by Frank Schroth

The key announcement in the Town Administrator’s report last night was the news that the courts had issue a judgement allowing the Board of Selectmen to sell the town farm property to Pulte Homes in accordance with the P&S that had been signed with the firm. Annmarie Fagan said, “We are going to move forward.”

The 34 acre property that sits between Governor Stoughton Lane and Unquity Road was left in trust for the benefit of the poor. The Board of Selectmen in their capacity as Trustees of the property issued an RFP for sale of 30 acres. Pulte, a large real estate development firm, won the bid. Their offer of $5 million was the highest received. That amount will go into a fund to provide assistance for Milton residents in need. The deal required an opinion from the Attorney General which for reasons that are unclear was held up (It may have had something to do with Pulte’s managing of contractors. See related story here). The Selectmen recently forced the issue and their P&S has cleared probate. Pulte will move forward with engineering. The Pulte proposal was approved by the Selectmen in 2011 (See related story here).

The property has been a matter of contentiousness in the town for some time. The successful resolution of the P&S will bring the chapter to a close. However, there are still issues to be dealt with. Pulte can possibly use some of the remaining 4 acres if the land under the P&S is not suitable. The development is also notable as it is the first to use Milton’s cluster zoning bylaw. That bylaw allows for homes to be more closely situated to create larger areas of open space. As it happens, an article is scheduled to come before annual town meeting that would amend that bylaw. The change would permit greater density of units in exchange of 10% allocation of units be affordable. It is premature to know what impact any change might have upon the Pulte deal. If town meeting approves the change in advance of Pulte beginning construction they may be permitted to build more units than initially proposed. However, affordable units would need to be part of the mix.

Another real estate development that was discussed was the return of a proposal to build a 40B apartment complex on Randolph Avenue across from the old Horseplay stables. The proposal calls for 72 units of which 18 will be priced for low – moderate income. There will be 3 separate buildings each with 24 units. It will include 69 underground parking spots and 75 surface parking spaces according to the letter of eligibility from Mass Housing. The town now has 30 days to comment on the proposal. Bill Clark, Town Planner, asked that the selectmen request a 2 week extension. The selectmen agreed but will ask for more than 2 weeks. Member Hurley suggested a 30 day extension.

The apartment complex will have 1,2, and 3 bedroom apartments. Almost half would be 3 bedroom units which Mr. Clark said is more than the town would like. Other issues include wetlands impact. The development will remove some wetlands but Mr Clark said that any removal need to be replicated. He said that the site is not difficult to work with and this should not be a problem. On the other hands there’s traffic. Getting in and out of the development could be challenging. “There could be huge traffic issues here.” Member Conlon said the they would need to reach out to the Police Chief who is also chair of the traffic commission. This is the second 40B proposal in the works. The other is Milton Mews on Brush Hill Road across from Fuller Village.

After extensive discussion, debate, and review the Selectmen approved the signage for Sleepy’s which is in negotiation with Kennedy Carpet to lease their building on Granite Avenue, There were several tangled issues regarding the signage. First, there were two signs under review: one was an LED sign on the roof that was initially approved by the Board of Selectmen in 2008, a second, new sign, was being requested for the side of the building. The Sign Review Committee, the Building Inspector, and numerous residents were opposed the the LED lit sign. It did not comply with zoning and it did not conform to sign guidelines. According to Conlon, some characterized it as having a Las Vegas feel. Conlon reminded the board of what was before them which was approval of the second sign. The LED sign had already been approved by the board in 2008 and they also approved it moving from the side of the building to the roof in 2011. Town Counsel was present last night and said that if the selectmen ordered the sign be removed or turned off that they would be at risk of a lawsuit for among other things breach of contract. The only aspect that they can really rule on is the text of the display.

Bill Clark has been negotiating with a number of folks representing Sleepy’s including the head of the company. They have agreed to the LED displaying only Sleepy’s in red letters on a black field. The sign will not change and  the number of colors have been reduced. Chair Keohane said “The sign never should have been approved. We are left holding the bag. [We have] made the best of a bad situation.” The other members agreed that they had done the best they could under the circumstances. The issue of the sign creating a precedent for other LED signs was also discussed. The board will look to put a zoning article in front of town meeting in October that will explicitly prevent any additional lit signs or signs on roofs. Member Hurley noted that few cities and town allow for signs on rooftops in part due to risk of wind and snow. As it happens the sign currently in place was never properly inspected. Jay Kennedy, owner of the building, is aware of the oversight and will attend to it. The board approved the second sign which was reduced per recommendations from sign review committee and will be illumined with goose neck lamps.