Maps and Diagrams of the Land
The Land Close Up, photos by Peter Severence
Frank Karkota Photo Album: (some photos are of Snake Meadow Hill)
Getting Lost on this land
The woods in Graniteville may soon become a small village of its own.
Totaling 248 housing units on 180 acres of land, spreading from West Street to Cowdry Hill Road to the granite quarries near the Groton border, Graniteville Woods Affordable Housing Project will be one of Westford's largest developments.
Attorney Doug Deschenes, representing Emanouil Development, is seeking Local Initiative Project (LIP) status to secure 40B status for the project.
"LIP is a cooperative effort between the developer and the Board of Selectmen," Deschenes said. "By doing this as an LIP it will provide greater opportunity to the town in deciding what this project looks like," he said.
Deschenes said the developer worked on plans for two years prior to this presentation to make Graniteville Woods aesthetically pleasing, environmentally friendly and beneficial to the town.
When complete in four to six years, Graniteville Woods will include 66 three-bedroom single-family homes, 44 age 55 and over restricted homes, 78 townhouses, grouped in clusters of three, and two three-story apartment buildings with 30 rental units in each. A total of 25 percent of the units will be sold as "affordable."
"I want to congratulate the idea of a variety of housing types," said Elaine Nickerson, vice chairwoman of the Westford Affordable Housing Committee.
Project plans show the homes clustered close together and Deschenes said that three-fourths of the land will remain open space. "That could be for the public. We have noted the existing walking trails on the site," Deschenes said. "We have tried to design it in a manner that works with the topography of the land," Deschenes said.
"There is no question that a development of this size will have some impact on the town," Deschenes said, and, although the developer attempted to minimize impact, residents and selectmen still voiced concerns.
Selectman Chris Romeo said, "the project is enormous," and said he would like to see an impact study including variables such as infrastructure, traffic and endangered habitats.
School Committee Chairwoman Betsy Andrews said, "I would like to support the study on the impact and keep the schools in the loop."
There was also concern regarding the Blanchard Middle School that is located on West Street, directly across from the proposed entrance to the development.
Planning Board Vice President Andrea Peraner Sweet said, "some issues that scream out to me from a planning perspective are access." Sweet said traffic near the school will create a public safety issue and said that a project of this size will burden the police and fire departments, especially because the nearby Rogers Fire Station is not currently staffed.
The Board of Selectmen have not yet made a determination on LIP status for Graniteville Woods.
Abutters should contact Assistant Town Manager Norman Khumalo with questions or comments.
General town forum on town politics
Specific forum on this project
web site for Doug Deschenes
web site for Hancock Associates
Westford Environmental News and Action Committee website
?????? what is the web site of Emanouil Development ????
1) From Westford Assessor's property search database: Granite Hill Estates, LLC, owns 2 large parcels off of Cowdry Hill Rd: Parcel 29.0070.0000, 29.01 acres, Registry Book 10576, page 123; parcel 29.0084.0000, 60.57, same Registry book/page
2) From the Registry, http://lowelldeeds.com/ Granite Hill Estates, 30 Hunt Rd, Chelmsford, paid $470,000 on 12/15/1999 for : Parcel 1 (6 ac), parcel 2 (30 ac), parcel 3 (13 ac), parcel 4 (14 + 15 + unk ac), parcel 5 (16+9+5+14+unk ac)
The deed give info on previous owners and recorded deeds. I've attached a copy. It is 8 pages, and you'll need an application such as Irfanview that can read multi-page tiff files. You can also read it on-line.
3) From MA Corporate Division, http://corp.sec.state.ma.us/corp/corpsearch/corpsearchinput.asp Granite Hill Estates, LLC was formed in 1998 [by] Peter C. Emanouil. Its principal address is 17 Progress Rd, Chelmsford (not 30 Hunt!). He is the sole officer.
It appears that he has been planning on developing this area for a while. I wonder if he is a developer who operates under other corporate names, too.
-- Kate Hollister
The map that is on this forum and being shown to town official only represents half of the development. The developers own land on the western side of Cowdry Hill Road that may be as much as 100 acres. They have done extensive soil and perc tests on this land and it is probably more buildable than the eastern tract which is being discussed.
I suspect that they are concealing the massive size of this project to minimize the opposition. When looking at the impact of this development, people should double or triple the impact to allow for the what is not currently disclosed.
The state Department of Housing and Community Development (DHCD) granted Westford a hiatus on 40B housing projects until December because the Concord Place and Woodlands at Laurel Hill developments added 88 affordable units or three-tenths of one percent of the town's total. The increase triggered a state rule that grants towns a temporary reprieve from future 40Bs. "Allowing towns a moratorium, gives them some breathing room to plan for the creation of more 40Bs that fit into their community," said DHCD spokesman Phil Hailer. (Lowell Sun, Feb. 14, 2006)
Deschenes also forfeits $3,862
The Massachusetts State Ethics Commission today issued a Disposition Agreement in which Westford Affordable Housing Committee (AHC) member Douglas C. Deschenes admitted violating the state’s conflict of interest law and agreed to pay a civil penalty of $5,000. Deschenes also agreed to forfeit $3,862, the compensation he had received for work done in relation to matters involving the AHC.
