THE WEST SIDE OF Sagamore Spring Golf Club will be preserved for golf under the plan.

 

By DAN TOMASELLO

LYNNFIELD — The Select Board unanimously approved a development agreement with the Sagamore Spring Real Estate Trust on Oct. 19.

Luxury development company Toll Brothers and the trust have come to terms on a purchase-and-sale agreement that would allow the firm to construct 66 detached two-bedroom homes as part of an over-55 development on 36 acres on the Sagamore Spring Golf Club’s eastern side that encompasses the driving range and adjacent undeveloped land that is adjacent to the first and second fairways. The proposed development would also include a clubhouse containing an outdoor swimming pool, fitness center and a common area for residents to use.

Town Counsel Tom Mullen said the development agreement between the town and the Sagamore Spring Real Estate Trust requires the Select Board to support two proposed zoning changes that have been submitted for Fall Town Meeting.

“Those changes would allow the extension of the Elderly Housing District over the 36-acre parcel on the eastern side of the golf course that is proposed to be used for elderly housing,” said Mullen. “It would also revise the definition for elderly housing to allow single-family units rather than exclusively multifamily units, and allow the construction of amenities such as a clubhouse.”

If Fall Town Meeting approves the two zoning changes by a two-thirds vote, Mullen said the trust has agreed to permanently protect 9.4 acres of land located on the golf course’s western side that abuts the Lynnfield Center Water District’s well fields.

“It would be an outright conveyance of land to the town or would be subject to a conservation restriction in perpetuity that the town would hold,” said Mullen. “The purpose is to protect the water source.”

Mullen said the trust has also agreed to a 25-year development restriction for the remaining areas of the golf course’s western side.

“There would be no residential construction and no commercial solar development for 25 years,” said Mullen.

Mullen noted that the eastern side of the golf course is recreational land that is classified under Chapter 61B. If the project moves forward, he said the Sagamore Spring Real Estate Trust will be requesting the Select Board to waive its right of first refusal that would nix the possibility of the town buying the property or assigning it to a different organization. If the Select Board exercised the right of first refusal, the development agreement would be scrapped.

“It is anticipated that the developer will request the board to change the use,” said Mullen.

If Toll Brothers did not receive the necessary permits for the proposed 66-unit development, Mullen said the town “would still get something.”

“In that case, there would be a development restriction on the western side for 25 years that would not exceed 2050,” said Mullen.

Mullen said the trust and the Lynnfield Center Water District have come to terms on a separate development agreement that includes a provision that waves the traditional connection fee to join the district.

“In return, the Lynnfield Center Water District would get an easement along the southern border of the western part of the golf club,” said Mullen. “The district would get a looping of the water from Main Street back to Lowell Street, which is a huge value to the district.”

Town Administrator Rob Dolan said the LCWD could potentially use the easement to address PFAS permanently.

“While LCWD has aggressively put short-term measures in place to address new PFAS regulations, this easement could become a significant piece in an LCWD remediation plan to solve permanently PFAS issues in its system,” said Dolan. “If dozens of single-family houses are built as of right, there could be unregulated wells across both east and west parcels, which are not in the interest of our town and our regional water source. Additionally, if single-family as of right homes are built, there will be septic systems and leaching fields across most of this open space that is currently the golf course. If single-family as of right homes are built, there will be a series of roads and drainage systems constructed that could all negatively impact groundwater.”

Atty. Susan Murphy said the Sagamore Spring Real Estate Trust and town officials began discussing the potential development of the eastern side of the golf course earlier this year.

“The trust started those conversations before it had a potential buyer,” said Murphy. “Those conversations led to the proposed development agreement. There were a lot of conversations about what the trust could do to get to a project that would be beneficial to both parties after the town did not support the larger project (four years ago). We feel that it has been productive, but it was a little bit of a rollercoaster. The agreement is the proverbial win-win that the parties were hoping for.”

Select Board Chairman Phil Crawford thanked Mullen, Dolan, Murphy, the trust and Planning and Conservation Director Emilie Cademartori for working collaboratively to craft the development agreement.

“Thank you for all of the work on this,” said Crawford.

Select Board member Joe Connell said the proposed Toll Brothers development is “the best possible solution” to keep the golf course open and prevent 82 single-family homes from being built on it. He also said protecting the forest around the golf course is in the town’s best interest.

“I hope this gets pushed through,” said Connell.

Select Board member Dick Dalton recalled that he has seen many development agreements during his tenures serving on the Planning Board as well as the Select Board.

“I hope residents will carefully look at what this proposal is all about,” said Dalton. “This is a monumental vote that will be coming before Town Meeting. In my time, the only thing that can match this in terms of importance would be MarketStreet. No deal is perfect but if people objectively analyze this and look at pros and cons, this is truly a win-win. This is in the long-term best interest of this community.”

Brian Russo, who is renting a room in the Boston Clear Water Company-owned Smith Farm located at 163 Lowell St., asked how certificates for private wells would be issued if 82 homes are built on the golf course.

Cademartori said the Board of Health issues permits for private wells.

“The permit is only for the quality of the water, not the quantity,” said Cademartori. “The reason why we talk about the fear of unregulated wells is a single-family home can take out thousands and thousands of gallons of water with no restrictions. That is where the fear comes from along with its potential impact on groundwater and the LCWD’s wells next door.”

After the discussion, the Select Board voted 3-0 to endorse the development agreement.