Excerpts from Selectmen's Decision on MBTA-West Concord Depot

February 29, 1988

Selectmen Present:
Fan Cabot
Nancy Beecher
Terry Rothermel
William Sullivan
(Richard Loughlin removed himself from the discussion because of business dealings with John Boynton)

 

Nancy Beecher - I think it is important for us to start out by clarifying what  is proposed here. First of all,  it is not the same as last year's article.  We do not have a proposal here  that the town do  a purchase of the depot. What we have  is a proposal that the town  be prepared to participate in some acquisition and renovation  if and when it is undertaken. We've had an  indication, I think we had  it at the hearing, from the petitioners that if there appears  to be, between now and the time of Town Meeting, no interest on  the part of the state, that is to say the MBTA, in pursuing  the acquisition which now they are beginning to explore, then it  is the intent of the petitioners not to move the article. What they are  saying to us is that if this Board of Selectmen does not recommend  affirmative action that gives a definite clear and final signal  to the state, to the MBTA, that the leadership of the town is not willing  to participate so the state, the T, might just as well not  go ahead and explore the possibility.  It seems to me that it would  be very unwise of this board to give that signal.
It seems  to me the signal we want to give is to say that if the state is  interested, if the T indeed might move in that direction then we believe, we  the leadership of the town believe, that it would be desirable  for Town Meeting to have the opportunity to participate,  to express it's willingness to participate and put forward an  amount of money for that purpose. So  I think it is immensely  important that this board at this time give that affirmative  signal.

I would  just add a few points as regards the nature of the issue itself.   The depot has been there as unoccupied and, as I said it  some months ago, a derelict building not improving, not able to be  improved because of the impasse that exists there relative  to the private ownership. And I find it encouraging  that as a result  of the explorations and activities of this citizens' group,  some state attention is being paid to it, and there is a possibility  that the whole thing can get off dead center.  It is not an addition now to the beauty of West Concord center.  It ought to be and it could be and there are those citizens who say that indeed at the present time it is not only an eyesore but that it has detrimental effects on the behavior of people in the neighborhood and that we as a leadership in the town ought to take
some interest in getting it upgraded.  So it seems to me that favorable action here enables us to move off dead center and it gives the state some encouragement to give us assistance and I would urge us to take that position and recommend affirmative action.

Terry Rothermel - I've had a lot of practice recently in giving my point of view in this.  I think I can be efficient.  This is a very good cause.  This citizens' group has worked very hard on it but there are other circumstances at work here.  We've got a different but, I would say, similar article or articles as last year's Town Meeting in which it was proposed that the building come under public ownership at our expense and which also the private sector gave a position of wanting to buy the building and do very similar things with it.  Town Meeting of last year, not by a margin of six votes but by a margin of more than half the people, voted in favor of not buying the property on a public basis at this time.  For whatever reasons we never know at Town Meeting because obviously the case put forward by the private sector to do similar things without town or government must have had something to do with that.  My position is that I want to make sure that in this Town Meeting that both parties have a chance to express their points of view in this issue without prejudice. That the citizens' group who would like to see public ownership and control of this building give their point of view in moving the article and the private sector that wishes has the opportunity to make a similar case for itself.  I'm not unaware of the importance of the  selectmen's vote and support of the article, it means something.   In this case I think a little prejudice is attained and I would be  in favor of the selectmen taking no position on the article to allow  fair debate. Bill Sullivan - This gets to be a lengthy issue for me but I will have to say that  I still, in priority, support the private effort that has been made and continues to be made to develop  the property with something in place, something I think would  accomplish nearly the same goals as the public would.  However,  I think it is also possible that the private effort will not  succeed in the long run and it  is also possible the public effort will not succeed in the long run.  There's a very complex legal mess  surrounding this property and  I think in the interest of covering all the bases, I could find a way  to support the article if it among other things specifically  said that we would be following the initiative of the MBTA and the  following the MBTA's purchase with some good faith funds if you will,  rather than any inference at all that can be read into this  article that we are taking the initiative.  I don't think the  town should be in the business of taking the initiatives to support  the private effort. I also would  like to follow the Finance Committee's position and if we were  to pursue that avenue go for $50,000  rather than $75,000.

