BOS accepts $1.95M mitigation package from developer

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Selectmen have approved a $1.95 million mitigation package from Avalon Bay Communities of Boston as part of an agreement allowing the developer to build 196 apartments on 43 acres of land near the Canton-Randolph border on Randolph Street.

Selectmen said this is the best agreement they could forge with the developer after a court decision forced the town to accept the 40B affordable housing project.

Although Canton will be receiving future property taxes — as well as the mitigation package — there could be significant impact on town services arising from the project.

According to Selectman Avril Elkort, who lives in the area on York Street, the development will impact the Canton Public Schools with additional students, will have an as yet undetermined traffic impact on Randolph and York streets, and will impact resident requests from the police, fire and public works departments.

Additionally, Elkort said Roseland Properties of New Jersey, the original developers who sold the property to Avalon, did retain rights to frontage adjoining Randolph Street, which allows Roseland to build single-family homes. The lone entrance and exit from the development will be in Randolph, although the actual property address will be located in Canton.

The mitigation package ends a near nine-year dispute between the developers and the town as the case made its way through the state court system. The project was originally submitted under the state’s Chapter 40B law in 2001, which allows developers to build affordable housing if the town has less than 10 percent of affordable housing units. Although Canton was at 7.9 percent when the project was first proposed, the town contended that the affordable housing rate had increased above the 10 percent standard — with the approval of two affordable housing projects totaling 180 units — while the matter was pending before the state Housing Appeals Board. The state Supreme Judicial Court ultimately found in Roseland’s favor.

“We did not want the project, but I think we did better than expected,” said Selectman John Connolly, who, along with Elkort, negotiated with Avalon on the mitigation settlement.

“It was a shotgun marriage,” Connolly said. “All of us had to come to an agreement — something we could live with. To Avalon’s credit, they stepped up to the plate. They were good to deal with. They are honest, upstanding people. For example, we asked them to redesign the look of the apartments. They did so with the new look of townhouse apartments.”

As part of the mitigation package, Canton receives $565,000 in cash payments under the purview of selectmen. Part of this is $300,000 for a new traffic signal at the intersection of York and Randolph streets. However, Connolly and Elkort said they have received mixed comments from area residents about the need for a traffic light at that location, and the final decision will be up to selectmen. Also within the cash amount is $65,000 in lieu of an equestrian crossing signal.

Another part of the mitigation is $130,000 to connect homes along Randolph Street to a new water line to be built for the Avalon development. Canton Town Administrator Bill Friel said use of this option is discretionary on the part of selectmen. He said if the town chooses to connect to the water line, Avalon would pay to extend the line from the development to homes on Randolph Street.

As part of the mitigation package, the developer will pay for a new water line from York Street to Road A ($700,000); the paving of Randolph Street from York Street to the Canton-Randolph line ($450,000); and a sidewalk on Randolph Street from the town line to the equestrian crossing ($100,000).

Elkort said it is her understanding that the units in Avalon will be two-bedroom duplex townhouse apartments with rents ranging from $1, 661 to $1,890 per month. Construction is set to begin in 2013.

In other news:

* The entrance to Will Drive from Pleasant Street will be closed to all vehicle traffic on Saturday, October 20, from 7:30 a.m. to 3:30 p.m. as Columbia Gas installs an eight-inch gas main. The other entrance to Will Drive from North Street will be open all day.

* More than 50 people, including family, current Canton police and retired officers, and representatives from Mass. State Police, Boston Police, Transit Police, Milton Police, and other police departments came to Town Hall Tuesday night to witness the pinning of new Deputy Police Chief Helena Findlen and new Sergeant Chuck Rae.

Findlen was recently promoted from lieutenant and is the department’s first woman deputy chief. She is also the president of Cops for Kids with Cancer. She recalled that on the exact date of October 17, 1958, her father, the late Vincent Rafferty began his journey to America from Ireland. Rafferty would later become a detective in the Canton Police Department, and Findlen knows that he would be very proud of her.

Rae, a CHS graduate, has served on the force since 2001 and has a bachelor and master’s degree in criminal justice. He is the new sergeant on the midnight shift, replacing Sgt. Mark Ronayne, who retired on October 14.

* Town Administrator Bill Friel told selectmen that the Mass. Water Resources Authority (MWRA) has found the Neponset Street septage waste facility out of compliance because of security concerns. Selectmen will hear a report next week from DPW Superintendent Mike Trotta on his recommendations along with options for another site, including one in Walpole.

* Selectmen Sal Salvatori said the Reservoir Dam repairs have been completed and all that’s remaining is the water level to be elevated from rainwater. Once the water levels have been raised, Canton Development Properties will issue a final engineering report to the town and the state Office of Dam Safety. After approval from both entities, selectmen will take a final vote to take control and ownership of the dam. Salvatori said he is “ecstatic about the contractor’s (J D’Amico) quality of work.”

* Selectmen announced the donation of 20 cases of windshield washer fluid to the Canton Fire Department.

* The Recreation Department-sponsored Halloween Parade will be held Sunday, October 28, at 1 p.m.

* Town Hall will be closed the day after Thanksgiving on Friday, November 23.

* Selectmen named Karen Zukauskas as director of assessing.

* Selectmen will next meet on Tuesday, October 23, at 7 p.m.

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