According to the Disposition Agreement, Deschenes, an attorney, violated G.L. c. 268A, § 17(a) and (c) by representing clients for compensation on 11 different plans before the AHC. Deschenes presented their concept plans for affordable housing projects and answered questions about those projects. Deschenes did not participate as an AHC member in matters involving his clients.
Section 17(a) of the conflict law prohibits a municipal employee from receiving compensation from anyone other than the town in relation to particular matters in which the town has an interest. Section 17(c) prohibits a municipal employee from acting as an attorney for anyone other than the town in connection with a particular matter in which the town is a party or has a direct and substantial interest. By acting on behalf of his clients for compensation in matters before the AHC, Deschenes acted on behalf of his clients for compensation in connection with matters in which the town had an interest.
A town official owes undivided loyalty to the town he serves and may not put private interests before public responsibilities,” said Executive Director Peter Sturges. “An attorney, who has a professional obligation to zealously represent his client, can’t possibly comply with that professional obligation and, at the same time, meet his ethical responsibility to provide undivided loyalty to the town he serves. This is particularly true when an attorney appears before the very board on which he serves.”
Housing plan stirs debate
By Ariel Z. Burch/ Staff Writer, Westford Eagle
Thursday, March 2, 2006
The Board of Selectmen is seeking citizen input regarding the
proposed Graniteville Woods affordable housing project. At 248 units
and 180 acres, it is one of the largest developments in Westford's
history.
At least 13 abutters spoke at a recent meeting of the Affordable
Housing Committee, said chairwoman Elaine Nickerson.
At Tuesday's Board of Selectmen meeting, Bill Stewart, of 67
North Main St., said he and his neighbors are worried about
construction impacts to their properties. Stewart said his 1851
home, a National Historic Landmark, sits upon a granite ledge that
reaches back to the quarry. He said blasting could damage his
foundation. Stewart also said he is concerned about noise from
blasting and potential water runoff.
"None of us are interested in becoming a pumping station for the
project," Stewart said.
"There is not a selectman here that doesn't realize the
infrastructure impacts," said Selectman Chris Romeo.
Selectman Bob Jefferies said a pre-building study will be
conducted, as with any construction project, to protect abutters. "I
do not want state regulations ruling here. I want local protections
as well so that what you [Stewart] are describing, in no way can
happen," Jefferies said.
Attorney Douglas Deschenes, representing Emanouil Development is
seeking Local Initiative Project (LIP) status to work with the town
to secure 40B status for the project. The recent grant of a one-year
respite for the town from building any 40B housing will not apply to
the Graniteville Woods project.
"This will give the Board of Selectmen some degree of control
from the inception," Romeo said.
Under LIP protocol, the Affordable Housing Committee will make a
recommendation to the Board of Selectmen about whether the board
should approve LIP status.
The land proposed for the project, which extends from West
Street, to Cowdry Hill Road to the granite quarries near the Groton
border, is also available for sale to the town. Deschenes said his
client is willing to speak with the Board of Selectmen about the
possibility of a sale.
"If there is a possibility for the town to develop the property
on our own, we owe it to the town to investigate that," said
Selectman Jim Silva.
The selectmen will discuss purchase of the land, in whole or in
part, during executive session at their next meeting. Romeo also
said he wants to receive input from town boards. "We are always
looking to increase communications between our boards, especially
since this is such a large project," Romeo said.
A joint meeting with the developer and all relevant town boards
will be held within the next month.
Any residents with questions or suggestions about the
development should contact Assistant Town Manager Norman Khumalo at
nkhumalo@westford.mec.edu.
Graniteville Woods draws opposition
By Ariel Z. Burch/ Staff Writer, Westford Eagle
Thursday, April 6, 2006
The proposed Graniteville Woods affordable housing project faced
strong opposition at a meeting Thursday with residents and members
of nearly all town boards.
Attorney Douglas Deschenes, representing Emanouil Development,
is seeking Local Initiative Project (LIP) status to work with the
town to secure 40B status for Graniteville Woods. The recent grant
of a one-year respite for the town from building any 40B housing
will not apply to the Graniteville Woods project, one of the largest
developments in Westford history.
Under LIP protocol, the Affordable Housing Committee (AHC) will
make a recommendation to the Board of Selectmen about whether the
board should approve LIP status, following public input sessions
such as last Thursday's meeting.
If the town decides not to partner with Emanouil Development,
the developer can still go forward with the project, but the town
will have less control.
Deschenes said, "it is my experience that towns prefer a LIP as
opposed to other 40B projects where they have less control."
About 200 residents attended the meeting and many raised issues
about the 248-unit project. The proposal will encompass 150 acres
from West Street to Cowdry Hill Road to the granite quarries near
the Groton border.
