Alphabet Lane
School
Street
40.85 acres
21.28 acres
Newton
Street
Wellesley
Street
Ash Street
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OF THE
TOWN OF WESTON
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The Case Estates Review Committee
Recommendations:
1. Buy the
Case Estates
to take control
2. Use CPA funds to
preserve the
“Hillcrest Corridor”
as public open
space.
3. Explore options
for the remaining
land and re-use of
the three buildings
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The 9 Parcel Plan for the Case Estates
Approved at S.T.M on 11/08/06
Parcels 1 & 2 & 6a:
to be acquired as
Open Space with
CPA funds
Parcels 7 & 8:
to be
considered for
municipal use.
Parcels 3,4,5,6 & 9:
to be sold for
residential use if
private funds to
preserve them as
open space cannot
be raised.
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The Hillcrest Corridor: to be preserved as Open Space Parcels
1, 6a and 2
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THE CASE ESTATES
Allocation of the $22,500,000 Purchase Price per 11/08/06 Vote:
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Mentioned in the 11/08/06 CASE ESTATES presentation,
But NOT voted on:
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From January 2007 to May 2010 several series of soil tests revealed
extensive contamination from lead and arsenic pesticide residuals …
About 10 acres, shown here in pink, including areas with mature
vegetation were known to be affected by residuals of pesticides.
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The “HYBRID PLAN”
approved May 10, 2010
In the areas approximately delineated by
the PURPLE polygons, Harvard will
employ a more limited remediation
approach. Harvard will retain ownership,
impose an activity and use limitation
“A.U.L.,” and give the town access
easements, and an option to acquire
each parcel in the future for $1.00.
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HYBRID
REMEDIATION
PLAN May 2010
In the areas approximately delineated
by the RED polygons, a “Remove,
Replace, Replant” remediation
approach will be completed by
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Harvard.
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FINANCIAL IMPLICATIONS OF HYBRID MITIGATION PLAN:
a $3,000,000 reduction in the purchase price
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Additional testing in 2010 and 2011 revealed pesticide residuals in the Pine
Woods. The yellow areas shown here are the only contiguous areas
without pesticide residuals…..
Harvard and Weston
disagreed about
what the 2010
Purchase and Sale
Agreement required
of the parties after
contaminants were
unexpectedly found
in parts of the Pine
Woods.
Harvard considered
the agreement null
and void……
Weston felt The
parties were
obligated to
renegotiate in good
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faith…..
Weston filed suit but the Board of Selectmen continued to
seek a negotiated settlement with Harvard that recognized
and was guided by the following:
1. There are several safe and accepted options for the remediation of
contamination under M.G.L. Ch. 21 (e) regulations as overseen by
MassDEP.
2. Weston wished to acquire the property AFTER a MassDEP sanctioned
cleanup was completed by Harvard and filed with the state.
3. The Town’s bylaws for soil removal and work on a scenic road
require review by the Planning Board and their issuance of a Special
Permit.
4. The Board of Selectmen sought settlement terms that stayed
consistent with the language and the spirit of the November 8, 2006
and May 10, 2010 town meeting votes, including consideration of the
9 separate parcels of the Case Estates including CPA-funded open
space, municipal use land and land that may be sold for
development.
5. Weston wanted terms that were both fiscally and environmentally
responsible and sustainable.
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The 9 Parcel Plan for the Case Estates
Parcels 1 & 2 & 6a:
to be acquired as
Open Space with
CPA funds
Parcels 7 & 8:
to be
considered for
municipal use.
Parcels 3,4,5,6 & 9:
to be sold for
residential use if
private funds to
preserve them as
open space cannot
be raised.
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May 2015 Settlement Plan
It’s a lot like the “Hybrid Plan” but:
1. Weston to acquire the entire
property including the land
encumbered by A.U.L.s
2. 18.8 Acres – the “Pine Woods” –
to have an A.U.L. limiting its use
to passive recreational uses
3. Weston will assume
cost of all replanting
required by the
Planning Board.
4. The purchase price
will be $13,740,000
which is a
$5,760,000
reduction.
Cleanup Plan
1.
2.
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Areas in pink and light
blue are to be
remediated by removing
and replacing the
contaminated soil.
This gray area may also
be remediated to
increase the sale value
and flexibility for the
future development of
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this parcel #9.
DRAFT PROPOSAL
NOTE:
THESE ALLOCATED PRICES EXCLUDE THE ADDED
LEGAL & CONSULTING FEES OF ≈ $300,000.
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SO WHAT’S NEXT?
1. The Planning Board Public Hearing on June 17 regarding the Soil Removal and Scenic
Roads Special Permits
2. The Conservation Commission review on June 23 regarding order of conditions for
work in the wetlands and buffer zone
3. Harvard’s implementation of the clean up plan which entails over 12,000 cubic yards
of soil removal and replacement over an estimated time frame of 12 to 16 weeks.
4. Survey work to:
a) Demark the land to be encumbered with A.U.L.s
b) Establish the parcels for the Hillcrest Corridor
c) Define the conservation restrictions on Lot 6 and Lot 7, the Pine Woods.
d) Redefine the boundaries of Parcels 4 (the Barn and School House) and 5 (the
Rand House)
5. Seek to establish these new legal lots via a public hearing with the Zoning Board of
Appeals
6. Create plans and budgets for the work to be done on the barn, school house and
Rand house, and on the Summer House and Incinerator
7. Ask the Affordable Housing Production Plan Committee to consider parcels 9 and 7
for affordable housing
8. Determine how Case Estates private funding might be used if there are funds
available
9. Consider post closing cleanup work
10. Consider what we do with the land and buildings once we “take control.”
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Marian Case’s Summer House
is in disrepair, but it is a
wonderful resting spot
The stone incinerator is an
interesting structure and in
good shape, but we need a
vison for how it might be used
in the future…
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The 11/08/2006 Special
Town Meeting vote
approved an appropriation
of $365,000 for the removal
of lead paint, installation of
Title 5 compliant septic
systems and upgraded utility
services to these three
historic buildings.
The Thomas Rand, Jr. House
c. 1790
The School House and Barn
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Mentioned in the 11/08/06 CASE ESTATES presentation,
But NOT voted on:
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Details of Parcel 9 Alternatives
5 Lot Flexible Plan
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6 Lot Flexible Plan
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The Cleanup and Restoration Protocols
DUST CONTROL MEASURES INCLUDE:
• The plan is to excavate areas and replace the soil each day
• Water misters will prevent dust formation
• If contaminated soil is stockpiled it will be with be securely
covered
• Hydro-seeding with tackifiers will hold the clean
replacement soil in place
• There will be several dust monitoring stations running in
real time 24/7 with automatic alarms
• Weston’s Licensed Site Professional, Jim Luker of Green
Seal Environmental Services, has been reviewing the
Harvard / Hailey & ALdrich work plans and he will monitor
the work itself as well
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