Memorandum of Understanding by and Among Fellsway Development, Llc, Langwood

8/14/2019 Memorandum of Understanding by and Among Fellsway Development, Llc, Langwood

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MEMORANDUM OF UNDERSTANDINGBY AND AMONGFELLSWAY DEVELOPMENT, LLC, LANGWOOD COMMONS, LLC

ANDDEPARTMENT OF CONSERVATIONAND RECREATION

This Memorandum ofUnderstanding (this "MOU") is entered into as of this lSi!'!day of e w-be'l" , 2009 by and among the Department of Conservation andRecreation he "DCR"), a body public, corporate, and politic, organized and existingpursuant to the laws of the Commonwealth ofMassachusetts (the "DCR") with offices at251 Causeway Street, Boston, Massachusetts 02114; Fellsway Development, LLC("Fellsway") with an address c/o The Gutierrez Company at One Wall Street, Burlington,Massachusetts 01803; and Langwood Commons, LLC with an address c/o SimpsonHousing LLLP at 33 Broad Street, Boston, Massachusetts 02109 ("Langwood", Fellswayand Langwood are hereinafter at times collectively referred to as the "Developer").

RECITALSThe following sets forth the background of this Memorandum ofUnderstanding:1. The Commonwealth of Massachusetts, acting through the DCR, is theowner of the Middlesex Fells Reservation (the "Reservation") in the Town of Stoneham,as successor to the Metropolitan District Commission (the "MDC") pursuant to G.L. c. 92

and St. 2003, Chapters 26 and 41.2. The Developer is the owner of an approximately 36 acre parcel of landlocated east of Spot Pond on Woodland Road in Stoneham, Massachusetts (the "Site"),which is bounded to the north and east by the Reservation. The Developer proposes toredevelop the Site into a mixed use development consisting of the redevelopment of theexisting 374,000 square foot hospital facility to approximately 225,000 square feet ofoffice space, continued use of 14,000 square feet in accessory buildings, anddevelopment of approximately 49 townhouses, 261 apartments and 95 garden-stylecondominiums, for a total of 405 residential units, and a ancillary convenience store(collectively, the "Third Redevelopment"). The conceptual plan for the ThirdRedevelopment is attached hereto as Exhibit A.3. The Site abuts Woodland Road (a four-lane parkway controlled andmaintained by DCR) and has two existing driveways that access Woodland Road.4. Previously, the Developer proposed redeveloping the Site as a 914,000square foot first-class office, medical, and research and development facility. FellswayDevelopment, LLC and the MDC entered in a memorandum of understanding dated as of

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March 16, 2002 pertaining to such prior redevelopment proposal ("2002 MOD"). Theparties formally confirm that the 2002 MOD is of no further force and effect andterminated.5. In November, 2005, the Developer filed a Notice of Project Change

pursuant to the Massachusetts Environmental Policy Act, M.G.L. c. 30, 6l et seq. andregulations thereunder ("MEPA") with the Secretary of Environmental Affairs (now theSecretary of Energy and Environmental Affairs; the "Secretary").6. On January 6, 2006, in response to comments from DCR and theMassachusetts Historical Commission ("MHC"), the Secretary issued a Certificate (the"2006 Certificate") requiring the Developer, among other things, to engage inconsultations with DCR and MHC, followed by the negotiation of a draft Memorandum

of Agreement (MOA) with DCR and public review and comment on such MOA, withrespect to any changes proposed to be made by the Developer to DCR parkways.7. The Developer consulted with DCR and the community on a "VisionPlan" for the Middlesex Fells parkways. The Vision Plan 's focus was on WoodlandRoad, as "the central spine of the Fells Reservation." In a far-reaching, public exerciseled by DCR and its design consultant Glatting Jackson, with assistance from DCR'straffic and engineering staff and DCR's traffic and engineering consultant, RizzoAssociates, existing traffic and safety concerns were identified, at the Developer's cost,resulting in a published Vision Plan that the parties then hoped that the Developer couldimplement. Specifically, the Vision Plan recommended numerous "traffic calming"measures for Woodland Road. Among those measures was the construction of"roundabouts" at each of the existing entrances to the Site. These measures wereintended to remedy existing deficiencies on Woodland Road and nearby roads, whetherrelated to or independent of redevelopment of the Site (collectively, the "Vision Plan").8. On June 29, 2007, the MHC issued a letter in which it concluded thatimplementation of the Vision Plan would cause an "adverse effect" on a historicalresource, namely, the existing design of Woodland Road. MHC called for in an entirelynew consultation process for any work onWoodland Road.9. Thus, in January 2008, the Developer put forth a third redevelopmentproposal (i.e. the Third Redevelopment), which proposed no alterations to any roads orfacilities outside of the Site, including Woodland Road, and a further, 10% reduction ofthe mixed-use project to 225,000 square feet of office space redevelopment of theexisting hospital facility, 405 residential units, continued use of existing accessorybuildings and structure, and the ancillary convenience store. The Developer proposed to

use the Site's existing Woodland Road driveways "as is," and without constructionof thetwo roundabouts recommended in the Vision Plan, but rejected by MHC. The Developernotified the Secretary that the Developer believed that the Third Redevelopment did notcall for the issuance of state permits, and therefore it did not require review under MEPA.In February 2008, the director of the Secretary's MEPA office responded to theDeveloper's January 2008 notice and stated that, if the Third Redevelopment was not the2EAsn42418191.1


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subject of any "agency action," tbere would be no basis for MEPA jurisdiction or MEPAreview.

AGREEMENTSNOW, THEREFORE, in consideration of the mutual covenants set forth in thisMOU and for otber good and valuable consideration, tbe receipt and sufficiency of whichare hereby acknowledged, the parties hereby agree as follows:

1. BASIC AGREEMENTS; DESCRiPTION OF THE WORK: DCR TOUNDERTAKE WORK; FUNDING FORTHE WORK10. The parties agree that the Third Redevelopment will not involve anychange of use of tbe Reservation or conveyance by the DCRto the Developer of interestsin the Reservation.II . DCR hereby agrees tbat in consideration of the actions undertaken by theDeveloper in Paragraphs 5 - 9 and 12, and compliance with its funding obligationspursuant to Paragraph 13 below, the Third Redevelopment does not require a DCR permitor financial assistance from DCR, and tbat this MOU and the undertakings of theDeveloper hereunder mitigate all traffic and safety issues identified by DCR in its letterto the Secretary dated June 16, 2008. DCR further represents that the Developer hassatisfied all DCR regulations, policies and guidance regarding access to DCR parkwaysthat apply to the Third Redevelopment and that tbe traffic improvements funded by theDeveloper ensure safe and efficient traffic operations on DCR roadways, regardless ofwhen the Developer proceeds to build particular elements of the Third Redevelopment.12. The Developer has caused to be prepared and submitted to DCR, and DCRhas reviewed and hereby agrees to, tbe Transportation Safety Improvements Plan ("TSIPlan"), attached hereto and incorporated herein as Exhibit B. The Developer has causedto be prepared and submitted to DCR and DCR has reviewed and hereby agrees to tbatcertain Traffic Impact Summary and a Level of Service/Capacity Analysis completed byDeveloper's consultant, VHB (the "2009 VHB Study"), attached hereto and incorporatedherein as Exhibit C.13. In consideration of the foregoing and the terms and provisions of tbisMOU, the Developer has agreed to fund One Million Eight Hundred Thousand Dollars($1,800,000.00) into an escrow account to be used for (i) the detailed design, permitting,

