It is unfortunate that shenanigans in town government are frequently unethical, but rarely illegal. They are always complicated.
On Aug. 31, 2011, Winchester Selectman Gus Ruth made a motion to tax deed three properties belonging to Terry Qualters. It passed 5-0. The parcel of interest here is 50 Rabbit Hollow Road. On Oct. 27, 2011, the tax collector deeded it to the town.
On Feb. 1, 2012, Ruth made a motion to proceed with the sale of the three properties. It passed 5-0.
On Feb. 22, 2012, selectmen voted to allow the town administrator to sign an agreement with the auctioneer, and the next day she did. Selectmen chose not to reimpose the tax lien and penalties, nor to require a minimum bid. They chose to wait two months until April 21, 2012, for the auction.
The property on 50 Rabbit Hollow Road was advertised (apparently approved by the selectmen) as being commercial, in the Agricultural District and having an existing gravel operation. All three statements are untrue. There was never a variance for commercial use, the district is Residential and there was never a gravel operation. Abutters who would have bid never received notice of the auction, and the property as advertised was not immediately recognizable because of the untruthful headlines and description.
The assessed value of the 1.15-acre lot with a garage was $119,300. Taxes, penalties and interest attached to the property were $35,184. Ruth purchased the property for $25,000 (Reported in The Sentinel as $12,500).
Selectmen didn’t have to accept this bid. Right-to-know requests revealed that in 2007 selectmen rejected bids on properties valued at $11,000 and $13,400, and that they are still owned by the town.
On May 22, 2012, Ruth transferred the deed to Gus Ruth and Irene Ruth and (town moderator) Ken Harvey and Claudia Harvey. On May 24, 2012, the property was listed with a real estate agent for lease as Commercial/Industrial for $800 a month. The property has no toilet facilities, water, sewer or septic system (required by law for occupancy of leased or rented properties).
Around November 2012, the property was leased for auto repair, and continues being used all days and hours by a group of young men with numerous loud vehicles. They are not at fault for believing what the owners told them they could do.
Following a complaint, the code enforcement officer issued a cease-and-desist order on Feb. 21, 2013. Due to delays because of enforcement paperwork errors, the Ruths and Harveys are still appealing the order and have applied for a variance. Their second scheduled hearing was held on June 13. Ruth’s argument boils down to a baseless claim that the town (i.e. selectmen) allowed Qualters to illegally use the garage for repairs (contested by Qualters and abutters), so, he contends, the alleged illegal use must now be grandfathered for the current owners.
What is apparent here? “Ignorance and mistakes” on the part of town officials allowed a selectman to purchase, dirt cheap at an erroneously noticed tax sale, a prime piece of residential real estate, at a town loss of more than $10,000. Because the sale was postponed until after April 1, it remained as tax-exempt municipal property until April 1, 2013, even though the sales agreement could have required taxes for the balance of the year (about $2,000). The owners have been able to continue to collect rent for at least six months, four since the first cease-and-desist order was issued. ($4,800?)
The June 13 hearing was continued until Thursday, June 27, at 7 p.m. If Winchester taxpayers are interested in justice, they are encouraged to go to the hearing and let the selectmen-appointed zoning board know that they will not tolerate it giving the Ruths and Harveys a “pass” to profit from the illegal use of the property.
Taxpayers may not be able to undo past “mistakes,” but they may be able to prevent further abuse of the zoning ordinance — at least in this case.
Susan M. Newell
3 Old Chesterfield Road
Winchester
On Aug. 31, 2011, Winchester Selectman Gus Ruth made a motion to tax deed three properties belonging to Terry Qualters. It passed 5-0. The parcel of interest here is 50 Rabbit Hollow Road. On Oct. 27, 2011, the tax collector deeded it to the town.
On Feb. 22, 2012, selectmen voted to allow the town administrator to sign an agreement with the auctioneer, and the next day she did. Selectmen chose not to reimpose the tax lien and penalties, nor to require a minimum bid. They chose to wait two months until April 21, 2012, for the auction.
The property on 50 Rabbit Hollow Road was advertised (apparently approved by the selectmen) as being commercial, in the Agricultural District and having an existing gravel operation. All three statements are untrue. There was never a variance for commercial use, the district is Residential and there was never a gravel operation. Abutters who would have bid never received notice of the auction, and the property as advertised was not immediately recognizable because of the untruthful headlines and description.
The assessed value of the 1.15-acre lot with a garage was $119,300. Taxes, penalties and interest attached to the property were $35,184. Ruth purchased the property for $25,000 (Reported in The Sentinel as $12,500).
Selectmen didn’t have to accept this bid. Right-to-know requests revealed that in 2007 selectmen rejected bids on properties valued at $11,000 and $13,400, and that they are still owned by the town.
On May 22, 2012, Ruth transferred the deed to Gus Ruth and Irene Ruth and (town moderator) Ken Harvey and Claudia Harvey. On May 24, 2012, the property was listed with a real estate agent for lease as Commercial/Industrial for $800 a month. The property has no toilet facilities, water, sewer or septic system (required by law for occupancy of leased or rented properties).
Around November 2012, the property was leased for auto repair, and continues being used all days and hours by a group of young men with numerous loud vehicles. They are not at fault for believing what the owners told them they could do.
Following a complaint, the code enforcement officer issued a cease-and-desist order on Feb. 21, 2013. Due to delays because of enforcement paperwork errors, the Ruths and Harveys are still appealing the order and have applied for a variance. Their second scheduled hearing was held on June 13. Ruth’s argument boils down to a baseless claim that the town (i.e. selectmen) allowed Qualters to illegally use the garage for repairs (contested by Qualters and abutters), so, he contends, the alleged illegal use must now be grandfathered for the current owners.
What is apparent here? “Ignorance and mistakes” on the part of town officials allowed a selectman to purchase, dirt cheap at an erroneously noticed tax sale, a prime piece of residential real estate, at a town loss of more than $10,000. Because the sale was postponed until after April 1, it remained as tax-exempt municipal property until April 1, 2013, even though the sales agreement could have required taxes for the balance of the year (about $2,000). The owners have been able to continue to collect rent for at least six months, four since the first cease-and-desist order was issued. ($4,800?)
The June 13 hearing was continued until Thursday, June 27, at 7 p.m. If Winchester taxpayers are interested in justice, they are encouraged to go to the hearing and let the selectmen-appointed zoning board know that they will not tolerate it giving the Ruths and Harveys a “pass” to profit from the illegal use of the property.
Taxpayers may not be able to undo past “mistakes,” but they may be able to prevent further abuse of the zoning ordinance — at least in this case.
Susan M. Newell
3 Old Chesterfield Road
Winchester
