Good afternoon,
As a follow up to my last post, I want to present some updated information regarding the petition I discussed last week. These are the facts as best as I can communicate them on short notice. Included are references to the state statutes and town ordinance.
-The Selectmen are required to warn a town meeting following the submission of a petition with 50 validated signatures (completed).
-The Selectmen are not required to warn a meeting unless the board is reasonably certain that the object of the petition is lawful, proper and not frivolous.
-The easement cannot be permanent because any action taken by a town meeting can subsequently be reversed by a future town meeting. That is a primary feature of our town meeting form of government.
-An easement would potentially reduce the value of the land significantly, so in a future sale to the Aspetuck Land Trust, the town may receive significantly less money. (final appraisal pending as arranged by the Land Trust).
-The fate of the current tenants, the New England Prayer Center, Gina and Daniel Blaze is not addressed. The petition as written makes no accommodation for their staying so petition would necessitate their eviction.
-The petition is for a Special Town Meeting to instruct the town to provide an easement. If this passes in a Town Meeting, then the easement will have to be written by the town (assumedly by the Board of Selectmen). Subsequent approval of the town will be required.
-The land use ordinance prevents any sale of this land to anyone who would develop it without a town meeting. For the town to develop, it would require funding from the town and any amount spent over $20,000 requires a town meeting as well.
Here is the exact petition: The Town of Easton shall provide a permanent conservation easement on the remaining portion of the real property owned by the Town and commonly known as 18-22 South Park Avenue. The permanent conservation easement will provide that the property remains in a natural and open condition for the conservation, open space, agriculture, green space or water supply purposes. The easement will include a requirement that the property be made available to the general public for passive recreational purposes. This permanent conservation easement will not preclude the Town from selling the property to Aspetuck Land Trust Inc. at a time when the purchase price is determined by independent appraisal and Aspetuck Land Trust has the fund to accomplish this sale.
The need to call a special town meeting is governed by state statute and local ordinance. From Easton town ordinances § 200-3 Special Town Meeting.
A Special Town Meeting may be convened for any proper purpose by the Selectmen of the Town or by a petition of 50 (50 takes precedent over 20 in state statute) inhabitants qualified to vote at such meeting submitted in accordance with Chapter 90 of the General Statutes.
From Connecticut general statutes. Chapter 90. Sec. 7-1. Annual and special town meetings. Holding of meetings outside town. (a) Except as otherwise provided by law, there shall be held in each town, annually, a town meeting for the transaction of business proper to come before such meeting, which meeting shall be designated as the annual town meeting. Special town meetings may be convened when the selectmen deem it necessary, and they shall warn a special town meeting on application of twenty inhabitants qualified to vote in town meetings, such meeting to be held within twenty-one days after receiving such application. Any town meeting may be adjourned from time to time as the interest of the town requires.
No duty on the selectman to call a meeting pursuant to a petition where object is unlawful, frivolous or improper. 16 CS 486; 19 CS 216. While the board of selectmen is required to warn a town meeting on petition of twenty (50) inhabitants qualified to vote, there is no duty to warn a meeting pursuant to such petition unless the board is reasonably certain that the object of the petition is lawful, proper, and not frivolous. 32 CS 237.
Below are the codes for the state and town statutes regarding a town meeting:
https://www.cga.ct.gov/current/pub/chap_090.htm
I will include the legal opinion of the town’s attorney Ira Bloom as soon as it is formalized.
In conclusion, a conservation easement, even though it does not seem that it can be made permanent will be considered at the town meeting. The significant loss of value and potential sale price is a significant variable to consider especially if the potential gain can be reversed. Whether the easement would get reworked to allow the New England Prayer Center to stay, must be considered as the petition would indicate it was not considered by the signees. The definition of passive recreation may or may not be further clarified.
Thank you,
David Bindelglass