"We don't have a plan. We just have here a conceptual plan for
the developer to speak to in theory," said AHC Chairwoman Elaine
Nickerson.
Joseph Peznola of Hancock Associates said all access to the
development will be located across from the Blanchard Middle School
on West Street and on Cowdry Hill Road.
"This is certainly a very beautiful piece of property, but also
a very developable piece of property," Deschenes said. The mixed
housing project will include single-family homes, town houses, two
apartment buildings and 55-and-over, age-restricted housing.
In total, 25 percent of the units (104 units) will be affordable
and 100 acres will be protected as permanent conservation land,
Deschenes said. The developer plans to maintain some land for
municipal use, such as the land that abuts the highway garage and
will consider the possibility of a group home or Habitat for
Humanity project.
The developer estimates a net positive tax revenue of $1.1
million to $1.4 million, and will phase construction over four to
six years to minimize impact to municipal services.
"Most important about this project, I think, is it is an
opportunity not only to increase affordable housing in town but to
give the town significant control over 40B projects for the next
year or two years," Deschenes said. Westford recently gained a one-
year moratorium on 40B construction because the AHC reached its
proposed threshold for affordable housing development.
Deschenes said this project will bring the town closer to its
affordable housing goal and may make the town immune to 40Bs for two
years.
Town board members and residents said they are concerned about
the inevitable impact a project of this scale will have on municipal
services. The traffic on West Street was a major concern, as the
road is already narrow, with no breakdown lane, no sidewalk and no
room to walk. West Street has a heavy traffic flow and is often used
by residents of neighboring towns to access Route 495, residents
said. Also, visitors to St. Catherine's Church already create an
overflow of traffic onto the street, said Leslie Russell of West
Street.
The proximity of the West Street entrance to Blanchard Middle
School was also a major safety concern, especially if children walk
to school along the busy road.
Graniteville Woods will also impact school enrolment and
finances, said Assistant Superintendent Everett "Bill" Olsen. He
said the development will increase enrollment by approximately 175
students, about 70 percent of them in the elementary schools. This
will require three additional school buses and five additional
teachers and will cost the school system $450,000 to $550,000 each
year, not including the cost of support staff.
Even assuming that the enrollment increase will not affect the
schools until the 2007-2008 school year, Olsen said the impact will
be great.
"The reality of it is the high school is filling up and so are
the two middle schools, so that is a real point of concern," Olsen
said.
School Committee Chairwoman Betsy Andrews said, "I would highly
suggest that they re-look at the number of units and bring them
down." She said this project will likely lead to extreme enrollment
increases and facility strains like those that resulted from the
Greystone development, which necessitated a new elementary school
and middle school.
Other residents said they are worried that the development will
ease access to the old quarries that run along the edge of the
property. The quarries are popular, but dangerous, hangouts for
local teens and have been the scene of accidents as recently as last
summer.
Safety concerns might necessitate manning the George Rogers Fire
Station on Town Farm Road
Conservation Commission Chairman Eric Fahle, Director of
Environmental Services Darren MacCaughey and Planning Board Chairman
Mike Green said they are concerned about blasting that may
contaminate area wells with perchlorate.
Deschenes said a thorough pre-blast survey will include
examination of foundations of all nearby homes so that home-owners
may be reimbursed for any potential damage.
Green also suggested that the developer provide on-site
maintenance and review during construction to avoid any problems.
Other residents are opposed to the development because of social
and historical reasons and said that Graniteville Woods does not fit
the character of Westford.
Cindy Lane, a third generation Westfordite asked, "where is the
one house on an acre that made Westford the way it was? Why are we
creating a mini-city? And that is what it is up on the hill."
Dennis Galvin of the Planning Board said, "I see this particular
initiative as opposite of town growth policy. I am very concerned
about this."
"The bottom line is, the developer is going to do this and we
are going to get the tab," Galvin said, and was met by applause from
the majority of the crowd.
The AHC will consider all input in deciding its recommendation
to the Board of Selectmen for or against a LIP.
Letter: Westford cannot afford Graniteville Woods
Thursday, April 13, 2006
To the editor:
There is rapidly growing debate and very serious concern over
the proposed Graniteville Woods project. It is becoming more of an
issue than just another development that includes an affordable
housing component. It's an issue about how the town can sustain a
development with more units than Greystone, which mushroomed our
taxes, prompted an override, necessitated new schools, and changed
the landscape of the entire town. Graniteville Woods highlights the
need for responsible, managed growth in Westford. It begs us to seek
ways, as other neighboring communities have done, to comply with 40b
laws while minimizing the impact of development on our schools,
infrastructure, taxes, and the environment.
Housing projects that only add a few units to the town's
affordable housing stock (and therefore add the bulk of units to
our 'unaffordable' housing stock) position us on the losing end of
an equation that perpetuates the need for more affordable housing.
