(Information Compiled by the Wilbraham Open Space and
Recreation Plan Committee)
Introduction
Wilbraham, Massachusetts has been blessed, to date, with what has been characterized as New England rural charm. Visitors, and residents as well, speak glowingly of the town's quaint characteristics: colonial homes, stone walls, tree-lined roads and an atmosphere of relaxing serenity.
We are fortunate to retain these characteristics, but as population increases and as housing developments encroach upon the town's open space, the rural charm will dissipate. To perpetuate this charm for our own appreciation and to save the pleasurable environment which today's townspeople enjoy for future residents, it is urgent for the town to act today to save the open space which we are prone to take for granted.
There are still many acres of open space in Wilbraham which could be developed. How much actually will be developed in the years to come is of course not known. We cannot assume that the land owners of today who truly love the land and wish it to remain forever wild will not be tempted to sell it to developers who could mar its natural beauty.
If all of these open acres were in areas of one-acre zoning, we would have a potential increase of homes and a substantial increase in town services. Many studies have shown; however, that the cost of development does not pay its own way in new tax revenues.
Without active intervention, open space most probably will diminish. We must realize open space's value in preserving clean air and water, forest and agricultural lands, and wildlife habitats. The existence of open space enhances a community both aesthetically and economically. Property values tend to rise near open space. The value of open space will not depreciate through time while its benefits can only increase.
To retain the present character of the town, citizen support is a must. It is imperative to support land acquisition proposals at town meeting and to encourage landowners to think of preserving the beauty of our town when they decide to transfer ownership of their land.
Scenic Roads
In 1973 the General Court enacted into law the Scenic Roads Act which authorizes municipalities of the Commonwealth to designate any street other than a numbered route or state highway as a Scenic Road. The Wilbraham Conservation Commission subsequently introduced an article on the warrant of the 1974 annual town meeting which received the overwhelming approval of the voters.
Under provisions of the law, any repair, maintenance, reconstruction, or paving work done with respect to Scenic Roads shall not involve or include the cutting or removal of trees or the tearing down or destruction of stone walls except with prior written consent of The Planning Board. The Planning Board must hold a public hearing before making any decision concerning the provisions of the law.
Much of Wilbraham's charm and rural appeal is due to its roadside trees and stone walls. Designation of the major roads of the town as Scenic Roads gives greater assurance of continued roadside amenities. The provision of a public hearing affords the opportunity for citizen reaction and input; everyone opposed to the widening and straightening of roads in town will thus have an opportunity to be heard should such action be suggested or requested.
The
following are designated as Scenic Roads under the provisions of Chapter 40,
Section 15C of the General laws:
Beebe Road, Bennet Road, Bolles Road, Branch
Road, Burleigh Road,
Chilson Road, Crane Hill Road, East Longmeadow Road, Faculty Street, Glendale
Road, Hollow
Road, Main Street, Maple Street, Maynard Road, Monson Road, Mountain Road, Ridge
Road,
Soule Road, Springfield Street (main street to Faculty Street), Stony Hill Road,
Tinkham Road (from
Main Street East).
Estate Planning And Your
Land
It is not at all unusual for landowners who truly love their very own portion of God's Great-Outdoors to wish it to remain forever in its natural condition. However, problems of increasing taxes and personal finances frequently force such landowners into transferring ownership of their holdings.
The following are ways in which landowners can preserve land for conservation and receive a financial benefit as well as the assurance that their land will forever be retained as natural open space free from the threat of development.
Conservation Gifts
A conservation gift is a donation of land, or a conservation restriction on a piece of land, to a qualified land trust or agency (an IRS-recognized conservation organization). Non-profit land trusts and conservation organizations, municipal conservation commissions, and conservation agencies are qualified recipients.
The outright gift of land will usually result in the most tax savings to landowners. Aside from avoiding any further real estate taxes or estate and inheritance taxes on the value of the land, which would apply also to the sale of the land, maximum savings are obtained from federal and state income and capital gains taxes. Gifts of land permanently protect the land, remove property tax liability, reduce income tax by deducting fair market value of the gift and reduce estate tax by removing property from the estate.
Even if landowners feel that they must receive some cash on the disposition of their land, they should still consider selling it for conservation purposes for less than its fair market value. They can deduct, for Federal income tax purposes as a charitable contribution, the difference between the fair market value of the land and its "bargain or charitable sale" price.
Sale to a Municipality or to a Non-Profit
In the case of an outright sale of land for fair market value, the landowner would pay a Capital Gains Tax on the difference between his cost (basis) and the sale price.
Bequeathing Land
In many cases, the most important consideration in the disposition of land is not real estate or income taxes but rather estate taxes. The simplest and best known method of transferring property at death is by means of a provision in one's will. Land willed to a qualified organization will not be subjected to estate or inheritance taxes. However, the income tax deduction is lost by waiting until death to make a gift. By giving land during their lifetime, landowners simplify the settlement of their estate and reduce probate costs.
