Thursday, February 15, 2007 Older Editions

Town looks to trump Cormier bid

By Brian Messenger

Andover officials plan to ask Town Meeting for $2.1 million to buy nearly 13 acres of farm land they say will be otherwise sold to a developer. But the farmer says he has no interest in selling.

Why then, does the town say it has a signed purchase-and-sale agreement between the farmer and a developer?

Andover farmer Armand Garabedian has grown squash, peppers, eggplants and cabbage on his nearly 13-acre property at 15 Blanchard St. for more than 33 years. He says he has no plans to stop anytime soon.

"It's being farmed right now by me, which is my living," said the 67-year-old Garabedian, owner of the property since 1973. "I want to continue doing what I'm doing."

Informed of Garabedian's response, Town Manager Buzz Stapczynski expressed surprise. According to Assistant Town Manager Steve Bucuzzo, North Andover attorney Angela Steadman sent the selectmen a signed letter on Dec. 28 informing them of a purchase-and-sale agreement for $2 million between Garabedian and his wife, Sandra, and real estate developer Yvon Cormier. Because the 12.92-acre parcel has been used for agricultural use for years, under a state law the town was granted first right of refusal to the property, meaning it has the opportunity to buy the land itself.

Stapczynski has on several occasions expressed his desire to acquire the land, located west of Interstate 93 and south of Route 133. A Town Meeting warrant article has been submitted at the request of selectmen to buy the property.

But Garabedian, contacted twice this week, said he signed no purchase-and-sale agreement, and has not had any contact with either the town of Andover or Cormier, the well-known Andover real estate developer.

"Like I told you before, I don't want to sell it. I've got no interest in selling it," said Garabedian on Tuesday.

When asked if he had entered into any legal agreement with Cormier, Garabedian said, "Not me. I haven't heard a word from him. I don't even know what he looks like. I've just heard of him."

"I have no interest in selling it. I can't tell you anymore than that," he said of his farm.

Bucuzzo said the town has a copy of the purchase-and-sale agreement, signed by the Garabedians and Cormier. The letter from Steadman informed the board that the town had 120 days to act upon their right of first refusal, as underlined in Massachusetts General Law Chapter 61A.

Under Section 14 of the law, which outlines the assessment and taxation of agricultural and horticultural land, a city or town has a 120-day period to meet an offer that would sell such land and transfer it to usage other than for agriculture or horticulture.

"The town was notified by his attorney about the right of first refusal (and) that he was planning to sell the property," said Bucuzzo. "I'm not sure that interest has been conveyed back to the owner. It has been conveyed back to the attorney."

Neither Steadman or Debby S. Bolan, whose name Bucuzzo said also appeared on the letter, returned calls to the paper before Townsman deadline. Garabedian said he has not had contact with either lawyer.

A representative of Cormier also could not be reached before press time.

"Obviously, the selectmen have expressed an interest in obtaining the property. That's why there's a Town Meeting article to do so," said Bucuzzo.

"Certainly, a big tract of open space is of interest for the town of Andover," he said, also noting that Cormier is looking to develop the land for residential use.

"His intention is to purchase the land to put some houses on it. That's pretty obvious. That's what he does for a living," said Bucuzzo. "Large pieces of land are a premium in town."

Town Manager Buzz Stapczynski said Andover would likely be able to purchase the 15 Blanchard St. property within 60 to 90 days after Town Meeting approval, although the legal notice sent to selectmen said the town had until April 27 to mail a notice to the property owners, according to Bucuzzo.

"We see it as an opportunity for a school site or a recreation site," said Stapczynski. "The size, the availability, the price, and the location - there's a considerable advantage to that site from that perspective."

Noting how land purchased in the 1950s by the town was eventually used to build Bancroft, Sanborn and South elementary schools in the late 1960s and both Wood Hill Middle and High Plain Elementary schools in 2002, Stapczynski saw this potential acquisition in a similar light.

"I'm modeling this off of what our predecessors did, which is take advantage of the opportunity when it presents itself," he said. "I view this as the same opportunity, I think we have to take advantage of it when it comes up."

When asked if the town has contacted the Garabedians, Stapczynski said, "No. And I wouldn't. We're dealing with the attorney. I would have little to no contact with them."

Stapczynski said all contact with the attorney has been done in writing.

"That's the only place I own. It's my house. Why would I want to sell it for?" asked Garabedian. "It's a funny situation. But that's the way it is."