Appeared in Sippican Week, October 13, 2011

The Marion Open Space Acquisition Commission's plan to purchase 2.7 acres of waterfront land off Converse Road is facing stiff opposition from neighbors and some town officials.

The commission held a public hearing last Thursday night to answer questions on its plans to purchase and provide public access to the property, located at the end of Quelle and Holly lanes.

Residents showed up to complain that they have been in the dark about the whole project and to voice concerns about a potential increase in traffic, how the property would be maintained, and about the land itself.

Selectman Roger Blanchette told the Commission that the land was mostly underwater and said the purchase price of $60,000 should be challenged as far too high.

The commission has a purchase-and-sale agreement for the parcel, currently owned by David Hall, on the eastern side of Sippican Harbor.

The Marion Open Space Acquisition Commission is an appointed group with the responsibility of purchasing open land for town use. Its land purchases do not have to be approved at Town Meeting.

The commission, which has $424,000 in available funding, applied for the Community Preservation Committee’s program in September for the $60,000 the commission has offered for the land. This price will be raised if the land is acquired after Nov. 21.

Commission member John Rockwell said the purpose of acquiring the land is to provide access for shell fishing and recreation. Rockwell said the commission had the land valued at $90,000 to $100,000.

The Town Assessor has the land valued at $1,700.

“When someone comes to us in confidence saying they have property they want to sell, we are allowed by law to keep that confidence,” Rockwell said. “It wouldn’t be serving the residents of the town to betray that confidence.”

Carol Amick, a resident and former state senator, provided photos for the commission of the causeway to the land at the end of Quelle Lane. Amick said nearly 70% of the land is underwater at high tide, and around 60% of the land is underwater at all times. She also questioned the legality of Hall’s ownership since the land is mostly underwater.

“You’re paying $60,000 to add to Sippican Harbor,” Amick said to Rockwell. “The sale price for underwater, unbuildable and unusable land is way overpriced.”

Amick also urged the commission to withdraw from the purchase and sale agreement, which can be done without penalty. In a letter submitted to the commission, Amick said parking was prohibited on the Quelle Lane “causeway” and the other paths pursuant to a 1971 state law, which regulates and restricts activities in coastal wetlands and relates specifically to the Quelle Lane area.

Resident Mark Brown said no cars could pass through the narrow lanes to access the land.

“Those lots are not practically accessed from Holly Lane at all,” Brown said. “People make their way by walking over private property. Some have permission, some don’t. That’s just how it’s been. It hasn’t risen to a problem because traffic is low.”

Brown also said many of the lanes are only 11 to 15 feet wide and that emergency vehicles would be unable to pass if another car was on the lanes. He also said people would be parking their cars in yards and blocking access.

Amick added the neighborhood would do whatever was possible to keep the deal from happening and allowing public access.

Rockwell suggested parking on Converse Road.

Selectmen Blanchette said the town needs to challenge the commission’s appraisal and have more assessments done.

“That property is underwater,” Blanchette said. It isn’t worth that kind of money. I feel it’s a bad buy. I worry there’s something else going on.”

Blanchette added that if an appraisal deems the land is less than the amount the commission is paying, the agreement could be nullified.

Resident Jon MacLean questioned the commission’s decision to not inform the neighborhood of its intentions.

“This was not done in good faith,” MacLean said. “Why didn’t people knock on doors or want to come to us as a group telling us they were thinking of doing this?

Rockwell said the title of the land is now under review, and that any issues raised in the meeting would be addressed with Town Counsel.

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