John Boynton  - Bill Boland and I have been trying to buy the property and  have been since about a year ago. As  you vote I think you  should have the benefit of knowing the exact status of the property.  After  about six or nine months of negotiations, we finally did  sign a purchase and sale agreement with Mr. Pappas about two months  before Town Meeting last year with the closing scheduled  about a month before Town Meeting.  Mr. Pappas did not show up at  that closing nor did his lawyer. We  believe that was because he  had been in the interim approached by the group wishing public ownership  and they had offered a price something like $385,000  and we had promised to pay and our contract called for $309,000  so he had been offered about a $75,000 premium by the group  and we believe that's why he didn't close with us.  However, because  of the delay in closing and still before Town Meeting, one of Mr.  Pappas's creditors came in and placed a $160,000 lien on the property.   The sum of the liens including the mortgage exceeded  our purchase price and really exceeded the value of the property  and as a result the authority to work with the property was kind  of taken away from Mr. Pappas.

Then we went to Town Meeting and the town voted not to buy the property  or get involved and the buying interest went away. Since that time we have been trying through the courts  to force Mr. Pappas to sell us the property for $309,000 and we are making progress towards that but as any lawyer knows it takes  time.  In the interim there has been another $100,000 of liens placed against the property, one of federal taxing of about $50,000  and a further mortgaging of about $50,000.  In addition, our understanding is that Mr. Pappas has conveyed ownership of  the property to one of the  creditors. Now, in two ways he has violated  a court order, an injunction against him selling the property.  We're  not sure who the owner  is at this point. We have a lot of money invested in  this thing and as was pointed out I think we basically had the same  intention as everyone here who want to see the property  renovated, back to its original identity. The  only difference  is that we would like to see a private use of the property.  We  think a private use would support the renovation process at no  expense to the town in fact.

Of course,  there is another view that says that it should be in public ownership  for various reasons and that's legitimate too. I would say  and I think Bill feels the same as I do that if the town really  felt that it wanted the building to be in public ownership whether  its the MBTA or the town owning it, who are we to buck the whole  town. We'll sell the property  to the town or to the MBTA probably  for less then Mr. Pappas or whoever owns it would sell  it.  But the disturbing thing to us is that as private citizens we're  trying to buy the building, doing our best, I think we have  the best intentions in mind and certainly intentions that are substantially  similar to those of the activists. And  yet it seems as  though by taking a position on this issue the town through  the selectmen is working against us.  I'm not sure what we've done wrong.   So I'm a little confused about the situation and  I think a vote on your part to support the effort sends a kind of mixed message.

Nancy Beecher - I would like to thank John for being here and giving us  that information so we can take that into consideration and have  some dialogue about it.  I certainly would not like to have  it thought that affirmative action recommended on our part implied  that you had done anything wrong, which is the phrase that you used.  Clearly you have been part of the victim in this situation as well.  I would just say that our experience is that in one year the matter hasn't cleared itself up and who knows how soon it will and an affirmative vote on Article 28 would be a kind of clear indication of the town's interest in having something go forward.  By encouraging the state to get involved, that doesn't necessarily write you out of the picture as far as I am concerned. It also suggests that we recognize that there is a public interest in having some kind of shelter, some kind of availability of services in that building again for commuters, which we lost as we lost it in the Concord Center depot.  And as we have an interest, and we talked about this with our balanced transportation
committee,  in beefing up and improving our public transportation services particularly as we see in Route 2 being with us for a while, I would say it behooves us to indicate that interest as well and to make sure any private buyer who might like yourself end up being  involved recognize that that's an important element that we are concerned about.  The way this is worded it says "to provide partial  funding for the purpose of acquisition and renovations."  Under such wording it is conceivable to me that if miraculously  all the private issues cleared up and you were able to become  the owner, then that would suggest that the town could participate with you in some way, with a private developer in some way in going  forward with this. What it does is represent the town's  interest in getting some forward movement in this matter as far as  I am concerned.

Gordon McCouch -  I would like to point out the wording in the article which  shows your intent for public ownership in regard to Mrs. Beecher's  comment.

Nancy Beecher - You're right, I accept that correction, sorry.

John Boynton - I will indicate that our plans do call for a public waiting  room as is required in the deed to the property. We don't have an  option on that.