reviews, consulting / project management services and construction of the improvementsshown on and described as Options 2, 3, 6, 7 and 9 in tbe TSI Plan, including associatedarea clean-up or landscaping work, and construction period traffic details, on tboseportions of Woodland Road, Pond Street and Ravine Road immediately abutting or in thevicinity of the Site (and as it may be reasonably modified or varied hereafter by DCRprovided such modifications or variations are not materially inconsistent with the TSIPlan, tbe "Work"), and (ii) tbe potential interim traffic mitigation described below.3EAST\42418191.l


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Without limiting the generality of the foregoing, the term "Work" as used herein shallinclude any applicable design, review and permitting processes and consulting andproject management services, including interim traffic safety measures. DCR may in itssole discretion determine not to implement portions of the Work other than Options 2, 3and 6, which must be implemented if any Work is implemented.14. Within thirty (30) days after the execution of this MOD by all parties, theDeveloper shall deposit the sum of Three Hundred Thousand ($300,000.00) Dollars withFirst American Title Insurance Company (the "Escrow Agent") to be held and disbursedin accordance with the terms and provisions of this MOD (the "Initial Deposit").15. Within thirty (30). days of the earlier to occur of either (i) the Developerobtaining a final, unconditional Certificate of Occupancy for at least half of the buildout

of the Third Redevelopment, or (Ii) DCR obtaining all final, non-appealable permits andreview certifications for the construction of the Work and DCR giving written notice toDeveloper that DCR shall commence construction of the Work promptly thereafter(provided that DCR timely commences the Work in accordance with such notice), theDeveloper shall deposit the remaining balance, being the sum of One Million FiveHundred Thousand ($1,500,000.00) Dollars, with the Escrow Agent to be held anddisbursed in accordance with this MOD (the "Second Deposit"; the Initial Deposit andthe Second Deposit, together with all interest and earnings thereon, shall herein becollectively referred to as the "Escrowed Funds").16. The Escrowed Funds may be used- by DCR for the detailed design,permitting, review processes, consulting I project management services and construction

of the Work. In no event shall DCR propose, agree to or undertake any modification orvariation of the Work or propose, agree to and take any other action using the EscrowedFunds, which would have the effect of reducing or eliminating pedestrian and vehicularaccess to the Site for the construction, use and occupancy of the Third Redevelopment.The amount of Escrowed Funds payable to DCR for consulting I project managementservices and any other non-construction related costs, including without limitation,landscaping and clean-up, shall be capped at $300,000 in the aggregate.

17. DCR agrees that if it chooses, in its sole and absolute discretion, to pursuethe Work and traffic mitigation, it shall pursue and complete the same and shall cause topursue all required review processes (e.g. MHC, MEPA) and obtain any and all necessarypermits and approvals required in connection therewith. In no event shall any term orprovision in this MOD (i) require DCR to perform any of the Work, or (Ii) require theDeveloper to apply or file for, or to obtain any permit or approval for, or to lead orparticipate in any review processes, or to construct the Work or any portion thereof, or inany way subject the Developer to any liability in connection therewith.

18. In the event that DCR elects to permit or construct the Work, DCR shallsubmit a requisition to the Escrow Agent, with a copy to Developer, to fully fund theWork completed, which such Work may include pre-construction costs for design andpermitting, review processes (e.g., MHC, MEPA), and consulting I project managementservices and traffic mitigation. Such requisition shall include awritten certification from4EAS1\42418191.1


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DCR's Chief Engineer, certifying DCR's intent to proceed with the improvements, orportions thereof, more particularly described in Paragraph 13, which certification shall besupported by reasonable back-up documentation supporting the means and methodsproposed by DCR to make such improvements. Upon receipt of the certification andreasonable backup documentation, the Developer and the Chief Engineer shall haveseven business days to consult, and thereafter, the Escrow Agent shall transfer theremaining balance to a separate account identified by DCR to be held for the purposes offunding the Work. At least ten days prior to issuing any contract documents or otherapplicable documents concerning the Work, DCR shall provide Developerwith a copy ofsaid contract documents (which shall include, without limitation, applicable sureties andbonds) to insure that said contract documents further the improvements identified inParagraph 13. .19. DCR does not object that construction and occupancy of the ThirdRedevelopment may proceed immediately upon execution of this MOU.20. In the event that the total cost of completing the Work is less than theEscrowed Funds, then after all requisitions or invoices relating thereto have beensubmitted to and paid by the Escrow Agent, then the Escrow Agent shall, after writtennotice to both the Developer and DCR, distribute the balance of the Escrowed Funds toDCR to be used for improvements within or nearby to Woodland Road ..21. In the event that construction of the Work by DCR (or such portionthereof as DCR has determined to construct consistent with this MOU) has notcommenced on or before the earlier of (a) June 30, 2013, or (b) such date which is thethird (3'd) anniversary of Developer's receipt of a final, unconditional Certificate ofOccupancy for at least half of the Third Redevelopment, but in no event later than June30,2013 (the "Outside Date"), then the Escrow Agent shall distribute the then balance of

the Escrowed Funds to the Developer. For purposes hereof, the term "commencement"shall require DCR to have a current contract in hand and actual construction to havecommenced in accordance with usual and customary construction practices.22. In the event that the total cost of constructing the Work is more than thetotal cost of the Escrowed Funds, together with all interest earned thereon, the partiesagree that Developer shall have no obligation to deposit funds in excess of the EscrowedFunds described herein. DCR shall have no obligation to expend any public funds on theWork, unless appropriated by the Legislature for that purpose.

II. INTERIM TRAFFIC DETAILS23. The Developer and' DCR agree that if the Developer commencesconstruction of the Third Redevelopment, or any part thereof, prior to the commencement

of construction by DCR of the Work, or any part thereof, then, the Developer shallimplement, at its sole cost and expense, but reimbursable out of the Escrowed Funds ashereinafter provided, or shall request that DCR implement, out of the Escrowed Funds (orout of such funds held in a separate DCR account pursuant to Paragraph 18 above), atraffic detail, reasonably acceptable to DCR, at either the North Site Drive/Woodland5EAS1i4241819 1.1


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j]I Road intersection or the South Site Drive/Woodland Road intersection during "peakhours" (as defined by standard ITE definitioijs), if, as and when either party notifies theother in writing that, in accordance with applicable ITE standards, a traffic detail iswarranted.

