Would-be buyer reaches agreement with BBC over farm

Seven months after losing out to coalition, Dartmouth woman may get her dream

By Ted Hayes
Posted 4/17/23

A Dartmouth woman with long-held dreams to own her own farm is closer to getting her wish, seven months after she lost out on her bid to purchase a 31-acre Main Road property to the Buzzards Bay …

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Would-be buyer reaches agreement with BBC over farm

Seven months after losing out to coalition, Dartmouth woman may get her dream

Posted

A Dartmouth woman with long-held dreams to own her own farm is closer to getting her wish, seven months after she lost out on her bid to purchase a 31-acre Main Road property to the Buzzards Bay Coalition.

Last September, the coalition was granted the town's right of first refusal to purchase a property at 559 Main Road for conservation purposes. Dartmouth resident Stephanie Cormier had already signed a purchase and sale agreement for the mostly wooded land, then owned by the Pettey family, and was close to finalizing a deal with the Petteys.

But select board members, who remarked on the land's value for conservation purposes, voted to transfer the town's right of first refusal to the coalition instead of passing on it, which would have left Cormier free to consummate her deal.

"It's one of those tough decisions that we hate to have to make," board member Steven Ouellette said at the time. But "I think the best interest of the town is to try and preserve it."

The land, which runs west from 559 Main Road, contains the headwaters of Snell Brook, one of six cold water streams in Westport and only nine similar waterbodies in the state of Massachusetts. Portions of the land abut another tract containing portions of Angeline Brook, another similar cold water stream. Though the property includes a circa 1830 home, the Edmund Tripp House, it is mostly wooded.

What happened?

The property had been owned by the Pettey family since 1923 and for years had been classified under Massachusetts' Chapter 61A, an agricultural conservation program that gives property owners tax incentives to hold their land for agricultural purposes. It also requires that landowners enrolled in the program offer the property to the town when they consider selling.

Last May, the Petteys informed town officials of their intention to sell to Cormier, a move that activated a clause in 61A that gave the town three options: Purchase, decline the town's right of first refusal to purchase it, or assign that right to another entity. It also gave the town 120 days to decide which route to take; that deadline would have fallen five days after last September's select board meeting.

After the Petteys contacted the town, there was little response and over the summer Cormier worked to secure financing and straighten out other details of her purchase.

But while she was not aware of it, the town was working concurrently to gauge input from various boards and commissions on what to do about the town's right of first refusal.

Soon after hearing from Pettey, town administrator James Hartnett sent out a request asking for input from various town departments. The conservation commission and board of assessors both recommended releasing the right, the Agricultural/Open space Preservation Trust Fund Council recommended either purchasing the property or assigning the right to a non-profit, and the planning board did likewise.

"We are the ones ... who raised the red flag and said we should consider exercising the town's right to purchase, or give the town's right to a non-profit," planning board chairman James Whitin said at the time.

Planning officials started discussing the land and right with the coalition, which ultimately decided to go forward and take on the town's right of first refusal.

The news came as a surprise to Cormier, who by that point was nearly ready to finalize her purchase.

"Unfortunately when Mr. Pettey came to the town (in May 2022) ... at first they didn't feel like they had any interest in it," then-select board member Brian Valcourt said. "After further review ...  many people realized how important it was to actually save this. It's a very difficult decision that this board has to make and it does not do this lightly."

The board's unanimous decision to assign the town right to the coalition brought Cormier to tears.

But after the vote, a Buzzards Bay official said the coalition would try to work with Cormier to see what could be done to help her realize her dream, while still protecting the large property.

"All options are on the table, and it may include subdividing off a small part of the property and selling it to someone, the coalition's Allen Decker said shortly after the select board vote. "That someone could include Ms. Cormier."

Planning board OK

It appears that is what has happened.

At a recent planning board meeting, Mackenzie Long, an attorney for Cormier who had been speaking to BBC officials, said the two parties had worked out a deal whereby the large property would be subdivided, and the house, and a one-acre tract of land surrounding it, would be broken out and sold to Cormier.

The plan needed planning board approval of flexible frontage requirements, he said, and if the planning board granted it "we're hopeful to be able to close on the property."

"I know that my client, her intent with the farmhouse is to improve to current standards but retain the historical structure that is there," Long told the board. "It is an old house. It needs work (which) she is prepared to undertake."

Planning board members voted unanimously to approve the request, with member John Bullard, a board director at the BBC, abstaining.

Said Whitin: "It's a good thing (and) I'm glad it worked out this way."

As for the remainder of the property, Buzzards Bay officials plan to keep it in its natural state, and will blaze some trails through it for the enjoyment of the public.

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