1. Call to Order

Chairman Sears called the meeting to order at 7:05 pm at the Town Hall Auditorium. Present at the meeting were Steve Deackoff, Chief John Mackey, Chief Tom Ryan, Mike Sitar, Ray Shaw, James Carter, Peter Guglietti and Director of Community Development Steve Sadwick.

2. Reorganization

Chairman Sears stated that in light of recent events with this committee that it may be best to consider reorganization before getting started this evening.

Motion by James Carter to reorganized the committee; seconded by Doug Sears; approved unanimously.

Chairman Sears took nominations for Chair of the Committee. Steve Deackoff nominated Doug Sears and was seconded by Peter Guglietta. John Mackey nominated Ray Shaw and was seconded by Mike Sitar. 3 votes for Sears, 5 votes for Shaw.

Shaw become new Chair and accepted nominations for Vice Chair. John Mackey nominated James Carter and was seconded by Mike Sitar. Steve Deackoff nominated Doug Sears and was seconded by Peter Guglietta. 5 votes for Carter, 3 votes for Sears. James Carter became the new Vice Chair.

Chairman Shaw took nominations for Clerk of the Committee. James Carter nominated Mike Sitar and was seconded by Tom Ryan. There were no other nominations. Mike Sitar became Clerk of the Committee on a unanimous vote.

3. Update by Liz Link of Mills Corporation

Liz Link started by stating that the 4 different interchanges were being studied by the Merrimack Valley Planning Commission prior to Mills Corporation submitting an additional single plan. She also stated that a nationally recognized firm had been hired to conduct a poll on behalf of Mills Corporation. Findings from that poll indicated to Mills Corporation the following:

1- No housing

2- 700,000+ square feet of gross leasable area

3- Ice skating rink at approximately 50,000 square feet

4- The mall would not exceed two stories

Ms. Link also explained the single plan that Mills is working off now. The plan is for 976,000 square feet of gross building area. This includes the 700,000 square feet of gross leasable area, 50,000 square feet for the ice skating rink, and the rest of the area is common areas which includes rest rooms, mall management, and public safety space. There will not be any parking decks with the latest plans, parking will be on grade. Ice is proposed in the back of the mall, but will be attached to mall. There is 815 feet from the edge of pavement to the nearest house. Ms. Link mentioned that she has made a commitment to the Jennies Way residents to enhance the buffer and will work with each home owner.

Selectmen Sears asked about the ramp plans. Ms. Link stated that the regional planning agency should be submitting their study next week. An interchange will happen at this location and Mills Corp. intends to submit a design change. Selectmen Sears referenced a phone conversation he recently had with Steve McDonnell of MHD who stated that the last word they have from Tewksbury is not to move forward. Ms. Link responded that there will be no access to local roads and that it will be a full interchange. She is fairly confident that it will be well received.

Chief Ryan asked about the Mills Corporation experience with rinks. Ms. Link stated that they have 2 malls with rinks.

Steve Deackoff raised a concern about 38 acres of impervious surface. He wanted to know why the parking decks were removed. Ease of use, financial and total site being 128 acres were the response. Ms. Link further stated that there is a low FAR here and that there is 450 feet from the further parking space to an entrance. Mr. Deackoff requested a parking analysis compare the size of area malls and their parking spaces to Mills proposal.

Chief Ryan asked where emergency access is being proposed. Ms. Link stated that the proposed location would be off of South Street. Chairman Shaw stated that this would be a future agenda item topic.

Peter Guglietta asked about the access off of Jennie’s Way. Ms. Link stated that it is not there intention to use it.

Chairman Shaw opened the floor to take questions from residents.

Robert Kelly of 75 Mill Street raised questions regarding the total number of parking spaces. Ms. Link believes that the calculations work out to 4.5 spaces per 1000 square feet.

A resident of Jennie’s Way asked where will the hockey rink be located. Ms. Link responded that it will be a tenant as part of the mall.

Adam Fishlin of 120 Jennie’s Way stated that the interchange should be moved further north and should be no less than 280 feet to the nearest house and at least 200 feet from the nearest property line. The rink should not be viewed as a carrot. The committee should fully understand all plans that are in the regional study.

4. Civil Engineering Overview

Glen Gershke of National Survey and Engineering began to present the civil engineering review. Steve Deackoff wanted clarification that a peer review would be conducted. Steve Sadwick responded that it would occur and the results would be delivered to the committee at a later time.

Mr. Gershke started by giving an overview of utilities, pre-site engineering report and that his firm is compiling the report on behalf of Mills Corporation. Sewer would be provided through Regina S. Drive. The line would have to be increased and the capacity of the pump would have to be upgraded. Water will be provided to the site off the Town’s 20 inch main line on Main Street. Drainage will meet 80% TSS for proposed underground storage. By law, there can’t be an increase in flow off the site. They will be required to hold, treat and release stormwater. They have every intention to stay away from the wetlands as delineated by Cuoco and Cormier and recently reviewed by the Town. It is hard to comment additionally on water as the Town is currently undergoing a study over the next 6-9 months. Mills will meet the standards and pay for any additional impacts.

Selectmen Sears asked where is the pressure coming from? Ms. Link responded that this issue will be addressed in the Town’s study and Mills will react to the results of the water system study. Selectmen Sears asked about $6 million for a storage tank. Ms. Link responded that Mills will pay for any upgrades to system that are a result of their project.

