Investigative Report
The Politics of the Bidwell Forest, Part I
or
It's for the Kids!
Copyright 2018 by David W. Runyan II
Other Investigative Reports by David W. Runyan II
Introduction
***UPDATE 6/20/23*** The town's attempt to get a highway ramp on South Athol Road has failed so they have abandoned their industrial park dreams for the Bidwell Forest and are turning their attention to making it a housing subdivision, which still violates what we were told, "land bank for future municipal usage" . . . private homes don't constitute municipal usage.
When I returned to town later that year virtually everyone was telling me the same story: that the Bidwell Forest was the site of a new school. I contacted town officials to inquire and was told it was a land bank for any future municipal project and not for schools exclusively. The response from town hall was in stark contrast to the unanimous local chatter.
I was curious. Where did the people get this idea? So I set out to discover the truth of the matter through investigative research.
Along the way, as often happens in investigative work, spurious curiosities arose, causing the scope of the report to expand. So many curiosities in fact that I decided to split the report into three parts to provide a sharper focus on each of the important elements.
And now, what I've learned about the politics of the Bidwell Forest.
The Politics of the Bidwell Forest, Part I
Getting Acquainted
If you live in Athol you're most likely familiar with this imposing white barn on South Athol Road at the intersection of Partridgeville Road. The barn and the 100 acres of forest behind it were the property of Dewey Bidwell until 2009 when the Town of Athol purchased the land from the estate of Mr. Bidwell.
from the photo archives of david w runyan II
The Bidwell Forest has some wonderful features. It's public property. You're free to explore it. Parking is available to the right side of the barn.
So before we step into the report, let's step into the forest.
Directly behind the barn is a nicely preserved stretch of the historic Rabbit Run rail bed. For those of you who might be unfamiliar, the Rabbit Run was a commuter rail connecting Athol and Springfield which was forced out of business by creation of Quabbin Reservoir.
The Bidwell stretch of the Rabbit Run is a charming grassy path, lined with ferns and over-arching trees. It's a pretty place to walk in all seasons.
from the photo archives of david w runyan II
Behind the rail bed are 100 acres of hills, trails, erratics and streams. Among the wildflowers present are the rare Trailing Arbutus, Wild Azalea and Mountain Laurel. Most of the trails are easy to moderate grades and a few are more challenging. I encourage my fellow Atholians to explore and enjoy this intriguing forest.
Addressing the Main Question
Did town officials lead people to believe that the Bidwell Forest was needed for a new school?
To answer this question I searched through Athol Daily News archives for the period 4/1/09 - 6/9/09 and watched the AOTV video of the special town meeting on June 8, 2009 pertaining to the debate and vote on the purchase of the Bidwell Forest.
I also requested the minutes of the Athol BOS meetings for the period 3/09 - 6/09 but was told that they can't be found. It is to be noted that there was no trouble finding the BOS minutes prior to and following this time period.
Here then is the body of available evidence.
Athol Daily News, April1, 2009, Page 1: The words of then town manager, David Ames as presented by reporter, Brian Gelinas: "Ames said the town would be purchasing the property for land banking purposes for future open space or other use, such as the location for a new elementary or high school facility or both. He added the property would also have economic development value, if new school facilities were located elsewhere.”
Athol Daily News, May 20, 2009, Page 1: The words of then town manager, David Ames as presented by reporter, Brian Gelinas: “The potential future use is up to the town's voters, said Town Manager David Ames recently. However, he noted the property is large enough for two schools or ball fields, and could also be used in other ways.”
Athol Daily News, June 9, 2009, Page 1: The words of reporter Brian Gelinas in his summary of the special town meeting approving the purchase of the Bidwell Forest: “Once purchased, the property, located to the east of South Athol Road at Partridgeville Road, will be land banked for future use by the town. Possible uses include, among others, being the site of a new high school or elementary school complex, the location of a new fire station, the site of new community ball fields, or a combination of uses.”
Notes from the AOTV video of the special town meeting, June 8, 2009, pertaining to purchase of the Bidwell Forest.
The first citizen to speak asked what kinds of uses are proposed for the land, to which town manager, David Ames replied by listing open space, fire station, schools, ball fields, and he referred to the parcel as a municipal land bank.
Toward the end of the debate, one of the selectman presented commentary in support of the purchase as follows: “The choice is pretty clear. We are going to hopefully look forward to the future and land bank this parcel of land so that the children of Athol” . . . he awkwardly truncated his comment, paused and then went on to explain how the little league has been searching for land for 25 years, how the land can be used for schools, or as he put it “any number of things”.
