HomeMy WebLinkAbout2007-12-04 Board of Selectmen Minutes Board of Selectmen Meeting
December 4, 2007
The meeting convened at 7:05 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman James Bonazoli, Vice Chairman Stephen
Goldy, Secretary Ben Tafoya, Selectmen Camille Anthony and Richard Schubert, Town
Engineer George Zambouras, Town Counsel Ellen Doucette, Town Manager Peter
Hechenbleikner, Paula Schena and the following list of interested parties: Ted Tye, Angus
Jennings, Scott Weiss,Attorney Bob Fishman, Representative Patrick Natale.
Discussion/Action Items
Approval of Developer's Agreement for Addison-Wesley/Pearson Site: National Development The Town Manager noted that there has been extensive discussion on the development
agreement. A revised agreement is in the handout.
Angus Jennings noted that the OR District has to be designated before Town Meeting. The
Town has to have a comfort level to move forward.. Town Engineer George Zambouras has to
sign off on the infrastructure. The developer will be bound to required improvements of water,
sewer,transportation, etc. All conditions are binding. .
.—The-Town-Manager noted that the.agreement is contingent upon the Town ado ti g the Smart
Growth District. He also noted that once the Smart Growth District is rezoned, it will be
submitted to and approved by MDHCD. He noted that the owner is seeking modifications to
Business C District, and there will be mitigation measures.
Selectman Richard Schubert asked if the document holds the whole site to the requirements not
just the OR site, and the Town Manager indicated that was correct.
The Town Manager reviewed Article 1. He noted that Section 1.1 Traffic indicates that the
owner shall pay for and shall construct all off site traffic mitigation for redevelopment of the site.
The owner will support the Suburban Mobility grant. Traffic mitigation will be reviewed by
Mass Highway.
The Town Engineer noted that Exhibit D shows the lanes on Main Street and is controlled by
Mass Highway.
Selectman Camille Anthony asked if supporting Suburban Mobility was a letter of support or
financial. The Town Manager noted that financial was not discussed because they do not know
what will be required. Support would be in submitting grant applications, and perhaps financial if
the scope allows it.
Chairman James Bonazoli noted that it is up to the facility to provide van service for the assisted
living, and Ted Tye indicated that is usually the case.
Board of Selectmen Meeting—December 4 2007—Page 2
The Town Manager reviewed Section 1.3 Sewer Connection, and noted that the expenditure is
$4/gallon or $450,000. The site has issues related to the Sturges pumping station. A certain
amount will be paid up front to get it up and running, and the remainder will be paid as the
project progresses. The Town Engineer noted that the flows are borderline and the pipes might
be undersized, and there is also a problem with the pumps at the station. He also noted that the
Town will give them credit for historic flow from the site.
The Town Manager noted that the developer will pay $332,500 for the MWRA water connection
payable upon occupancy of the building. The developer will submit a deposit of$25,000 to pay
peer review consultants. When the balance falls to $5,000, then the Town will request it to be
replenished.
The developer will pay $10,000 to the Town for a gateway to Reading sign or structure. If the
Town does not use it within two years, then the Town will give it back. The developer will use
the best current green design and construction.
The Town will benefit from $956,000 in 40R payments contingent upon the State 40R funding,
and they can use the funds at their discretion.
Vice Chairman Stephen Goldy asked about the build out timeline and funding. Ted Tye indicated
that the 40R portion will take 18 months to build. Representative Patrick Natale noted that
40R's are being paid, and he will do something to keep that moving forward. The Town
Manager noted that this project is in the pipeline.
The Town Manager reviewed Section 2.2 on affordable housing. He noted that it references the
Zoning By-Law — in perpetuity or the longest time allowed by law. Town Counsel Ellen
Doucette noted that the Town has the right of first refusal, and DHCD has approved in
perpetuity.
Selectman Camille Anthony asked what would happen if they decide to go to condo's. Town
Counsel noted that would be changing owners, and they would have to come back for approval.
Selectman Richard Schubert asked what would happen if the State changes something in the
future. Town Counsel noted that when the State changes a statute, it is not retroactive - it has an
effective date. The Town has a lot of protection.
The Town Manager noted that the developer will upgrade Jacob Way. Section 2.4 indicates that
there will be community access and connection to the neighborhood. Chairman James Bonazoli
asked if that came out of meetings with the neighbors, and Ted Tye indicated that came up early
with the development team. There will be pedestrian orientation throughout the property, and
the Town will be indemnified.
Chairman James Bonazoli asked if there will be sidewalks on South Street, The Town Manager
noted that this agreement does not obligate the developer to provide sidewalks on South Street.
Chairman Bonazoli indicated that it is important to have sidewalks especially if this is a route to
school. He requested that funding be put in for sidewalks. Ted Tye indicated that he had a
.Board of Selectmen Meeting—December,4,2007—Page 3
strong objection to that because the fiscal impact provides $50,000 for busing. He noted that he
was not asked to do sidewalks until last week and after he pays for the infrastructure and$10,000
for a sign, it is getting to a point where the project is not feasible. He also noted that sidewalks
were not a priority from the beginning.
Chairman James Bonazoli noted that this project has been pushed through very fast. He also
noted that the infrastructure is the cost of doing business. It is not the Town's demand - it is
what the developer needs to do to function. The Town Manager noted that sidewalks would cost
approximately $112,0004150,000. Ted Tye noted that the Town will be receiving $1 million
from the State for the 40R, and he did not anticipate another$150,000 for sidewalks.
Selectman Ben Tafoya noted that traffic and sidewalks will be discussed with the neighborhood.
Selectman Richard Schubert noted that there will still be an opportunity to discuss this in site
plan review.
The Town Manager reviewed.Article 3. He noted that the Town has supported the rezoning, and
the Town will cooperate with applicant in partnering for financial assistance.
Selectman Richard Schubert noted that in Section 3.5 regarding land takings, eminent domain is
required to have a clear title. He suggested referring to it as a friendly taking. Town Counsel
noted_that_eminent_domain_is_not_ riendLy_._S.electman_Schubert_asked_if_we_could_r_equir_e the
developer to go a different route. The Town Manager suggested adding the wording "after the
developer has exhausted all other avenues."
Attorney Bob Fishman noted that in Section 4.1, the first sentence should say Special Town
Meeting, not Annual Town Meeting.
Angus Jennings noted that in Exhibit 3,third paragraph, seconded line to insert"be" after shall.
A motion by Anthony seconded. by Tafoya to approve the "Development and
Infrastructure Agreement for the Addison-Wesley/Longman Property, Reading" between
National Development Acquisitions, LLC and the Town of Reading dated December 4,
2007, and with modifications to Section 3.5, 4.1 and Exhibit E, was approved by a vote of 5-
0-0.
A motion by Anthony seconded by Tafoya to adjourn the meeting of December 4, 2007 at
8:45 p.m.was approved by a vote of 5-0-0.
Respectfully submitted,
ecretary