_The Chairman called the meeting to order at 7:31 P.M. with all members present. Town Manager David Cressman and Recording Secretary Dawn Cathcart were also present.

1. Call to Order

Chairman Raymond Shaw called the meeting to order at 7:12 P.M at the Town Hall Auditorium. Present at the meeting were Vice Chairman James Carter, Clerk Michael Sitar, Doug Sears, Steve Deackoff, Chief John Mackey, Director of Community Development Steve Sadwick and Recording Secretary Dawn Cathcart.

Mr. Shaw stated that he was sorry for any confusion regarding the meeting location change. Mr. Shaw introduced the Mills Corporation Study Committee.

2. Approval of Minutes

Mr. Shaw stated that there were no minutes to be approved.

3. Mission Statement from the Board of Selectmen

Mr. Shaw presented the mission statement from the Board of Selectmen.

4. Town Counsel Opinion

Mr. Shaw stated that at the last meeting it was requested that this committee get legal opinion regarding Attorney O’Neill’s ability to be an advocate for the proposal of the Mills project when he is representing the Perkins Family Trust in a lawsuit against the Town of Tewksbury. In a memo dated October 30, 2003 from Attorney Zaroulis, he states that this committee should not in any way question Attorney O’Neill’s right to represent Perkins or Mills or to interfere in any way with Perkins and Mills selecting an attorney of their choosing.

5. A – Presentation of Results of Survey of Voter Attitudes Concerning the Mills Project Conducted by Kiley Associates in September 2003

Attorney Richard O’Neill, David Wahr representing Mills Corporation, and Tom Kiley from Kiley Company appeared to discuss the phone survey. Mr. Wahr stated that a phone poll was done in September 2003. Mr. Wahr added that they are presenting the results of the survey to answer some questions raised by the Board of Selectmen. Mr. Kiley has conducted surveys nationwide and has worked with Senator Kennedy and Senator Kerry as well as Boston College.

Mr. Shaw stated that the procedure will be to watch the presentation, then the committee will ask questions, then the audience will have an opportunity. Mr. Shaw stated that there will be a two minute recess to fix the video. The video returned and the meeting continued.

Mr. Kiley stated that this survey was with 404 registered voters in Tewksbury over a three day period. The voters were randomly selected from the voter file. If a person that was selected was not home initially or didn’t answer, that person was contacted three times before that person was replaced with another voter. The margin for error is +/- 5%. This survey was distributed across the Town of Tewksbury and a quota of each precinct was represented based on number of voters in each precinct. The following are the results of some of the questions asked.

In general, is Tewksbury heading in the right direction? 55% said Yes and 27% said No.
How would you rate the Tewksbury School System? 50% said Excellent/Good, 28% said Average, and 8% said Bad.
What is the most important thing to you? 30% said Holding Down Taxes, 27% said Schools, 17% said Curbing Overdevelopment, which appears to be due to the residential concern. The last thing of importance was Toxic Waste at 3%. There were a total of 8 topics and the person was only allowed to choose one.
Have you heard of the proposed Mills mall project? 85% said Yes and 15% said No.
Are you in favor of this project? 61% said Yes and 39% said No.
What is the best reason for the Mall? 43% said Increase Tax Revenue, 22% said Jobs, 7% said New Retailers, and 4% said Highway interchange. This question was asked regardless if they were in favor of the project.
What mall do you go to now? 42% said Rockingham, 22% said Burlington, and 20% said Nashua.
Of the malls you go to now, how do you get there. 64% said highway and 25% said local roads.

Mr. Kiley stated that there were some positive factors introduced such as jobs (69%), increase in tax revenue (67%), access to superfund site for the Town (66%), increased revenue for public safety (63%), pubic safety access road (62%), access to the mall from I-93 only (64%), new I-93 interchange (59%), commuter rail stop (58%) and ice skating facility (53%). Mr. Kiley stated that the negative factors were, 400 apartment units (62%), 3-4 story residential housing (61%), increase of 80-100 children in the school system (56%), budget increase to fire and police (54%), cars to the site (41%).

Mr. Kiley stated that after the information was provided to the person, the question of how they felt on the mall now was asked. 60% said they were in favor and 40% stated that they were against it. Mr. Kiley stated that the negative percentage could be due to the housing component. Mr. Kiley stated that as a result of this poll, the housing units have been removed, so this project may receive greater support. This project would need to pass at Town Meeting with 67% of the votes. This survey shows that it is plausible and it is likely that Mills could get the 67% or 2/3 vote needed at Town Meeting.