Did town officials lead people to believe that the Bidwell Forest was needed for a new school?
Yes, they did; repeatedly so. But they never stated that schools were the only possible use for the parcel. Each official comment begins with schools and ball fields and concludes with some figurative fine print disclaimer about “other uses”.
It's easy to understand how the people of Athol got this notion that the Bidwell Forest would be the site of a new school. They heard "It's For the Kids!" and ignored the fine print.
Why is this important? Because now the town plans to industrialize the Bidwell Forest. There's no more talk about schools, ball fields, fire stations and recreation. All of the reasons presented to residents as justification for buying this land have magically vanished into thin air. Town officials are pulling a bait & switch on the people of Athol; the details of which are revealed in Bidwell Part II.
The Grand Plan
But that's not where this story ends.
Town officials told us that the Bidwell Forest was needed as a possible home for our new elementary school which was coming soon and for our new high school which will be coming in the future.
Oh really?
In my research I discovered that the parcels of land on which the new elementary school was eventually built were purchased by the town in 1999, a full decade before the Bidwell purchase. If they bought the land for the new elementary school in 1999, why were they telling the people in 2009 that the Bidwell Forest was needed for the new elementary school? Isn't that a disturbing surprise.
Lots 87, 88 and 248 (outlined in blue) were all purchased in 1999 and are the location of the new central elementary school complex.
In addition to the parcels mentioned above, and 8 years prior to the Bidwell Purchase the town took 150 acres by eminent domain, linked it to a 60 acre parcel already owned by the town and leased the entire 210 acres to a small group of horse enthusiasts. This land was 3/4 miles from the elementary and middle schools and would have made a fine location for a new high school.
Eminent domain is a serious matter. It's an infringement upon private property rights and to be used only as a last resort for critical needs of general welfare (roads, schools, reservoirs and so forth) Creating a horse park for a small special interest group does not seem to fit that criteria, but according to the legal documents, the town of Athol found it a matter of necessity to take land to create a members-only equestrian park.
Since the town already had 1,000 acres of land and trails in Bearsden Conservation Area which are open to horseback riding why was it necessary to create a horse park for this small special interest group?
Another thing to consider is that if the town was willing to exercise eminent domain for a horse park, why did they not do the same for the Bidwell Forest instead of paying twice the appraised value? Are horses more important than children?
If the town truly needed a landbank for schools, why were these 210 acres not banked for future educational needs?
Schools and ball fields (the stated purpose of the Bidwell purchase) would benefit all 11,000 residents whereas the horse park benefits only a few horse enthusiasts.
Various Suspicious Issues
In addition to the lies and deceptions about the Bidwell Forest being needed for the new elementary school, parsing the available evidence revealed a number of other seemingly unethical and possibly corrupt political actions related to this land deal.
The town paid $550,000.00 for the Bidwell Forest which was appraised at only $300,000.00 This should have instantly raised the eyebrows of every citizen and been immediately reported to the Massachusetts Office of Inspector General.
Yes, they did; repeatedly so. But they never stated that schools were the only possible use for the parcel. Each official comment begins with schools and ball fields and concludes with some figurative fine print disclaimer about “other uses”.
It's easy to understand how the people of Athol got this notion that the Bidwell Forest would be the site of a new school. They heard "It's For the Kids!" and ignored the fine print.
Why is this important? Because now the town plans to industrialize the Bidwell Forest. There's no more talk about schools, ball fields, fire stations and recreation. All of the reasons presented to residents as justification for buying this land have magically vanished into thin air. Town officials are pulling a bait & switch on the people of Athol; the details of which are revealed in Bidwell Part II.
The Grand Plan
Link: Sustainability Plan
But that's not where this story ends.
Town officials told us that the Bidwell Forest was needed as a possible home for our new elementary school which was coming soon and for our new high school which will be coming in the future.
Oh really?
In my research I discovered that the parcels of land on which the new elementary school was eventually built were purchased by the town in 1999, a full decade before the Bidwell purchase. If they bought the land for the new elementary school in 1999, why were they telling the people in 2009 that the Bidwell Forest was needed for the new elementary school? Isn't that a disturbing surprise.
from AxisGIS for the Town of Athol
Lots 87, 88 and 248 (outlined in blue) were all purchased in 1999 and are the location of the new central elementary school complex.
from AxisGIS for the Town of Athol
In addition to the parcels mentioned above, and 8 years prior to the Bidwell Purchase the town took 150 acres by eminent domain, linked it to a 60 acre parcel already owned by the town and leased the entire 210 acres to a small group of horse enthusiasts. This land was 3/4 miles from the elementary and middle schools and would have made a fine location for a new high school.
from AxisGIS for the Town of Athol
Based upon its vast land holdings which predated the Bidwell purchase by a decade, it appears that the town deliberately misled the people by suggesting that the Bidwell Forest was needed for schools.
