Public Hearing Articles 1 - 3

Special Town Meeting Warrant (STMW)

of Special Town Meeting May 4, 2004

Date:  April 15, 2004

Page 1

_____________________________________________________________

MEMBERS OF SELECTMEN PRESENT:   Charles Coldwell,  Joe Gill, John Ryan, Doug Sears and Jerome Selissen

MEMBERS OF FINANCE COMMITTEE PRESENT:  Ray Shaw, Kevin Donnelly, Tom Cooke, George Donovan, John Dunfey, Ronald Hall, Todd Johnson, John Wynn.  MEMBERS ABSENT:  Kenneth Holden

Town Manager Dave Cressman, Steve Sadwick and Attorney Mark Bobrowski also present.

Proponents:  Atty. Richard O’Neill, Elizabeth Link, and David Wahr representing the Mills Corporation also present.

Attorney McGarrah, of Foley and Hoag is also present but will not participate.

Mr. Gill called Public Hearing to order at 7:00PM.  Mr. Gill explained how this public hearing will be conducted, he explained this meeting is for informational purposes only and no votes will be taken and that the Board of Selectmen and Finance Committee will be make their recommendations at Town Meeting.  Mr. Gill asked Finance Chairman Mr. Shaw if he had anything to add at this time, Mr. Shaw responded not at this time. 

Proponents Presentation:

Ms. Link thanked the townspeople and elected officials. She spoke of the time spent to put this project together and between them both came up with a better project for the town.  She is looking forward to the vote at Special Town Meeting 5/4/04.

Mr. Wahr will speak of contractual obligations after Mr. O’Neill gives project specifics and overview of the project.

Mr. O'Neill explained how the project began, where the mall and ramp system (ring road) will be located.  He spoke about the By-laws and changing of the zoning from residential to commercial. He spoke about the 600’ buffer zone for the residence of Jennies Way and how this cannot be in the zoning agreement but would be in the development agreement.  He spoke of this being a two way street with the residents and Mills Corp. and that Mills Corp. has made themselves available to speak to the residents numerous times. He explained who the abutters are.

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Public Hearing

April 15, 2004

Mr. O’Neill continued, this project would have a great deal of influence on this town for years to come.  He explained that there would not be access from any of the town’s streets, except for emergency vehicles.  Mr. O’Neill explained that should the need arise, the ramp system could be used for evacuation in the event of flooding. He said the mall would be approximately two-thirds the size of Burlington Mall, a 2 story structure.  

Mr. Wahr spoke of the development agreement between Mills Corp. and the Town.  The agreement is so the town can no what to expect.  Many items may or cannot be in the zoning by-laws but Mills Corp. will be providing them to the residents and abutters.  This agreement is the result of 8 months of study of many parties including the selectmen’s study committee, Mills Corp. consultants, consultants hired by the town and many residents.

Development agreement:

-Protecting rights of Jennies Woods:  Mills Corp. will leave it in its Natural State.  Mills Corp. will create a 600’ buffer for Residence of Jennies Way.

-Replication of Wetlands:  Mills Corp. will replicate any wetland disturbed

-Local Traffic:  Due to the increase of traffic on East, Shawsheen and Salem Streets, 6-8 intersections will be improved.

-No access from Tewksbury Roads:  There will not be any access to mall area with the exception of emergency vehicles. 

-Acoustical Criteria:  Study was done at Jennies Way any the criteria exceeds the by-law.

-Water and sewer:  Mills Corp. will do or will pay for any improvements including a water tank for pressure problem if needed.

-Ambulance:  Mills Corp. will pay $150,000.00 for a new ambulance for the South Street Fire Station.

-Easement Rights:  Mills Corp. will allow use of ramp system no cost to the town for vehicles to clean up at  Roccos Dump.

-Skating facility:  Mills Corp. shall make the facility available to the School Dept. and the Recreation Dept. for 150 hours each at a discounted rate.  Also, the Tewksbury Youth Hockey Association at a discounted rate.

-Development Fee:  Building permit fee 1,100,000.00.  Zone agreement 750,000.00 and the water and sewer $350,000.00.

Proponents presentation completed.

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Public Discussion:

Mr. Amar Bagul, 99 Jennies Way, Tewksbury, MA

Mr. Bagul submitted two pictures.  His property line is quite a distance shorter than 600’ buffer promised by Mills Corp.  He would like the 600’ buffer he was promised at numerous meetings with the proponent. He would also like to know why his property was excluded from the acoustical study, would like a wall for noise.   Please consider his concerns.

