Approve 120 Day Waiver APR Notice

Post date: May 06, 2021 3:19:26 PM

This APR does not pertain to the current CPA request.

Dear Board of Selectmen,

This letter serves as a request for a public announcement pursuant to M.G.L. c. 7C, section 37 and 301 CMR 51.07(2). Accordingly, please find attached:

1) A “NOTICE OF PROPOSED ACQUISITION”, commonly known as the “120 Day Notice”, informing you that the Commonwealth of Massachusetts, acting through its Department of Agricultural Resources (“MDAR”), proposes to purchase an Agricultural Preservation Restriction (“APR”) on farmland in your municipality as described in the enclosed Notice. The return receipt attached to this packet will confirm that you have received this notice.

2) A “CONFIRMATION OF NOTICE” on this project. We ask that you (1) post and/or publish this NOTICE, and (2) hold a public announcement at which the NOTICE OF PROPOSED ACQUISITION is read into the record. This can be at a regular Select Board or City Council meeting, or at another public meeting for which standard legal notice was given. The municipality does not need to take any formal action on its part.

3) A “CERTIFICATE OF NOTICE” that following said adequate notice, the public announcement has been held within the Municipality not later than 120 days prior to the planned acquisition. Once the meeting has been held, please complete and return the enclosed signed “Certificate of Notice”. The date that you certify for the announcement starts the minimum 120-day (4-month) clock for closing on the APR.

4) A “CONSENT TO REDUCTION OF NOTICE PERIOD” for this project. The law also allows for reduction of the notification period if the local public officials and legislators so agree. Because of MDAR's priority classification of this farmland for protection, we ask that your municipality agree to reduce the 120 day notification period to 60 days to expedite the process. The closing for this project is a time-sensitive matter, and your cooperation in this request is very much appreciated by the Department.