Above: Planning members worry that voters will worry about potential future projects if zoning changes at Industrial Park zones beyond the old EMC parcel. (images edited from Town’s GIS Map)
The Planning Board has scheduled an additional hearing for this Monday to deal with a challenging, but highly desired, zoning Article. The Select Board is eager for Fall Town Meeting voters to approve an Industrial Park zoning use that will allow permitting and construction of a project at 21 Coslin Drive.
The new use would create a special permitted use for Highway Major Retail, a:
retail sales and services facility containing no less than 50,000 gross square feet devoted to the retail sale to an end user of goods and services, including, but not limited to: traditional grocery store items (which may or may not be sold under its own brand) that contain a range of food products that are fresh, packaged or prepared (excluding storage) household goods, optical goods and services, pharmacy goods and services, liquor, automotive parts and repair, food service and fueling stations
Both boards hope that Atlantic Management’s proposed project will generate much needed revenue for the Town. The problem is that the developer’s proposal wasn’t for an “overlay” zone that would restrict the new use to just their parcel, or even the area of the old EMC campus. It would also apply to other lots across town zoned for Industrial Park uses. (See maps below.)
Some members of Planning, and the public, publicly worried about how abutters to other IP properties will react. They warned that residents concerned about the impact on their back yard could derail the vote, which needs 2/3 approval to pass. Members were especially concerned about one “touchy” parcel – the property at Park Central.
Representatives for Atlantic Management pitched that they wrote the zoning with requirements and restrictions that essentially make their parcel the only viable property. That includes the caveat:
The Lot does not abut any residential zoning district nor is it located within 500 feet of a residential district boundary
Planning Board Vice Chair Marnie Hoolahan referred to the large property at Park Central as an example that could be a problem. She pointed out that while the property is currently abutting a residential district, the owner could split the lot into multiple parcels, and apply for a permit on a smaller parcel that no longer abuts residential districts.
Hoolahan confirmed she was referring to the abutter’s ability to use an ANR (Approval Not Required) application to split the lot. (Atlantic Management’s attorney Robert Buckley wondered if the property had the required “frontage” on streets to allow that. That wasn’t confirmed in the meeting.)
Buckley stressed that the new use still requires a special permit. But members of the Planning Board highlighted that once zoning is approved, permit approval is through the “appointed” Zoning Board of Appeals, and would be out of the hands of the “elected” Planning Board and Town Meeting voters.
Hoolahan and member Debbie DeMuria stressed their concern that voters who aren’t even aware of the proposed changes yet would be upset about the process and perceived risks. They were enthusiastic about the planned project. But they warned the current zoning strategy was likely to fail. They urged pursuing an overlay to “spot” zone the parcel.
Public commenter Kristen Lavault agreed that abutters concerns, especially over the Park Central parcel, would tank the zoning effort.
Buckly argued that approving a new zoning map and the overlay is complicated and time consuming. He worried that changing course would prevent them from meeting the timeline for getting the zoning on the Warrant for the upcoming Special Town Meeting on October 27th. He noted concerned that there are users/entities currently interested in doing something at the site, but a delay could mean they move on elsewhere.
Planning Member Lisa Braccio said that she was less “stuck” on the overlay than her colleagues were. She suggested adding language to only allow the use for a site that doesn’t have egress onto a “Scenic Road”. She believed that could “alleviate” residents’ concerns about potential impacts at sites like Park Central and Ken’s Foods.
Commenter Tim Litt indicated that he wasn’t a fan of the developer’s choice to “define their way into” what is essentially a spot zone. He recommended writing zoning that specifies what is wanted rather than attempting to create roadblocks for what it isn’t wanted. He also highlighted that Southborough’s Scenic Road laws are strange. They have been previously designated not based on characteristics, but by when they were adopted as public roads. The Planning Board recently tried to expand the list of roads and could try again in the future.
Planning Member Alan Belniak said that both Braccio and Litt had good points about the scenic roads. He suggested that a solution might be to word that the parcel doesn’t have egress on a scenic road “at the time of construction”.
Hoolahan and DeMuria still pushed for spot zoning as a better solution. Both noted that beyond worries about getting the Article passed, they didn’t like a developer writing zoning changes that impact the overall town.
Chair Meme Luttrell indicated she also would prefer spot zoning. But she didn’t want to oppose the Select Board’s request to bring the Article to Town Meeting. She wasn’t sure if Buckley was right in believing that switching to overlay zoning would require re-advertising for a new set of public hearings.
The board scheduled a follow up meeting to focus on the continued hearing this Monday evening, September 13th. They hope to have some answers from Town Counsel by then.
The agenda for the meeting has been posted. The board will meet over zoom at 6:30 pm. The Select Board has posted an agenda to allow participating in that meeting.
During the meeting, the board also held a hearing for other use changes to modernize the Industrial Park zone. They agreed that to avoid “muddying” the issue and confusing voters, they will push that Article to Annual Town Meeting this spring.
For the redlined, recently revised draft of the bylaw (which combined the two originally proposed Articles and incorporated changes suggested by Town Counsel), click here. For a reminder about the pitch Atlantic Management made to the Select Board, click here.
For more coverage of items headed to the Fall Town Meeting, click here.