Although no one begrudges the developer his right to make a
profitable living, it almost seems unethical to propose a
development that does not fit into the town's affordable housing
plan and uses the 40B laws as a mechanism to override our local
zoning bylaws. And although the developer may be offering to
mitigate costs through donations of land or construction, these are
only temporary benefits, and do not help the town sustain the long-
term demand of more schools, salaries, services, and infrastructure.
A better option for the town would be to welcome developers whose
concepts show full capacity of affordable units, to be built in
locations that align with the Affordable Housing Committee's plan.
Westford cannot afford to roll over and let developers plan our
future, skyrocket our taxes, and clog our streets.
Now is the time to strongly encourage sustainable, managed
growth. We can not afford Graniteville Woods.
Mark Rottger
Meadow Lane
By Ariel Z. Burch/ Staff Writer, Westford Eagle
Thursday, June 15, 2006
The proposed Graniteville Woods project faced strong opposition at the Board of Selectmen meeting Tuesday.
Selectmen decided to form a working group with members of a citizens' committee to gather more information about potential alternatives to large-scale development of the land off West Street.
Attorney Douglas Deschenes, representing Emanouil Development, is seeking Local Initiative Project (LIP) status to work with the town to secure 40B status for Graniteville Woods. The recent grant of a one-year respite for the town from building any 40B housing will not apply to the Graniteville Woods project-- at 248 proposed units on 150 acres, one of the largest developments in Westford history.
If the town decides not to partner with Emanouil Development, the developer can still go forward with the project, but the town will have less control.
A citizens' group gathered 1,100 signatures, in a town historically known for low voter turnout, in opposition to the proposed development. Representing the citizens' group, Philip McKinley of West Street told selectmen Tuesday that entering in to a LIP partnership with Emanouil would harm the town for many years to come.
McKinley also said a LIP partnership will send the message that the Board of Selectmen fully supports the developer. He said a partnership should give equal benefit to both parties. This partnership, however, would create enormous profit for the developer and only provide the town the burden of supporting the costly infrastructure, McKinley said.
"The idea here is to keep the town out of it because we want to fight the developer," McKinley said.
"The town must protect its interests right now," McKinley said.
McKinley said the citizens' group hopes to prevent any development of the land, including a 40B if selectmen decide not to enter into a LIP partnership.
McKinley said the town can protect itself from 40B development by arguing that this land is not viable for health, safety and environmental reasons.
"If your plan is to fight it all the way and keep the 200 acres open that would be an amazing struggle," said Selectman Bob Jefferies.
Like any town, Westford is not immune to the eventuality of 40B developments, said Board of Selectmen Chairman Chris Romeo.
"Unfortunately, we make such a nice nest here in Westford that everybody wants to come in and we don't have the infrastructure to support that," Romeo said.
However, selectmen said a LIP will give the town at least some degree of control over the development.
"A LIP is sort of a soft, velvet glove 40B where the developer says to the town of Westford, 'will you partner with us?'" said Romeo. "I have a hard time swallowing that word, 'partner,'" Romeo said. But, he said Westford should take advantage of the unusual opportunity Emanouil has given the town to provide input on the project and enter into a partnership.
"We should exploit that to the best interest of the town," Romeo said
Jefferies said that if the town decides not to enter into a LIP agreement, Emanouil could easily develop the land as a 40B. He said there would be few measures the town could take, at that point, to control development, contrary to McKinley's statement that a 40B development could be avoided.
"If we don't support the LIP, we have nothing to say," Jefferies said. "If 40B goes through we have accomplished nothing," he said.
The Affordable Housing Committee (AHC) recommended that the selectmen move forward with the process of deciding upon entering into a LIP agreement pending agreement by the developer to pay for preliminary reviews of project impacts and an appraisal of the land.
The AHC also said the developer should be required to adhere to three pages of guidelines that include abiding with environmental bylaws and restrictions, committing to maintaining 40 percent of the units as affordable, and maintaining the project as mixed use.
Further details about the AHC recommendation may be found on the town Web site and at Town Hall.
By Ariel Z. Burch/ Staff Writer, Westford Eagle
Thursday, June 29, 2006
Bankruptcy may loom in Westford's future if the town is forced to deal with large developments like Graniteville Woods, selectmen say.
"This is extortion," said Board of Selectmen Chairman Chris Romeo Tuesday. He said the town must expend resources and money to deal with Emanouil Development, the developer of Graniteville Woods.
"Isn't this a recipe for potential bankruptcy for the town if we have to spend this amount of money each and every time?" Romeo asked.
Selectmen Tuesday formed the Graniteville Woods Negotiation Subcommittee to gather information and plan the best strategy for dealing with the developer. The subcommittee is charged with investigating the expense of partial or complete purchase of the property or development under current zoning bylaws and will present its findings by special Town Meeting this fall..
The subcommittee includes citizen at large Phil McKinley, Selectman Bob Jefferies and one member each from the Planning Board, Finance Committee and Affordable Housing Committee.
"It is overwhelmingly complex and I think we could use all the help we can get," said Romeo. "The task is Herculean," he said.
