NEWBURYPORT — The Conservation Commission voted this week to "express interest" in 19 acres of open space the city stands to receive if Tropic Star LLC of New Hampshire is successful in winning a rezoning on Storey Avenue.
Though the commission has not finalized the wording of its stand, the vote indicates that some city officials are concerned about a potential 185-unit housing development being considered for a nearby parcel on Low Street.
In fact, acreage near the intersection of Low Street and Storey Avenue has suddenly become the hot spot in the city for those interested in open space, commercial growth and/or affordable housing.
Mayor Donna Holaday urged the Conservation Commission at its meeting this week to go on record in stating that it values open space.
She implied that if the city eventually gets involved in legal action regarding approvals for a high-density development, it would be useful for the Conservation Commission to have taken a public stand on the value of open space.
Holaday called the thought of a 185-unit housing complex "horrific" and said a project of that magnitude could create more traffic and congestion at a time when Newburyport is seeking open space and balanced growth.
In 2004, Seaport Village LLC proposed an extensive plan on 22 acres on Low Street owned by Eleanor Woodman, but the deal was tied up in court for a half-dozen years. Last March, the courts ruled in Seaport's favor, and now, representatives appear to be resurrecting their plan for a complex that would include affordable housing.
It is unclear how many units Seaport Village will ultimately propose on what is known on land maps as the "Woodman 61A land." Holaday mentioned 185 units; news accounts from 2004, when the proposal was first considered, suggested 150 units would be built.
City officials say no new application has been received from Seaport Village for that land. But Seaport officials recently visited City Hall, and Holaday said she told them "the city does not have the appetite for a 185-unit project on Low Street."
She said Seaport officials told her that they know what size development they would need to build to make money, "but they are not sharing this information," the mayor said.
The proposed housing complex comes to play as Tropic Star seeks to rezone a small parcel on Storey Avenue to allow for the development of a CVS and a bank branch.
The Conservation Commission's action Tuesday to support the concept of open space followed an analysis that considers the 19 acres Tropic Star would cede to the city should it achieve the rezoning.
The 19 acres, which essentially run down from the back of the Tropic Star property to the land where the Seaport complex would be sited, could serve as a buffer between the potential commercial property on Storey Avenue and the proposed high-density complex on Low Street.
If the rezoning does not occur, Tropic Star could sell the 19 acres to another developer, or to Seaport Village.
The council has not scheduled a vote on the Storey Avenue rezoning, though it did obtain what amounts to a 90-day extension for its decision.
A super-majority of eight votes is necessary to approve the rezoning. Late this week, the "yes" voters picked up their seventh advocate. Councilor Ari Herzog said he will vote in favor of rezoning.
That could leave first-term Councilor Dick Sullivan Jr. as the deciding vote.
Sullivan has said he will recuse himself from voting because the real-estate firm his father built, and he now operates, once represented the Woodman family.
Sullivan said the state Ethics Board has indicated it would not be a conflict of interest for him to vote, but "it would be the appearance of a conflict of interest."
Thus, Sullivan's "sensitivity to conflict" has taken on significance as city leaders consider the confluence of open space, buffers and high-density housing.
Members of the Conservation Commission voting unanimously on the open space measure were Chairman Joe Teixeira, Steve Moore, Paul Healy, Mary Casey, Doug Muir, Dan Warchol and James O'Brien.
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