10/17/2016 Annual Town Meeting - Laserfiche WebLink

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Article 8 To see if the Town will vote pursuant to the provisions of M.G.L. Chapter 44B, §5, to amend the previous vote of the Town Meeting under Article 9 of the May 2016 Special Town Meeting for the purposes of funding the acquisition of the Littleford Moniz Jordan property; 104 William Mingo Road identified on Assessor's Map 51, Block 6 and 60 Saddleback Road identified on Assessor's Map 43, Block 14 for open space and passive recreation purposes by striking the wording "with no conservation restriction"; and further, to authorize the Conservation Commission and/or the Board of Selectmen to acquire, by purchase, fee title to the subject property for open space and passive recreation purposes pursuant to M.G.L. Chapter 40, §8C or otherwise, to grant/impose such conservation use restrictions with respect to said property as may be required by M.G.L. Chapter 44B, §12 and to execute such agreements and instruments as may be necessary to accomplish said transactions, all as recommended by the Community Preservation Committee, or take any other action relating thereto. Submitted by the Community Preservation Committee Explanation: The Town Meeting vote under Article 9 of the May 2016 Special Town Meeting authorized the appropriation of Community Preservation Act funding for this acquisition. However, the article did not specifically authorize the Board of Selectmen to acquire title to the subject property nor did it specifically authorize the Board of Selectmen and/or Conservation Commission to impose/grant a use restriction on the property as required by the Community Preservation Act, M.G.L. Chapter 44B, §12. The subject property will be perpetually limited to open space and passive recreation purposes enforceable by the Conservation Commission or other conservation organization. The vote of the Community Preservation Committee was 6-0 in support of this article. The Board of Selectmen recommends Town Meeting approval by a vote of 5-0. The Finance Committee recommends Town Meeting approval by a vote of 5-1. Motion made by Selectman Thomas O'Hara. Motion: I move the Town vote pursuant to the provisions of M.G.L. Chapter 44B, §5, to amend the previous vote of the Town Meeting under Article 9 of the May 2016 Special Town Meeting for the purposes of funding the acquisition of the Littleford Moniz Jordan property; 104 William Mingo Road identified on Assessor's Map 51, Block 6 and 60 Saddleback Road identified on Assessor's Map 43, Block 14 for open space and passive recreation purposes by striking the wording "with no conservation restriction"; and further, to authorize the Conservation Commission and/or the Board of Selectmen to acquire, by purchase, fee title to the subject property for open space and passive recreation purposes pursuant to M.G.L. Chapter 40, §8C or otherwise, to grant/impose such conservation use restrictions with respect to said property as may be required by M.G.L. Chapter 44B, §12 and to execute such agreements and instruments as may be necessary to accomplish said transactions, all as recommended by the Community Preservation Committee. Motion passes at 7:17 PM. 6