Published in the June 30, 2016 edition

By BOB TUROSZ

NORTH READING – The Selectmen held the second of two meetings with Valerie Taylor, 13 Magnolia Rd. last week and at the end of a lengthy discussion reaffirmed their offer to sell a parcel of town owned land at 11 Magnolia Rd. for the replacement of her failed septic system. But the board was unwilling to go below a price of $9,950.

There’s a lot of history behind the whole subject, stretching back 1½ years when Mrs. Taylor learned her failed septic system was actually built not on her land but on the adjoining lot at 11 Magnolia Rd. – land the town acquired as part of the Eisenhaure Pond Park eminent domain land takings in 2005.

In October 2015, Town Meeting authorized the Selectmen to file special legislation to take 11 Magnolia out of conservation/park land protection in order to convey it to the Taylors for a replacement septic system.

According to Town Administrator Michael Gilleberto, the town is willing to convey the land for the same amount it paid 11 years ago, $9,950. Mrs. Taylor asked the board to consider a more affordable price, $6,000, based on a number of factors:

• Tax revenue: It’s in the town’s interest to restore the land to the tax rolls and that will happen if the Taylors have ownership and pay taxes on the property.

• Public health: It’s in the town’s interest to resolve a public health issue as the failed septic system is leaching onto the town’s land and could pose a danger to her well water.

• Lower value: The value of the property could be less than the $9,950 because the failed septic system has been leaching there for years and the property is “essentially contaminated,” she said.

• Shared responsibility: Mrs. Taylor felt the town has some culpability for the situation since they retained the title company that failed to disclose the presence of a septic system on the land when the town took it by eminent domain.

“I’m just looking for an up–to–date, coded septic system. It’s been one and a half years, it’s not a sanitary situation,” she stated.

The Selectmen expressed sympathy for her situation and expressed a willingness to help by sponsoring the Town Meeting warrant article last October and by being willing to convey ownership of the land.

But they weren’t willing to go below the estimated $9,950 cost, the value of the property at the time it was taken in 2005, plus conveyance costs. Gilleberto said the the town has invested about $3,400 in legal fees over the matter – money the town isn’t necessarily looking to recoup.

Selectman Stephen O’Leary said the $3,400 in expenses should be considered “the cost of doing business.”

“We can’t convey property to someone for less than it cost the town to acquire,” said Selectmen Chairman Robert Mauceri. It would be possible for the town to finance the difference by placing a lien on the property.

Mrs. Taylor said she wasn’t comfortable with the idea of a lien on her property and she feels the town has some responsibility for the problem. “I feel like the town has some ownership (of the problem). This was a problematic taking. To say the town has no responsibility is disappointing.”

O’Leary said he understood her reasoning but disagrees with her conclusion. To O’Leary, the culpability lies with whoever was hired to inspect or appraise the property when she bought her house. “That’s when it fell apart for you,” he said.

He said the town was trying to be fair by offering it for the $9,950 original price and about $1,500 in conveyance costs.

The conversation continued like this for quite some time. Building Inspector Jim DeCola said if the lot is conveyed, it would never be eligible as a separate buildable lot for zoning purposes.

Mauceri advised Mrs. Taylor to consider her options and get back to the Town Administrator on how she wants to proceed.

If an agreement is made, Health Director Robert Bracy said he would be willing to expedite the process as much as possible to get everything done as quickly as possible for the homeowner.