Mr. Wahr stated that he came up with four results from this survey. The first is that the annual net revenue will be more than $2.5 Million dollars to the Town. The second is that this project will create 1,500 – 2,000 construction jobs for 2 years and 3,000 equivalent full time jobs after the mall is completed. The third is that the housing component was eliminated from this proposal. The last issue is that the access to the Mall will only be from Rt. 93 and this will eliminate increased traffic on local streets.

Mr. Wahr stated that he will present job creation data from other Mills projects at the next meeting. Mr. Wahr added that if the Rt. 93 interchange does not go through, then this project will not go forward.

Mr. Shaw asked if there were questions from the board. There were none. Mr. Shaw opened the floor to residents.

Richard Mazzoni of 86 Trull Road – Mr. Mazzoni asked why weren’t South Tewksbury residents called and what do the schools have to do with the project. Mr. Kiley stated that the first part of the survey was looking at general issues with the Town of Tewksbury which included schools. Mr. Kiley stated that voters from each precinct were selected. Mr. Mazzoni stated that there are trucks going down South Street. Mr. Shaw stated that if the I-93 interchange does not happen, then the project will not go on. There will be no access to the mall from South Street. Mr. Mazzoni stated that more police would be needed. Mr. Shaw stated that Chief Mackey has presented a report to address this issue.

Attorney O’Neill added that the estimated new revenue would cover the cost of new police and fire personnel. This cost has been estimated at $500,000. Attorney O’Neill added that there will be an estimated $400,000 for personnel property taxes that will be generated on top of the $3 Million in real estate taxes.

Mr. Deackoff left the meeting at 7:50 PM.

Mr. Shaw stated that he has had a conversation with the Building Commissioner regarding the fees that this project will generate.

Mr. Mazzoni asked why the Methuen Mall wasn’t on the map. Mr. Shaw stated that the maps are part of the traffic study.

Susan Duffy of 67 Catamount Road – Ms. Duffy asked when Mr. Kiley was hired. Mr. Kiley stated that he was hired in July or August of 2003. Ms. Duffy stated that when Liz Link was asked if there would be a survey she said she didn’t know. Attorney O’Neill stated that was correct. Ms. Link was not aware that Mills had already hired Mr. Kiley and that he had already started his survey. Ms. Duffy asked who wrote the questions. Mr. Kiley replied he did. Ms. Duffy asked how refusals to answer are factored in. Mr. Kiley stated that they try three times to contact them and if they can’t then they are replaced. The percentage of this is usually 10%-15%. Ms. Duffy stated that at looking at the questions they can be misleading on what Mills will be bringing in and the jobs. It sounds like that is already happening. Mr. Kiley stated that is fair, but he would also argue that it brings both positive and negative aspects. Mr. Kiley stated that for this to move forward it requires a 2/3 vote at Town Meeting, so the results of this survey mean nothing. This survey is only showing a 60% approval rate, so that is not enough support. This survey was an attempt to put this information out in an organized way. The net results are almost the same before and after the survey. Ms. Duffy stated that she agrees that Town Meeting will decide and that these finding can’t be proven. Mr. Kiley stated that is not true, he can prove his findings but he can’t prove this would win at Town Meeting. Ms. Duffy asked if another survey will be conducted. Mr. Kiley replied he has not been hired to do another survey. Ms. Duffy asked if the committee will do their own survey. Mr. Shaw stated that he talked with Selectmen Seilessen and there will be a survey provided as part of the annual census. Ms. Duffy asked if Andover is going to be notified about the impact to them. Mr. Shaw stated that Mr. Sears is going to address the regional impact at a later meeting.

