Above: One of the districts where the Planning Board will pursue MBTA Communities overlay zoning will look slightly different than previously advertised. (images edited from public hearing packet)
On Monday night, the Planning Board will open its hearing on the proposed zoning bylaw for “MBTA Communities Multi-family Overlay District” (MCMOD). The hope is to gain public support, or make any revisions necessary to do that, prior to Annual Town Meeting on March 23rd.
They will also continue hearings already opened on smaller changes to fix a prior oversight in the adoption of Downtown District zoning and to comply with state laws related to special permit expirations.
MBTA Zoning & Revisions
Although information for the proposed MCMOD bylaw was posted on the Town website as part of the public hearing notice, that isn’t up to date. The board already intends to alter the district near the commuter rail station. A meeting packet is now posted with revised draft language.**
Starting on February 12th, the notice for the public hearing was advertised with maps outlining the three areas targeted for zoning overlays. At their meeting that evening, the board discussed possibly reconfiguring the map for “area 6”.
As I previously posted, the board intended to exclude buildings built prior to 1925 from the zoning district. Somehow, they had missed that the district outlined near the train station included two historic homes.
Town Planner Karina Quinn identified that the board could swap out 3 Cottage Street and 275 Cordaville Road for a larger parcel at 122 Southville Road. (See image right.) To do that, they would need to check that the districts still pass muster using the state’s “Compliance Model”.*
Members discussed concerns that under their contract/funding, they only had “one shot left” at checking a revised map in the model. They wondered if it would be better to wait until after the hearing opened, in case there were other changes they would want to investigate based on public feedback.
Quinn opined that the shift was minor. She didn’t believe that Bohler Engineering would charge the same as if they were investigating an entirely new area. The board asked staff to look into it. If Bohler confirmed they would still have funds left for other changes, they would be asked to check the compliance.
I followed up with the department. Business Admin Colleen Stansfield confirmed that the model was checked and the swap was compliant. According to Stansfield, the board agreed to make the swap in that meeting.
This past Tuesday, the board held a working session to go through the draft bylaw language with the consultant assigned to help them with that task. They spent three hours discussing revisions to the text. According to Stansfield, staff has been working on making the revisions and does plan to post a document prior to the meeting.
That might be posted as a packet for Monday’s meeting here. But it will likely be on the board’s page here, where you can also find the hearing notice and initial draft language.
Other Zoning Changes
The board’s page is also where the board posted information related to the two other zoning Articles headed to Town Meeting,
“Amend the Town Code, Chapter 174-9 term of special permit”
According to the public notice, this zoning change is to comply with state law requiring that the Town specify the expiration of special permits. The proposal is that, unless an extension is requested and granted, permits would lapse if not exercised within two years. It would also cap those extensions to one year, and only allowed “for good cause”.
Below is the language proposed to be added to the first paragraph under the section of the Town Code on special permits:
Unless otherwise designated by this chapter, if the rights authorized by a special permit are not exercised within two years from the date of grant thereof, they shall lapse, and a new petition, notice, and hearing will be required for their reestablishment. The applicant shall be granted a single one-year extension by applying in writing to the special permit granting authority at least 30 days prior to the date when the special permit is due to lapse. An extension will only be granted for good cause and/or at the discretion of the special permit granting authority.
“Amend the Town Code to include the Downtown District where appropriate”
In 2021, Town Meeting voters agreed to replace areas of the Downtown Business Village (DBV) with the new “Downtown District”. However, language in other parts of the Town code specify the zoning districts they related to, including the DBV. Those weren’t updated to include to the new district. The hearing notice explains:
Changes will include adding Downtown District to 174-11, Signs, 174-12.1, Outdoor Illumination, 174-1 3, Landscaping, and anywhere else in the code where Business Village District may be referenced.
*The MBTA Communities zoning initiative is the board’s effort to comply with the state law and regulations for cities and towns with MBTA stations. You can read more about the regulations the Town needs to meet in past coverage here.