24. The Developer shall have the right to obtain reimbursement for suchpolice details out of the Escrowed Funds by sending an invoice(s) to the Escrow Agent,with a copy to DCR, together with any reasonable back up documentation evidencingsuch costs reasonably incurred by the Developer in providing such detail, whereupon theEscrow Agent shall pay the Developer from the Escrowed Funds, an amount equal toeach ofDeveloper's said invoice(s).25. The Developer shall have no obligation to provide or fund any trafficdetail if and to the extent remaining Escrowed Funds are not sufficient to pay the costthereof, or after the Work is completed.

III. EASEMENT26. Upon written request by DCR to Developer, which such request shall bemade by DCR no later than the Outside Date, and provided that DCR has then obtainedall permits and approvals beyond appeal required for the Work, the Developer agrees togrant to DCR at no cost to DCR or Developer, a temporary non-exclusive easement onsuch portion of the Site, as described and shown on Exhibit D attached hereto, for theconstruction at no cost to the Developer (other than out ofEscrowed Funds), of a singlelane roundabout as contemplated by the TSI Plan, and thereafter a perpetual exclusiveeasement for use and access of such roundabout as a public way by DCR, the generalpublic and others legally entitled thereto, including access by DCR to perform anyrequired maintenance, repairs and/or replacement thereof, subject, however, to all pre

existing rights and easements including those granted to adjacent lot owners pursuant tothat certain Amended and Restated Declaration of Easements and MaintenanceAgreement dated as of December 20, 2007 and recorded with the Middlesex SouthRegistry of Deeds in Book 50503, Page 109 and that certain Declaration of NonExclusive Access and Utility Easements dated October 13, 1995 and recorded with saidDeeds in Book 25733, Page 265, as amended by First Amendment to Declaration ofNonExclusive Access and Utility Easements dated July 14, 2008 and recorded with saidDeeds in Book 51473, Page 194. Developer and DCR shall agree on a mutuallyagreeable easement agreement incorporating the foregoing terms promptly upon receiptofDCR's written notice to the Developers as aforesaid. The initial draft of the agreementand easement plan shall be prepared by DCR..IV. ESCROW PROVISIONS

27. The Escrow Agent shall hold the Escrowed Funds in an interest bearingaccount, and interest earned on the Escrowed Funds shall be paid to the DCR orDeveloper on a pro rata basis based on the portion of the principal amount of theEscrowed Funds paid to such parties, as applicable.6EAST\424 i 8 i 91.1


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28. In the event of any disagreement between the Developer and DCR withrespect to the Work (or the cost thereof) or any other matter arising hereunder inconnection with the Escrowed Funds, the parties agree to work together, each actingreasonably and in good faith, to resolve the same. If the parties resolve their dispute, theyshall issue joint written instruction to the Escrow Agent, to the extent such disputepertains to the escrowed funds or otherwise affects the service of the Escrow Agenthereunder. If the Developer and DCR fail to reach an agreement within thirty (30) daysof notice of such disagreement, then any party or the Escrow Agent is hereby authorizedand directed to file an interpleader action with a court of competent jurisdiction

29. Developer agrees to indemnify the Escrow Agent and to hold the EscrowAgent harmless from and agains t any and all claims, damages, losses, liabilities,judgments and expenses (including, without limitation, all reasonable fees and expensesof counsel and all expenses of litigation or preparation therefor) that the Escrow Agentmay incur or that may be asserted against the Escrow Agent in connection with theperformance of the Escrow Agent's duties hereunder or arising out of any investigation,litigation or proceeding involving this MOU (including compliance with or contesting ofany subpoenas or other process issued against the Escrow Agent), whether or not theEscrow Agent is a party thereto, other than claims, damages, losses, liabilities orjudgments with respect to any matter as to which the Escrow Agent shall have beenadjudicated not to have acted in good faith. Promptly upon receipt by the Escrow Agentof notice of the commencement of any action, the Escrow Agent shall, if a claim inrespect thereof is to be made against any other party hereto hereunder, notify such partyin writing of the commencement thereof.V. MISCELLANEOUS

30. Developer agrees, subject to a reservation of its claims in the pendingLand Court action and a reservation of all other rights, promptly upon receipt of a lettersigned by the Commissioner of DCR and stating that DCR is prepared to enter into thisMOU in a form mutually agreeable to DCR and Developer, which form shall be attachedto such letter, to cause to be submitted to the Secretary a request for an advisory opinionunder MEPA that such MOU and the TSI Plan and 2009 VHB Study constitute newinformation not available to the Secretary when the Secretary issued his Certificate onJuly 3, 2008, and determining that no further review of the Third Redevelopment isrequired under MEPA. If the Secretary issues such an advisory opinion withoutqualification or limitation, and such advisory opinion is not directly, indirectly orcollaterally challenged, appealed or attempted to be circumvented in any way by anyperson within three months after such advisory opinion is formally issued and effective,then DCR and the Developer shall within a further 15 days thereafter execute and deliverthis MOU among them. DCR and Developer acknowledge that Developer intends torequest that the Secretary submit the request for such advisory opinion to public reviewand comment prior to acting thereon.

31. Notwithstanding any language to the contrary set forth in this MOU, in theevent that (a) DCR, MEPA or other state agency, body or authority, asserts jurisdictionover the Third Redevelopment despite this MOU, or (b) a court declares that DCR,7EAS'I\42418191.l


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II MEPA .or other state agency, body or authority has jurisdiction over the ThirdRedevelopment despite this MOU, then the Developer (and DCR only in the case of (b)above) shall have the right, exercisable by giving notice to the other party, to terminatethis MOU and Developer shall immediately receive back all of the unexpended EscrowedFunds (including any such funds held in a separate DCR account pursuant to Paragraph

18 above), with any interest earned thereon, whereupon this MOU (except Paragraphs10,33,37 and 40 hereof, which shall survive) shall become null and void without furtherforce and effect.