Steve Deackoff asked for more details on the underground storage chambers. Mr. Gershke stated that the green areas on the plan are for roof runoff and clear water. The purple areas will be stormceptors that are designed to 80% TSS standards. They are 30 inch plastic chambers that will be 2 feet above groundwater and will control release rates. This area is primarily “Type A” soils. Steve Deackoff mentioned that he doesn’t particularly like underground storage because of maintenance issues and they can clog. Ms. Link replied that it is Mills intent to maintain these systems and it would be in their best interest that they operate properly. Mr. Gershke added that ½ the storm water would be going to underground storage while the other ½ would be going to above ground storage in the 6 ponds that are shown on the plans.

Ken Keoni of Jennie’s Way expressed concerned about a fire water storage tank. Mr. Gershke stated that if a tank was necessary and was to be built it would not be higher than 20 feet and appropriately placed. Mike Sitar asked if the water system would be looped.

5. Financial Overview

Ms. Link stated that her estimates were based on comparison on both national trends and looking at 4 local malls. She made sure that her estimates were on the conservative side. Her median estimate of $3 million annually meets with the Town Assessor’s estimate. That would be $4per square foot, which is at the low end of the 4 area malls. Her range was $2.8 to 3.8 million, but qualified that it depends on the tenant mix. This does not take into account personal property tax. She finds this to be a justifiable number. On the cost side, Mills has been provided with the Fire, Police and EMT costs. Ambulance calls in South Tewksbury are about 40% of all calls today. The Police Department estimates that 3 additional officers would be necessary at approximately $210,000 annually. In total it is approximately $590,000 in costs with a net of approximately $2.2 million annually. Mills is assuming $250,000 for sewer as a one time cost and 2 full time positions for two years with the Fire Department during construction at $260,000.

Mr. Jay Kelley, Town Assessor, presented the Assessing Model he used to derive his range. The Assessor was looking at income vs. construction method. He pointed out that while Ms. Link was looking at other area malls, some are as old as 30 years, while some like Burlington assess more per square foot. Mr. Kelley’s numbers are very conservative. Selectman Sears asked about the project’s impact on the Town’s sewer project. Does it accelerate or slow down the sewer project. Ms. Link replied that Mills would meet the Town’s schedule. Mr. Deackoff asked that Mills provide additional information from area malls to include: GLA, # of parking spaces, # of cars stolen, correlation of cars stolen to communities insurance premium increases, and fire response statistics. Peter Guglietta would like to know what contacts have been made with the state.

Mr. Kelley went on to note that he currently agrees with the median of $3 million, but has a wider range of approximately $2-4 million give some uncertainty. While Tewksbury does have a split tax rate, a shift in the rate depends on action that the Board of Selectmen would take. Steve Deackoff noted that commercial property recently appreciated at a rate of 10-20% while residential appreciated at 40%. As the mall progresses in its life what would happen to its value? What has happened to the value of Home Depot and Walmart since they were built? Mr. Kelley responded that if property does not appreciate as quickly the tax rate can be increased. Chief Ryan asked about the personal property tax. Mr. Kelley responded that it is on a square foot basis and could be approximately $300,000 annually, but that would depend on how Mills organizes. Mr. Shaw stated that it would most likely be the tenants that pay. Selectman Sears asked whether or not Mills is a LLP. Ms. Link responded that the mall would be a REIT and tenants would pay personal property tax. A resident of Jennie’s Way would like the Finance Committee to prepare on a report on this topic.

6. Draft Zoning Article

Steve Sadwick provided a brief overview of the draft zoning article that Mills has prepared. Sadwick stated that he has met approximately three times with both national and local representatives of Mills and there has been numerous changes since the original draft. The proposal is for an overlay district which would allow for additional uses above what is current allowed in this area. The underlying district would remain R40. If the Mall was not built the land would still be zoned for housing. The map shows a ½ mile distance off of I-93 but that may change. At every meeting with the proponents, buffers and adequate protection for abutters has been reiterated.

Robert Kelley of 75 Mill Street stated that this is spot zoning. Steve Sadwick stated that in his review of Attorney Mark Bobrowski’s Handbook on Land Use in Massachusetts that it appears to not be spot zoning. Sadwick went on to explain how courts have interpreted spot zoning over time and what test they use to determine spot zoning. Sadwick recommended that this committee asked the Planning Board’s Zoning Bylaw Subcommittee to review this draft article. Sadwick will prepare a graphic illustration of overlay districts for a future meeting.

Motion by Steve Deackoff to have Mark Brobowski review the draft zoning bylaw as well as the Zoning Bylaw Subcommittee; seconded by Doug Sears; unanimously approved.

7. Other Items

Mr. James D’Angelo was available to give an overview of the traffic implications and it was decided that the details would be discussed at the next meeting. Ray Shaw stated that the mission of the committee was to prepare a report for the Selectmen. He believes that a February Town Meeting may be too soon. Ms. Link stated that if the interchange is not addressed, then the project does not go forward. Steve Deackoff asked if the zoning change is approved, then MHD will pick this design proposed by Mills. Deackoff cautioned that if the Town were to adopt the zoning then it would send a signal to MHD. Selectmen Sears asked for verification that there is still an active suit filed by Perkins Family Trust against the Town of Tewksbury. The reply was yes, it is in Middlesex Superior Court.

Robert Kelley of 75 Mill Street asked with regard to the sewer and water discussion, with a pumping station at Regina S. Drive will sewer come down Trestle Road and is Town Meeting action required for an easement.

Kevin Flatery 125 Jennie’s Way stated that he is looking forward to a graphic explanation to help him understand an overlay district.

Motion by Mike Sitar to adjourn the meeting at 9:20 pm seconded by Doug Sears, approved unanimously.

Approved: _______________________

Michael Sitar, Clerk