Village Project Goes to Vote Tomorrow

By Victor Tine, The Daily News of Newburyport, Mass.

Jun. 23–NEWBURY — With its promises of much-needed revenue and town improvements, some believe the nearly 100 acres of retail stores and residential units proposed for Route 1 is an offer this small town can’t refuse.

Others believe the development goes against everything the town is about — small development, wide open spaces and self-sufficient farms whose farmers survive by selling their produce to local residents. It sets a dangerous precedent in town, they say, and its proposed grocery store could threaten the farms that are already struggling to survive.

Now, after more than a year of planning, preparation and debate, the future of the proposed Village at Little River development goes to the voters at a special town meeting tomorrow.

The meeting starts at 7 p.m. at Newbury Elementary School. There are four articles on the warrant, all of them critical to the project, which would be the largest in Newbury’s history.

If the project wins approval at town meeting only one hurdle would remain — but it’s a doozy: water and sewer service provided by neighboring Newburyport.

Two of the articles require only simple majority votes to pass: An agreement negotiated with the developer, and authorization for the selectmen to execute agreements with Newburyport should the city decide to provide water and sewer service to the project. Newbury has requested water and sewer service and the developer has proposed paying for improvements valued at nearly $4.4 million.

The other two articles are amendments to the town’s zoning bylaw and will need two-thirds majorities to pass.

The Village at Little River is a joint venture between Beacon Communities Development of Boston and Coastal Partners of Beverly Farms, proposed for 99 acres at the intersection of Route 1 and Middle Road.

It would consist of 68 apartments and 82 condominiums, along with 122,000 square feet of retail space — including a small supermarket, a pharmacy and a restaurant — and 48,000 square feet of office space. The complex would also include a 5,000-square-foot senior center.

There would be 52 townhouse condominiums and 30 other condos with deed restrictions mandating buyers must be at least 55 years old. Eight of the deed-restricted condos would be classified as “affordable” under state guidelines, as would 14 of the rental apartments, and 70 percent of those units in each category — or five condos and 10 apartments — would be reserved for Newbury residents.

The developers have not set a dollar figure on the project, but Beacon CEO Howard Cohen told the Planning Board last fall that he expected development costs to exceed $100 million. It has been estimated that it will be six years before the Village is fully built and occupied.

The development agreement delineates areas of responsibility for both Beacon/Coastal and the town. It also commits the developer to making at least $1.4 million in off-site improvements and other payments to the town.

One of the zoning amendments would establish a specific district under a state law variously called “smart growth” or “Chapter 40R.”

The so-called “Smart Growth Overlay District” would cover only three buildings in The Village at Little River. Included in the district would be two buildings containing a total of 68 rental apartments and another building with the 30 deed-restricted condos.

Once Newbury establishes a Chapter 40R zoning district, it will be eligible to receive a $75,000 state payment. The town will also receive $3,000 for each of the 68 rentals and 30 age-restricted condos, a total of $294,000.

The second zoning amendment, called the “Planned Village Overlay District,” would authorize the residential, commercial and office uses in an area that is currently zoned for industrial uses.

If town meeting passes all four articles, the ball will shift into Newburyport’s court.

Mayor John Moak has convened a committee of local water and sewer officials, a city councilor and the planning director to advise him whether the city should extend water and sewer services to the site. That group is studying a technical review report prepared by the city’s consulting engineering firm, Weston & Sampson Engineers Inc. of Peabody.

A green light from the mayor’s advisory panel would still not be the final word.

In order to provide sewer service outside its boundaries, Newburyport would need to get a special act of the state Legislature. Special acts are usually the result of what are known as “home rule petitions.” In Newburyport, getting a home rule petition passed requires positive votes from eight of the City Council’s 11 members, so just four “no” votes by city councilors could kill the deal.

No such requirement exists for providing water service. Indeed, Newburyport already provides water to several streets in the Oldtown section of Newbury.

Virtually all the Newbury municipal boards and committees that have chosen to take a position on the project are supporting it. The Planning Board, the Finance Committee and the Council on Aging have all endorsed the development for various reasons.

The Parker River Clean Water Association, a private, non-profit conservation organization, has come out in favor of the environmental safeguards of the project.

But not everyone in Newbury is on board. Opponents, led by Tendercrop Farm owner Matt Kozazcki, placed a half-page advertisement in The Daily News Friday and today, under the heading “I like Newbury just like it is — that is why I live here.”

Kozazcki has told selectmen and the Planning Board recently that the grocery store planned for the Village more closely resembles the Tendercrop Farm store than Newburyport’s supermarkets.

He also said that three of the four sites being looked as potential additional sources of water are under land he owns.

Beacon/Coastal ran a full-page ad today and plans another for tomorrow.

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Copyright (c) 2008, The Daily News of Newburyport, Mass.

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