MILLS CORPORATION PROPOSAL STUDY COMMITTEE MINUTES
1. Call to Order
Chairman Raymond Shaw called the
meeting to order at
Doug Sears joined the meeting late.
2. Approval of Minutes
Mr. Sitar made a motion to approve
the minutes of
3. Jay Kelley- Chief Assessor
Mr. Kelley made a presentation to the committee. Mr. Kelley started his presentation with answers to questions that were raised at the last meeting. Mr. Kelley stated that his “best guess” estimate for the gross real estate tax revenue projections were $2,000,000 to $4,000,000. Mr. Kelley stated that there is a relationship between income and real estate taxes, so that a drop in mall revenue could mean a drop in tax revenue. Mr. Kelley also stated that the property tax revenue could range from as low as $30,000 to as much as $300,000.
Mr. Deackoff asked if this
proposed mall would be taxed on income or a construction basis. Mr. Kelley
replied that it would be on an income basis based on similar businesses, but
not necessarily only in
Mr. Carter asked where Mr. Kelley got his percentage for the construction costs. Mr. Kelley replied that this is hard to get and that he gave his best estimate. Mr. Carter asked if Mr. Kelley had estimated if this were not to be a mall. Mr. Kelley replied that he factored in for 50 single family residential homes. This would bring in approximately $4,000 per year per home, or $200,000.
4.
Presentation
by Mills Corporation
(A) Redraft of Zoning Overlay District and
committee questions
Attorney Richard O’Neill and David Wahr appeared for this presentation.
Mr. O’Neill stated that until 1992
this property was zoned Heavy Industrial. This is a land-locked area without
access to Route 93, and the only viable access is from
Mr. O’Neill stated that without a ramp present, the Perkins Trust would not want to see the property rezoned Commercial or Industrial. Mr. O’Neill stated that they cannot use the overlay district without the ramp present.
Mr. O’Neill stated that a hotel
proposal for the
Mr. Wahr stated that 3 of the 4
ramp proposals provide access back to the
Mr. Shaw asked if spot zoning could be considered for this property. Mr. Sadwick replied that Mark Brobowski will address the issue of spot zoning at the next meeting.
Mr. Deackoff stated that the
traffic analysis that was discussed at the last meeting dealt with only the
mall and not build out of this area (
Mr. Wahr stated that the
Mr. Sears asked what is the
realistic possibility that proposal 5 will be looked at for the ramp? Mr.
O’Neill replied that Perkins will connect to one of the ramps that will be
constructed. Mr. Wahr stated that proposal 5 was not introduced until the
corridor study was complete. Mr. Sears stated that the BOS wrote a letter
stating that they did not want the ramp proposal to hook up with
Mr. Shaw asked the overlay district would work with one of the current 4 proposals? Mr. O’Neill replied that that it would, but that one of the current proposals takes quite a bit of Perkins land. Mr. Shaw asked if there was a land taking by eminent domain for this trumpet design, would the Perkins Trust be compensated fairly. Mr. O’Neill replied that it would probably be tied up in litigation for many years.
The committee reviewed the overlay district memo with Mr. O’Neill and Mr. Wahr.
Mr. O’Neill stated that the uses
stated are consistent with the general discussion that the Master Plan
Committee has had. Mr. O’Neill stated that they are hoping for 50,000 sq. ft.
for ice surfaces. Mr. Shaw asked if for this overlay district, must they have
frontage on Route 93? Mr. O’Neill replied that they must have a ramp to access
Route 93 for these proposals, with no access to
Mr. Deackoff asked what the
difference is between permitted by right versus permitted by special permit.
Mr. O’Neill replied that there is not much difference in the town of
Mr. Deackoff stated that he had a problem with the language of 8502.4- “but not limited to”. Mr. O’Neill replied that they are amenable to changing that phrasing.
Mr. Shaw stated that he does not want to see several buildings on this site- he would like to see one contiguous building. Mr. O’Neill replied that their plan is for one contiguous building.