Fan Cabot - I'm going on the assumption that it looks more like the MBTA will  acquire this and if that is true, then $75,000 or $50,000 whatever  is voted will be a help.

Helen McDonald, 56 Border Road - I would like to make a quick summary on this issue.  I became involved with this when I first heard that Mr. Boynton was planning to buy the depot.  At first I thought it was a great idea because I had seen what he had done at Walden Station and I felt it was so attractive and he improved the building and that I could envision the West Concord depot have something like that happen there because it is architecturally a very attractive building and I thought it would be a wonderful idea and a person from our town who would be really interested in upgrading the West Concord area and the depot. Somewhere along the line I happened to hear about these residents that were interested in it becoming a public transportation facility and the more I heard about it the more I thought it became a viable use for that building which was its original intent.  Then as the group proceeded the possibility became even more exciting to think that in fact we could again regain a transportation  facility and that it had been done in other cities and towns, mainly one which is about to open in Newton Center. Well my thought was if other towns have seized this opportunity, why would Concord want to let it go.  Another thing that made me think it would be a great use for this building is that I know the town leases  some land right now from Stop & Shop for their parking lot, and I thought that if at some time that is no longer available to  the town and since the T is expanding the parking lot adjacent to  this depot, it would be used by even more citizens of the town and  therefore become a real asset to the town. Another  feeling I have about Mr. Boynton buying the building now is I have  seen his restaurant in Walden Station and I have seen his new place  on Route 62 in Maynard, both of those although I feel attractive are  restaurants and also have a bar area which is
fairly good  size.  In West Concord we already have the 99 Restaurant which also has a bar area.  I happen to go down to the restaurant quite often because I take care of the flowers in the island and  I see the type of people who go into this restaurant, Saturday afternoons being a very good example, and I also see all the cars  that are parked right now next to the depot, most of all who are  in the 99.  I don't like the idea of having another restaurant with a bar area in West Concord just adjacent  to the 99.  I think  it would be a mistake of the town not to use the opportunity to  show the T that we are interested in this being a public transportation facility while we have the opportunity.   I think it would be an asset to the town and all our  citizens and it would be a much  less intense use of this facility.  I think the Newton Center  station is an example of how this can be done and be attractively done and provide a wonderful place  for our people to go and take  the T.  It would be safer and used and it would be just a shame  to miss our opportunity when the T has even offered
to purchase  this facility for us and all we have to do is cooperate with them.  Thank you.

Michele Touw,  Laws Brook Road - I think that the board's support for this article would  send a message to the MBTA that we would like the building  to be a train station once again and it would help convince  them to get them to earmark those funds towards the purchase of  the depot.  If private interests are still concerned and the legal wrappings make it available to the private  concerns then the money  is still there available for the MBTA to offer that private concern  the funds to purchase. In other words  for the MBTA to purchase  the building from the private owner. What  the town message  sends is not against private ownership, its for the train station  to be there and for the MBTA to earmark those funds for possible  purchase of the station in the future.

Bill Sullivan - There is another dimension when we get into discussing  this surrounding the use of the property.  I would support public  efforts in that priority but I don't think it benefits  the argument or discussion whether it's a train station or anything  else because I have a problem with publicly justifying how I spent  in terms of 4, 5, 6, $700,000 for a train station when both parties  propose to have a waiting station. Judy Scotnicki,  52 Prairie Street - I've lived in West Concord now for almost  14 years and I've seen changes in that depot-and the problem with  it when it is a restaurant is you never know how long any particular  restaurant owner is going to own it.  There is no guarantee  if it's only a private interest in the building that we will have  the amenities such as ticket sales, newsstand, bathroom facilities.  I know my children do use the trains and I'm sure there are other people here in the room who have all members of their family use the train.  It is my understanding that there will be a shelter that will be built across from where the waiting area is under the overhang.  If we lose control as a community of having a say in the use of this building for amenities for all people in the town potentially, we lose an opportunity, if you don't vote tonight to at least give us an opportunity to let the MBTA know we have enough interest.  And I don't think, Terry, that you can or I can speculate from that vote at Town Meeting last year didn't mean that people were concerned about the money in the town or whether they were concerned about John Boynton, or what. I think the fairest way is to let this have a chance to go to Town Meeting if in fact the MBTA is truly interested in the building. Your vote in the affirmative tonight gives that chance to go the next step of the process, and I think that's why many of us are here tonight to say please give all of us that chance.

