Above: The long vacant lot, across from where westbound drivers on Route 30 turn into downtown, may become the site of a three story multi-family housing building. (images edited from Google Maps and project plans)
Despite learning that the zoning bylaws for mixed-use in the Downtown District are less restrictive than he was previously told, the developer for a building at 2 East Main Street won’t pursue that use. Instead he will proceed with a multi-family project.
The hearings won’t be restarted, but will be readvertised publicly to clarify the changed use.
The decisions were confirmed on Monday night during the Planning Board’s hearing on the special permit and site plan.
Town Planner Karina Quinn recapped the zoning bylaw errors (that I discovered) in the online version posted of the Town Code, and the less restrictive versions that had been passed by Town Meeting. Developer Peter Bemis stated that he received the correct version of the bylaw from the Town Clerk that morning.
Planning Chair Meme Luttrell also informed him that she and Quinn discussed interpretation of the mixed-use definition with the Building Commissioner. She stated that he had changed his opinion, confirming that the Planning Board’s less restrictive interpretation was what voters had intended.
Peter Bemis told the board that the floor area ratios in the correct version of the mixed-use definition was still too restrictive to work for him financially. Bemis claimed that the math seriously penalizes creative solutions.
The developer said that given the egress points, Floor Area Ratio (FAR) didn’t reasonably allow retail on the first floor and residential upstairs. Quinn said that it would for two units. Bemis agreed they could fit, but that wouldn’t be economically viable as a development. (Earlier, he explained that part of the issue is that modern housing requires much bigger bedrooms to attract tenants than when he was growing up.)
Based on Bemis’ comments, the developer never would have applied for a mixed-use project if he had realized that the Downtown District zoning section of the bylaws (174-8.12) didn’t fully spell out the zoning restrictions. Some of the FAR restrictions were contained in the “Mixed-use development” definition in the Town’s zoning definitions (under 174-2).
Bemis asserted that if the Town doesn’t change the bylaw to be less restrictive, he doesn’t believe anything mixed-use will be developed downtown. He noted that just by having the multiple uses, there are extra costs to a project.
Luttrell responded that there had been debate at the time as to whether mixed-use would work. Earlier she had clarified that the bylaw language had been written to allow some downstairs residential units for accessibility and to avoid mixed-use buildings that wouldn’t really have any commercial components.
Resident Paul Carter later commented that the board might want to consider making future changes to the zoning law to have different FAR requirements based on the size of the lot.
But Bemis didn’t push for a zoning change to allow mixed-use on his lot. Instead, he’s pursuing the option that he described as the only one that is financially viable on the site under current circumstances — a 3 story, 6 unit, residential building.
Bemis previously confirmed that, consistent with the zoning law, it will include one affordable housing unit. (You can read more about the project here.)
On Monday, Bemis noted some of the waivers he will be seeking. But the developer and board didn’t get into project details this week. Partially, that was based on the fact that Planning’s engineering consultant Fuss & O’Neill had yet to provide its Peer Review comments. But the board and Bemis agreed that further discussion should wait until the hearing is readvertised with proper public notice.
Hearings for the 2 East Main Street’s “Major Site Plan Approval” and “Special Permit Downtown District” were originally advertised in November and opened on December 2nd. However, the notices and mailings to abutters had specified:
These hearings concern a proposal to construct a two and a half story 9,000 square foot mixed-use building with non-residential use on the first floor and four residential units on the second floor and including a parking area and related infrastructure.
According to Quinn, Town Counsel opined that they could continue the hearings for the site plan and permit rather than closing and starting over from scratch. But, to avoid legal issues, they should readvertise the hearings, clarifying the changed use.
At Bemis’ request, the board agreed to waive refiling fees for new application materials. Bemis said would pay for the newspaper advertisement and mailing to abutters.
The hearing was continued to March 24th and the board’s decision deadline to March 28th.
