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Developer proposes donating 30 acres of open space at Rose Ridge; commission asks for due diligence and public access details

January 02, 2025 | Town of Middleborough, Plymouth County, Massachusetts


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Developer proposes donating 30 acres of open space at Rose Ridge; commission asks for due diligence and public access details
Representatives for the Rose Ridge subdivision informed the commission on Jan. 2 that they are proposing to deed about 30 acres of open space within the subdivision to the Town of Middleborough, rather than place a conservation restriction on privately retained land. The developer showed an aerial plan with the open‑space area marked; the hatched portions represent delineated wetlands and the developer said the open space includes roughly 18 acres of upland and 12 acres of wetland.

Commission staff cautioned that an outright donation would require municipal due diligence even if the land is being given at no cost. Staff listed standard items the town would want before accepting title: a current title exam, a survey showing precise boundaries, an environmental site assessment (Phase I), photo documentation (baseline), and town counsel review of proposed deed language. Staff estimated that those initial steps—title work, survey and Phase I environmental—could cost several thousand dollars (rough order of magnitude discussed in the meeting: mid‑thousands) and said the town would want permanent boundary markers and consideration of public access points.

Commissioners discussed the tradeoffs between a town acceptance of ownership versus the developer retaining ownership with a conservation restriction enforced by the commission. Commissioners emphasized the town’s prior experience with an encroachment issue at Tarragon Estates and noted the importance of clearly marking boundaries (boulders, concrete bounds, survey monuments) and setting up public access in a way that cannot be closed by a homeowners association if the access uses private roadways.

Next steps: The commission asked the developer to provide a stamped plan showing where clearing and infrastructure will be located relative to the proposed open space, to identify nearby conservation lands and corridors, and to return with detailed materials and, if possible, a proposed strategy for access (trailheads, parking, boundary markers). The commission suggested scheduling a follow‑up discussion at a February meeting once staff has had time to consult with town counsel and planning on the approach.

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Scribe from Workplace AI
Scribe from Workplace AI