May 23, 2001Deal is done, land swap passesBy John White BURLINGTON—After more than 18 months of false starts and confronting a variety of impediments, the three-way land exchange made it to Town Meeting Wednesday night and gained approval by a comfortable margin. At the conclusion of almost three hours of discussion, three articles (voted together) which required a two-thirds margin for approval were passed, 74-22. With Town Meeting thus expressing its commitment to the plan, representatives subsequently approved the remaining nine articles (also voted at once) on the special warrant by a standing majority. The town, local developer Gary Ruping, and the Gutierrez Co. will now proceed with implementation of the unique arrangement. The primary properties involved in the transaction are Grandview Farm, which goes from Ruping to the town; property on Mountain Road, most of which is conveyed from Gutierrez to Ruping, and a site on Wheeler Road which Gutierrez acquires from the town. The comprehensive permit which Ruping had gained for 99 units on Grandview Farm is abandoned.
Presentation Discussion opened with a lengthy presentation from the proponents. Selectman Gary Gianino noted that the process started with the board setting construction of senior housing as one of its long-range goals. He said the plan allows seniors to remain in town and is being done at “no cost (to the town) other than some legal costs.” Town Administrator Robert Mercier said the plan for Grandview Farm, which goes from a One Family Dwelling District to a Planned Development Distrait, will allow for construction of 48 units of senior affordable housing. The housing will be built and managed by the South Middlesex Opportunity Council (SMOC), a not-for-profit group. The units are designated for Burlington residents only in perpetuity. The farmhouse, explained Mercier, will be “preserved and renovated for municipal uses.” He said the barn, which is crumbling, will be replicated on the site of the Francis Wyman House across town. There is an easement involving a portion of the Human Services Center property for access, parking, and in order to give SMOC the five acres it needs for an affordable housing development. The units will be in one building. Grandview Farm comprises just under six acres. The town also gains three adjoining lots on Sleeper Drive, said Mercier, which “potentially” could be sold to finance renovations of the farmhouse. Turning to the property between Wall Street and Mountain Road, Mercier noted that Gutierrez already has approval for a 170,000-square-foot office building. With Town Meeting’s action Wednesday night, zoning in this area changes from One Family Dwelling and General Industrial to a Planned Development District. This will allow for structured parking for the office building. In another section of the 32-acre site, Ruping will construct 144 market-rate apartments one and two bedrooms along with 36 units of senior affordable housing. While Ruping will maintain ownership of the entire complex, the senior units will be designated for Burlington residents in perpetuity. The apartment buildings will be three stories, with rents for the seniors about half of that for the market-rate units, stated Mercier. There will be a club-house and pool area which all residents can use. About 6.4 acres will be converted to conservation land and there will be a habitat area for the Eastern box turtle. On Wheeler Road, Gutierrez can construct a 159,000-square-foot office building by right on the 14.6-acre parcel. The land is zoned for General Industrial use. As part of the transaction, Gutierrez will pay the town a minimum of $75,000 per year over 20 years. Ruping will make payments of at least $25,000 per year over 20 years. Mercier, noting Town Meeting wanted the board to proceed with eminent domain proceedings for Grandview Farm, said he and the board believe this is a better course of action. “We don’t believe eminent domain is prudent,” he commented. Mercier also told the representatives that all the plans must go through the usual approvals. “This is not a slam dunk,” he said. “Folks have to go through the usual process.” The town administrator said the plan, through it has some drawbacks, addresses the goals of the Community Preservation Act (open space, historic preservation, senior housing) without imposing a property tax surcharge. “It is not perfect. It’s the best we could come with,” he said.
Debate George Cooper, noting he was speaking strictly as a Town Meeting member (he also chairs the Ways and Means Committee), questioned various aspects of the deal including the finances involved. He noted that while Gutierrez appears to take a paper loss, the land adjoining the Wheeler Road site (occupied by a Siemens-Nixdorf office building owned by Gutierrez) carries and assessed value of over $25 million. The land which Gutierrez is acquiring has been assessed at $6.3 million. Cooper directed most of his criticism at the gains which Ruping will make after proposing a comprehensive permit. “In my view, he’s held a gun to our head,” stated Cooper. “We’re actually rewarding him by giving him more than he had.” Precinct 3 Rep. Paul Valleli called the plan “a mega-project” which will negatively impact residents. He said he agrees with the need for affordable housing, but stated that a number of infrastructure changes are needed before the exchange goes forward. Valleli said he petitioned the state Department of Environmental Protection to halt the project. Precinct 5 Rep. Nancy Hofferty said she has received many calls in support of the exchange. While stating she has “some concerns,” Hofferty said she believes the positives outweigh the negatives. “I think the town has more to gain by going forward with this project,” said Hafferty. Precinct 4 Rep. Frank Monaco spoke in opposition, commenting, “From my point of view, this deal is too complicated,” Monaco said he believes the town could gain more senior units in a straight-up exchange with Gutierrez. He said Ruping has an “excellent plan” for Grandview Farm, including preservation of the farmhouse, and said the comprehensive permit should go forward. Precinct 3 Rep. Jack Kelly spoke in favor of the proposal, stating, “I don’t think we’re rushing into something we’ve been working on for two years.” He said the town would face higher labor costs in developing housing itself due to the prevailing wage law. Kelly argued that the proposal addresses a number of items, including neighborhood issues in the Mountain Road and Grandview Farm areas. “If we try to please everyone now, we won’t please anyone at all,” he said. Precinct 3 Rep. Anne Rowe said she received many calls in opposition to the exchange and said members were being asked to vote for “a concept” rather than a definitive plan. Arlene DiRocco of the Senior Housing Study Committee said the plan meets a vital need for seniors who want to stay in the town, but wish to or need to sell their homes. “I want you to think not just from your head, but from your heart,”she said. Planning Board member Paul Raymond said failure to enact the proposal would result in a comprehensive permit on Grandview Farm and a less desirable use on the Mountain Road land. After an initial motion to halt debate had failed, a second effort was successful and votes were taken. A total of 99 of the 108 Town Meeting members attended the special session.
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