Canton, developer huddle to avoid suit

Talks aim at avoiding Westwood Station suit

Canton officials are in negotiations with developers of Westwood Station over mitigation measure for the complex. (Tom Herde/Globe Staff/FILE 2007)

For months, Canton has waged a battle of wills with the developer of the massive Westwood Station project over the planned community's impact on traffic and the environment.

But before Canton could file the lawsuit it says is ready to go, developer Cabot, Cabot & Forbes unexpectedly invited Canton officials to a series of private negotiating sessions this summer - and they agreed.

The two sides will spend this month in closed-door talks on mitigation plans for the $1.5 billion, 4.5 million-square-foot mixed-use project on University Avenue.

"They want to have some discussion, and we've agreed to that," confirmed Douglas McGarrah, a Boston attorney who represents Canton in the Westwood Station matter. That's all McGarrah would say about the meetings because, he said, the developer wants them to be confidential. Cabot, Cabot & Forbes also declined comment.

It appears that traffic will be at least one of the agenda items.

"The town's position for a while has been there needs to be an adequate infrastructure in place to handle the volume of traffic," McGarrah said. "You either scale back components of the project that generate traffic, like retail, or you scale up the infrastructure, or both."

Canton has argued that while the development will funnel money and resources to Westwood, neighboring Canton will have no such benefits, and will instead be stuck with the headaches that result from such a large development.

Westwood stands to make millions in mitigation funds and fees from the offices, stores, homes and hotels that will make up Westwood Station. The project is slated to be four times the size of Braintree's South Shore Plaza.

While the July negotiating sessions may avoid a legal battle on that front, at least some court action is still inevitable.

A handful of residents who abut the Westwood Station property have already filed lawsuits against the Town of Westwood, the developer, and the state. And while settlement talks are ongoing, the case has the potential to go to state Land Court in October.

Meanwhile, preparation work has begun at the roughly 135-acre site. Workers are laying storm-water drainage pipes and beginning road and utility work.

The Westwood Planning Board approved the project's basic master plan and is considering a series of amendments in ongoing public hearings.

On June 18, it approved Phase 1A of the project which includes 14 buildings, five parking garages, and landscaping, utility work, signs, roadways, and light installation.

The town's Building Department is already reviewing permit applications, and construction could begin as soon as fall.

Westwood officials have required a $4 million letter of credit to cover expenses should the project fail. That figure would be reduced as each phase of the project is satisfactorily completed.

"The town is pleased with the fact we are proceeding with the schedule as everyone has intended," said Town Administrator Michael Jaillet.

Westwood Station is expected to bring an estimated 8,500 professional and retail jobs to the region.

Among those retailers will likely be Rochester, N.Y.-based Wegmans Food Markets, which is working toward a lease in Phase 1B of the project, town officials said.

The food giant hopes to open its first Massachusetts location after a Westwood Town Meeting gave the go-ahead to a beer and wine license for a proposed 140,000-square-foot store.

Representatives of the town were required by law to petition state legislators to approve the beer and wine license.

After meeting with lawmakers in late June, Westwood officials are hopeful the issue will be voted out of committee and approved so plans for the store's siting can move foreward.

Michele Morgan Bolton can be reached at mmbolton1@verizon.net.