Agreement floats $3.9 million as Newbury Court seeks rezoning

A last-minute agreement between the town and Newbury Court leaders could net Acton close to $3.9 million over 10 years if a campus expansion proceeds. 

Next up is a Town Meeting rezoning vote. Beyond the Newbury Court senior living community, the deal may also be a blueprint for others like it. 

“It really is the first of its kind,” said Select Board chair Mary Hartman Tuesday night. 

As Newbury Court eyes development of newly acquired land near its existing campus, Hartman said, its not-for-profit operator has promised to share the cost of potential traffic and pedestrian upgrades. 

New England Deaconess Association also codified tax commitments and agreed to make mitigation payments proportional to the number of units it builds. 

Money would go toward senior services, including housing, health care, and “financial security.” The zoning could allow up to 194 units.

Hartman announced the accord during Tuesday’s Select Board meeting. Board clerk Mark Howell said the deal will only take effect if this week’s zoning measure passes.

In an email Wednesday morning, Deaconess CEO Chris Sintros said the agreement is an expression of the organization’s more than 100-year partnership with the town. 

Sintros said Deaconess has “always been proud to support the town” and asked residents to support Deaconess when their proposal comes to a vote.

Terms of the deal

Representatives previewed plans this spring and met resistance as housing advocates said many seniors can’t afford Newbury Court prices. Neighbors balked at the idea of tall buildings. Critics sought more specifics and Deaconess entered talks to firm up details before Town Meeting. 

Under the terms Hartman outlined, Deaconess and the town would split costs for traffic improvements at the corner of Old Road to Nine Acre Corner and Old Marlboro Road. For pedestrians, Deaconess would pay for sidewalk construction and the town would cover maintenance.

Deaconess leaders have said they expect to pay taxes on a Newbury Court expansion. If Deaconess ever gets tax-exempt status, Hartman said, the agreement previews payment in lieu of tax negotiations. 

The Select Board, which previously deferred a recommendation, urged a “yes” vote on Article 46 at Town Meeting. 

Neighborhood concessions

Beyond the Select Board agreement, the Planning Board discussed concessions, including plans to push tall buildings away from property lines and limit townhouse sizes.  

Sintros said Deaconess made landscaping promises and will build a sidewalk as it aims to keep a “residential feel” along Old Marlboro Road and boost West Acton’s walkability.

“We are all proud of our neighborhood and want us all to be proud of the outcome.”  

Though they discussed the zoning, Planning Board chair Andrew Boardman said his panel didn’t make a final decision on its recommendation to voters because the full memorandum of agreement with Deaconess was not yet public.  

Old Marlboro Road resident Jennifer Hurley-Wales said changes addressed neighborhood concerns “as much as seems possible.” 

In comments to The Bridge, she still criticized Deaconess’ decision to pursue a citizen petition, rather than a traditional rezoning effort. The result was a “very rushed process,” she said, “for a very complicated plan.” 

Willing to negotiate

As Acton strains to add affordable housing and find ideas for new revenue, Hartman said the Newbury Court deal shows the town is willing to negotiate with developers. 

With opportunities abounding, she told The Bridge she hopes the agreement “attracts more developers to come in and do these types of projects with us.”

Town Meeting begins Monday at 6:30 p.m. The Deaconess rezoning is pre-scheduled for Wednesday at 6:45 p.m.