Mr. Sears asked if the Mills
proposal does not happen, but the zoning change occurs, is there an upside to
the town? Mr. O’Neill replied that there is something that is going to happen
with that property, no matter what. Mr. O’Neill asked if residential is the
right way to go with this property? He stated that there would not be room in
the
Peter Guglietta, Jr. 135 Jennie’s Way- Mr. Guglietta asked if there will be more discussion with the traffic people. Mr. O’Neill replied that there will be. Mr. Guglietta asked, if built, how big can this mall get without permits? He asked this as the Orange City Mills mall is looking to expand already within 5 years. Mr. Deackoff replied that the maximum allowed would be 2.4 million sq. ft. on 60 acres. An engineer for Mills replied that the practical size is 750,000 sq. ft. for the site constraints. Mr. O’Neill stated that they do not agree with Mr. Deackoff’s calculations. Mr. Shaw asked if Mills has the potential with the wording of the by-law to come back and ask for additional square footage. Mr. O’Neill replied that they would have nowhere to expand to- the site will only hold what is proposed.
Mr. Guglietta stated that he was surprised by some of the comments by members of the Mills committee to the Boston Globe.
Maria Fishlin 120 Jennie’s Way- Ms. Fishlin asked if there will be an answer to the maximum square footage allowed. Mr. Shaw replied that Mr. Sadwick will look into this matter. Ms. Fishlin asked if this proposal was approved, would Mills have the right to build a McDonald’s or a gas station. Mr. Shaw reiterated his desire for one contiguous building. Ms. Fishlin asked if that could be mandated. Mr. O’Neill replied that these are uses that are typically mandated with this type of development. Ms. Fishlin stated that there are lots of people in town who would like to stay in town- she believes that 150 new kids going to the Trahan School if a residential development is built, is unrealistic.
Amarendra Bagul 99 Jennie’s Way- Mr. Bagul stated that regarding section 8535 of the by-law there could clearly be more than 1 building. Mr. Bagul asked if there is the potential for more than 1 building eventually. Mr. O’Neill replied that hypothetically there is, but it is not likely.
Mr. Shaw stated that any information made available to the committee, will be made public in the final report. Mr. Deackoff stated that if a member of the public wants a copy of any document that was submitted to the committee, they should go to the Community Development office and request a copy.
Mr. Bagul asked if the resident’s have a say in the final report? Mr. Shaw replied that the final report will reflect the resident’s opinions. Mr. Bagul asked if he could submit his concerns in writing. Mr. Shaw replied that if submitted in writing, it will be attached to the final report.
Mr. Bagul asked if the resigned Mills committee members positions been filled? He is concerned with the citizen representation. Mr. Sears stated that he will take this up with the BOS at their next meeting.
Mr. Bagul also stated that the flooding situation getting worse is a concern of the resident’s of Jennie’s Way once a 750,000 sq. ft. mall is built. Mr. Bagul asked Mr. Sears what is the consensus of the BOS regarding the 5th proposal? Mr. Sears stated that they have not yet discussed this proposal.
Debbie DellDonne, Wilmington- Ms. DellDonne asked if these
ramp proposals will affect any water supplies. Mr. O’Neill replied that their
proposal will not affect any. Ms. DellDonne stated that
Suzanne Sullivan, BOS representative of Wilmington- Ms.
Sullivan stated that the town of
Mr. Deackoff asked how big the
hotel is that is being proposed in
Larry Knight David Street-
Mr. Knight stated that when conducting the traffic study, it needs to be
understood that this type of mall offers a different type of attraction that
does not lend itself to a typical traffic flow. Mr. Knight asked why there was
a change of heart regarding a housing development when the Perkins family owned
the property for Jennie’s Way and
Amarendra Bagul 99 Jennie’s Way- Mr. Bagul asked why the public has not heard of an intercommunity water connection before this. Mr. Shaw replied that they have discussed water and sewer issues previously and that it will come up again. Mr. Bagul stated that the numbers that he is hearing is always for a 750,000 sq. ft. mall and not for 2 hotels to be included.
Mr. Sadwick stated that there is a
Motion- Mr. Mackey made a motion to adjourn at
Approved:______________________
Michael Sitar, Clerk