Select Board Approves Memorandum of Understanding for Development of 251A-F Old Billerica Road

Culminating a conversation fueled by neighbors and conservation advocates, the Select Board Monday voted unanimously to approve a memorandum of understanding with the prospective developers of acreage at 251A and 251F Old Billerica Road.

The memorandum limits the development to a maximum of 16 units (the existing house and 15 new units) and maintains most conservation land across the 15-acre property. Failure to abide by the memorandum would lead to the town reinstating its Right of First Refusal.

The board listened virtually to various viewpoints on whether to exercise or assign the right of first refusal of 251A-F Old Billerica Road, owned by Jenny and Michael Ceppi. The purchasers are Cynthia First, Ali Khaledi, and Medhi Khaledi, paying $2.3 million.

The current owner utilizes the land under provisions of the state law known as Chapter 61, which reduces the property tax rate if the property is maintained for forestry, agriculture, or recreation. Town Counsel George Hall explained that the owner is obligated to give the town notice and pay back taxes if the land is sold for development.

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Hall and Planning Director Tony Fields laid out three options for the town, property owner, and developer. The town has the right of first refusal to purchase the land for conservation, allow the sale to take place with a memorandum of understanding, or do nothing.

Select Board member William Moonan noted that if the town were to purchase the property, the $2.3 million would need first to be appropriated through a special town meeting. While maintaining the conservation of land is a priority, board member Emily Mitchell said this could be prioritized under the memorandum of understanding, saving the town $2.3 million.

In answer to a question from Mitchell, Hall explained that payment of back taxes is limited to the past 10 years.

Fields said 251A Old Billerica Road includes a house and horse barn. The site designated 251F Old Billerica Road comprises about five acres stretching to Route 3 and abutting conservation land on the south side. Select Board Chair Margot Fleischman pointed out that 251F Old Billerica Road has been on the town acquisition list for years.

In February, the potential developers approached the Planning Board with a plan to build housing units on roughly half the property, leaving the remainder open. https://thebedfordcitizen.org/2021/02/further-details-about-proposed-16-unit-residential-development-on-former-horse-farm/

Fields acknowledged nearby residents’ concerns, especially surrounding traffic, but insisted that traffic would not be impacted by increased housing in this location. Fields also said that the Planning Board would spend time to ensure that any development did not have negative effects on the area.

Attorney Pamela Brown, representing the potential developers, said that closing for the purchase is scheduled for Friday. She also explained that initial proposals were conceptual but not plans. After discussions with nearby residents, Brown said that the developers have explored purchasing an additional property, 229 Old Billerica Road, with frontage that would mitigate access issues. Brown said that the development would maintain 8.2 acres of conservation land.

In response to the developer’s pledge to maintain the current house at 251A, Moonan questioned whether that means refusing any significant updates to the house. Brown said that the developers do not plan to renovate the home and recommended that this promise would be added to the memorandum of understanding.

Mitchell highlighted the natural area, especially the trees, and worried about the impact of development. Brown acknowledged the appreciation for the area but also said that some tree removal was inevitable.

The majority of comments from the public opposed the development on issues of preserving conservation land and limiting traffic. Proponents highlighted other factors, including expanded housing options.

Karl Winkler said the town’s purchasing the property would be an opportunity to conserve open space. Winkler also acknowledged that the development of a large apartment complex just across the Billerica town line would increase traffic. Hillary Demello said that traffic has continually worsened over her 18 years of living on Old Billerica Road. She also mentioned the newly built apartments in Billerica and worried that further development would only worsen.

Longtime resident Emily Wade, who lives contiguous to the site, expressed concerns with the feasibility of building 16 houses on the property and wished that the town would not move forward with the development.

Realtor Mimi Henning said that this development would expand affordable housing but questioned the price point at which the houses would be listed. Athelney Woolnough agreed with the call to expand affordable housing and said that the ability to keep that conservation land is preferable. Woolnough questioned whether the town could strike a compromise to decrease the number of houses.

Mary Kay Elloian proposed that the town build a town museum and welcome center on the land. Elloian echoed many similar concerns around traffic and advised the Select Board not to wait to utilize the right of first refusal.

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Mary Kay Elloian, Esq.
May 30, 2021 3:54 pm

Correction to Printed Article:

Mary Kay Elloian stated that a Welcome Center and Historic Museum could
be placed on the site. This was in reference to utilizing existing
structures which are plenary – not building new ones as stated in the
article.

Additionally, Mary Kay stated using the property for local gardening to
bring revenue to the town in all the aforementioned, including sales of
town memorabilia, pony rides, and some sale of goods – adding to the
Town’s profit – all of which would not add to the morning and evening
commuter traffic, fully utilize existing structures, and preserve the
integrity of the landscape. Federal revenues may also be sought to help
offset this endeavor.

Lastly, since no traffic study was done in light of the 5 story building at the end of Old Billerica at Middlesex turnpike, nor the expansion of Carlton Willard and the other, to say that there is no traffic problem that will be exacerbated is not founded in scientific study. Also, the issue of purchasing 229 Old Billerica Road, a building circa 1671 – existing at the time of the Revolutionary War goes to my point of this proposed development being unsuited to this location. Bedford, and especially this site represents the cradle of liberty, and no one should be allowed to develop it for pure financial gain, especially when the Town had so many avenues to pursue. The Select Board, many of which are not native to Massachusetts both forget and dismisses the wishes of their own constituents by not putting this for a town vote. By their predetermined actions, they abdicated their duty to both their voters, and their duty to safeguard American history. After all, taxation without representation is what the people of Lexington, Bedford, and Concord fought and died for – so a little reverence for their sacrifice would go a long way here.

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