Scimone Land Sale to Developer Green-Lighted

The Concord selectmen gave up the town's right to buy a six-acre parcel of farmland belonging to the family of Anthony Scimone on Monsen Road.

According to state law governing farmland, the so-called Chapter 61A law, when farmland within a community changes use and comes up for sale, the town gets the right of first refusal to buy it or allow it to be sold to another buyer.

The Scimone land at the end of Monsen Road came up for sale following the death of Anthony Scimone. The family is selling the land in order to maintain the rest of the verdant farm that has stood for generations on Old Bedford Road.

"We looked favorably on this as a way to help the family," said Selectman Jeff Wieand. "We are not pursuing the waiver in exchange for getting the right of first refusal on the balance of the property."

Town Manager Chris Whelan said the land will be sold to Mark White for almost $2 million with the condition that he receive permits to build eight single-family homes on the 6.75 acre parcel.

Whelan said that with the condition attached to it, the sale could not go through.

"Therefore the family was in a bind," said Whelan. "Their sale couldn't go forward.  The selectmen recognize that the family is reluctantly selling this land for development, but needs to do so to meet the on-going expenses of operating the farm. So the selectmen offered to waive the Town's first refusal rights concerning this land, even though the offer did not really conform to the law, so that the deal could move forward."

"In exchange for this action, the family has agreed to grant to the town a perpetual right of first refusal to purchase the remaining 20 or so acres that comprise the core of the farm," said Whelan.

He said the town attorney will be preparing a document to this effect in the coming days.

"The selectmen continue to wish the family success in their efforts to keep the farm viable," said Whelan.

The Scimone Farm includes six parcels of which Lot 1059 on town maps is the one that will now go to White and Bentley Builders for development into housing. A dirt driveway to a barn will be developed that will loop around to join Monsen Road.

"We want to negotiate with the family for the rest of the land," said Wieand. He said the sale of parcel 1059 is "contingent on an agreement" that the town can negotiate for parcels 1040, 1041, 1042, 1043 and 1059-1 at the appropriate time.

Bentley Builders signed a Purchase and Sale Agreement with the Scimones in June but the sale was held up while the town deliberated on its rights under 61A.