"Bankruptcy is definitely a possibility," said resident Bob Krankewicz. He said the town should develop land to reach a moratorium that will prevent 40B development.
"I agree with you, Bob, but you show me where and I'll show you a series of abutters who say they don't want it there," Romeo said.
Affordable Housing Committee Chairwoman Elaine Nickerson said large developments could be avoided if Westford supported more small projects, such as those on Makepeace Road and Keyes Corner.
"If everywhere we turn there are people saying, 'no,' we need the rest of the town to help us so we can have those small projects," Nickerson said.
"We are exploring everything possible. We are trying to make the best decision for the whole town," Selectman Valerie Wormell said.
Although selectmen agreed that environmental issues are important in discussing Graniteville Woods, they did not accept Peter Severance's request to include a member of the Conservation Commission on the subcommittee.
"This committee has a defined task," Romeo said.
Audience members also voiced health and safety concerns, which selectmen said should be brought to the attention of the Zoning Board of Appeals.
For example, Gus McLachlan of Groton Road said the construction of Graniteville Woods will increase perchlorate, a toxic, non-biodegradable chemical that is found in blasting materials.
"I'm the guy on the other side of the hill of the garage project and Graniteville Woods," McLachlan said. He said the surface and groundwater on his property has been contaminated with perchlorate for years.
"Graniteville Woods will have a huge impact on perchlorate in this area," he said.
Selectmen said they will do all they can to examine the possible impacts of Graniteville Woods.
By Joyce Pellino Crane, Globe Correspondent | June 18, 2006 (Boston Globe)
A small group of ardent environmentalists has mushroomed into a broad-based effort aimed at wresting control over high-density housing projects in Westford.
Focused on how growth affects the environment, the group has connected with opponents of a proposed housing development in the Graniteville section and now boasts more than 1,000 supporters.
But Citizens for Sustained Growth, which includes members of the Westford Environmental News and Action Committee, is butting up against the Affordable Housing Committee, which wants the town to work with developers to create reasonably priced housing.
The controversy is leading selectmen to form a task force to research rapid growth and how to control it while increasing the supply of housing at below-market prices.
About 80 members of the citizens group appeared before the selectmen on Tuesday with a petition of more than 1,000 signatures asking them to deny support for a proposed 248-unit complex at Graniteville Woods. They were preceded by Elaine Nickerson, chairwoman of the Affordable Housing Committee, who proposed a series of changes to the project but also advocated working with the landowners to meet state targets for lower-priced housing.
Referring to the ``banana" syndrome, which she said was an acronym for ``build absolutely nothing near anywhere for anything," Nickerson said in a phone interview Tuesday, ``I love nature, but not at the risk of not having affordable housing."
At Tuesday's meeting she reminded residents that the land is privately held by an owner who can choose to develop it. ``We need to work with the people who own the land," she said.
Selectmen, however, showed they are taking Citizens for Sustainable Growth seriously by suggesting formation of a task force for researching ways to better control the development of affordable housing. Members left the meeting gratified.
``Frankly, I think it went very well," said Tom Spuhler, a member of the grassroots effort that has been meeting regularly for several months. ``The primary goal was to keep the selectmen from making a hasty partnership, and they don't seem to have done that."
Among the members of the citizens group is Peter Severance, who several years ago formed the Westford Environmental News and Action Committee, a self-styled watchdog group over town boards and committees.
In August 2004, Severance's tenacity at finding an endangered species of salamander and bringing its presence to the attention of the Massachusetts Environmental Policy Act Office stymied plans for a bypass road related to a planned commercial development in the southern section of town. That development received Planning Board approval in 2005, but construction hasn't begun. Severance has also weighed in on weed control methods for town lakes and ponds.
Graniteville Woods is proposed for 150 acres off West Street and Cowdry Hill Road. The opponents' effort gathered steam in March, when Chelmsford-based Emanouil Enterprises Inc. filed an informal proposal seeking to partner with the town under the state's Local Initiative Program.
A so-called LIP is designed to give town officials more control over development than with most projects developed under the state's Chapter 40B law. In towns where less than 10 percent of the housing meets the state's definition of affordable, the law allows developers to skirt local zoning ordinances if the project sets aside at least 20 percent of the units at below-market prices.
Though the law gives developers the upper hand in their disputes with communities over such issues as density and placement of the projects, some developers take the less-confrontational LIP route in order to speed the process.
The petition from the citizens group asked selectmen to deny support to the developer, whose 13-page informal proposal seeks 66 single-family detached homes, 44 age-restricted single-family condominiums, 78 two-bedroom town homes, and 60 rental apartments. State law tallies all apartments as part of the affordable housing inventory, said Nickerson, even though not all will rent at below market rates. The buildings would be on 40 acres.
Attorney Douglas Deschenes, who represents the developer, said Emanouil appr oached town officials two years ago about a partnership on the land's development.