But the equestrian park turns out to be quite the suspicious and curious land deal in and of itself so let's consider it for a moment.
The town took Lot 18 by eminent domain and paid $93,000.00 for 150 acres. Compare that to the $550,000.00 they paid for only 100 acres at the Bidwell Forest.
Eminent domain is a serious matter. It's an infringement upon private property rights and to be used only as a last resort for critical needs of general welfare (roads, schools, reservoirs and so forth) Creating a horse park for a small special interest group does not seem to fit that criteria, but according to the legal documents, the town of Athol found it a matter of necessity to take land to create a members-only equestrian park.
Since the town already had 1,000 acres of land and trails in Bearsden Conservation Area which are open to horseback riding why was it necessary to create a horse park for this small special interest group?
Another thing to consider is that if the town was willing to exercise eminent domain for a horse park, why did they not do the same for the Bidwell Forest instead of paying twice the appraised value? Are horses more important than children?
If the town truly needed a landbank for schools, why were these 210 acres not banked for future educational needs?
Schools and ball fields (the stated purpose of the Bidwell purchase) would benefit all 11,000 residents whereas the horse park benefits only a few horse enthusiasts.
The horse park website explains their good fortune at acquiring this land.
(of interest: rumor has it that the residents of Pleasant Street, New Sherborn Road and Doe Valley Road did not want a certain type of low-income housing development on that parcel so town hall rode to their rescue using public money to take the land by eminent domain frivolously)
Various Suspicious Issues
In addition to the lies and deceptions about the Bidwell Forest being needed for the new elementary school, parsing the available evidence revealed a number of other seemingly unethical and possibly corrupt political actions related to this land deal.
The town paid $550,000.00 for the Bidwell Forest which was appraised at only $300,000.00 This should have instantly raised the eyebrows of every citizen and been immediately reported to the Massachusetts Office of Inspector General.
source: worcester county registry of deeds
At the start of the town meeting, ConCom Chair, Bob Muzzy stated that a developer made an offer and intended to strip mine the land for sand and gravel and afterwards put in a housing development; an assertion which echoes the Athol Daily News, April 1, 2009, page 1: “The property has a Chapter 61a agricultural certification which allows the town the right of first refusal when any offer is made. David Ames said a $550,000 offer has been made to the current owners by a developer who would purchase the property for the removal of gravel and the development of house lots”.
Be reminded that this is 2009 when the entire country is in the grips of the Great Recession; the real estate market has come to a screeching halt, homes are being foreclosed upon in massive numbers, new home construction has collapsed, home lenders are going bankrupt and home values are plummeting. And we are being asked to believe that an unnamed developer made a bonafide offer at twice the appraised value for the purpose of building homes.
But the plot thickens. Only a month later, as reported in the Athol Daily News, May 20, 2009, page 1, we are told that “ . . . the other interested party has since withdrawn its offer.”
We are told that an unnamed developer made a suspiciously high offer and then withdrew that offer despite the fact that the town's purchase would be delayed by several months as it was contingent upon sale of the old middle school. This has all the odors of a staged offer.
Under Chapter 61a, the town must be notified in writing of any offers on the land. The town is then required to verify that the offer is credible (bonafide). These requirements are in the law to prevent staged offers. There was no evidence in the ADN reports or at the town meeting to indicate that the offer was scrutinized.
I requested the BOS minutes for the 3-month period leading up to the purchase and I also requested a copy of the offer, but town hall was unable or unwilling to produce them.
Even more curious than the offer being withdrawn is that after it was withdrawn, town officials did not make a reduced offer in line with the appraised value but instead matched the ridiculously high price of the now withdrawn offer and they did so in a suspicious manner. They canceled the right of first refusal and issued an RFP for land at $550,000; the exact amount of the now-withdrawn offer.
A certain comment made by David Ames caught my attention. One of the citizens asked if the land was suitable for a school and Mr. Ames replied by saying that there would need to be studies for whatever use is desired. I found this odd. Why would town officials spend a half million dollars, telling people that the land could be used for schools without first engaging in due diligence to determine that it was suitable for schools?
Another curious fact to ponder is the speed with which all of this occurred. The first public mention I could find of the matter was April 1, 2009 in the Athol Daily news and only 2 months later on June 8 it was a done deal. It seems that town officials spent $550,000.00 with little or no public discussion ahead of the vote. This was a lightning fast transaction. The intelligent people of town were never given a chance to ask hard questions and force town officials to qualify their proposed purchase.
