Is Target coming to Burlington?

Another property along Middlesex Turnpike may soon be at the center of a zoning controversy.

The property, identified as the Canyon Site, is located along Wheeler Road behind Best Buy. The property was recently put out to bid by the Massachusetts Department of Transportation (MassDOT). The Commonwealth acquired the 13-acre site in 1952 for public highway access, according to a letter from Attorney Robert Buckley of Reimer and Braunstein. 

Buckley is representing The Guitierrez Company, which is in negotiations with MassDOT for the purchase of the parcel. The Gutierrez Company owns two abutting properties along Wheeler Road, commonly referred to as the Seimens building. The company also has approval to build another office building at 14 Wheeler Drive, according to Town Administrator Bob Mercier. Mercier said he had heard that The Gutierrez Company is interested in the Canyon site for a large single retail use.

Selectman Daniel DiTucci said that Gutierrez is negotiating with the Housing Authority for an adjacent parcel owned by that entity. DiTucci also said that he has heard that the Gutierrez Company is interested in locating a Target retail store at the site.  A retail installation of that magnitude would cause significant traffic impacts all along the Middlesex Turnpike corridor.

When asked about traffic impact to Middlesex Turnpike, Mercier responded “Middlesex Turnpike is a problem area,” adding that it is his hope that the Town can get together with Gutierrez, and Nordblom and other interested parties and work together to come up with a solution to the traffic situation on Middlesex Turnpike.

“We all live in the 21st century and we all have cars. It’s the nature of how we live,” said Mercier.

However, before any plans can be made in regards to development, a unique zoning situation with the property will need to be resolved.

In the Request for Proposals from MassDOT, the property, which has been empty since the 1950s, is identified as residentially zoned.

According to the letter submitted by Buckley, the Town of Burlington adopted its first zoning map in 1943. At that time, the land in question was part of a residentially zoned district. In 1969, Town Meeting members voted to adopt a new zoning map. That map, identified as “Zoning Map – Town of Burlington, Mass. – 1968” does not depict zoning for that parcel of land, presumably because the land was then under the control of the Commonwealth of Massachusetts. Thus, Reimer and Braunstein contend, the land is “un-zoned,” and not subject to local zoning regulations.

Town Planner Anthony Fields does not concur with this finding.

“I disagree with the conclusion, but we need to do more research,” said Fields.

Fields stated that his department is busy researching what processes were used to determine zoning of other sites which were abandoned by MassDOT.

Mercier has referred the matter to Town Counsel.  The implications of the zoning question are profound. If Town Counsel concludes that the land is un-zoned, the owner of the property can bypass the town’s Planning Board and Town Meeting and will likely seek to work out a Development Agreement with the Board of Selectmen.  If the property is found to be zoned, the owner must abide by all local bylaws and appear before the Planning Board to gain approval for any development on the site.  If the owner seeks to change the zoning, that would require a 2/3 vote of Town Meeting.  Clearly, the stakes are high.

Mercier expects to receive feedback from Attorney John Giorgio of Kopelman and Paige within two weeks.