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Council tables decision on Chapter 61A sale after lengthy debate; asks law department for report
Summary
The Holyoke City Council voted to table two related agenda items about a Chapter 61A notification and a request from Kestrel Land Trust, after nearly 40 minutes of discussion about process, legal form and neighborhood impacts.
The Holyoke City Council on Tuesday tabled two related agenda items — a notification under M.G.L. Chapter 61A that a property owner intends to sell, and a subsequent request from Kestrel Land Trust that the city transfer its right of first refusal to the nonprofit — after extended debate about procedure and missing paperwork.
The measure to table items 39 and 40 passed on a roll-call vote, 11–2. Councilors John Givner and Meg McGrath Smith voted no; the other members present voted to table. The council then directed the Development & Government Relations Committee and the city law department to report back with clarification of outstanding legal and procedural questions.
Why this matters: The items involve a tract that was enrolled in Chapter 61A, the state statute that provides an agricultural tax classification and triggers a municipal notice-and-option period when the owner offers the land for sale. If the city exercises its option, under statute it must match the terms of the private purchase-and-sale agreement; alternatively the council can permit a qualified nonprofit to take the city’s place. Councilors and the solicitor said the city does not have the cash on hand to buy the property, and that a transfer to Kestrel would require clear written agreements spelling out the buildable…
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