BOMBSHELL: Selectmen Call Special Town Meeting To Acquire Sciarappa Farm

WILMINGTON, MA — At Monday night’s meeting, Selectman Mike McCoy was able to convince two of his colleagues to call a Special Town Meeting, “within the Annual Town Meeting,” to ask residents to give the Selectmen the authority to acquire Sciarappa Farm, land that a local developer is currently attempting to rezone in order to purchase and create a large condo development.

McCoy Makes His Pitch

“I want to take a wrong and make it a right.  [Sciarappa Farm] is one of the last big parcels left in the community. I think it’s beneficial to the town to purchase,” began McCoy. “I don’t care if it’s 200, 300, 400, or 680 condos, that isn’t going to be in the best interest of the town. We’re looking at a massive rezoning and taking this beautiful piece of property and turning it into Condo City. ”

“If this rezoning takes place, we’re going to inherit that mess and [strain on town resources]. We’re going to have to suck up all the expenses. Residents wouldn’t support a Prop 2.5 override or debt exclusion,” continued McCoy.  “There’s a great investment to be made here. We did it at Camp 40 Acres… Yentile Farm… and St. Dorothy’s. God isn’t making any more property, folks. We need to plan for the future… We need to hold on to this property.”

McCoy then read the article, which he had previously passed out to his colleagues and Town Manager. It begins:

“To see if the town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statue, a sum of money for the Board of Selectmen to acquire by purchase, gift or eminent domain the following real estate commonly known as ‘Sciarappa Farm’.”

The accompanying lengthy land description and boundary verbiage was then taken from the existing petitioned article from the applicant looking to rezone the property from residential to neighborhood mix.

“It would be great if the board united together and sent a strong message to residents,” said McCoy. “And if the board choses not to support [my motion], I’ll go out and get the signatures with folks to call a Special Town Meeting… I’ll be outside Market Basket at 6am tomorrow.”

Selectmen & Town Manager React

“I feel like in order to move on a motion like this, there needs to be an understanding of the dollar value?,” responded Selectman Mike Champoux. “Also, to call a Special Town Meeting, there’s a sequence of dates that needs to be adhered to. Would we have sufficient amount of time to do the postings and legal logistics?”

“We would allow the voters to let us work out a deal,” responded McCoy. “And I’ll leave it to the Town Manager to do the sequencing, but [the Annual Town Meeting date] fall within the 45 days to call a Special Town Meeting.”

“There would need to be a Finance Committee and Planning Board hearing. There’s posting requirements for each of those,” responded Hull.  “The bigger question is having a dollar amount that the Selectmen is prepared to recommend to raise and appropriate at Town Meeting.  Typically, if the intent is to take by eminent domain, the town would have to contract an appraiser to look at the property and come up with a value. Then there’s a series of legal steps that go beyond that.  I’m not sure we could get that all done between now and May 5. We’re talking a little more than a month. This is kinda by surprise.”

“If the Selectmen were to vote for this tonight, you’d have 42 days. You could get it done if it’s the board’s intention,” said McCoy. “I’m not trying to twist any arms. We would have the time to do it, no question in my mind.”

“I’m not opposed to buying the land, but is this the right avenue?,” questioned Selectman Ed Loud. I’ve never heard of a Special Town Meeting with a Town Meeting? Is that something se can do?”

Town Manager Hull confirmed McCoy’s claims that it’s been done in the past.

“Special Town Meeting would be held at the very start, and then we’d go into Annual Town Meeting,” recalled Hull.

“If this is the right way to do it, I won’t object to it,” responded Loud.

“I kind of presumed a Special Town Meeting would end up getting called, but not at this Annual Town Meeting,” said departing Selectman Mike Champoux. “I presumed you folks would have to tackle it sometime in the summer.  This is cranking it up a notch, or several notches… It’s creative… I’ll give you that, Mr. McCoy.”

“Where would we come up with the funding for this?,” asked Hull.

“You’re the town’s Chief Financial Officer, I leave it up to you. Whatever you think is in the best of interest of the town,” responded McCoy.

McCoy noted his article leaves all financial options on the table, including appropriation through the tax levy, available free cash, or borrowing.

Champoux then re-stated McCoy’s intentions with the article.

“This article is really to authorize the Town Manager and Selectmen to engage in conversations with the land owners to see if there’s a purchase price that makes sense and – if not – to begin the process of eminent domain.”

When asked what he’s envisioning the town using the property for, McCoy said he had no specific proposals at this time.  He was sure the town would eventually make the best decision regarding land use.

Town Manager Jeff Hull noted it wasn’t possible to have a conservation with the Sciarappa owners prior to the Town Meetings because one side doesn’t want to meet with town officials until after the rezoning article is voted upon, and the other side hasn’t even responded to the town’s request to meet.

“If the intent is to acquire the property at this time, it’s going to have to be done by eminent domain, unless the intent is to wait until after Town Meeting and find out what the outcome of the zoning article is and then pursue it,” said Hull.

Hull also had some logistical questions about when to start the Special Town Meeting, noting the Town Meeting is already being advertised for 10:30am.  Hull is not sure if the Special Town Meeting should be advertised for a different time, like 9:30am.

Hull also offered a word of caution.

“If this were to go to Town Meeting and the Town Meeting authorized the town to acquire the property, that – in and of itself – doesn’t make a potential zoning change null and void,” said Hull. “All that article is doing is authorizing the town – through the Selectmen – to acquire the property. It doesn’t go beyond that. You could have a situation where this article passes to authorize the town to go forward to acquire the property and it’s still conceivable that the vote could go forward on the rezoning article.”

Selectman Mike Champoux then explained his opposition to McCoy’s idea.

“You say the people want [the town to purchase Sciarappa Farm]. My inclination is that some people clearly want this. They’re very vocal, but we haven’t had Town Meeting yet. There is a warrant article, which will ask the people what they want, whether they’re reception to rezoning that lot. My feeling is I want to hear what the people want,” said Champoux.  “I’m not opposed to your Special Town Meeting, but I am opposed to having it inside regular TM. If the voters of Wilmington go to the Annual Town Meeting and vote down the change of zoning, I would then strongly support your efforts to schedule a Special Town Meeting and begin that process.  I’m not inclined to support it right away.”

“Let’s say the rezoning vote takes place and it passes. The price of the land would then become astrological. Then I wouldn’t want to buy that. We wouldn’t be able to pay that price,” said McCoy in response to Champoux wanting to wait to schedule a Special Town Meeting. “It’s too our advantage to take action right now. Otherwise, we’re going to blow it… I hope you change your mind and go out on a high note.”

“And you’ll probably get the signatures [to call a Special Town Meeting] even if we do say ‘no’,” Selectman Kevin Caira said to McCoy prior to the board vote.

McCoy, Caira, and Loud voted to support McCoy’s motion. Champoux voted against it. Selectman Greg Bendel abstained.

After the vote, Champoux turned to the Town Manager and remarked “Jeff, you have some work to do.”

(NOTE: Wilmington Apple will provide more details about the Special Town Meeting, including an official start time and date/time for the Finance Committee/Planning Board Public Hering, once they become available.

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