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Select Board declines award for West Falmouth parcel amid Article 97/title concerns
Summary
A single proposal for the town-owned parcel at 0 West Falmouth Highway raised legal questions about Article 97 and whether the town can convey clear title. Counsel advised caution; the Select Board voted not to award the RFP pending title/Article 97 review and additional legal work.
The Select Board decided March 23 not to award the town‑owned parcel at 0 West Falmouth Highway to the sole developer who submitted a proposal, after town counsel raised concerns that prior Town Meeting votes and recent case law may limit or complicate the town’s ability to convey clear title without additional state approvals under Article 97.
Town counsel’s memo explained that while Town Meeting earlier took a vote related to conveyance, the statutory process requires both Town Meeting and Select Board action to complete a disposition, and recent legal developments (and an earlier Town Meeting motion) mean conveying clear title could require an Article 97 waiver or additional state action. The board’s decision not to award the RFP was guided by counsel’s opinion and the applicant’s willingness to allow time for a title review.
Town Manager Mike Renshaw and town counsel advised that continuing with an award without resolving the Article 97/title questions risked litigation and potential invalidation of a conveyance. The Select Board voted down the motion to award and moved to defer action; the board directed staff to pursue clarifying title and Article 97 issues and, if feasible, examine options that could allow partial conservation with a small carve‑out for 10% of the parcel for housing, but no award will be made until the town confirms it can convey clear title.
Next steps: staff and counsel will research title and Article 97 status and report back; the Select Board and applicant may explore an extension or alternative site analysis if the applicant agrees. The board also proceeded with authorizing a notice of award for a different town parcel (Locust Field Road) that did not face the same legal constraints.
Quote: "There is recent case law ... raising the question as to whether the town of Falmouth at present could convey the parcel at 0 West Falmouth Highway with clear title for the purposes of affordable housing development," town counsel reported.