Ms. Jan Cave, South Street, Tewksbury

1.  She doesn't think it was fair or proper to change this area from commercial to residential R40 in 1992 and now change it back to commercial. 

2. Where will the emergency access road be?  Mr. O'Neill; Either access through South St to Jennies Way or connection at South Loop or maybe abandoned railroad.

3. Raised issue of buffer zone at her property and wetlands protection 

4. How will this effect our house and auto insurance?  Mr. Sadwick, unknown at this time.

Donna Pelsar, Trull Road, Tewksbury

1.  Would like any well water to be used tested for toxic waste.  Mr. Sadwick, no decision has been made yet on whether or not to use well or town water but testing would be done.

2.  She also had concerns of the $3 million tax revenue income to town.

Cindy Lopes, Andover, MA

1.  Would like to know if there will be a buffer zone at the reservation.  Mr. Sadwick, this will be under review for the Conservation Committee.

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Susan Duffy, 66 Catamount Road, Tewksbury, MA (S.T.O.M.P.)

1.  How many seats will be in the ice arena?  Mr. Wahr, unknown at this time.

2.  Which intersections will be modified to accommodate traffic?  Mr. Wahr, in the report by the town consultants and the intersections will be if not already posted on tewksburymills.com website.

3.  What will the square footage be?  Mr. Wahr, 750,000 Ft2 maximum 805,000 Ft2.

4. Raised issue of what development agreement $1,100,000.00 includes.
5. Town assessor expects town revenue will be $1.8 million to $3 million only if Mills Corp. assumes all the capital cost.  In reading the agreement Mills Corp. will not be paying all the capital cost. Please explain?  Mr. O'Neill,  Mills will be picking up cost of capital improvements.

Mike Flynn, Heindenrich Drive, Tewksbury

1.  This needs a majority vote to pass at Special Town Meeting?  Mr. Gill, yes.

2.  Can this be rescinded later down the road by a town meeting? Mr. Gill, yes

3.  Page 7 (STMW) Interstate Highway Improvements.  I understand we will hold occupancy permits until the ramp is built.  Why should they get a building permit before the ramp is built?  Mr. Bobrowski, it is believed no funding will be given until the ramp is approved and/or partially built.

4.  Page14 Item 17 (STMW) Skating Rink  “weasel words”: We may build skating?  Mr. Gill, we received this (STMW) the same time as the residents and we (the selectmen) are reviewing many sections of this agreement and the wording.

Bill Hurton, 1830 Main St. Tewksbury, MA

He spoke in favor of the mall for numerous reasons, including revenue, jobs during construction, jobs after.  He would like to finance committee to recommend all 3 articles at town meeting.  Clarification Articles 1 & 2 Majority votes and Article 3 needs a 2/3rds vote to pass.

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Robyn Gill, 51 Pringle St. Tewksbury, MA

1.  Is this the only mall we know of with only one access?  Ms. Link, yes

2.  What does the abandoned railroad mean? Mr. Cressman, it is no longer used by the railroad company.

3.  Does the real-estate transaction with Boston Maine in the newspaper have anything to do with this project?  Mr. O’Neill, No.

4.  Why did Articles 1-3 just come out in the mail?  Mr. Cressman explained that the (STMW) was over 80 pages in length and that an employee fell ill. 

Lorraine Patch, 66 Carnation Drive, Tewksbury, MA

She spoke in favor of the mall for the jobs and tax revenue. 

Robert Kelley, Tewksbury

1.  Takes exception to Page 4 Para. 5 (STMW) “there are no substantial changes”.

2.  Who will make the decision for Page 7 1st para. Last sentence (STMW)?  Mr. Gill, the Board of Selectmen will.

3.  Who will be responsible for repairs and maintenance page 10, sec. 10 (STMW)?

Mr. O'Neill, Mills Corp. will repair and maintain.

