The town is still awaiting answers from attorneys involved in the pending sale of the Indian Meadows Golf Club regarding its right to buy the course, Town Administrator John Coderre said yesterday.
At a selectmen meeting on June 26, he told an overflow crowd of residents that the town?s legal counsel believes the club and its potential buyer incorrectly informed the town of its right to buy the property.
The club?s buildings and entrance are in Westborough, but most of the course ? about 63 acres ? is in Northborough. That land is classified as recreational for tax purposes, meaning that its owner enjoys a tax break.
In return for the tax incentive, the town under state law is allowed to buy the land before anyone else, called the ?right to first refusal.?
Club owner Arthur Billingham has signed a purchase and sales agreement with a college baseball development program, the New England Ruffnecks, to sell the property for $1.9 million.
The Ruffnecks? attorney informed the town of the purchase on May 29, which the town initially believed opened a 120-day window to decide if it wanted to buy the property.
That set off a frenzy of calls and emails from neighbors who don?t want the noise and lighting problems they say would come from the Ruffnecks, who intend to build four baseball diamonds and host tournaments.
Selectman Jeff Amberson said on June 26 that he had received about 112 emails on the topic in the preceding 48 hours.
Selectman Leslie Rutan said she had also received ?a ton? of emails, noting that they were the most well-written emails she has ever received.
Coderre said those residents ?can all take a deep breath,? because, according to legal counsel, the Ruffnecks? notice did not begin the ticking of the clock since it did not include a separate purchase price for the land in Northborough.
Ruffnecks attorney Mark Donahue, of the Fletcher Tilton law firm, couldn?t be reached yesterday afternoon for comment.
Coderre said it could be weeks or months before the town gets a reply to a letter it sent informing the Ruffnecks of its position.
?Until we know that basic information, we?re going to be in a holding pattern,? he said.
Selectman Aaron Hutchins, a lawyer, said he could see things getting messy.
?This could get embroiled in a legal snafu if the attorney representing the sellers decides to push forward on the purchase and sales (agreement) that exists currently,? he said. ?There are a lot of things that could happen.?
In the meantime, the Ruffnecks have filed an application with the Zoning Board of Appeals for a variance they need to carry out their plans. The board is expected to hold a public hearing on the application on Aug. 6.
(Brad Petrishen can be reached at 508-490-7463 or bpetrishen@wickedlocal.com. For Northborough news throughout the day, follow him at twitter.com/Brad_Petishen.)
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