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Charlemont assessors deny $4,491 Chapter 61 conveyance-tax abatement for 17+-acre parcel
Summary
The Charlemont Board of Assessors unanimously denied an abatement request for a $4,491 conveyance tax after finding the landowners failed to timely secure required forest-management documentation; the board advised the owners on applying to Chapter 61B for FY2027.
The Charlemont Board of Assessors on July 7 unanimously denied an application to abate a $4,491 conveyance tax assessed under G.L. Chapter 61, Section 6, for a roughly 17-acre parcel purchased in 2023.
Assessor’s Clerk Carlene Hayden reviewed the file and told the board the purchasers, Jonathan Mirin and his wife, Godelieve Richard, signed an affidavit at closing promising to continue the parcel’s forest use but the required forest-management plan was never completed. Hayden said repeated communications from the office and Mirin’s forester, Mary Wigmore, documented efforts to enroll the parcel but that the plan was not finalized in time for Fiscal Year 2025 eligibility.
Mirin told the board he and his partner bought the old farmhouse at 224 Avery Brook Road and negotiated to buy the barn across the road for use by their theatre company. He said he had pursued a grant to cover forester costs and that ongoing travel for theatre work limited his availability. Mirin said the barn and surrounding land are used for a theatre and for a children’s nature program called Bee and Blossom and that he had considered switching enrollment to Chapter 61B but did not submit an application.
Board members said enrollment and timely submission of required materials are ultimately the landowner’s responsibility under Chapter 61 rules. The board concluded that the applicants had not exercised due diligence to maintain forest management use or to apply for Chapter 61B in time. On a motion by Chair Karen Rau, seconded by Anthony Ostroski, the board voted unanimously to deny the abatement request; the board directed staff to send a written explanation of the decision to the applicants at the next meeting.
The board noted that if the owners determine that their current use is better captured under Chapter 61B, they must identify how many acres would be dedicated to that use and exclude buildings; staff told them an application submitted by December 1 would make them eligible for Fiscal Year 2027. The board adjourned to executive session after the vote and will meet next on Aug. 4, 2025.