Conservation Restrictions
Landowners may wish to retain ownership of their land for the benefit of themselves and their family, together with all rights to use it in its undeveloped state and to transfer ownership of it by inheritance or sale. They can accomplish this purpose and still obtain substantial tax benefits by donating a conservation restriction in perpetuity.
A conservation restriction is a legally enforceable agreement between the owners of real property and a qualified organization in which the owners promise to keep their land in essentially the same state as it is at the time of the agreement. A conservation restriction runs with the land, and is therefore binding upon any subsequent owners of the real estate.
An important fact to remember about conservation restrictions is that the title to the property remains with its owner. In addition, the public does not obtain any rights to enter upon restricted land unless the landowner gives specific permission. Thus, a person who agrees to such a restriction may remain on his property and use it in any manner he wishes, provided that the land is kept in its natural state consistent with the terms of the restriction. The owner may sell or lease his property and may transfer ownership of it in his will. The restriction, however, will be binding upon the lessees, grantees, heirs or any other future owners of the land.
A person agreeing to a conservation restriction also insures that the integrity of his property will be maintained after his death, rather than be sold to a developer by unwise heirs or executors.
The landowner who donates a conservation restriction in perpetuity is permitted to deduct for income tax purposes the value of the restriction. The value is determined by subtracting the value of the property subject to the restriction from the original value of the property. A conservation restriction may reduce property tax by limiting the uses allowed on the property and can reduce estate tax because of restricted use of the property.
(The above information was taken, in part, from "Gifts of Land for Conservation," a booklet published by The Conservation Law Foundation, "Conservation Gifts" from the Massachusetts Land Trust Coalition, and "Conservation Options" from The Greater Worcester Land Trust.)
A good source for understanding Conservation Restrictions is “Conservation Restriction as a Land Protection Tool” by Robert A. Levite, Esq , UMASS Extension. http//www.rifco.org/Conservation.Restrictions.pdf
All of these issues are complex and require the services of an attorney; this summary is designed to help in giving direction to landowners.
Protected Conservation Areas in Wilbraham
(Note: The Open Space Committee is in the process of creating
websites on the areas below. Check the Open Space Web Page link below to see
which sites are currently available.)
HARDWOOD HILL is a relatively open second growth hardwood area with gently, rolling terrain - 30 acres.
WHITE CEDAR SWAMP is the largest white cedar swamp of this size found so far inland. It is very dense and mostly impassable except in winter. Delightful woodland trails surround the swamp - 185 acres.
FOUNTAIN PARK is the former site of State Pheasant Farm which was closed in the early 1980s. It features open fields, wooded trails, and passive recreation. It is the site of the annual Peach Festival and of summer concerts and other community events.
SAWMILL POND is a five acre pond with fishing (bass and pan fish). It also has an extensive alder swamp with trails and streams - 59 acres.
PESKY SARPENT is in the vicinity of the incident recalled in the "Ballard Springfield Mountain" whereby young Timothy Merrick succumbed to the bite of a "pesky serpent" while mowing hay. The area consists of old fields, thickets, and hillside woodland - 70 acres.
SUNRISE PEAK provides hiking, woodland discoveries, and a fine view - 72 acres.
BRUUER POND is good for observing aquatic life and birds and ice skating in the winter - 4 1/2 acres.
THAYER BROOK is a small stream surrounded by open woodland and overgrown old fields. It has an old cabin and a giant whale-shaped rock. It is located at the Community Gardens which has plots available to all residents - 166 1/2 acres.
TWELVE MILE BROOK is overgrown meadows and bottom land. The brook has trout fishing - 75 acres.
OLD SPRING HILL is hillside woodland with a view of Connecticut River valley. Old Spring was formerly used for lowland water supply - 15 acres.
CRANE HILL @ DANFORTH FARMS/MILL POND AREA features an old dam on Twelve Mile Brook and open fields with old ball fields. Hiking trails are available, and there is a disc golf course.
TOWOKOS, the Algonquin word for "forest", is a two-piece wooded area - 26 acres.
RICE NATURE PRESERVE is 150 acres with views, woods, open fields, hiking trails and wildlife.
DRUMLIN ESTATES is 31 woodland acres off Three Rivers Rd.
MCDONALD PROPERTY contains a barn and two fields. It is also the entry point to wooded trails and a walk through large hayfields.
Recreation Lands
SPEC POND RECREATION AREA
STONY HILL SOCCER FIELDS
STATE OWNED RED BRIDGE BOAT LAUNCH
POST OFFICE PARK RECREATION AREA
CRANE HILL DISC GOLF COURSE
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Town of Wilbraham
Open Space and Recreation Plan Committee