The town of West Tisbury has taken ownership of a property on State Road across from Alley’s General Store after owners failed to pay taxes for more than three years, town treasurer/tax collector Kathy Logue and town counsel Ron Rappaport told selectmen this week.
The tax taking of the property, located at 1034 State Road and known as the Welles property, followed continued attempts to contact the owner over more than two years, including through several letters and a public notice, Ms. Logue said.
“It’s not something I enjoy doing, but you don’t have a lot of choice left when all avenues have been pursued and no one’s in touch,” Ms. Logue told selectmen of the process.
The house dates to around 1750 and once belonged to Nathan Mayhew, founder of what is now Alley’s General Store, according to the Massachusetts historical commission records.
The town placed a lien on the property in March of 2017 after the owners failed to pay taxes for fiscal year 2016. The town asked attorneys to file with the state land court to take the property in December of 2017. They were notified in November of the land court’s ruling that they now own the property.
Despite the ruling, the previous owner still has a one-year window to pay the owed taxes with interest and legal fees and take the property back. Ms. Logue said interest is currently accruing at 16 per cent. She said with taxes, interest, and land court legal fees incurred by the town, the previous owner now owes some $18,200.
According to state land records, the house was owned by a trust created in 2006 by Donald Roderick Welles, 3rd and Alison Bryant Hammond. It is currently assessed at $544,800. Some years ago, with an eye toward library renovations, the town considered buying the property for parking use and potentially as a park, but the deal never went through.
Town counsel Ron Rappaport was present to give guidance at the meeting, and said the situation was somewhat unusual.
“I’ve been involved in only a handful of these in my 30 some odd years of practice because generally, somebody comes forward and pays,” he said. “And maybe that will happen here.”
He advised selectmen to take steps to make sure the property doesn’t deteriorate during the one-year grace period. Selectmen expressed hesitation to ask for money from the town to make significant changes to the property during that time, and board chairman Cynthia Mitchell said it was not the time to talk about future plans for the property.
“I don’t think we have to have that discussion tonight,” she said.
Town administrator Jen Rand said she had insured the property, and selectmen discussed which measures to take to prevent damage, including confirming it is vacant, turning off the water to prevent frozen pipes, changing the locks, and posting no trespassing signs.
Though no one currently lives on the property, there are several bicycles, outdoor furniture and an old trailer on the land among other detritus.
“If we own it, we’ve got a real fixer-upper,” selectman Skip Manter said.
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