4.  Raised issue of $270,000.00 reduction after the fact.

Judy Fittery

19 Bemis Circle, Tewksbury, MA

1.  How can we vote on the unknown?  Mr. Gill, that is personnel decision.

2.  What is size will the cinema be?  Mr. O'Neill, unknown at this time

3.  Emergency access off 93 for flooding purposes:    Mr. O’Neill, This will be gated at all times except emergency use.

4.  How much will taxes go down for residence?  Unknown at this time

5.  Raised issue on effect of local business.

6.  Possible Boston Bruins Venue:  Mr. O'Neill, The Bruins lease will be up in Wilmington approximately the same time frame the mall will be under way.

7.  New ambulance:  Mr. Gill, the town needs and ambulance anyway.

8.  Notes subcommittee members have stepped down.

9.  Opposition (STOMP) did not hear from proponents.  Mr. O'Neill responded, we attempted to speak with them.

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      Public Hearing

      April 15, 2004

LeAnn D'Tremont, 50 North Gate, Tewksbury

Spoke in favor of the mall, stating the towns many changes (for the better) over the years.

Mark Wood,  671 Chandler St.  Tewksbury

Point of Order:  He would have like some clarity on when people should have spoken

about the Articles.  The Articles 1-3 are so closely connected some people are speaking generally about all three, others are speaking about specifics.  Would like to know how this will be handled at town meeting?  Mr. Gill, this will be the moderators decision.

Public decision ended 9:48 PM

Kevin Donnelly, Finance Committee, Point of Information.  Would like to know where the development agreement referenced on page 4 is .  Atty Bobrowski - In Article 3 exhibit B.

Mr. Sears

1.  Would like to have explained who does own the land on Tewksbury Map lot 109.  Mr. O’Neill, Perkins owns land and Mills does have a contract with Perkins.

2.  Can Mills Corp. guarantee once zoning is passed Mills Corp. will not sell land to another developer.  Ms. Link,  no I can not. At the present time Mills Corp. Board of Directors want the Tewksbury Mall built.

Mr. Selissen

Raised the issue of needing to sell water and sewer to Wilmington.  Mr. Walsh response – we will not need to sell, we have a 4.25 mge and the flow back to Lowell will be under that.

Article 1:  Discussion closed:

Article 2:  No discussion

Article 2: Discussion closed

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Article 3:

Public discussion

Mike Flynn, Heindenrich Drive, Tewksbury

Time Limit: (Suggestion) Could it be put into the development agreement that if it becomes null and void that the zoning goes back to the original zoning. 

R.J. Kelly, Tewksbury

Procedural suggestion:  The development agreement be signed before Article 3 is voted on.

Al Vasas, 8 Pace, Tewksbury

Spoke in support of the article.  Asked Mr. O’Neill would happen to the land if the Articles do not pass.  Mr. O’Neill, housing.

Frances Senneville spoke in support.

Susan Duffy, 66 Catamount Road, Tewksbury

Comments

1. Customers of the mall will be using East, Shawsheen and Salem Streets to get to the mall, according to study this will be 1500 cars per day.  Also noted that the movie theater was not included in that study.
2. The town wants a viable town center, by putting a mall in is not going to help get this center
3. Whether you are for or against the mall, we should be getting the best deal for the town.  Mills Corp. has given quite a bit more to other towns.
4. She is the STOMP Chairperson
5. Raised issue of public notices when they are in paper.

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Judy Fittery, 19 Bemis Circle, Tewksbury

Comments

1. Mostly part time jobs will be offered at the mall without benefits.
2. Raised issue of who owns land
3. Begging residents to vote no on these articles.

Michael Sitar, Chandler St. Tewksbury

Spoke in favor of the articles.

Gerry Davis, 1 Woodan Ave, Tewksbury

He represents Perkins Trust.  He spoke in favor of the mall not only because Perkins will benefit but the residents of the town will also benefit.

Roy Patterson, Tewksbury

He spoke in support of the mall and in support of Mills Corp. 

Bill Hurton, 1830 Main St.

Point of information:  Wants residents to know this needs a 2/3^rds vote to pass and he would like residents to come out May 4, 2004 and vote in favor.

Peter Gurietter, 135 Jennies Way, Tewksbury

Raised issue of T.I.F.’s on this project.

Paul Ferrira, East St. Tewksbury

1. Will the taxes go down?  Boards, unknown at this time. 
2. He does not feel we need a mall to babysat our kids.

Michael White 35 South Rhoda, Tewksbury

Spoke in favor of the mall.

Public questions over 10:35 PM

No questions from Board of Selectmen or the Finance Committee.

      The chairman declares the hearing closed at 10:40 PM