Anna Thompson - Just a point of clarification, it can be brought up on the floor of Town Meeting regardless.  It's petition option, isn't it?

Fan Cabot - Yes, it is.

Anna Thompson - So whether or not the selectmen support it.

Judy Scotnicki - Anna, there is a reason for my saying that.  The MBTA is going to note whether or not the selectmen tonight vote in the affirmative action.

Anna Thompson - I hear you.  I was just asking for a point of clarification because it sounded as though if the selectmen decided not to support it tonight it was impossible to bring it up on town floor, and I don't think that certainly is the case.

Michele Touw - The point is if the selectmen sent a message to the MBTA that they are not in support of it, it lessens the chance the MBTA will earmark those funds.  And if they decide not to, the motion will not be moved at all at Town Meeting.  It will kill the motion for Town Meeting, that's the point.

Norman Weinberg - This is the second time in a year that the motivation of the activists have been put in question.  Mr. Boynton said last year that Mari Weinberg was a dangerous woman** and right after that the debate was cut off.  Tonight he said that the citizens offered $385,000.  Excuse me, this is far removed from the action of the motion itself but because it was brought up publicly and itself was removed, I want to straighten it out.  Mr. Sheiffer last year authorized the citizens, because he would not himself deal with Mr. Pappas, to find out how much he was asking for a price.  The citizens met with him and it was not cloak and dagger, it was under the auspices of the Town Manager.  They sat down with him and he set the price, they did not say the price to him.  So you were wrong about that.  And really you ought to give a public apology for making speculations about things that you know nothing.  I was there, you were not.  You owe a public apology not only to Mari Weinberg but to the rest of the citizens who've worked so hard and so long to see this.  They have no financial interest in this, this is for the good of the town. You, on the other hand, have a direct private interest.  At least if you are going to have a fair fight say the things that you know what you're talking about.  Tonight you made accusations about the citizens that are far off base and I resent it. **[Mr. Boynton disclaims having said this.]

John Boynton - May I ask one question?  Was it relevant that the property was under contract at the time Mr. Pappas was approached?

Norman Weinberg - It has nothing to do with it.  The citizens wanted to know, Steven Sheiffer wanted to know how much the depot was being  sold for. And he would not ask him himself so he asked the citizens  to go find the price out. What you ask is irrelevant.

Fan Cabot -  I think that is enough discussion.

Terry Rothermel - I just wanted to say that I will continue to vote against  this article with the board. That does not mean that I am not  in favor of public ownership, I am. Because of the circumstances,  I feel that it needs a fair hearing.

Nancy Beecher - Well, because I believe that it can't get a fair hearing without being before Town Meeting I would move this board recommend affirmative action.

Gordon McCouch - I think you need to do more than recommend affirmative action if you want to be clear as to what it is you're endorsing Mrs. Beecher because the way the article is worded is extremely general.

Nancy Beecher - That's helpful, Mr. McCouch.  The assumption that I made at the outset in my first remarks was as follows that the citizens would be moving the article if they had an indication, if there was a clear indication the T was going to proceed, so my assumption is that there will be an expression of or articulation or clarification with regards the T's proposal at the time the motion is made and that this board is recommending affirmation action on a motion which will propose town participation in acquisition or renovation and I guess we should specify the price that we're willing to recommend with the Finance Committee the sum of $50,000.

Fan Cabot - Is that clearer Mr. McCouch?

Gordon McCouch - I think that is clearer.

Bill Sullivan - I would like another clarification.  There is no specification that we're talking about the MBTA in the article at all and it says by publicly owned transportation facility and maybe they are the only ones meant but I think it's very relevant because I don't think we want the inference that the town will be the public community that owns the transportation facility.  I would also like to have some specification that we are not taking the initiative of putting up the money.

Nancy Beecher - I would be happy to withdraw my motion and have it reworded if that would be helpful. For the purpose of participating in purchase and renovation by the MBTA in the amount not to exceed $50,000.

Fan Cabot - Any further discussion?  All those in favor.  All those opposed.   3 to 1 - Mr. Rothermel voting against. Mr. Loughlin  is abstaining.

 

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Text mounted 6 May 2015.-- rcwh.