The Community Preservation Committee on Thursday unanimously approved an article for the May 2 Annual Town Meeting warrant recommending the purchase of the Carbone’s Restaurant site for open space and town use.

The town expressed interest in purchasing the Carbone’s Restaurant property, located at 280 Cedar Street, at the border with Southborough and Ashland. The article includes purchasing an adjoining parcel in Ashland.

Dan Terry, the CPC’s Parks & Recreation Commission liaison, said the amount of land designated as open space should be quantified in the article. He also suggested that an easement be included to allow access to Cedar Street and nearby parking.

The total property would be subdivided for open space and town use. The Carbone’s Restaurant site is approximately 12 acres.

Lazarus noted that she was “unsure if a town can grant an easement to itself.” She suggested that the word “access” be used instead.

After some discussion, members agreed that “5 acres, plus or minus” should be kept as open space at the suggestion of Conservation Commission liaison Jim Ciriello.

CPC sets purchase price, conditions

Members agreed on $225,000 as a purchase price. The money would come from leftover state grant funding and the balance from the CPC’s open space funding reserve

The $225,000 would be put toward the open space land purchase as well as legal and administrative expenses. It also would fund a planning study and surveying costs to identify the boundaries of the CPC-funded portion, Weismantel said.

Town funds would cover the remainder of the total land purchase price, he added.

Several conditions were placed on the purchase. A conservation restriction must be placed on the CPC-funded land within six years of purchase. The conservation restriction would allow for trails. This land would be held under the jurisdiction of the Open Space Preservation Commission.

If the CPC funding is approved at ATM, the grant would expire on July 1, 2028, unless the CPC extends it beforehand. The money would be spent under the direction of the Town Manager’s office and the CPC. Access to Cedar Street and the nearby parking was an additional stipulation.

Winter Street property purchase recommended

The committee voted unanimously to recommend the purchase of a small, triangular-shaped property off Winter Street for $35,000. Weismantel explained in a text to the Independent on Friday that it likely had been donated to First Congregational Church (now Faith Community Church) as a tax write-off because it is landlocked. This grant would expire in July 1, 2027, unless the CPC extends it beforehand.

The other purchase conditions were the same as those for the Carbone’s property. The one exception was that the conservation restriction be placed within five years of purchase.

Weismantel explained that the proposed purchase of what was referred to as the McBride property should be scrapped. The two parcels equal approximately 25 acres, according to Shannon Isaacs, the Land Use Department’s main administrative assistant. She stated in an email to the Independent on Friday that the town had hoped to acquire both parcels for open space.

“At this point, I don’t think we’re going to get there,” Weismantel said. “I just sense that we’re going to have a hard time coming to [an agreement] with a willing seller at a price that this board is willing to pay.”

Pyne Field redesign article withdrawn

The board voted unanimously to accept the withdrawal of an article proposed by the Parks & Recreation Commission for $1.8 million to redesign Pyne Field to include a baseball field and cricket pitch. Safety concerns, rising costs and project’s feasibility were raised at CPC and Planning Board meetings in the fall.

Weismantel said the approved funding request could be modified to allow the commission to explore other options.. This would require an ATM vote.

Additional warrant articles approved

The board unanimously approved the submission of all recommended CPC articles to town counsel for review before they are placed on the warrant.

These articles were approved at the Dec. 11 meeting. They included $2 million for removal of hazardous materials from the Center School, three historic preservation articles and two articles proposed by Parks & Rec.

State constitution points to CPC missteps

Weismantel said he recently learned about the implications of Article 97 in the state constitution. Known as the Open Space Act, it “establishes a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth,” according to the state website.

He said it is his understanding that Article 97 requires conservation restrictions on open space and recreation parcels funded with Community Preservation Act allocations.

“We haven’t done that forever,” said Weismantel.

He explained that this ensures that the land remains in use for its intended purpose of public recreation. If a municipality seeks to repurpose the land, it must go through an arduous process that includes petitioning the state Legislature and receiving a two-thirds majority vote from both houses. If approved, the municipality must reallocate twice the amount of that land as a public recreation space to compensate for the changed use.

Conservation restrictions for open space parcels usually are held by the Hopkinton Area Land Trust, Weismantel noted.

This statement provoked a lengthy discussion about whether to explain this policy at Annual Town Meeting. Weismantel said that the land previously approved for recreation projects funded by the CPC will likely be limited to future recreation projects. He mentioned the adaptive playground and the dog park as examples of land that could only be repurposed down the line for recreational use.

Steve Levandosky, the OSPC liaison, recommended that the CPC seek the advice of town counsel on the matter.

Terry agreed. He feared that the state law requirement would be voted down due to a lack of clarity.

“This is going to take an hour to explain,” Terry stressed. “No matter what’s decided, it has no effect on what happens going forward.”

McFarland-Sanger House discussed

Vice chair Eric Sonnett discussed the potential sale or lease of the historic McFarland-Sanger House to Deerfield Estates, a condominium project near the property on Lumber Street. This idea was raised at the Jan. 6. Historical Commission meeting.

Sonnett, a Historical Commission member, said the house “needs to be rehabilitated” because it has fallen into serious disrepair. After the building’s restoration cost is estimated, he said the commission may seek reinstatement of previously approved funding for this project.

“At this time, we own something that we wish we did not,” he said. “Let’s go from there.”

Confidence restored in HHA project management

Sonnett, the liaison to the Hopkinton Housing Authority’s CPC-funded outdoor space improvement project, reported significant progress.

The CPC in November voted to reinstate funding and allow work to resume after it questioned the HHA’s adherence to reporting and procurement practices. 

At the HHA meeting the previous night, Sonnett said executive director Hayley Fetrow submitted a thick packet to him. It contained multiple vendor estimates for equipment purchase and a clear plan for installation. Votes were taken for all equipment selections.

“The bottom line is they have done everything that we asked them to do, and they’ve done it enthusiastically,” said Sonnett.

Executive session focuses on potential land purchase

Prior to the meeting, the committee met in executive session for 70 minutes “to consider the purchase, lease, sale or value of real estate in the vicinity of Cedar Street, Winter Street and Whalen Road,”  the agenda stated.