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Issue · Plymouth, MA

Landers Farm Property right-of-first-refusal waiver

Conditional waiver of ROFR on 130+ acres enables 40B-scale housing but raises preservation, traffic, and conflict-of-interest concerns.

Overview

Plymouth must decide whether to exercise its statutory right of first refusal on 130 acres of Chapter 61A land on Landers Farm Road. Public testimony across three Select Board meetings has uniformly urged acquisition for aquifer and habitat protection. The board has deferred any vote and continued the matter to its next meeting.

Background

The Town of Plymouth holds a statutory right of first refusal on parcels of land classified under Chapter 61A when an owner notifies the municipality of intent to sell or convert the land to non-agricultural use. In the case of the Landers Farm Road parcels, this right applies to approximately 130 acres whose development would affect local aquifer recharge and wildlife habitat.

On May 5, 2026, the Select Board entered executive session to discuss real-property values specifically including the Landers Farm Road parcels. A resident speaking in open session urged the board not to waive its right of first refusal, citing the land’s importance for water protection, habitat preservation, and community character.

One week later, on May 12, the board again convened an executive session on the same parcels. Another resident reiterated the call to exercise the right of first refusal, emphasizing ecological and aquifer-protection values and requesting collaborative decision-making with the community.

At the June 2 meeting, multiple residents and representatives addressed the board in public comment, again pressing for acquisition to protect the Cedarville area’s ecology and water supply while raising questions about transparency and possible conflicts of interest. The board responded that no vote had occurred in executive session and that the matter would be continued to the next Tuesday meeting.

At its June 23 and June 24 meetings the Select Board confirmed that it has signed and recorded the waiver of the town's right of first refusal on the Landers property, allowing the developer's purchase to proceed under the existing purchase-and-sale agreement and the MOU to run with the land. Residents at both meetings continued to argue that the MOU language is too vague to be enforceable and that the board should instead have pursued acquisition through the Community Preservation Act or assignment to the Community Land and Water Trust.

How it unfolded
Board entered executive session to discuss real-property values on Landers Farm Road; resident urged preservation via right of first refusal for water and habitat protection.
2026-05-05Select Board
Board again entered executive session on Landers Farm Road parcels; resident advocated exercising right of first refusal on 130 acres to preserve open space and aquifer.
2026-05-12Select Board
Multiple residents testified in favor of acquiring the Chapter 61A parcels; board stated no vote had been taken in executive session and continued the matter.
2026-06-02Select Board
Board confirmed it has signed and recorded the waiver of the right of first refusal on the Landers property; residents argued the MOU is unenforceable and that alternatives such as the Community Preservation Act should have been pursued.
2026-06-23Select Board
Board again stated the waiver decision stands and the MOU will be filed with the Registry of Deeds; residents questioned lack of legally binding protections for trails and wastewater and possible conflicts of interest.
2026-06-24Select Board
Arguments in favor
Land provides critical aquifer protection and ecological habitat.
select-board 2026-05-12
For
Preservation maintains community character in the Cedarville area.
select-board 2026-06-02
For
Exercise of right of first refusal prevents unwanted development.
select-board 2026-05-05
For
Arguments against
The MOU contains only 'soft' or 'aspirational' language regarding walking trails and wastewater that is not legally enforceable.
select-board 2026-06-24
Against
The town should have explored preservation through the Community Preservation Act or assignment of the right to the Community Land and Water Trust rather than waiving it.
select-board 2026-06-23
Against
Key voices
“The land is critical for water protection, habitat preservation, and maintaining community character.”
Residentselect-board 2026-05-12
“Urged the board not to waive its right of first refusal on Chapter 61 parcels.”
Residentselect-board 2026-05-05
“The Memorandum of Understanding uses vague, unenforceable language like 'pursue' or 'consider' with no bond or leverage to ensure the developer follows through.”
Residentselect-board 2026-06-24
“The town should have explored preservation options through the Community Preservation Act instead of waiving its right of first refusal.”
Residentselect-board 2026-06-23
What's next

The Board will discuss the ten percent affordable housing goal strategy at the next meeting on June 30th.

Landersright of first refusalChapter 61ASheridan