Jim Walsh

@jimwalsh_cp

Former Chesterfield Mayor Lawrence Durr faces criminal charges in connection with a real estate deal described by authorities as "surreptitious self-dealing."

According to the state Attorney General's Office, Durr bought a 104-acre farm next to his home after having arranged secretly to sell the property's "transferable development rights" (TDRs) to a developer. Durr then allegedly used his position as a township committeeman and planning board member to advance the developer's plans for a mixed-use complex in another part of Chesterfield.

Durr bought the Old York Road farm for $2 million in July 2006; he sold the development rights to Renaissance Properties Inc. for $2,372,000 in July 2007, the Attorney General's Office said in a statement.

The "undisclosed deal" effectively meant Durr "obtained the farm for free and turned an extra profit of $372,500," the statement said.

The Attorney General's Office said the TDR system allows farmers in designated preservation areas to keep title to their land while selling development rights to private firms for use in growth areas.

Durr, a 64-year-old farmer, has been indicted on official misconduct charges, the Attorney General's Office said Wednesday. He also is accused of speculating or wagering on official action or information.

"State law strictly prohibits this type of surreptitious self-dealing by a public official," said Acting Attorney General John Hoffman. "As the township's mayor and a member of the planning board, Durr knew exactly what this developer needed, and we allege that he corruptly capitalized on that information."

Durr could not be reached. A Chesterfield committeeman from 1991 through 2011, he served seven one-year terms as mayor during that period. He currently holds no municipal positions.

According to its website, Renaissance Properties is the developer of Traditions at Chesterfield. A spokesman for the Middlesex County firm could not be reached.

The firm's project called for up to 350 homes and a 40,000-square-foot commercial complex in the Old York Village area, according to authorities.

The attorney general's investigation stemmed from a January 2013 report by the Office of the State Comptroller, which itself was prompted by a Chesterfield resident's complaint.

The comptroller's report said Durr "used his political influence and insider knowledge to push a complicated development project through multiple governmental hurdles. All the while, Durr shielded the fact that he personally had more than a million dollars at stake in the outcome."

According to the Attorney General's Office:

• Renaissance, needing TDRs for its project, contracted with Durr in February 2006 to buy the farm's credits for $65,000 each. Renaissance paid a nonrefundable deposit of $150,000 to Durr, who did not yet own the farm.

• Durr agreed to buy the farm from the Martin Family Partnership in April 2006 and closed on the deal in July of that year. He included his agreement with Renaissance with his application for a $1.6 million mortgage.

• While the sale was pending, Durr successfully applied to Chesterfield's planning board to boost the number of TDR credits at the farm, from 26 to 38.5. The additional credits netted him $666,250, said the comptroller's report.

• Durr, a planning board member, did not vote on the credit increase, but he also did not recuse himself. "At the (planning board) hearing, he stepped down from the dais and represented himself on the application," said the Attorney General's account.

• Durr, acting as Chesterfield's representative, next persuaded a Burlington County board to sell additional TDRs to Renaissance in September 2006. He previously had opposed such a sale when another developer sought a similar arrangement.

• In April 2007, Durr introduced an amendment to the planning board that reduced by 17 the number of credits needed by Renaissance. Two days later, he introduced the same amendment before township committee and voted for its approval. The reduction saved Renaissance more than $1 million.

• Durr, acting as a township committeeman, proposed in July 2007 that Chesterfield buy a parcel of land at the development site for $1.5 million. Renaissance Properties, which had previously agreed to pay $2.25 million for the site, would contribute $750,000 toward the purchase.

"The justification was that the township could place a school on the site," the Attorney General's Office said. It said township officials "previously had been interested in building a school on the site, but had been reluctant to pay more than $1 million for the parcel. The township did purchase the land for $1.5 million, but no school has been built."

Each charge carries a sentence of five to 10 years in state prison, including a mandatory five years without parole, and a fine of up to double any illegal gains. The state also is filing a civil forfeiture action against Durr for the 104-acre farm.

Reach Jim Walsh at jwalsh@courierpostonline.com or (856) 486-2646.