MDAR Exercised Right of First Refusal for Dalton Bardin Property
DALTON, Mass. — The town is close to being relieved of its responsibility of the so-called Bardin property.
During the Select Board meeting last week it was announced that the state Department of Agricultural Resources has enacted its right of first refusal. The MDAR has rights to the property through a 30-year-old Agricultural Preservation Restriction.
The town owns about 148 acres of the non-working farm within Dalton; another four acres is across the border in Windsor.
The board signed the purchase-and-sale agreement during a meeting in September with Charlotte Lind Crane for the amount of $150,000. The state DAR had 60 days to buy the property or waive its rights.
Once enacted, town officials could withdraw the purchase-and-sale agreement, request an extension for the buyer to submit a business plan to MDAR, or let MDAR exercise its rights.
The board decided to let MDAR exercise its right to purchase the property for the proffered $150,000.
Withdrawing purchase-and-sale agreement offer would have required the board to start all over in the selling of the property.
Board members chose not to ask for an extension for the buyer to submit a business plan since they believe the buyer has no intention to create a reasonable farm plan, which is required under the APR.
"It's my understanding. I haven't spoken with the buyer. I haven't spoken with buyer's counsel ... I don't get the sense that there's going to be a sufficient business plan submitted," Town Counsel Katharine Klein said.
The buyer was required to submit a business plan as part of the sale agreement. In MDAR's opinion, the document the buyer submitted is not satisfactory, partially because it's not complete, she said.
The document does not show how the buyer intends to farm the property and after speaking with the MDAR's council Cory Fox, the buyer and her attorney indicated there were no plans to farm the property in any extensive way, Klein said.
Rather, the buyer planned on building a residence on the property, which is against the APR, with the possibility of having a personal vegetable garden, she said.
"So I would lean towards letting MDAR take care of it; get our money and get out," Selectman Marc Strout said.
Selectman Dan Esco said it would be OK to push for an extension in good faith, however, "at the same time, based on what I've heard, it doesn't sound promising in terms of the business proposal and meeting MDAR's requirements based on the use that was communicated by the attorney here. ...
"So, I'd be inclined to support letting them exercise their right of first refusal and just proceed with the sale to MDAR."
MDAR will buy the land from the town and then put it out to bid so that it can be sold to someone who intends on using it for agricultural use, Town Manager Thomas Hutcheson said.
"[MDAR] said that they would buy [the land.] That they would exercise their right and, what they say is, if they don't exercise that right, that they lose it," Klein said.
"And therefore the town could sell it to whoever they want to with no farm plan in place, although the property would still be subject to the APR. So, it sounds like they intend to purchase it."
Background:
The 148 acres of land made up of three parcels came into the town's possession in 2016 in a taking for delinquent taxes. The town had first placed a lien against the property in 2009.
However, there's a fourth parcel still owned by the Bardin estate in Windsor and an APR that covers all four contiguous pieces of the farm that would seem to prevent Dalton from selling its portion.
This issue was apparently not brought up in land court when the town took the land.
MDAR paid the late James Edgar Bardin $260,000 in 1991 to place an APR on his farm. The agreement also gives the state the right of first refusal if the land is to be sold. A waiver from MDAR would be required for a sale to any other entity.
Tags: agricultural restriction, land sales,
