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Farmington pauses sale decision after developer asks about town-owned parcel
Summary
Apex Land Solutions told Farmington selectmen it expects a 41–44-lot residential concept on a Route 11 parcel and asked about access across a town-owned tax-deeded lot. The board debated sealed bid vs. auction, withdrew a sealed-bid motion and asked staff and counsel to calculate amounts owed to prior owners before deciding.
Apex Land Solutions has asked the Town of Farmington whether it can obtain access across a town-owned tax-deeded parcel as part of a larger development off Route 11, prompting the Selectmen to defer any sale decision pending legal and financial review.
Ryan Heath, a partner with Apex Land Solutions, told the board the company recently bought multiple local parcels, including about 140 acres off Route 11, and is “in the process of doing some conceptual and presenting one large development” that could include 41 to 44 house lots and commercial frontage. He said the question before the town concerns a right-of-way shown on an old deed and whether that access would make a small tax-deeded parcel buildable.
Chairman Charlie King and board members discussed deed language, wetlands constraints and whether the town would get much net revenue after statutory obligations. “It’s going to be somebody’s going to buy it and not think it’s buildable,” King said, noting the town typically prefers to move tax-deeded property back onto the tax rolls when feasible.
Selectman John Scruton raised a second consideration: a recent state Supreme Court decision requires the town to return proceeds above allowable costs to the predecessor in title. Scruton said the board must calculate the full amount the town could recover (taxes, interest and legal fees) before deciding how to sell the parcel.
The board debated sale methods. Selectman Doug Staples argued an auction can drive the price up by competitive bidding; Scruton preferred sealed bids so abutters or developers could submit offers without being outbid at a live sale. After discussion, Scruton withdrew a motion to put the property out for sealed bid; the board instead directed staff to obtain a legal accounting of amounts owed and advised that number be discussed with counsel in non-public under RSA 91‑A:3 II(d) before any formal sale process is set.
Town Administrator Jason Henry said staff will work with the former town clerk and the town attorney to determine the correct accounting and then return to the board with a recommendation. The board did not set a sale date or minimum price and retained the right to reject any future offers.
Next steps: staff and counsel will calculate the financial threshold and present findings to the Selectmen, who said they expect to revisit the matter in a future public meeting.