``With or without the LIP, something will be done with the property," Deschenes said, adding that Emanouil's ``preference would be to do a development that the town is behind."
Currently, 3.55 percent of Westford's housing qualifies as affordable. As proposed, Graniteville Woods would add about 100 affordable units, but also boost the overall housing stock.
Representing the citizens group, Phil McKinley, who lives near the site, said, ``the proposed Graniteville Woods project is not appropriate in . . . size, location, natural considerations, continuing costs to the town, and number of net affordable units."
The developer wants to make a profit, while the town has to ``live with the expenses and problems," he said. ``Given these differing goals, does a LIP make sense?"
In an interview after the meeting, McKinley said that he could support a proposal that is much smaller or in a different location, but that his group has not formulated a specific alternative.
At Tuesday's hearing, Selectman Robert Jefferies noted that the developer could drop the LIP idea and instead seek state permission to build the same development under a Chapter 40B comprehensive permit, which supersedes most contingencies imposed by town officials.
``If we don't do a LIP," Jefferies said, ``we get to say nothing at all."
Though the Affordable Housing Committee wants to work with the developer, it has its own ideas of what the project should look like. On May 26, the committee issued a four-page memo to selectmen and other town boards listing recommended contingencies in return for supporting the project.
Because there are more than 60 wetland sites on the land, and at least 16 that provide vernal pool breeding habitats, the committee wants the developer to abide by the town's wetland bylaw. It recommends 40 percent of the units be sold or rented at below-market prices. The committee also wants the developer to build a group home on the premises for a special needs population. In all, about 26 stipulations are listed in the document, which Nickerson said members compiled by researching what other towns required in return for supporting a LIP.
Citizens for Sustained Growth will meet again tomorrow at 7 p.m. at the J.V. Fletcher Library to determine their next step, said Spuhler. Among the decisions will be choosing representatives for the selectmen's task force.
By Joyce Pellino Crane, Globe Correspondent | July 23, 2006 (Boston Globe)
As an antidevelopment sentiment gathers steam in Westford, a local attorney who represents several developers is relinquishing his last position on a town committee in order to avoid the appearance of a conflict of interest.
Douglas Deschenes issued a letter to town officials on July 11, stating that he would not seek reappointment to a second three-year term on the Board of Water Commissioners. His reappointment was to have occurred at the board's meeting on Wednesday. Instead, members have begun advertising for Deschenes's replacement.
``There have been recent actions and statements by certain residents alleging ethical improprieties relating to my serving as a commissioner," he wrote in the letter to Town Manager Steven Ledoux, water Superintendent Warren Sweetser, and Water Commission chairman Robert Carter. ``While such allegations are unfounded and without merit, I do not want to do anything that would subject myself, the Water Department, or the other commissioners to even a question of impropriety or a conflict of interest. Therefore I believe it is best that I step down."
Deschenes is a lawyer for Chelmsford-based Emanouil Enterprises Inc. The company has filed an informal proposal with the town to build the 248-unit Graniteville Woods complex on 150 acres off West Street. Because some of the units would be sold and rented at below-market rates for moderate-income people, the state's Chapter 40B law makes such a development difficult for town officials to deny.
The proposal has generated environmental concerns over developing a parcel containing at least 60 wetland sites, and at least 16 that provide vernal pool breeding habitats. In addition, if the project moves forward, the company may have to appear before the Water Commission to gain approval for a water line to the development and for any blasting at the site.
Deschenes's decision to step down from the Water Commission follows his departure from the town's Affordable Housing Committee earlier this year. In February, he paid a fine to the state Ethics Commission, which ruled that he violated the state's conflict-of-interest law as a member of that committee. Though the ethics panel did not order Deschenes to resign, he decided at that time to step down.
When reached by phone this month, an Ethics Commission member, who refused to identify herself, said the commission does not divulge the names of accusers.
Deschenes, who declined to comment for this article, was one of three members of the Water Commission, which also has an alternate. Water commissioners are paid a $400 annual stipend for their service, are considered municipal employees, and are required to abide by the state's ethics laws. Their job is to ensure that the Water Department provides ``safe, high-quality, uninterrupted water at a reasonable pressure, to meet the health and fire protection needs of that portion of the town served by the public water system," according to the town's website.
The fine imposed on Deschenes heightened officials' awareness of the compositions of town boards and committees.
``People need to have confidence in their boards and commissions," said Christopher Romeo, chairman of the Board of Selectmen.
``They need to believe that their board members are acting in the best interest of the town and not out of any personal gain," Romeo said. ``It's important that there be a degree of confidence by the public."
Romeo praised Deschenes for his legal know-how and the contribution he made to the Water Commission, but said he understood why the lawyer was ending his service.
Eric Fahle, chairman of the Conservation Commission, began his 12-year tenure when Deschenes was a member. He said residents have a ``role to play in raising questions concerning conflicts of interest with individuals who serve on the town's boards and committees."
``The citizens of Westford should always monitor who sits on the town's boards and committees, and bring to light those individuals who have conflicts of interests or affiliations with special interests that bring into question the motives of the individual," he said.
