01/14/2021 COMMUNITY PRESERVATION ACT COMMITTEE Minutes

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7 Community Preservation Committee Minutes January 14, 2021 APPOINTMENTS & HEARINGS Review Discussion&Possible Action on the following CPC Application proposed for the May 2021 Town Meeting: (continued) Matthew Haney, Trustee of Gooseberry Island Trust raised several concerns regarding the Select Board's plan to seize by eminent domain the Gooseberry Island Trust's property known as Gooseberry Island. Mr. Haney clearly stated the Trust is not interested in selling the property and will oppose the taking through every means possible. Mr. Haney indicated if the eminent domain taking moves forward, the difference between the Town's appraisal and the award determined by the courts will be absorbed by the Mashpee taxpayers. The most recent opinion of fair market value is $5,500,000. This information was presented in a memorandum dated October 14, 2020 from Daniel J. Michael of Main Street Appraisals of Cape Cod. (enclosure) It was further stated by Mr. Haney that it is the understanding of the Trust that the Town does not have an appraisal or the funds available to purchase the island. The Trust also questions whether it would be a good use of public dollars to purchase the island taking the property out of the tax base and creating essentially a public recreational park accessible only by boat in this portion of Popponesset Bay. Mr. Haney also stated the Finance Committee at their September 17, 2020 meeting voted 5-0 to not recommend approval of the article. The article to acquire Gooseberry Island was on the fall Town Meeting warrant, and indefinitely postponed to await an appraisal of the subject property. As discussion continued Chuck Green a member of the Mashpee Wampanoag Tribe and former Selectman indicated the property is valuable for many reasons from a conservation standpoint and for nitrogen reduction. Mr. Green asked what is the cost to the town in the nitrogen reduction scheme? Mr. Green voiced support in taking the property by eminent domain and noted the lot is unbuildable and it is currently valued at$65,000. In his opinion a$5,500,000 estimate is a ridiculous cost for the property. It would be better suited for the town to improve eel grass growth to support the production of scallops. In response to the comment regarding the lot is unbuildable Mr. Haney offered the following rebuttal; "A property restricted by regulations is valued as restricted unless the Claimant can demonstrate that there is a reasonable probability that the regulations would be held to be a regulatory taking. If so, the Claimant is entitled to an increment above the regulated value, representing an additional amount a reasonable buyer would pay for the probability of a successful judicial determination that the regulations were confiscatory."