Vote NO on Article 21: Authorize the Conveyance of 0 Hobbs Brook Rd
Please attend the Annual Town Meeting Monday, May 6th at 7:00pm
in the Weston High School Auditorium
Summary
We are being asked to authorize the Select Board to sell a small parcel of land near the Weston Transfer Station and Kendall Green train stop, which the Town acquired many years ago and has recently been leasing to Granite Brook Materials. The parcel was until now administratively unimportant, but with the State’s newly enacted 3A rezoning mandates, it becomes critical piece of how to manage this state-mandated development nightmare.
Rather than sell this land and significantly weaken our control over potential future development of nearly ten acres of surrounding land, we should hold onto the land as long as we need to explore our 3A rezoning options. There is absolutely no immediate need or reason to sell, as the Select Board can keep leasing the land indefinitely with no adverse effects to Granite Brook Materials. The Select Board should pass over Article 21 and wait until more is known about 3A mandates and how residents will vote to respond. If they do not pass over this article, please vote NO. Of note, the Planning Board unanimously voted to oppose this sale.
The Background
In 1936, Weston acquired through tax foreclosure a 1.08-acre property near the Weston Transfer Station, just across the railroad tracks from Hobbs Brook Road. The town's ownership of this land was forgotten until individuals compiling a list of town-owned land for the first Housing Production Plan discovered it about ten years ago. The land had been used by Granite Brook Materials and their predecessor business for many years rent free, but following the rediscovery, the Select Board arranged to lease our 1.08 acre to the company, with the possibility of a future sale in mind.
With the recent emergence of the State’s 3A Zoning, which mandates rezoning 750 housing units on Weston properties lying within a half-mile walking distance of public transportation, this small piece of land is now extremely important, not administrative trivia. This 0 Hobbs Brook parcel of land encompasses an interior 1.08-acre "donut hole" within Granite Brook’s current parcel. Granite Brook Materials owns the 8.3 acre parcel that is the “outer donut”. If they purchase Weston’s parcel, it will expand their holdings to 9.38 acres of prime land centrally located in Weston, near an MBTA station. If Weston votes to rezone from commercial to residential, it is suitable for 3A development, and even if not, it would be a potentially very attractive site for another 40B development of several hundred units, as the parcel is roughly twice the size of the parcel being used for the 200-unit Weston Whopper.
Put simply, whoever owns the donut hole essentially controls the development of the entire piece of property. Without owning the 1.08-acre parcel, it would be difficult for Granite Brook Materials or a developer they might sell to, to develop the land. With Weston owning the parcel, we retain a significant voice in the ultimate development plans.
The Select Board has decided to just sell the property and has established minimum bid terms, including a minimum price of $200,000 for our “donut hole.” Once the total 9.38 acres are under one ownership, the owner can then proceed to sell the entire property. Weston would retain the right of first refusal, enabling the town to repurchase the land at fair market value at the time, though this is not as simple and straightforward as just retaining ownership of the land itself.
Approval for the sale requires a two-thirds majority vote at Town Meeting.
Why to vote NO on Article 21
This is especially important with the recent state-mandated 3A initiatives, and the state deadline for the creation of 3A zoning districts set for December 31, 2024. The parcel of land in question is almost immediately adjacent to a MBTA stop and retaining it at this time is critical for Weston. There is simply no upside to selling now.
Selling the 1.08-acre parcel will relinquish Weston's control over the price negotiated with a developer by Granite Brook Materials.
Selling could potentially result in the land falling into the hands of a hostile 40B, leading to protracted litigation that could extend over years.
Weston should maintain mutually acceptable lease terms with Granite Brook Materials until we can observe the progression of the 3A process. A sale at $200K holds little significance for Weston as finances are not the immediate concern, but rather, it is crucial to await the outcome of the state's 3A mandates. If the state increases the penalties for non-compliance with this initiative, this parcel of land adjacent to the MBTA stop will prove essential for the town’s ability to meet the requirements of the law.
The Planning Board voted unanimously to oppose the sale, as it is imperative that we hold onto our 1.08 acres until after more is known about 3A and Weston’s response. We were told to anticipate a Special Town Meeting in December where residents will have the opportunity to vote on the following 3A options:
Full compliance: Weston approves zoning for the construction of 750 units.
Partial compliance: Weston agrees to zone for a capacity we deem manageable.
Noncompliance: Weston contests the mandates.
Please email the Select Board today at selectboard@westonma.gov and ask them to pass over Article 21 at Town Meeting. If they do not, please vote NO.