There was no need for a lightning fast transaction. The offer had been withdrawn. Consider also that here we are 9 years after the purchase and nothing has been done with the property so the hasty action is highly suspicious.
One of the scare tactics used at the town meeting was the threat of losing our 61a right of first refusal.
A certain citizen smartly asked that since the Bidwell Forest was under Chapter 61A , why was it necessary to act immediately?
In his response to her question town manager, David Ames stated that if the land remains in 61a then the town has first right of refusal but if it comes out of 61a the town loses first right of refusal. He went on to say that there are ways around 61a and the town could lose this opportunity forever.
He created a false sense of urgency. There is no way around 61a right of first refusal. The BOS must vote upon that at the time the property comes out. And since the offer was withdrawn, there was no right of first refusal left to vote upon.
The most childish scare tactic used at the town meeting to get people on board with the Bidwell purchase was the suggestion that if we don't buy the Bidwell property right away we might end up throwing people out of their homes by eminent domain when we need land for schools in the future.
So, let's examine the merits of that threat.
Assuming that no suitable land is available for sale at the time we need to build a new high school, would it be necessary to evict families from their homes in order to build that school?
No, it would not be necessary.
This scare tactic was utter nonsense. In addition to the parcel mentioned above and thousands of other undeveloped acres around town, Athol is replete with exhausted sand and gravel strip mines which are essentially graded and school-ready. Between them, Lyman Construction, Graves Construction and Sykes Construction own over 2,000 acres of land in town such as the 75-acre Graves site shown in the photo below. The suggestion that the town is out of land for schools and might have to take homes by eminent domain is a claim which is beyond absurd. It's an outright fabrication. Town officials are telling tall tales and the Bidwell Forest was never needed as a land bank for schools.
from the photo archives of david w runyan II
As you can see, parsing the available evidence created an unending well of suspicions regarding the actions and motives of town officials. But enough is enough.
Concluding Matters
I began this report with the objective of discovering whether or not town officials led the people of Athol to believe that the Bidwell Forest would be used for new schools. And it seems that they indeed created that perception but cleverly covered their bases by including vague references to “other uses”.
The fact that town officials specifically mentioned the new elementary school as a possibility for the Bidwell Forest when the land for that school had been purchased 10 years earlier is a disconcerting twist to the plot.
The fact that town officials leased 210 acres which it already owned to a small group of horse enthusiasts rather than banking the land for future educational needs is likewise a disconcerting action.
As we shall discover in Part II, the town no longer mentions schools when it releases communiques on the Bidwell Forest. They have other things in mind and this suggests that schools were never really the reason for their interest in that land and a bait & switch is in play.
One thing is clear. The people of Athol were told that the Bidwell Forest was a municipal land bank to be used for schools, ball fields, open spaces, a fire station and in small print, “other uses”. Town officials might be wise to reserve it for schools, ball fields, open spaces or a fire station and forget about those "other uses".
And remember what town manager David Ames told us in the Athol Daily News on May 20, 2009: “The potential future use is up to the town's voters”
Sounds like a promise to me. Let's hold our town officials to that promise.
Proceed to Bidwell Part II
The fact that town officials specifically mentioned the new elementary school as a possibility for the Bidwell Forest when the land for that school had been purchased 10 years earlier is a disconcerting twist to the plot.
The fact that town officials leased 210 acres which it already owned to a small group of horse enthusiasts rather than banking the land for future educational needs is likewise a disconcerting action.
As we shall discover in Part II, the town no longer mentions schools when it releases communiques on the Bidwell Forest. They have other things in mind and this suggests that schools were never really the reason for their interest in that land and a bait & switch is in play.
One thing is clear. The people of Athol were told that the Bidwell Forest was a municipal land bank to be used for schools, ball fields, open spaces, a fire station and in small print, “other uses”. Town officials might be wise to reserve it for schools, ball fields, open spaces or a fire station and forget about those "other uses".
And remember what town manager David Ames told us in the Athol Daily News on May 20, 2009: “The potential future use is up to the town's voters”
Sounds like a promise to me. Let's hold our town officials to that promise.
Proceed to Bidwell Part II
Other Investigative Reports by David W. Runyan II
Route 2 Ramp at South Athol Road
Politics of the Bidwell Forest Part II
Politics of the Bidwell Forest Part III
The Commercial Solar Conundrum
Politics of the Bidwell Forest Part II
Politics of the Bidwell Forest Part III
The Commercial Solar Conundrum