Before Deschenes relinquished his post on the Water Commission, fellow commissioner Leslie Thomas said she supported his many years of service to the town and wanted him reappointed. She did not return calls seeking comment on Tuesday.
``Doug has a bachelor's of science in biology and a master's in business administration," Thomas said in a telephone interview July 5. ``He has a very good background for environmental law and engineering. From the Water Department's point of view he adds a lot to our board."
In an e-mail to the Globe, chairman Carter praised Deschenes's four years of service to ``the town, its residents, the Water Department, and the water commissioners." ``Contributing to our local community and public service is something we all should embrace, and for that Doug should be recognized," he wrote.
Carter also wrote that he had not yet seen the letter, but was not surprised by the decision to step down. Carter encouraged other residents to ``step forward and volunteer to serve the water takers of the town."
Alternate water commissioner Harold A. Fletcher Sr., who would have participated in the vote on whether to recommend Deschenes, could not be reached for comment.
Deschenes is a former member of the town's Master Plan Committee, and is still a board member of the Westford Land Preservation Foundation, a private group that he founded. The organization works with developers on their projects so that they preserve as much open space as possible.
In February, he agreed to pay a $5,000 fine and to forfeit $3,862 in compensation, after the Ethics Commission ruled he had violated state ethics law while he was a member of the Affordable Housing Committee from 2002 to 2005.
The commission said Deschenes played a dual role as a member of the local committee and as an attorney who ``represented clients on 11 different plans" before the committee, which assists in the development of below-market-priced housing in Westford.
Though Deschenes had recused himself from considering client proposals, he was fined because he represented those clients before a board of which he was a member.
Concerns about development in Westford have intensified in recent years. As the town has grown, the student population has surged to 5,300 today from 2,800 in 1986, and residents approved several tax increases to support the construction of three elementary schools and an addition to the high school.
Last year, however, voters denied a $3 million tax increase that would have been used mainly to support schools.
Residents have expressed concern that Graniteville Woods would add to the town's school population and increase traffic in a section of town where access is limited by two narrow bridges and a fire station remains unmanned for lack of funding.
In June, a grass-roots group of environmental activists presented selectmen with a petition signed by more than 1,000 residents asking the board to deny support for the project.
Selectmen subsequently established a five-member subcommittee to research whether the town can purchase Graniteville Woods from the developer. Last Tuesday, they agreed to add a Conservation Commission liaison as the sixth member.
By Ariel Z. Burch/ Staff Writer, Westford Eagle
Thursday, October 19, 2006
Special Town Meeting voters Monday approved $7.4 million for the purchase of the entire Graniteville Woods property, contingent upon a Proposition 2 1/2 debt exclusion.
The $7.4 million price tag was not decided upon easily.
According to Board of Selectmen Chairman Chris Romeo, developer Chuck Emanouil had originally discussed purchase by the town for $8.5 million, but Emanouil's highest appraisal of the property was $9.3 million.
Last Friday, selectmen received a letter from Emanouil stating that he would sell the entire property for $7.4 million.
A petitioners' article to purchase the land for $4 million was not discussed, because it was clear that the amount was not sufficient.
Emanouil's offer was accepted even though the town's appraiser, John Avery of Acton, has not yet prepared his study.
"The town does not have complete information as to what the appraised value of the parcel is," Romeo said.
The Board of Selectmen did not give clear direction to voters on this issue and Romeo said the board was "confused," because of the many unknown effects that the development may have had on Westford's infrastructure and budget.
The Board of Selectmen's vote was split, with two members in favor, two opposed and one abstaining.
The Finance Committee voted one in favor and three opposed.
In early 2006, Attorney Douglas Deschenes, representing Emanouil Development, presented the town with a proposed development totaling 248 housing units on 180 acres of land, spreading from West Street to Cowdry Hill Road to the granite quarries near the Groton border. The Graniteville Woods Affordable Housing Project would have been Westford's largest development.
Deschenes initially sought Local Initiative Project (LIP) status to secure 40B status for the project.
"LIP is a cooperative effort between the developer and the Board of Selectmen," Deschenes said. "By doing this as an LIP it will provide greater opportunity to the town in deciding what this project looks like," he said.
Before Monday's vote, Emanouil was still willing to discuss entering into a LIP agreement with the town, but was prepared to move forward with the 40B project.
Deschenes said the developer worked on plans for two years to make Graniteville Woods aesthetically pleasing, environmentally friendly and beneficial to the town.
However, from the outset, town officials and citizens raised concerns about the infrastructure impacts of the large project, saying it would stop traffic, strain schools and slow emergency response.
The Board of Selectmen appointed a subcommittee, chaired by Diane Holmes, to make a recommendation about purchase of the property.
Citizens for Sustainable Growth (CSG) took on the task of gathering as much information as possible about Graniteville Woods and presented their findings to special Town Meeting.