32. The Developer shall have no liability or obligation in connection with theperformance and/or completion of the Work undertaken or constructed by DCR and shallhave not have any responsibility for any violations of laws or other liability caused byDCR in connection therewith. The provisions of this paragraph shall survive thetermination of this MOU and the escrow hereunder.33. The Developer and DCR agree that this MOU, or any documents relatedhereto, will not be recorded in the Registry of Deeds or registered in the Land Court, asthis MOU does not grant, transfer or dispose to the Developer of any right, title or interestin or to the Reservation, Woodland Road or any other DCRproperty.34. Developer and DCR agree that DCR retains, subject to this MOU, allcustomary and applicable police power, regulatory authority or other discretion as a stateagency with regard to the Reservation, Woodland Road and other DCR property; andnothing in this MOU grants or confers upon Developer or any other person any specialstanding, status, privilege or right in or upon the Reservation, Woodland Road or otherDCR property that is separate, distinct or in addition to that of the general public orafforded an abutter under state law.35. All notices, requests, demands and other communications hereunder shallbe in writing and shall be deemed to have been duly given if delivered (a) by certifiedmail, return receipt requested, or (b) if deposited with an overnight delivery service,properly addressed and postage prepaid. All notices shall be effective upon the earlierreceipt of (i) actual receipt or (ii) by 5:00 PM on the third business day following depositin the U.S. Mail as certified, return receipt requested mail. Notices shall be addressed asfollows:

If to the DCR, to:Department of Conservation and RecreationAttention: Richard Sullivan25 I Causeway StreetBoston, MA 02114

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with a copy in like manner to:Department ofConservation and RecreationAttention: Gary Davis, General Counsel251 Causeway StreetBoston, MA 02114

If to the Developer, to:Fellsway Development, LLCc/o The Gutierrez CompanyAttention: John A. Cataldo, Vice Chairman and SecretaryOne Wall StreetBurlington,MA 01803with a copy in like manner to:Fellsway Development, LLCc/o The Gutierrez CompanyAttention: Gloria M. Gutierrez,Executive Vice President and Corporate CounselOne Wall StreetBurlington, MA 01803

And:

Spencer WeltonSimpsonHousing LLP33 Broad Street, Suite 1002Boston, MA 02109with a copy in like manner to:Greg Peterson pCDL' p' -r-r/ow B r ~ e . . J ) H"",," "f Rod5e 't>". .n IpeI I '" A 51 't. 50033 "deh SlIeet, 26th FloeJI IDI H U I I \ ' t I " , ~ ' f o l \ ~ ' LlI eBoston, MA 821 Hl144" Bost OVl, fI7IA 0';)./"1 "tIf to the Escrow Agent, to:First American Title Insurance Company10 1 Huntington AvenueBoston, MA 021997610Attn: Gel/le Al/llc'co, l 3 " ~ , : V " ( > w Dmce ("I


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or at any other address as may be given by any party to the other party by notice inwriting pursuant to the provisions of this Section 40.36. Whenever the consent or approval of either party is required, such consentor approval shall not be unreasonably withheld, conditioned or delayed.37. Except as otherwise expressly provided herein, the provisions of thisMOD shall inure to the benefit of and be binding upon the parties and their successorsand assigns to or of the Property and the Reservation, expressly excluding any mortgagee

of record, but including subsequent purchasers at a foreclosure sale or otherwise, andupon taking title to the property referred to herein by foreclosure deed or deed in lieu offoreclosure, such parties shall thereafter have the rights previously conferred upon, andbecome subject to the obligations of the prior owner, and Developer as applicable for theProperty, of such property.38. This MOD shall not be modified, amended or terminated except in writingexecuted by all parties hereto.39. This MOD may be executed in any number of counterparts, each of whichwhen executed and delivered is an original, but all of which together shall constitute oneinstrument.40. The 2002 MOD in its entirety is terminated and of no further force andeffect.41. This MOD shall take effect as of the date first written above.42. This Agreement shall be construed and enforced in accordance with thelaws of The Commonwealth ofMassachusetts.

Remainder ofPage Intentionally Left BlankSignature Page to Follow

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IN WITNESS WHEREOF the parties hereto have executed this MOU under seal as ofthe date set forth above.DEPARTMENT OF CONSERVATIONAND RECREATIONDivision ofUrban Parks and Recreation

Approved as to form:

B Y : x a ~ ~ .Ga: DavisGeneral 'Counsel

FELLSWAY DEVELOPMENT, LLCBy: The Gutierrez Company,Managing MemberBy:

Arthur 1. Gutierrez, Jr.President

LANGWOOD COMMONS LLCBy: Simpson Housing L.L.L.P.By: Columba LLC, a Delaware limited

liability company, its GeneralPartner

By:Name:

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IN WITNESS WHEREOF the parties hereto have executed thisMOU under seal as ofthe date set forth above.

LANGWOOD COMMONS LLC

By:

By: Simpson Housing L.L.L.P.

The Gutierrez Company,M a n ~Arthur 1. Gutierrez, Ir.President

By:

DEPARTMENTOF CONSERVATIONAND RECREATIONDivision ofUrban Parks and Recreation

By:

FELLSWAY DEVELOPMENT, LLC

Richard SullivanCommissioner

By: Columba LLC, a Delaware limitedliability company, its GeneralPartner

By: Gary DavisGeneral Counsel

Approved as to form:

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By:Name:


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INWITNESS WHEREOF the parties hereto have executed this MOUunder seal as ofthe date set forth above.

jApproved as to fonn:

By:Gary DavisGeneral Counsel

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DEPARTMENTOF CONSERVATIONAND RECREAnONDivision ofUrban Parks and Recreation

By: Richard SullivanCommissioner

FELLSWAY DEVELOPMENT, LLCBy: The Gutierrez Company,Managing MemberBy:

Arthur 1. Gutierrez, Jr.PresidentLANGWOOD COMMONS LLCBy: Simpson Housing L.L.L.P.By: Columba LLC, a Delaware limited

liability company, its GeneralPartner

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ESCROWAGENTFIRST AMERICAN TITLE INSURANCECOMPANY


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EXHIBIT ACONCEPTUAL SITE PLANOF THE THIRD REDEVELOPMENT

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EXillBITB

COPY OF THE TRANSPORTATION SAFETY IMPROVEMENTS PLAN ANDDESCRIPTION OF THE IMPROVEMENTS UNDER SUCH PLAN

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IDescriptionof Improvements in TSI PlanThe Transportation Safety Improvements Plan ("TSI Plan") is attached hereto and incorporatedherein as pa rt of this Exhibit B. It has been submitted on behalf of the Department ofConservation andRecreation ("DCR") to describe the scope of improvements in the TSI Plan.The following improvements have been identified in the TSI Plan to enhance safety, improvepedestr ian and bicycle accommodations, promote traffic calming measures, create a morerecreationally-focused parkway, and provide for efficient vehicular operations throughout theWoodland Road corridor: Designate most of the extent of the existing Woodland Road southbound lanes for a futuretwo-lane (bi-directional) bicycle and pedestrian path. Reconfigure the two remaining northbound Woodland Road lanes to accommodate two-waytravel via one southbound travel lane and one northbound travel lane. Install a single-lane modem roundabout at the intersection ofWoodland Road and the southdriveway of Langwood Commons. Reconfigure the intersection of Woodland Road and the north driveway of LangwoodCommons to provide geometric improvements and prohibit left turns from the driveway. Install a double-lane modem roundabout at the intersection of Woodland Road at RavineRoad.Reconfigure the intersection of Woodland Road at Pond Street to provide geometricimprovements and prohibit left-turns from Pond Street westbound.

Provide a break in the existing median, approximately one-halfmile north of the intersectionof Woodland Road at Pond Street, to accommodate u-turning vehicles destined toWoodlandRoad southbound (those trips restricted from left-turns directly from Pond Street toWoodland Road in the modification detailed above).