Peter Guglietta of 135 Jennie’s Way – Mr. Guglietta asked if Mr. Kiley was a statistician. Mr. Kiley replied not personally, but he has them on staff. Mr. Guglietta stated that the survey didn’t seem random. Mr. Kiley stated that the survey represented the voters through the precincts with 52% being woman and 48% being men. This survey accurately represents the town. Mr. Guglietta asked what the average age was. Mr. Kiley stated that he doesn’t have the information but can get it. Mr. Guglietta asked why the ice rink was included in the survey. Attorney O’Neill stated that it was included with the housing issued. When this project was originally presented it has housing, the mall and an ice rink. Mills asked that both of these issued be added to the survey. The survey showed the housing was a negative impact but the ice rink was positive. The mall will be 700,000 SF with the rink being an additional 50,000 SF. Mr. Guglietta disagreed that the favorable results were from real voters. People can be easily swayed. Another survey could be done with slightly changed questions and get different results.

Karen Flaherty of 125 Jennies Way – Ms. Flaherty asked what the age breakdown of voters was. Mr. Kiley replied he didn’t know the exact numbers but most likely they were, 18-34 – 15-17%, 35-49 – 32-33%, 50-64 – 28-30% and over 65 – 20%. Ms. Flaherty asked what time was the survey conducted. Mr. Kiley replied the survey was conducted during the evening hours. Ms. Flaherty asked what was the breakdown percentage of highway and back road traffic to the Burlington Mall. Mr. Kiley replied he didn’t know for sure. Mr. Shaw asked if that information could be provided at the next meeting. Ms. Flaherty stated that there was 10%-15% refusal. Mr. Kiley replied that was correct. Ms. Flaherty stated that if the premise is false then the answer must be thrown out. Mr. Kiley stated that doesn’t apply in this situation. Ms. Flaherty asked of the $3 Million dollars in revenue, how many years is that. Mr. Wahr replied it is for the initial years. Attorney O’Neill stated that this number is based on today’s tax rate. Mr. Wahr stated that there are several bases for this number. Mills provided rent information and cost projections. The Assessor did an independent study and research. Attorney O’Neill stated that once the study is done, the Assessor uses a very conservative number. This amount would start the day the mall opens. The real advantage is that Mills builds and operates their own malls. Ms. Flaherty asked if the $3 Million was gross or net. Mr. Wahr replied it is gross. Ms. Flaherty stated that Liz Link during a meeting in June with Jennie’s Way residents stated that there would be no tax increase. Mr. Wahr stated that is not what was said. Ms. Link said if Mills could not show a positive tax effect then they should leave. Attorney O’Neill stated that he had a meeting with the Town’s Assessor and this project will provide $3 Million in additional tax revenue. They are also working closely with Chief Mackey and Chief Ryan with safety issues. To say the Town of Tewksbury will receive $2.5 - $3.0 Million is a high probability. Mr. Shaw stated that based on information received from the Assessor that is a correct statement. This will need to be analyzed further.

Maria Fishlin of 120 Jennie’s Way – Ms. Fishlin as if the $3 Million is contingent of a full mall. Attorney O’Neill stated that the vacancy rate is figured in and that is the case. Mr. Shaw read the memo dated October 15, 2003 from Jay Kelley; Chief Assessor titled Mills Project Estimated Tax Revenue. Mr. Wahr stated that the three biggest tax payers are the power company at just over $1 Million and Raytheon and Market Basket at around $900,000 each. Ms. Fishlin asked what level of occupancy the mall would have to have to have the town receive $3 Million dollars. If the mall is empty would Mills have to pay taxes? Mr. Shaw replied yes, the assessed value of the mall will have to be paid. Ms. Fishlin asked if the personnel property taxes would be reduced if the mall was empty. Mr. Shaw replied yes. Ms. Fishlin requested that all demographics and questions from the survey be supplied to the Town. Mr. Kiley stated that information is proprietary to Mills Corporation. All information relative to this issue was presented tonight. Ms. Fishlin stated that she wanted it recorded that Mills refused to give this information.

Mr. Sears asked if Mills will be paying the real estate taxes. Mr. Wahr stated that Mills Corporation has the responsibility of paying the taxes. There are some cases were leases require that they reimburse Mills to some extent. Mr. Sears asked if this would be an independent LLC or LLP. Mr. Wahr replied he was not sure. Mr. Sears stated that other malls, the owners rise and fall on their own. Mr. Wahr stated that the legal property owners pay the taxes.

Attorney O’Neill stated that in the event that 80% of the mall was unoccupied, that would impact taxes. We will provide a direct response for the next meeting. Some malls entitle subdivision with the complex, but ultimately Mills is responsible through owners or lessee.