"I ask you to vote yes to keep Westford beautiful and affordable," Paul Culley of CSG said Monday.
The land on which Emanouil would have built is a habitat for many endangered species and should be protected, according to Culley. Westford is also 1,000 acres short of the open space goal set out in the Comprehensive Master Plan, Culley said.
Much of the land is part of the Graniteville Historic district and the rich history of the granite quarries that once fueled Westford's economy should be protected, Culley said.
Land purchase is a one-time expenditure, but impacts of the project would financially affect the town every year, he said.
"It has tremendous historic impact to the town," said Bob Krankewicz of Boston Road.
"We cannot forget that past heritage," he said.
The town has not yet decided what to do with its new land.
Evan Schapiro of Tadmuck Road said this process has been effective with the East Boston Camps land, which was purchased by the town before its use was agreed upon.
The East Boston Camps Master Plan Committee is currently seeking public input about how to use that land.
Schapiro said voters should retain the option to build affordable housing on the property.
"We need affordable housing," said Elaine Nickerson of Jelley Road.
"We have a lot of other usage needs for the town but we are being forced by the state to recognize 40Bs, Krankewicz said.
Zoning Board of Appeals Chairman Robert Hermann said two 40B developments have recently been approved. The 42-unit 55-and-over age-restricted development at Tadmuck and the 24-unit development off South Chelmsford Road will add to Westford's affordable housing stock.
Attorney Paul Alphen said another project on Route 110 will include 250 affordable units.
The $7.4 million will allow the town to purchase three parcels. Emanouil will donate to the town the remaining parcel at Alley Lane, Deschenes said.
"I think if it's all or nothing you are short-changing yourself," Deschenes said.
He said the town should consider the option of building affordable housing or even municipal buildings on the Alley Lane parcel that abuts the Highway Department garage.
"The town needs the land for municipal purposes," said George Murray of Heywood Road. The fact that the School Department and many other town departments are lining up for use of the old highway garage, highlights the need for municipal space.
Westford cannot afford to hold the land just as open space, Murray said.
The Board of Selectmen will now have to hold a special election to vote on the Proposition 2 1/2 debt exclusion within 45 days.
By Ariel Z. Burch/ Staff Writer, Westford Eagle
Thursday, October 26, 2006
Westford is not out of the woods yet. Special Town Meeting voters last Monday appropriated funds not to exceed $7.4 million for the purchase of the entire Graniteville Woods property, contingent upon a debt exclusion. Voters at the Jan. 9, 2007 special election will vote whether to approve the Proposition 2 1/2 debt exclusion.
At the Tuesday night meeting of the Board of Selectmen, Chairman Chris Romeo apologized for not giving voters direction at special Town Meeting, when the board became split with two members in favor and two opposed to the purchase. Selectman Dini Healy-Coffin recused herself because two of her siblings abut the property.
"I should have explained what our thoughts were," Romeo said.
The board received a last-minute deal from developer Chuck Emanouil with a "menu" of purchase options, Romeo said. He said selectmen were not ready at Town Meeting to present a recommendation.
Selectman Jim Sullivan, who voted against the purchase article, said he was wary of Emanouil's motives.
"I find it odd that a developer is working so hard to sell the town land that people in town have said is essentially unbuildable. I think he is looking to cash out," Sullivan said.
Selectman Valerie Wormell also voted against the purchase because of known perchlorate contamination.
However, Selectman Bob Jefferies voted for purchase and said the town would probably have to clean up any perchlorate contamination no matter who owns the land.
"I really want to let the voters decide," Jefferies said.
"I was really quite torn about this vote," said Romeo.
He voted in favor of purchase at Town Meeting, but is awaiting the town's appraisal by John Avery before making a recommendation about the Proposition 2 1/2 debt exclusion.
"The price tag very much concerns me," Romeo said.
Jefferies said Avery's appraisal will be available by next week and that the full report will be posted on the town's Web site.
After reviewing the appraisal the board will decide its recommendation.
Peter Severance said the selectmen should also consider a report on the property's value that is being prepared by Natural Heritage.
"Our vote to hold the election does not necessarily mean that this board supports purchasing the property," Jefferies said.
However, selectmen were criticized for not informing voters or offering a timely recommendation.
Andrea Peraner-Sweet said she has spoken with many other voters who are seeking direction from the Board of Selectmen.
"You have a duty and a responsibility to all of us," she said to the board. "Everybody needs to go to the polls informed."
Peraner-Sweet said that before voters make a decision they should know the exact price (although the ballot form does not require a figure), the acreage and the use of the property.
"We need to have an agreed upon amount," said Leslie Thomas. "I think that's only fair to the citizens of town."
"Here is one of your main responsibilities and you're backing away from it," said Jerry Berkowitz.
Selectmen decided to name Assistant Town Manager Norman Khumalo the liaison between the developer and the board. With Jefferies, Khumalo will handle development negotiations and provide updates to the board.
The Graniteville Woods issue is now a permanent item on the board's agenda.