration the public interest in such conservation, preservation, watershed preservation, agricultural preservation or affordable housing and any national, state, regional and local program in furtherance thereof, and also any public state, regional or local comprehensive land use or development plan affecting the land, and any known proposal by a governmental body for use of the land."