By Michelle Murdock, Contributing Writer
Southborough – The fate of the Burnett/Garfield property, located at 84 Main St., was discussed with residents at the Nov. 18 Board of Selectmen’s meeting, but it wasn’t until after an executive session later than night that final details of an agreement were reached that will preserve the house and property in perpetuity while restoring the property to its 19th-century splendor. The agreement includes a deed restriction that would ensure that the four structures on the property are never demolished and the overall parcel never subdivided.
Details of the agreement as spelled out in a press release from the office of Town Administrator Mark Purple explained that the town will purchase all development rights to the parcel for $750,000 in Community Preservation Act (CPA) funds, all of which would be reinvested in restoring the property.
In addition to the demolition prohibition, owner Jon Delli Priscoli would agree to a deed restriction that “negates in perpetuity all rights to subdivide the parcel, currently approved for four lots and appraised at $2.1 million.”
But Southborough voters will have the final say as the agreement still has to be approved by Town Meeting and, according to Purple, the intention is to hold a Special Town Meeting this winter, sometime after Jan. 15, allowing for the meeting to be properly noticed and advertised 45 days in advance. A second requirement calls for an application to be made to the Community Preservation Committee (CPC) to fund the project, since the issue can only proceed to Town Meeting if the CPC votes to expend CPA funds for the project. According to Purple, the date for that meeting is not yet set.
During the summer, the town received information that the property was being sold, the mansion demolished and the lot subdivided into four individual lots, but when the purchase and sale agreement required an extension, Delli Priscoli, having heard about residents’ desire to save the house, did not grant one. Instead, he approached the town to see if the house could be preserved.
“Based on the reaction to the plans announced by a potential buyer earlier this summer, we know there is broad support in town to keep this property intact,” said Selectman John Rooney.
“This is a win-win situation for the town and for my family that saves an irreplaceable cultural and historic resource for all time,” said Priscoli said. “I hope that the majority of Southborough residents see it that way.”
At the selectmen’s meeting Nov. 18, the majority of residents attending were in support of preserving the property, but there was one resident with a different opinion who was concerned about the use of CPA funds “to help a private landowner.”
When asked by email if the town had ever invested CPA funds in a property that it does not own, Purple said that a similar agreement was done with Chestnut Hill Farm several years ago.
“A preservation restriction (PR) basically buys the development rights from the property owner, and requires that the property be maintained in its current form without further development. That is what is being considered for 84 Main St.,” Purple explained.
“Our tremendous historical assets in Southborough, like the Burnett House, all help define what makes our town special,” said Selectman Paul Cimino. “But people can differ on the question or preserving this property, so ultimately the final decision is exactly where it should be, in the hands of Southborough voters.”
The next steps call for town counsel and Priscoli’s attorney to put the details into a proposed contract subject to Town Meeting approval. As outlined in the press release, the anticipated features of the agreement are as follows:
The Town would receive:
1. Ongoing property taxes on the property at the normal rate – no special deal.
2. A comprehensive Preservation Restriction covering the entire property evidenced on a recordable deed, existing in perpetuity:
a. Permanent prohibition against demolition of any structure on the property;
b. Permanent prohibition against subdividing the land (to remain a single large lot);
c. Owner waives all present and future development rights;
d. Permanent open space restriction protecting historical view of grounds and structures;
e. Permanent prohibition of unnecessary cutting of monumental trees, except upon consultation of owner’s arborist and town tree warden at owner’s expense;
f. Town to have right of first refusal on any future sale of the property outside owner’s immediate family, which town would be allowed to assign to a nonprofit or charitable entity.
3. Additional contractual commitments by owner, as follows, at owner’s expense:
a. Complete period restoration of the exterior and interior of main house over the next 48 months. Chapel, carriage house and summer cottage to follow;
b. Relocation of summer cottage to original position overlooking aqueduct, pending town approval;
c. Pending DCR and Conservation Commission permission, complete removal of invasive species and other vegetation along aqueduct to restore entire bank to 19th-century appearance;
d. Exterior landscape to be in the spirit of the original 19th-century Frederick Law Olmstead design;
e. Permanent maintenance of isolated grass area on corner of Deerfoot and Main, including placement of a low-lighted historical marker and house sign;
f. cooperation with town on the Main Street reconstruction project, as it relates to curb cuts, sidewalks, landscaping and stone walls;
g. Access to the house for educational visits by Southborough schools, Historic Commission and other specific agreed-upon events;
h. All proceeds received by owner must be used for restoration and invested into 84 Main St.
i. Owner agrees to seek necessary use variances to allow use of the main house as an eight-unit B&B and/or carriage house as an antique shop.
The Owner would receive:
1. $750,000, which would be drawn from currently available Community Preservation Act funds, pending CPC and Town Meeting approval.
2. Cooperation of town in obtaining DCR and Conservation Commission permission to remove all invasive plants/brush along aqueduct to 19th-century appearance.
3. Approval from town to relocate summer cottage to original location at rear of main house.
4. Assistance from the town to list the house on the National Register of Historic Places.