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Committee discusses Cloutier parcels, railroad bed and ground-cover trade in Sconset; no formal action
Summary
Committee members reviewed a complex Cloutier estate proposal in Sconset involving a town-owned railroad bed (Land Court Lot 23), a pending ZBA application, and a possible exchange of two beachward lots to secure 'ground cover' credit for the Cloutier estate; members asked for further analysis from town counsel and no vote was taken.
The Town Real Estate Assessment Committee reviewed April 7 a complex proposal from the Cloutier estate in Sconset to consolidate lots and seek ground-cover credits in exchange for conveying two lower lots to the town. Committee members did not take a formal vote and asked staff and town counsel to prepare a proposal and legal analysis before any disposition is advanced.
Staffer Tracy described the matter as originating from warrant articles dating to 2009 and said the Cloutier property now is in probate after the death of owner George Cloutier; his widow now holds the estate. The concept under discussion would convey two lower parcels (referred to as Parcels 10 and 11 in the plan) to the town while the Cloutiers would seek ground-cover credit on their main lot, which sits north of a railroad-bed parcel labeled A and B on the Land Court plan for Lot 23. Tracy said Parcel A and B are part of a Land Court lot the town owns in fee and that the town also holds an order of taking related to sewer purposes for Lot 23.
Committee members raised several legal and administrative hurdles: there is no existing license or agreement that would permit the Cloutiers to use town-owned railroad-bed ground cover; if the property transfer were large enough in value it would require an RFP and formal disposal process; and deed language tied some parcels to open-space or sewer purposes. Members discussed whether the ground-cover calculation could be blended across multiple lots so the front lot would receive additional allowed square footage; John Brecher offered a back-of-the-envelope estimate and referred to a possible increase in allowable ground cover to roughly 3,600 square feet if all parcels were counted together (described as an estimate during the discussion).
Tracy said the Cloutiers have submitted a ZBA application and have agreed to extend consideration for another month. She told the committee, "They have extended their ZBA application, another month," and said town counsel would prepare a zoning opinion. Members asked staff to return with a written proposal that addresses legal constraints, any RFP/disposal requirements, the treatment of the railroad bed (Parcels A and B), and options for creating a pedestrian easement to maintain public access.
No formal recommendation or vote was taken. Committee members said they see potential public benefits if the town acquires the lower lots near the sewer beds and if a public pedestrian connection can be secured, but they emphasized that several legal and procedural questions must be resolved before any taking or conveyance.
