2004-04-13-PB-min - Laserfiche WebLink

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Minutes for the Meeting of April 13, 2004 2 there might be a few lofts in the CTG building. Mr. Harden said it would be useful to have some conceptual plans at Town Meeting. Mr. Kastorf said it is important to let it be known that the Planning Board will not be finished with the development once the vote is taken, but will be continuing with the process and advising the Zoning Board of Appeals (ZBA). Mr. Davies said they would be available for detailed review to assist the ZBA in its deliberations. The Board took up a discussion of the school -aged children guaranty that had been offered. Mr. Kastorf said that the five- year period should start with 75% occupancy rather than with the issuance of the building permit. Mr. Harden agreed that details need work, for instance when would the number of school -aged children be counted. Mr. Galaitsis said he would like to see the credit to DCAM dropped so it would not deplete the base in the early years. Any money not used would still be returned to the state. Mr. Michael Thomas of DCAM said that that seemed to make sense to him but he would need to confer with senior staff. Mr. Harden said maybe they could eliminate the give back for the first two years and that would help preserve the fund. Mr. Kastorf said that there is no credible evidence that a capital expense would be required because of the development at Met State. Mr. Harden said that the transportation and traffic issues had been addressed with a complete package. He felt that it was always good if they went further but he was willing to accept the offer. The only issue that seemed to remain was the subsidy of tickets to encourage the use of Lexpress and the Alewife Shuttle. Mr. Kastorf asked if the fare subsidy could come out of the $450,000 already committed to and that he would recommend to the Board of Selectmen that some of the money be used that way. However, he was not in favor of the added language that allowed the school transportation funds to be combined with the traffic mitigation funds, as he did not know if the school committee may have factored that money into their recommendation. Mr. Harden wondered when the Lexpress contribution would start? Mr. Roberts said that Selectmen McKenna wanted a formal proposal and to have the contribution start at the issuance of the building permit. He said that he had agreed to that and had committed to buy $10,000 a year in passes for two years and will work on the details with the Transportation Advisory Committee. Mr. Galaitsis asked about the phasing of the units and the affordable units. Mr. Roberts replied that the affordable units were interspersed and so would be produced at the same time as the market rate units. He said that they would start with opening Kline Hall, the manor units and townhouses, followed by the age - restricted units in the Medical building, with the CTG units the last on -line due to the more complicated construction. All demolition would be done at the same time and first. Report Issues Mr. Harden said that his review of the P &S agreement, a.k.a .the Land Disposition Agreement (LDA), had raised the question of what it was subordinate to. He wanted to make sure that the LDA would not over ride the Town requirements, covenants, etc. Mr. Roberts said that he would be happy to supply legal support for that. Ms. McCall - Taylor said that she had read the LDA and the only thing she found surprising was the issue of units being available for sale and that her understanding was that was put in when there was uncertainty about the Town wanting for sale units. However, if unit were to be sold at a later date it would have to be brought back to Town Meeting as the revised PSDUP had specified that the development was to be all rental units. It was agreed that Attorney Steve Swartz would provide an opinion regarding the subordination issue and that would then go to Lexington's Town Counsel for review. Mr. Kastorf reported that some people had expressed surprise that a reduction in the number of units would lead to a reduction in the revenue figures. He wanted to make sure that this stated in the report, so none could claim surprise. Mr. Harden said that the fiscal analysis piece in the report might need to be