Bob Kelley of 75 Mill Street – Mr. Kelley asked who conducted the poll. Mr. Kiley stated that he uses interview banks from out of state. There are about 250 phones and the callers are supervised and trained. Mr. Kelley asked if they make minimum wage. Mr. Shaw replied absolutely not and they are appropriately trained. Mr. Shaw stated that this is his business. Mr. Kelley asked what the voting source was. Mr. Kiley stated that they had the total list of registered voters. Mr. Kelley stated that the town usually only gets a 17% turnout, so this is not a good representative. Mr. Kiley stated that the purpose of a survey is to surround the issue and get a reasonable reliable position of the public view. Both positive and negative issues were asked. Mr. Kelley asked which came first, the housing or the mall. Mr. Kiley stated that the mall was introduced first. Mr. Kiley added that he did not know at the time of the survey that housing was not going to be part of the project. Mr. Kelley asked if all the questions are available. Mr. Kiley replied no. Mr. Kelley asked if Mr. Kiley has done other surveys for Mills in Massachusetts. Mr. Kiley replied that he works mostly in the public sector with elected officials and groups, but he has done surveys for private companies and projects. Mr. Kelley stated that the survey is left to interpretation. Mr. Kiley replied yes. Mr. Kelley stated that the housing aspect usually comes in after the mall is already in. Mr. Kelley asked how overdevelopment was associated with housing. Mr. Kiley stated that there was sensitivity towards housing and the school impact. Mr. Kelley stated that could be leading. Mr. Kiley replied it could be, but any question could be interpreted as leading. This was a balanced survey. Mr. Kelley asked if a question was asked about traffic in Tewksbury. Mr. Kiley replied no. Mr. Kiley added it is tough to keep someone on the phone for more than 15 minutes.

Keith Rauseo of 10 Lloyd Road – Mr. Rauseo thanked Mills for getting rid of the residential aspect of the project. Mr. Rauseo asked if the survey asked the questions like, would you like an interstate ramp 300’ from your house, or the increase of traffic on local streets to Rt. 93, or increased emergency vehicle trips or if they would be in favor of another project that would be more revenue but less impact to the community. Mr. Rauseo stated that Raytheon has 168,000 SF and pays $1 Million in taxes. Mr. Wahr stated that was incorrect. Raytheon has 645,000 SF because he was involved with that project. Mr. Shaw stated that he will seek clarification from the Assessor. Mr. Rauseo stated that the taxes will not go down. Mr. Shaw stated that could be considered a fair statement, but would need to investigate that more. Mr. Rauseo stated that with the revaluation in property, the valuations will be increased and some of the burden of that $3 Million will be shifted to residents. Mr. Shaw stated that he can’t address that yet but will get the answer and provide a formal report.

David Silva of 1223 Shawsheen Street – Mr. Silva asked if Mr. Kiley was a paid consultant. Mr. Kiley replied yes, he was paid by Mills to do the survey. Mr. Silva stated that he said the project would need 67% to win at Town Meeting and that was doable. Why would it matter to you. Mr. Kiley stated that if he said doable, it only meant plausible. Mr. Kiley he said based on the survey he believes Mills has a chance to reach the 67% needed at Town Meeting. This is an assessment of the survey and it’s not conclusive, but in September 2003 the positive was at 60%. Mr. Kiley added that with the elimination of the housing component, it would probably be higher. Mr. Kiley also said that Mills had their work cut out for them. Mr. Silva stated that this survey is bias and one-sided and he is disappointed that the committee didn’t ask any questions.

Chief Mackey stated that at the last meeting this committee was chastised for not letting residents speak, now we are letting residents speak and we’re still getting flack.

Peter Guglietta of 135 Jennie’s Way – Mr. Guglietta asked if they could get the data on the addresses on who voted negative. Mr. Kiley replied no. Mr. Guglietta asked why a financial analysis has not been done and what impact this would have on current businesses and infrastructure. Mr. Shaw stated that Mr. Cressman will come in with a report on financial analysis, but keep in mind that this is only the second meeting with the final project. Mr. Guglietta asked why Ms. Link was not aware of the survey being conducted. Attorney O’Neill stated that Mills authorized the survey. Ms. Link did not know the exact dates or the questions being asked. The housing was originally thought to be a positive aspect, but after the survey it was determined it would be negative. The survey was used to gage SF, the ice rink. The final project was based on Mr. Kiley’s credentials and rep and the survey.

