HISTORY: Adopted May 15, 2006 Annual Town Meeting, Art. 12
§ 158-1. Tax Agreements
The Town of Great Barrington is authorized, pursuant to Massachusetts General Laws, Chapter 59, Section 59A, as amended, to enter into agreements regarding payment or abatements of real estate taxes, and/or interest, and/or penalties relative to sites or portions of sites within the Town of Great Barrington, from or at which there has been a release of oil or hazardous materials. The following are necessary conditions and components of any such agreement:
(a) the site or a portion thereof must be one from, or at which, there has been a release of oil or hazardous material;
(b) the site or a portion thereof is zoned for commercial or industrial uses;
(c) the agreement must be for the purpose of environmental cleanup and redevelopment of such site, and shall require submission to the Town of any plans to carry out such cleanup and redevelopment;
(d) the agreement must provide:
(i) the principal amount of outstanding taxes due, interest and penalties, before abatement of any amount thereof;
(ii) the amount of taxes, interest and penalties to be abated, if any;
(iii) the net amount of taxes, interest and penalties due after abatement;
(iv) the percent of interest to accrue, if determined applicable;
(v) the inception date of payment and the amount of monthly payments;
(vi) the date of final payment; and
(vii) late penalties and other terms of repayment.
(e) the agreement is made with an eligible person as defined under M.G.L. Chapter 21E, Section 2.
(f) the agreement shall be negotiated by the Town Manager;
(g) the agreement shall be subject to the approval vote of the Board of Selectmen;
(h) the agreement, as required by said M.G.L. Chapter 59, Section 59A, shall be signed by the eligible property owner and the Chair of the Board of Selectmen;
(i) the agreement shall be notarized, and shall be attested to by the Town Clerk;
(j) the agreement shall contain any other provisions as may be required by law, Town by-law or regulation of the Department of Revenue;
(k) in the event the agreement reduces the tax to be paid, abatements must be processed and charged to the overlays for the fiscal years of the taxes abated;
(1) copies of the executed agreement shall be provided to the eligible person, the Board of Selectmen, and the following state and federal agencies; the Commissioner of the Massachusetts Department of Revenue and the Property Tax Bureau, Massachusetts Department of Environmental Protection and United States Environmental Protection Agency.
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