Provide several additional pedestrian crosswalks (signage and striping) and enhancedaccommodations at appropriate locations shown on the TSI Plan.The improvements alongWoodland Road are designed as traffic calming measures that will helpreduce vehicular travel speeds and potentially create a safer environment for bothmotorists andpedestrians. The improvements are also expected to provide efficient vehicular operations alongWoodland Road and at the study area intersections.

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EXHIBITC2009 VHB STUDY


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TransportationLand DevelopmentEnvironmental

Services

Memorandum

Vanasse Hangen BrustliY4 Inc.

To: WilliamCaulderThe Gutierrez CompanyOneWall Street5th FloorBurlington,MA 01803

101WalnuP.o. Bo

Watertown, MA 024761792

FAX 617 924Date: April 21, 2009

Project No.: 06971.30

From: Don Cooke, P.E., P.T.o.E.Ana Fill, P.E.Michael A. Santos, P.E.

Re: Woodland RoadTraffic Safety and Improvements Plan

Vanasse Hangen Brustlin, Inc. (VHB) has conducted an assessment to evaluate the safety and trafficconditions associated with the implementation of the Transportation Safety Improvements Plan(/ITSI Plan") (provided under separate cover) along the Woodland Road corridor in Stoneham,Massachusetts, including impacts associatedwith the construction of the proposed LangwoodCommons development. Thismemorandum presents safety and operational analyses and concludethat the roadway network under future conditions with theTSI plan is able to better accommodatefuture traffic volumes and operate in a potentially safer and more efficientmanner and become amore recreationally-oriented parkway.STUDYAREAThe study area for the project includes Woodland Road and the following intersections along thisroadway:

1. Woodland Road at Pond Street2. Woodland Road at RavineRoad3. Woodland Road at the North Site Drive4. Woodland Road at theSouthSite Drive5. Woodland Road at Fulton Street, ElmStreet, and Highland Avenue (MolineauCircle)

The study area selected for the analysis presented in this memorandumwas determined inconsultationwith the DepartmentofConservation and Recreation (DCR), based on the intersectionsthat can be expected to experience a relatively significantincrease in traffic volumes due to theproposed Langwood Commons development.PROJECTDESCRIPTIONThe projectwill consist of the implementation of the TSI Plan along the Woodland Road corridor inStoneham, Massachusetts. The proponents of the Langwood Commons development and DCRhaveidentified and developed potential roadway improvements for the Woodland Road and Pond Streetcorridors, betweenMolineau Circle to the south and a point approximately one-half mile north ofthe Woodland Road/Pond Street intersection, resulting in the TSI plan.

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Date: Apri121, 2009Project No.: 06971.30

The analysis prOVided in this memorandum assumes the full build ou t of the Langwood Commonsproject, which is located on th e site of th e former Boston Regional Medical Center (BRMC) offWoodland Road in Stoneham,Massachusetts. The former BRMCsite currently consists of a 300,000square foot (sf) hospital building an d 110,000 sf ofmedical office space (of which 99,000 siiscurrently occupied). There were additional uses previously present on th e site which have sincebeen discontinued. An assisted living facility is located to th e south of th e former BRMC site, withshared access via th e former BRMC's site driveways. As part of th e Langwood Commonsdevelopment, the hospital building will be redeveloped to consist of 225,000 sf of general officespace, with the 110,000'sf ofmedical office space b e in g re t al n ed . T h e projectwill also contaln aresidential component, consisting of the construction of 261 apartment units, 95 condominium unitsan d 49townhouses. Access to the developmentwill continue to be provided by t h e t w o existingsitdriveways (with proposed modifications outlined in the TSI plan) that currently serve th e site.EXISTING TRAFFIC VOLUMESAutomatic traffic recorder (ATR) counts were conducted on Woodland Road between the tw odriveways to the LangwoodCommons site in February, April, an d December 2005; July 2007; an dFebruary 2009. Manual turning movement counts (fMCs) were collected at the study areaintersections in April 2005 an d February 2006. Table 1 summarizes the ATR counts. The detalledcount data sheets an d t h e w e ek d ay m o rn i ng an d evening p e ak h o u r existing traffic volumenetworks are provided in th e Appendix.Table 1Woodland Road Traffic Volumes

15,590

17,63017,26016,690

16,49017,390

16,24016,510

Count Date Daily Traffic Volume aFebruary 2005

TuesdayWednesday

Apri/2005WednesdayThursday

December 2005WednesdayJuly 2007

TuesdayWednesday

February 2009Thursday

a Volumes collected between the driveways to the LangwQod Commons site,

As c an b e s ee n in Table 1, multiple ATR counts have beenconducted on Woodland Road. Althoughthese countswere collected during different months an d years, th e traffic volumes have beenrelatively consistent, ranging from approximately 15,590 to 17,630 vehicles pe r day. Based on thesecounts, dally traffic volumes alongWoodland Road have remalned relatively stable over th e pastseveral years an d have actually declined based on the data collected in 2009. Thus, the turningmovement counts originally conducted in 2005 an d 2006 were deemed appropriate a n d e v enpotentially conservative in developing th e existing condition traffic volume networks used in th ecurrent analysis. The traffic volumeswere no t seasonally adjusted, since April represents highertraffic volumes than average month conditions based on MassHighway data. Given that th elocations with th e February counts were adjusted to ensure that traffic volumes leaving anintersection were consistent with those entering an adjacent intersection (many of which had trafficcounts conducted in April), th e resulting traffic volumes are indicative of average conditions.Z:\06971.30\docs\memos\April2009]ullMemo_042109-PINAL.docx


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Date: April 21, 2009Project No.: 06971.30

CRASH DATAIn order to identifymotor vehicle crash trends and!or roadway deficiencies in the study area, motorvehicle crash data was obtained fromMassHighway for the most recent four-year period available(2004 through 2007).Crash rates are calculated based on the number ofcrashes and the traffic volume at an intersection.Crash rates that exceedMassHighway's average crashrate (by District) for Signalized andunsignalized intersections (District 4 for the study area intersections) could indicate that safety orgeometric deficiencies existat the intersection. The average crash rate for unsignalizedintersectionsis 0.58 for MassHighway District 4. Table 2 summarizes the motor vehicle crash data for the studyarea intersections.As can be seen in Table 2, only the intersection ofWoodiand Road at Pond Streetwas shown to havea crash rate higher thanthe District 4 average for unsignalized intersections. The intersection alsoexperienced the most motor vehicle crashes over the four-year reviewperiod. A total of 36 motorvehicle crashes were reported at this intersection, with themajority of the crashes consisting of rearend type collisions (15 crashes), involvingproperty damage only (24 crashes) and occurring on a dryroadway surface (31 crashes). The clear majority of accidents occurred on a weekday during nonpeak hours (22 crashes).Improvements are proposed in the TSI Plan at the intersection ofWoodland Road at Pond Street thatcould potentially reduce the number of correctable motor vehicle collisions at this location. Thespecificproposed improvements are discussed in a later section of this memorandum.There was a fatal motor vehicle crash reported in the vicinity ofMolineau Circle on Saturday, June 4,2005 at approximately 3:40 PM. The crash was an angle-type collision and occurred during daylightand under dry pavement conditions. The specific details of the crash indicate that i t occurred at theintersection of the Flynn ice skatingrink driveway at Woodland Road, just north ofMolineau Circle.Specific improvements have been proposed in the TSI Plan alongWoodland Road thatwill extend tothe Flynn ice skating rink that will reduce vehicular speeds and enhance safety along the roadway.