Adam Fishlin of 120 Jennie’s Way – Mr. Fishlin stated that Ms. Link did state that there would be no financial benefit to the Town and now the survey is being hidden. Someone is not telling the truth. Attorney O’Neill stated that whatever Ms. Link said, the Assessor is showing that there would be $3 Million in revenue. The survey only said $1 Million. Attorney O’Neill stated that he doesn’t want to get into a credibility issue, but Mr. Fishlin said he would do anything possible to defeat this.

Amarendra Bagul of 99 Jennie’s Way – Mr. Bagul asked why there were no negative questions. Mr. Kiley stated that there were negative factors asked, maybe not all, but some including number of cars, housing, increase of emergency services. Mr. Bagul asked what the survey proves. Mr. Kiley stated that the purpose was to show what Tewksbury voters thought and Mills made adjustments to the proposal based on the survey. Mr. Bagul asked if the survey questions could be submitted to the committee. Mr. Kiley replied no. Mr. Bagul asked why people would go here when tax-free New Hampshire is up the road. Mr. Bagul asked what the committee is going to use the results of the survey for. Mr. Shaw stated that they are not going to base any decision on just the survey. This will be accepted as a gauge of opinion and we realize that this was paid for by Mills.

Mr. Sears stated that he is glad that this has generated this much discussion.

5. B – Presentation on Traffic Issues by TEC and Mills Traffic Consultant

Mr. Wahr stated that he wants to stress that the only access to this mall will be an interchange off of Rt. 93. James DeAngelo from TEC and Terry Miller from Mills joined the meeting to discuss traffic.

Mr. Miller stated that he is a Vice President at Wells and Associates from McLean, VA. He has worked with Mills Corporation since 1984. Mr. Miller stated that he looked at this site about two years ago. In the Rt. 93 corridor there is a 15 mile hole where no mall services. There is a need for an interchange her and there are huge traffic streams on Rt. 93. There are approximately 140,000 cars per day that use Rt. 93. This project will design an interchange to handle high capacity. This project will generate approximately 23,000 car trips a day. This interchange will handle over 900 cars in and 1000 cars out an hour. This project is to build a 700,000 SF Gross Leasable Area (GLA) mall and 50,000 SF for an ice rink. This project will require 3,100 – 3,200 parking spaces. This calculation is using the Urban Land Institute (ULI) which is 4.5 spaces per 1,000 SF of GLA.

Mr. DeAngelo stated that this project is before you to discuss the interchange proposal. This is an assessment to assist communication on how 23,000 cars can access the site. The graphics were taken from the Merrimack Valley Regional Planning Commission (MVPC) document. This is not intended as a replacement for a detailed traffic study. It is given as an assessment. Mr. DeAngelo presented a regional depiction of local malls. The North Shore Mall is serviced by Rt. 128 and is 1.6 Million SF. The Burlington Mall is serviced by Rt. 128, Rt. 3 and Rt. 3A. The Pheasant Lane Mall is serviced by Rt. 3 and is 982,000 SF. The Rockingham Mall is serviced by Rt. 93 and is over 1 Million SF. The study looked at the draw area and volume of traffic on local roads such as Rt. 133, Rt. 38, East Street/Dascomb Road, and Rt. 125/Rt. 62. Of this study, a little more than 50% of the volume was attracted from the South and a little less than 50% from the North. The traffic assignment was also tasked to distribute the trips. Provided that the interchange does not have access to South Street, there will be a measurable but marginal increase of traffic on local roads. During peak hours there will be an additional 25 car trip in each direction. This project will try to intercept shopping trips from Rockingham to Mills.

Steve Deackoff returned to the meeting at 9:35 PM.

Mr. DeAngelo stated that MVPC has completed the regional model for Rt. 93. If this project is approved at Town Meeting there are still steps that must be followed. There is an ENF filing which deals with air, noise, historical and wetlands issues, a scope session is needed, and in parallel the planning and permitting of the interchange must occur. Mr. DeAngelo stated that he has just received the Executive Summary of the Rt. 93 Corridor Plan Report and it included the interchange requirement. The report has four options being considered, but it doesn’t include the fifth option being presented tonight. This plan does not impact local streets and is superior to the other four options.

