WESTFIELD – The City Council conducted a public hearing Thursday night on the city’s right of first refusal to purchase 13.2 acres of land on Northwest Road which currently has a conservation restriction.
The Pitoniak Family, which put the land under Massachusetts General Law Chapter 61-A conservation restriction, is now considering selling the property to an abutting property owner, Dr. Raymond J. Anton of General Knox Road, who owns 250 acres of land behind the Pitoniak property. The Pitoniak land has frontage on Northwest Road which would give Anton access to his property.
The Chapter 61-A law provides property tax relief to owners who put their land under a conservation restriction. The law also provides that the host community, which lost tax revenue, with the right of first refusal.
Community Development Director Peter J. Miller Jr., said the city typically does not “exercise” the option to purchase property being taken out of Chapter 61-A protection for two reasons, the property does not satisfy the city’s open space plane requirements or the city cannot afford the sale price which makes the land too costly to acquire.
“We’re here tonight to determine whether the city is interested in exercising its right of first refusal,” Miller said. “The property is next to city well #5 and the city is always looking to protect land around its water resources.”
Miller said that the city has 120 days to exercise that right and that the city was notified in June so the 120-day period expires on Oct. 12, 2013.
Under the Chapter 61-A the “city has the right to step into the shoes of the buyer” and to acquire the land at the price agreed to by the seller and buyer, in this case $130,000. The agreed price for 13.2 acres appears low, but much of the land is either steep slope or wetlands.
The Community Preservation Commission voted to fund the $130,000 to execute the land purchase and an additional $27,500 for legal, surveying and conservation restriction administration. Both the Conservation Commission and Planning Board voted to send positive recommendations to the City Council to exercise the city’s acquisition option.
“The highest and best option to protect this property would be to own it,” Miller said.
At-large Councilor James R. Adams said that while the acquisition “seems to be a good idea because of the well situation,” there are other factors coloring the council’s decision on the option.
“Dr. Anton owns 250 acres behind this piece,” Adams said. “If he can convince us that he would do no harm to the wells, then we may want to allow him to purchase the land. This piece gives him access to his land.”
Onofrey said Anton gave the council an affidavit “that he will continue to use that land for agricultural purposes and will continue the 61-A (conservation restriction).”
Ward 3 Councilor Ann Callahan suggested that the city exercise it’s purchase option, with an easement to the deed giving Anton access to his property.
At-large Councilor David A. Flaherty suggested that the city use another funding source to purchase the property, then negotiate directly with Anton. Under the state Community Preservation Act, land purchased with CPA funding has to be placed into a conservation restriction. Purchasing the land with other funding would not be so restrictive and give the city options for future use or sale.
Anton said he is willing to put a conservation restriction on the property, but that process, which the state has to review and approve, could take several months, far beyond the city’s 120-day window to exercise its right.
Tom Pitoniak, representing his uncle John Pitoniak who is the property owner, said the family has no position on the purchase since his uncle will be paid the same amount either way.
Pitoniak did say that Anton “has been a good steward of his land” and that there “are ample safeguards in place” to protect the 13 acres from development because of state wetland laws and the fact that much of the property is in the zone 2 recharge area of the well which the Department of Environmental Protection oversees directly.
Anton said that he has owned the abutting 250 acres for 35 years and has not built anything on that land.
“My son has returned to the city with his wife who is carrying their child and they would like to build a home in back of that (Pitoniak) property,” Anton said. “You have my word that I will not purchase the property, even after the 120 days expire, until I have an agreement with the Law Department.”
The City Council voted to close the hearing and send the issue back to the Legislative & Ordinance Committee which will bring it out for further debate, and possible action, at the Oct. 3 council meeting.
The council members rejected a motion by Ward 4 Councilor Mary O’Connell, in whose ward the land is located, to instruct the Law Department to “work with the potential buyer’s attorney on a conservation restriction.” That motion was defeated by a 7-6 vote.