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Date: Apri121, 2009Project No.: 06971.30

Table 2Motor Vehicle Crash Data Summary (2004-2007)

Woodland RoadlElm SlreeYWoodland Highland AvenuelWoodland Roadl Woodland Roadl Roadl Fulton StreetPond Street Ravine Road Site Driveways (Molineau Circle)Signalized? NO NO NO NOYear2004 6 4 1 12005 7 0 3 22006 9 6 2 32QQZ 11 Q QTotal 36 18 6 6Wl!Angle 12 6 3 2Rear-End 15 5 1 0Head-On 0 0 0 0Single Vehicle Crash 4 3 1 2Sideswipe 3 1 0 2Unknowri 2 1 QTotal 36 18 6 6SeverityProp, Damage Only 24 11 1 4Personal Injury 6 6 4 0Fatality 0 0 0 1Unknowo 1 1 1Total 36 18 6 6Pavement ConditionDry 31 14 4 4Wet 5 2 1 2IcylSnow 0 2 0 0Unknown Q Q 1 QTotal 36 18 6 6Time ofOayWeekday 7:00-9:00 AM 2 2 0 2Weekday 4:00-6:00 PM 4 2 1 1Saturday 11 :00 AM-2:00 PM 3 0 0 0Weekday, other time 22 9 4 2Weekend, other time 11 11 1 1Total 36 18 6 6Crash Rate 0,85 0,53 0.21 0,18

Source: Massachusetts Highway Department.

FUTURE CONDITIONSTo determine th e impacts on the surrounding roadway network oftraffic volumes generatedby theproposed LangwoodCommons development, future traffic conditions were modeled. Future trafficprojections also include regional background traffic growth, foll occupancy of th e existing medicaloffice, and implementation of theproposed TSI Plan.AnticipatedTraffic GrowthTraffic growth on area roadways is a function ofthe expected land development, economic activity,and changes in demographics. Two methods are typically used to determine background trafficgrowth expected on roadways, The first method involves estimating an annual percentage increasein traffic volumes over the past several years (background growth). The second method involvesidentifying specific developmentprojects in the vicinity of the project site that would affect traffic onthe stody area roadways. Since the ATR counts collected along Woodland Road show that th e trafficvolumes within thestody area have remained relatively stable over the past several years, thisz: \06971,30\docs\memos\April2009_PullMemo_042109.PINAL,docx


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I Date: April 21, 2009Project No.: 06971.30analysis assumed no background growth, bu t did include anticipated traffic from specific knowndevelopment projects.The following specific projects were identified in previous traffic analyses conducted for theLangwoodCommons project:

Table 3Background Development Projects - Previous AnalysesPeak Hour Trips onStudy Area Roadway

Network'Project Name/LocationStoneham Crossing - StonehamShannon Estates - WinchesterOutpatient Faciiity at 620Washington St. WinchesterAvalon Inwood - WoburnMalden Hospital Redevelopment - Malden154 Pleasant Street - MaldenOak Grove Village - Malden/Meirose

Development Program135,000 sf home improvement store; 12,000 office space17 single-family homes239,000 sf outpatient ambulatory care center400 apartment units300 assisted living units200 apartment units550 apartment units; 16,750 sf retail space

Morning Evening9 271 0

10 12o 0o 0o 034 55

a Expressed in vehicles per hour.TOTAL TRIPS 54 94

As shown in Table 3, the specific development projects used in previous analyses are expected toadd 54 vehicle trips to the study area roadway network during the weekdaymorning peak hour and94 vehicle trips during theweekday eveningpeak hour. Given thelocation of the proposed projects,some of themwere not expected to have traffic traveling in the study area.In order to verify the traffic volumes expected to be generated by the anticipated developmentprojects listed in Table 3, the Towns ofStoneham and Winchester and the Oties of Malden, MedfordMelrose, and Woburnwere contacted to determine the current status of eachproject and todetermine i f there are any additional projects that should be considered to develop future trafficvolumenetworks. Table 4 lists the updated status of the projects above and any additional projectsthat have been proposed since the previous analysis conducted for the Langwood Commons project.

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Date: Apri/21,2009ProjectNo.: 06971.30

Table 4Background Development Projects - 2009 AnalysisPeak Hour Trips onStudy Area RoadwayNetwork'

Project Name/LocationStoneham Crossing - StonehamShannon Estates - WinchesterOutpatient Facility at 620 Washington St WinchesterAvalon Inwood - WoburnMalden Hospital Redevelopment - Malden160 Pleasant Street - MaldenOak Grove Village - Malden/Melrose27-29 Dartmouth Street - Malden180 Eastern Avenue - Malden1021 Main Street - WinchesterGreystone at Winchester - WinchesterHamilton Farm - WinchesterDraper StreetWarehousing - WoburnStone Place - Melrose

Development Program87,000 sf self-storage facility b17 single-family homes239,000 sf outpatient ambulatory care center44 condominium units'300 assisted living units200 apartment units d550 apartment units; 16,750 sf retail space'275 apartment units; 34,000 sf office; 11,500 sf retailWendy's; Bank40 residential units50 townhouse units62 residential units36,000 sf warehouse space300 apartment units

Morning Eveningo 01 010 12o 0o 0o 010 1920 26o 0o 0o 0o 0o 014 24

TOTAL TRIPSa Expressed in vehicles per hour.b The home improvement retail store and office have been removed from the developmentprogram.c The previously proposed 400 units have been constructed and are substantially occupied.

An additional 44 condominium units have been proposed on the project site.d This projectwas formerfy known as "154 PleasantStreef.e At the time of this memorandum, 350 apartment unitswere constructed and partially occupied.

55 81

As shown in Table 4, the currentknown development projects are expected to add 55 vehicle trips tothe study area roadway network during the weekday morning peak hour and 81 vehicle trips durinthe weekday evening peak hour. These traffic volumes are generally consistentwithwhatwaspreviously used (with one additional vehicle during the weekday morning peakhour and13 fewervehicles during theweekday eveningpeak hour). Therefore, to maintain consistency with theprevious studies, the additional traffic volume growth associated with projects shown in Table 3 wasused and result in a somewhat conservative estimate (especially during the PMpeak hour) ofanticipated traffic volume growth in the study area. In addition to other known projects, additionaltraffic volume associated with the unoccupied medical office space in Langwood Commons wasincluded to project future conditions. To estimate the trips expected to be generated by theoccupancy of the remainingmedical office building space, the Institute ofTransportationEngineers(ITE) LandUse Code (LUC) 720 - Medical/Dental Office, based on 11,000'sfwas used.Langwood Commons Trip GenerationTrip generation estimates associatedwith the redevelopment of the LangwoodCommons siteweredetermined based on data published by the Institute ofTransportation Engineers (!TEl'.