Mr. Shaw asked if the Rt. 93 Corridor Report is available. Mr. DeAngelo stated that full distribution will be next week. Attorney O’Neill stated that they will make copies for the committee. Mr. Shaw asked for a definition of peak hours. Mr. DeAngelo replied that on a weekday the peak afternoon hours are 4:00 to 6:00 PM and in this time frame there will an additional 34 more car trips to the mall in each direction.

Mr. Sears stated that last week the Zoning Board of Appeals had a case that would increase the trips at the Shawsheen Street/East Street intersection. Mr. Sears asked if the trucks that are required for capping the landfill included in the calculations. Mr. DeAngelo stated that the numbers presented represent mall trips only, but this proposal would provide early access to Sutton Brook. Mr. DeAngelo added that the break in Rt. 93 is governed by Mass Highway.

Attorney O’Neill stated that the earliest that Mills would be looking at a permit process would be 2004-2005 and this would assume that the traffic problems on Shawsheen Street/East Street would be resolved by then. If not, they would be dealt with at the Use and Site Plan Special Permit process. Attorney O’Neill stated that there now is insight from EPA on their schedule. Attorney O’Neill stated that response regarding the fifth alternative has been good.

Mr. DeAngelo stated that he met with the Secretary of Transportation and the Commissioner of Public Works regarding the viability of this proposal. The first few alternatives had a major impact to Jennie’s Way and local street network. The last alternative is the best option. NMCOG will be offering comments on which alternative is better. Mr. DeAngelo added that if the proposal at Town Meeting does not pass, the interchange will still go through. Attorney O’Neill stated that Executive Summary says there is justification for the interchange. Mr. DeAngelo stated that this means this interchange meets eight criteria of federal guidelines. Attorney O’Neill stated that one of the alternatives still has access to South Street. Mr. DeAngelo replied that is correct.

Mr. Sears stated that taking Mills out and Town Meeting out, what can the Town do to support an interchange that doesn’t include South Street. Mr. DeAngelo stated that comment is being welcomed through Town Officials and NMCOG. Mr. Sears stated that at a Board of Selectmen meeting on July 19, 2001 a vote was approved that said it is the wish of the Town of Tewksbury not to connect South Street to any interchange.

Mr. Sitar asked where new trips would be generated from. Mr. DeAngelo replied 52% from the South and 48% from the North. Mr. DeAngelo added that the shaded area could be diverted to the new mall. Mr. Sitar asked if Rt. 93 was going to be widened to four lanes. Mr. DeAngelo replied that the Executive Summary recommends four lanes from the lane drop to the New Hampshire border. This project would need the fourth lane and a breakdown lane.

Chief Mackey stated that the ramp was designed to handle the draw and exceed it. How much does it exceed the draw? Mr. DeAngelo replied it will handle the projected trips and addition traffic from Shawsheen Street/East Street. It will be substantially more. Chief Mackey asked how many trips per day are at the other malls. Mr. DeAngelo replied Rockingham Mall would handle 38,000 trips per day and North Shore would handle 48,000 trips per day. Chief Mackey asked what the impact to Shawsheen Street/East Street would be. Mr. DeAngelo replied it would add 34 trips per hour during the peak hours.

Mr. Sears stated that Liz Link has said that you would go to Mills malls for different reasons than other malls. Mr. DeAngelo stated that he has used standard ITE rates because he wasn’t sure what the mall would hold. Mr. Miller stated that frequency numbers are taken into effect. That is why it is a great intercept rate. There are different themes. There are two draws, regional and local. Mr. Miller added that the traditional Mills project is 1.5 Million SF.

