More History and Details About Drew Gardens APR
There are a few other important issues that were not mentioned in Joyce Pellino Crane’s article (Westford Selectmen Continue Drew Gardens Hearing to Feb. 28): Â first the development rights, which the town also owns; second, the unanimous desire by the Board of Selectman to not give-up right of first refusal on the land; third, the developer is seeking a liquor license from the town.
At the BoS meeting on Feb. 14, there were three requests for additional licenses (including this project). As a town, we simply cannot continue to give out liquor licenses to anyone who asks and I think the town needs to be more thoughtful regarding these requests.
Initially, the town purchased the development rights, the right of first refusal to all three parcels and then added the APRs to the land. The APRs get the primary attention because of the Agricultural Restrictions and the very specific language in the contract to remove a restriction (two-thirds vote at Town Meeting, two-thirds vote state Legislature, Agricultural Commissioner approval, Governor signature). The development rights also have a very specific process that needs to be followed in order to remove them from the land. All five selectmen do not want to lose the right of first refusal. The original agreement was struck with a private citizen (Groton Developer Ebrahim Masaledhan), but the deed was filed as Westford Gateway LLC (Masalehdan’s company).
The BoS asked the developer to see how the right of first refusal could be protected if the property is in an LLC. The developer was also asked to come back with a dollar figure for the value of removing those rights. Westford paid $525K to protect that land from development in perpetuity 20 years ago. It’s my opinion that the value of the rights is far greater than what the town paid for them and a fair market value of the development rights and APRs needs to be addressed as well.
This land has many issues attached to it and it has taken us a long time to learn all that is involved with it. The intent of the APRs is to keep the land reserved for agricultural use and to make the land affordable for farmers. This developer bought the land for a fraction of what commercial land would sell for.
He took a chance to obtain land that was intended to stay agricultural for a commercial project in a residentially zoned area. His project is a wonderful project — it just belongs on the Route 110 commercial corridor per the Master Plan.
It is not the responsibility of the citizens of Westford to give away the rights to land we purchased in order for his proposed commercial project to succeed. He purchased the land knowing it had restrictions on it. He took a chance. He needs to be told this is not going to happen. Farm the land per the restrictions, find another place for your restaurant. — Diane Hendriks, 11 Crown Road
Setting the record straight about Drew Gardens
There is still a lot of misinformation out there regarding Agricultural Preservation Restriction #3 and the steps required to amend it. There is nothing in the APR that requires a two-thirds vote of Town Meeting, or the approval of the Legislature, or the approval of the Commissioner of the Massachusetts Department of Agricultural Resources to amend the document.
The various references we have heard regarding Article 97 of the Constitution, and the approval of the legislature, pertain to a full release of the APR. Our client is not seeking a full release; our client is seeking a few amendments to the 19 page APR # 3.
Once amended, there would remain significant restrictions applicable to the land, including limitations on the use of the property, limitations on what can be brought to and removed from the property, limitations on what can be constructed on the property, and a right of first refusal held by the town.
Our client is not proposing a release. Our client is proposing a financially viable way to actively use the remaining APR parcels in agricultural use. –Paul Alphen, Esquire, Alphen & Santos, P.C., Westford
Editor’s note: Paul Alphen represents Westford Gateway, LLC, owned by Groton Developer Ebrahim Masalehdan. The 9-acre parcel referenced is located at 66 Boston Road.