1 Trip Generation- 8th Edition" Institute of TransportationEngineers;Washington,. D.C.; 2008.z: \06971.30\docs\memos\April2OO9_FullMemo_042109FINAL.docx


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D a t ~ : April2t 2009Project No.: 06971.30As stated previously, the proposed Langwood Commons will consist of the redevelopment of anexisting hospital building to contain 225,000 sf of general office space. In addition, the projectwillcontain a residential component consisting of the construction of 261 apartment units, 95condominiumunits, and 49 townhouses. lTE Land UseCode (Luq 220 - Apartment, based on 261dwelling units; LUC 230 - Condominium/Townhouse, based on 144 units; and LUC 710 - GeneralOffice, based on 225,000 sfwere used to estimate the trips expected to be generated by the proposedproject. The trip generation for the proposed project is shown in Table 5, with the detailed tripgeneration calculations provided in the Appendix.Table 5Langwood Commons Trip Generation Summary

Residential Component Office(261 Apartments; Component Total ProjectUse 144 Condominium Units) (225,000 sf) Generated Trips

Weekday Daily a 2,590 2,490 5.080Weekday AM'Enter 40 315 355Exit 160 205Total 200 360 560

WeekdayPM'Enter 160 55 215Exit M 275 360Total 245 330 575

a expressed in vehicles per day.expressed in vehicles per hour.

As shown in Table 5, the Langwood Commons project is expected to generate 5,080 trips on anaverage weekday, with 560 trips during the weekday morning peak hour and 575 trips during theweekday evening peak hour.Trip DistributionAlthough the Langwood Commons project has been decreased a further 10% since previous studies,the relative office and residential use mix has not changed. Accordingly, the directional distributionof traffic approaching and departing theLangwood Commons site determined in previous studieswas used to assign site--generated trips to the study area roadway network. The traffic volumesassociated with theLangwood Commons site are shown in figures provided in the Appendix.Transportation Safety Improvements PlanThe proponent ofLangwood Commons and DCR have identified and developed potential roadwayimprovements for theWoodlandRoad and PondStreet corridors, between MolineauCircle to thesouth and a point approximately one--halfmile north of theWoodland Road/Pond Streetintersection, resulting in the TSI Plan.Thefollowing improvements have been identified in the TSI Plan to enhance safety, improvepedestrian and bicycle accommodations, promote traffic calmingmeasures, and provide for moreefficient vehicular operations throughout theWoodland Road corridor:

Designate most ofthe extent of the existingWoodland Road southboimd lanes for a futuretwo-lane (hi-directional) bicycle and pedestrianpath.

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Date: April21, 2009Project No.: 06971.30 Reconfigure the two remaining northboundWoodland Road lanes to accommodate twoway travel via one southbound travellane and one northbound travel lane. Install a single-lanemodem roundabout at the intersection ofWoodland Road and the soutdriveway ofLangwood Commons. Reconfigure the intersection ofWoodland Road and the north driveway ofLangwoodCommons to prOVide geometric improvements and prohibitleft turns from the driveway. Install a double-lanemodem roundabout at the intersection ofWoodland Road at RavineRoad. Reconfigure the intersection ofWoodland Road at Pond Street to provide geometricimprovements and prohibit left-turns fromPond Street westbound. Provide ab reak in the existingmedian, approximately one-halfmile north of theintersection ofWoodlandRoad at Pond Street, to accommodate u-turning vehicles destinedtoWoodland Road southbound (those trips restricted from left-turns directly from PondStreet to Woodland Road in the modificationdetailed above). Provide several additional pedestrian crosswalks (signage and striping) and enhancedaccommodations at appropriate locations shown on the TSI Plan.

It is anticipated that due to the restriction of left-turning vehicles from the Pond Streetwestboundapproach to Woodland Road, some vehicular traffic will be shifted to Ravine Road and will use theproposed roundabout to travel to Woodland Road southbound. The future conditions associatedwith this shift are included as a sensitivity analysis.BuildTraffic VolumesThe future Build traffic volumes were developed according to themethodology described above. Inorder to reflect the proposed roadway and safety improvements in the TSI Plan, two Build scenarioswere developed. The first scenario assumes that all left-turning vehicles at Pond Streetwould bereassigned to the westbound right-turnmovement along the PondStreetwestbound approach toWoodland Road northbound whiCh would thenwillmake a u-turnmaneuver southbound at theproposedmedianbreak, approximately one-halfmile north of the intersection. The second scenarioassumes that this movementwill continue to occur, but also assumes that fifty percent of theprojected u-turning trafficwould divert to Ravine Road and accessWoodland Road southbound byway of the proposed roundabout at the intersectionofWoodland Road at Ravine Road. Bothscenarios reflect the left-turn prohibition for vehicles exiting the north driveway ofLangwoodCommons. The weekday morning and evening peak hour Build traffic volume networks for thefirst scenario are shown on Exhibits 1 and 2, respectively. The weekday morning and eveningpeakhour Build traffic'volumenetworks for the second scenario are shown on Exhibits 3 and 4,respectively.TRAFFICOPERATIONS ANALYSISTo assess the quality of vehicular flowwithin the study area, intersection capacity analyses wereconducted with respect to the projected Build traffic volume conditions, with the implementation ofthe TSI Plan throughout theWoodland Road corridor. Capacity analyses provide an indication ofthe adequacy of the roadway facilities to serve the anticipated traffic demands. Roadway operatingconditions are classified by calculated "Ievels-of-service". Level-of-service (LOS) is a qualitativemeasure that considers a number offactors including roadway geometry, speed, travel delay, andfreedom to maneuver and provides an index to the operational qualities of a roadway segment or anintersection. Level-of-service designations range from A to F, with LOS A representingthe bestoperating conditions and LOS F representing the worst operating conditions. Level-of-serviceanalyses were conducted for the future Build conditions for the study area intersections. Table 6presents a summary of the capacity analyses for the study area intersections under bothBuildcondition scenarios described above. The capacity analysis worksheets are included in theAppendix.