Mr. Deackoff asked how many hours are the 23,000 trips over. Mr. Miller replied that is over a 24 period. This is designed for peak hours with 980 cars in and 1000 out. Mr. Deackoff asked if Mills has done a post-build traffic study and compared that with the standard ITE model. Mr. Miller replied yes and Mills malls have plateaus where other malls have spikes in traffic. Mr. Deackoff asked how long the average stay is. Mr. Miller replied 3-4 hours. Mr. Deackoff asked if there were approximately 3300 parking spaces. Mr. Miller replied that was correct. Mr. Deackoff stated that the math doesn’t make sense. Mr. Miller stated that this is a smaller mall, so the stay will decrease. There is always outgoing as well as incoming. Mr. Deackoff asked at the last meeting for the GLA and parking spaces at other malls. Attorney O’Neill stated that the GLA has been provided, but he will have to get the number of parking spaces. Mr. Deackoff asked what the peak hours are for the weekend. Mr. Miller replied on Saturday and Sunday it is around 2:00-3:00 PM. Mr. Deackoff stated that Mills doesn’t have all the answers needed for this. Mr. Miller stated that he has the backup data from Urban Development. Mr. Deackoff stated that is for an average mall, but Mills is not average. Mr. Miller stated that there may be location problems but not issues with the number of parking spaces. There maybe a shortage in the restaurant or cinema area, but not in the entire mall. Attorney O’Neill stated that any project that goes before the Planning Board needs to demonstrate that it meets the criteria in the Zoning Bylaw and if the Use is permitted on this site. The Building Department monitors the Uses of all commercial development. Mr. Deackoff asked what would happen if there was not enough parking for the 750,000 SF. Attorney O’Neill stated that either the project would have to be enlarged or the Use would have to be downsized. An example of this was Walgreen. It was originally supposed to be on the site across the street, but there weren’t enough parking spaces so the application was withdrawn. Mr. Deackoff asked about impervious surfaces. Attorney O’Neill stated that what is presented is what will happen. Mr. Deackoff asked how the 600’ buffer zone will be maintained. Attorney O’Neill stated that Mills would enter into an agreement similar to one that was on Clark Road. The parking would be contained. Mr. Deackoff asked what would stop Mills from increasing the area later. Attorney O’Neill stated that a Development Agreement could be drawn up. The Development Agreement is Contract Zoning. Mr. Deackoff asked how long this agreement would be good for. Attorney O’Neill replied for ever. It would also be included in the Site Plan Special Permit. Mr. Deackoff asked if the Development Agreement would be attached to the zoning article. Attorney O’Neill stated that to the best of his knowledge it would accompany this. Attorney O’Neill added that this agreement has not been drawn up yet and if the zoning article failed, this would not go into effect.

Mr. Sadwick stated that at a request from Mr. Deackoff he contacted Mark Browbowski to review the draft zoning article and his first question was if there was going to be a Development Agreement because he has done a few of those. Mr. Deackoff asked who would negotiate. Mr. Sadwick stated that Mr. Browbowski would guide us, but not sure who would actually do the negotiation. Mr. Shaw stated it will not be this committee.

Geraldine Murphy of 219 Old Main Street – Ms. Murphy asked what is the earliest that this ramp would be built. Mr. DeAngelo replied with Mills being successful it would start in 2005. Mr. Wahr added that there is an 18 month process and a 2 year construction period, so the earliest would be is 2007. Mr. DeAngelo stated that this timeframe would also be dealing with the ENF studies and identifying the mitigation process and talking about temporary break in access to help with capping Sutton Brook. Mr. Sears asked who would pay for the ramp. Mr. DeAngelo replied it is a State and Federal project and a number of people would participate. Mr. Sears asked if the Town of Tewksbury would pay for the ramp or the road. Mr. DeAngelo replied no.

Richard Mazzoni of 86 Trull Road – Mr. Mazzoni asked if the ramp would take 2 years to build. Mr. Wahr replied that was correct. Mr. Mazzoni stated than trucks would be using South Street. Mr. Shaw replied that the construction of the ramp would not use local road. Attorney O’Neill stated that remediation of Sutton Brook would commence in 2008. The mall and capping would take place around the same time. The only access to South Street is a private way. Mr. Mazzoni stated that land spreads. Attorney O’Neill stated that Sutton Brook is pretty well defined and the PRPs are negotiating now.

Robert Kelley of 75 Mill Street – Mr. Kelley stated that alternative 5 is more complex that the other 4 alternatives. The MVPC did not have this fifth option and it is the most convoluted and expensive. If this was put in it would generate more traffic. Mr. Kelley asked if there was another Mills mall that did not have access from any other road. Mr. Miller stated that the St. Louis Mills is almost identical to this site. The Chicago Mills has only one interstate access as well as Arizona Mills. There is a secondary street in Arizona but it carries little traffic. Mr. Kelley stated that in the minutes from the MVPC meeting of March 15, 2003, a study in 1999 indicates that this area on Rt. 93 has the worst level of service in the corridor. Mr. DeAngelo stated that MVPC does not have the fifth alternative. The strategy was to get the draft report out and then submit comments that would include the fifth alternative. The interchange was tested with and without the mall and it is justified. The fourth lane occurs because of side friction. This is a design challenge and it is requested that this interchange “operates like Teflon”. That is why the costs have increased from $22 Million to $35 Million.

Keith Rauseo of 10 Lloyd Road – Mr. Rauseo stated that of the 23,000 trips how many are new trips. Mr. DeAngelo replied that number is 11,500 in and 11,500 out and most of those trips already exist on Rt. 93. Mr. DeAngelo added that 12,000 are probably new trips. Mr. Rauseo asked what the annual trips would be. Mr. Miller stated that you take 11,500 x 365 days x 2.3 people per car. Mr. Rauseo asked when the fourth lane on Rt. 93 will happen. Mr. DeAngelo replied he didn’t know. Mr. Rauseo asked if the traffic on Ballardvale has been studied. Mr. DeAngelo replied that will be part of the ENF. Mr. Rauseo asked who determines the justification. Mr. DeAngelo replied that is a recommendation from MVPC to Mass Highway and the Federal Highway Administration. Mr. Rauseo asked if Mills has any ownership to South Street. Attorney O’Neill replied no. Mr. Rauseo stated that he is worried that 5 years down the road, they just will connect the access to South Street. Attorney O’Neill stated that the owner of the parcel at the end of South Street came in and she agreed with using her property for emergency access only. Mr. Rauseo asked that the traffic report, zoning article and other information be posted on the website.

Peter Guglietta of 135 Jennie’s Way – Mr. Guglietta asked if Mr. Miller or Mr. DeAngelo was involved with the Mills project in Weymouth. Mr. Miller replied he was involved but not the principal and Mr. DeAngelo was not involved. Mr. Guglietta replied that in that proposal the number of cars Mills provided was not the same as what the State provided. Mr. Miller stated that project was totally different as it was larger and included office space and residential. Mr. Guglietta provided two EPA violations against Mills. The first was in Colorado dated July 11, 2003 and the second was St. Louis dated September 14, 2003. Both were for Storm water Management Violations.

David Silva of 1223 Shawsheen Street – Mr. Silva asked where the local access in Andover would be. Mr. DeAngelo replied there will be a ramp to connect Ballardvale Street. Mr. Silva stated that Andover and Wilmington residents should be involved because this is a regional impact. Mr. Silva stated that the traffic figures presented today may not represent what the figures would be in 5 years. Mr. Shaw stated that Mr. Sadwick is going to be meeting with his counterparts in Andover and Wilmington and Mr. Sears is going to be looking at regional impact. Mr. Wahr stated that they have met with the Board of Selectmen in Wilmington and Andover and that he is scheduled to meet with the Ballardvale Association. Mr. Silva stated that Mills is a destination mall but this would be the smallest mall in the area. Mr. Wahr replied that they are restricted by the land. Mr. Wahr stated that the cave property is not included in the overlay.

Amarendra Bagul of 99 Jennie’s Way – Mr. Bagul asked if noise and pollution would be addressed. Mr. Shaw stated that these issues would be addressed at a later date and the ENF. Mr. Bagul asked what the population is in the shaded area. Mr. DeAngelo replied it is approximately 17,000 people.

Mr. Shaw stated that the meeting will end after Mr. Sadwick’s report and will be continued on November 25, 2003 at 7:00 PM at the Town Hall and the following meeting will be on December 9, 2003 at 7:00 PM at Town Hall.

Mr. Deackoff asked if there will be a peer review done on the traffic. Mr. Sadwick stated that he met with the consultants on November 4, 2003. This included traffic, wetlands, and civil engineering issues. The traffic information came into the office today and he is still waiting on the civil engineering issues.

Mr. Sadwick stated that the next meetings of the Land Use Committee will be on November 24, 2003 and December 8, 2003 at 7:00 PM at the Police Station. The next meeting of the Zoning Bylaw Subcommittee will be on December 4, 2003 at 7:00 PM at the Police Station.

MOTION - Mr. Sitar made a motion to adjourn at 11:25 PM. The motion was seconded by Mr. Sears and unanimously voted 6-0.

Approved:

Michael Sitar, Clerk