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Date: April 21; 2009Project No.: 06971.30

Table 6Intersection Operations Summary

IntersectlonlTlme Period

Build Conditions(assumes all Pond Street trafficuses U-turn fo r southbound)

vic D e l a l LOS" Queued--- --- - - -Build Conditions

SensitivityAnalysis(assumes 500/0 of Pond Street

traffic uses Uturn fo r southbound)Delay Queue

Free Movemento Ao A88 Fo A

Free Movemento Ao A11 Bo A

Free Movement

Free Movemento Ao A88 Fo A

oo45o

35o

193o

oo367o

FADA

AABA

32o

oo11o

>120o0.330.73

1.030.86

0.320.080.380.71

0.660.241.050.45

>500o

oo45o

108o

oo367o

FAFA

57o

>120o0.700.73

0.320.080.380.80

>1.200.86

0.660.241.050.49

Pond Street at Pond Street U-TurnWeekday MorningPeak HourPond Street NB U-TurnPond Street SB THWeekday Evening Peak HourPond Street NB U-TurnPond Street 58 TH

Woodland Road a t P o nd StreetWeekday MorningPeakHourPond Street WB RTWoodland Road N8 THWoodland Road N B R TPond Street SB LTPond Street S8 THWeekdayEvening PeakHourPond StreetWB RTWoodland Road N8 THWoodland Road NB RTPond StreetS8 LTPond StreetSB TH

Woodland Road at Ravine RoadProposed Roundabout

Weekday Morning Peak HourWoodland Road NBWoodland Road SBRavine Road weOverallWeekdayEvening Peak HourWoodland Road NBWoodland Road SBRavine Road weOverall

0.280.690.710.750.730.370.830.86

3613754247

AABAAACA

60216190

24877210

0.280.740.920.920.74'0.381.021.02

3102211

555312

AACBAADB

62265411

25578

452See notes at end of table.

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Dale: April 21, 2009Project No.: 06971.30

Table 6 (Continued)Intersection Operations SummaryBuild Conditions

(assumes all Pond Street trafficuses U-turn for southbound)

oo3o

3

51215

13>52

>51441

19>5083

AAAA

AAAA

AAEB

AAAA

AFAE

oo7o

2410424

7912

10646

Free Movement

Free Movemento Ao A10 Ao A

10>120

370

0.480.910.170.91

0.500.250.310.20

0.210.110.310.43

0.860.570.950.97

0.300.490.620.62

Build ConditionsSensitivity Analysis

(assumes 50% of Pond Streetraffic uses U-turn for southbou

Delay Qu

0.68>1.200.39

>1.20

oo34ooo

33o

50120159

138>50025

>500143412

199>50083

AAAA

AAAA

AAEB

AAAA

AFAE

oo7o

24104247912

10646

10>120

370

Free Movement0.210.110.310.43

0.480.910.170.910.860.570.960.97

0.300.490.620.620.68>1.200.39

>1.20

IntersectJonlTlmePeriod v/ca Delal LOSe QueuedWoodland Road at north driveway of Langwood Commons

Weekday Morning Peak HourNorth driveway WB RTWoodland Road NB THWoodland Road NB TH/RTWoodland Road 58 LTrrHWoodland Road SB THWeekday Evening Peak Hour

North driveway we RT Free MovementWoodland Road NB TH 0.50 0 AWoodland Road NB TH/RT 0.25 0 AWoodland RoadSB LTrrH 0.31 10 AWoodland Road SB TH 0.20 0 AWoodland Road at south driveway of Langwood Commons

ProposedRoundaboutWeekday Morning Peak Hour

Woodland Road NBWoodland Road SBSouth driveway WBOverallWeekday Evening Peak HourWoodland Road NBWoodland Road SBSouth driveway WBOverall

Mollneau CircleWeekday Morning Peak Hour

Elm Street EBHighland Avenue WBWoodland Road SBOverallWeekday Evening Peak Hour

Elm Street EBHighland Avenue WBWoodland Road SBOverall

ab

V o l u m e ~ t o ~ c a p a c i t y ratio.Delay, measured In seconds.

cd

Level-at-service.95 th percentile queue length, measured In teet.

CONCLUSIONThe project consists ofthe implementation of the TSI plan along the Woodland Road corridor inStoneham, Massachusetts.A review of existing conditions indicates that there are safety deficiencies within theWoodlandRoad corridor. The intersection of Woodland Road at Pond StreetwaS found to have a higher crashrate than the MassHighwayDistrict 4 average for themost recentfour year period for which data isavailable. There was also one motor vehicle collision related fatality that occurred in the vicinity ofz:\06971.30\docs\memos\ApriI20'09YullMemo_042109.FINAL.docx


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Date: April 21, 2009Project No.: 06971.30Molineau Circle. Further, there is a lack of pedestrian connectivity throughout the corridor andthere are currently no safe pedestrian crossings across Woodland Road.The analysis presented in this memorandum takes into consideration the impact of theredevelopment of the former BostonRegional MedicalCenter to encompass 225,000 sf of officespace, 261 apartment units, 95 residential condominium units, and 49 townhouses located offWoodland Road in Stoneham,Massachusetts. The full build-out of the project is expected togenerate 5,080 vehicle trips to the surrounding roadway network during an average weekday, with560 trips generated during the weekday morning peak hour and 575 trips generated during theweekday evening peak hour.To address the current deficiencies and to plan for thefuture impact of the Langwood Commonsproject, roadway and safety improvements have been proposed for Woodland Road betweenMo1ineauCircle and a point approximately one-halfmile north of Pond Street. These improvementare designed to address the existingsafety and operational deficiencies of the roadway, as describedin previous sections of this memorandum. Theimprovements alongWoodland Road are designedas traffic calmingmeasures that will help reduce vehicular travel speeds and potentially create asafer environment for both motorists and pedestrians. The improvements are also expected toprovidemore efficient vehicular operations alongWoodland Road and at the study areaintersections. While certainmovements presented in Table 6 reflect less than optimal conditions,most of thesemovements currently experience sim:iIar or worse operations. Further, a number ofother currentmovements that experience poor LOS are significantly improved by the proposedplan.The recreational aspects ofWoodland Road and the Middlesex Fells Reservationwill be enhancedby converting the southbound lanes ofWoodland Road into a future dedicated bicycle/pedestrianpath. Pedestrian safety and mobility will be improved by the addition ofseveral new crosswalksand by the conversion of the southbound lanes into a future recreational path, thereby reducing thetotal pedestrian crossingwidth.A review of operating conditions under future Build conditions with the TSI Plan roadwayimprovements alongWoodland Road indicates that the roadway network should be able to betteraccommodate future tra.fic volumes and operate in a potentially safer and efficient way.

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Appendix

> Observed Traffic VolumeDataATR DataTMCDataEXistingTraffic Volume Networks> MotorVehicle Crash DataMHO CrashDataMHO Crash Rate Calculations> Background TrafficBackground ProjeclTraffic Volume Network> ProjectGenerated Traffic

ITE Trip Generation DataProject-Generated TrafficVolume Networks> Intersection CapacityAnalyses> Existing and Build Conditions Capacity AnalysisComparison Table


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EXHIBITD

LOCATION AND DETAILS OF THE CONTINGENT EASEMENT

16EAS1i424I 8191.l


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Documents

Memorandum of Understanding by and Among Fellsway Development, Llc, Langwood