Category Archives: Zoning

10/3 PB hearing on zoning for MSH

msh-phil tuths-buildings

Photo by Phil Tuths

Posted on: September 6, 2019

MSH Rezoning – Planning Board Public Hearing 10/03/19

Pursuant to the provisions of MGL ch. 40A §5, the Medfield Planning Board will hold a public hearing at 8:05 p.m. on Thursday, October 3, 2019, at the Medfield Town House, 459 Main Street, for the purpose of accepting public comments on the following proposed amendments to the Town of Medfield Zoning By-laws:

Item 1: Article ## To see if the Town will vote to amend the Medfield Town Code Article 300 Zoning by adding a new section known as Article 300-20 to create a new “Medfield State Hospital District” seeking to:

  • promote the reuse of the former Medfield State Hospital property and certain nearby properties by encouraging a balanced, mixed-use approach with housing, educational, recreational, cultural and commercial uses, with open space and with public access;
  • implement the goals and objectives of the Strategic Reuse Master Plan for Medfield State Hospital;
  • promote the public health, safety, and welfare by encouraging diversity of housing opportunities;
  • increase the availability of affordable housing by creating a range of housing choices for households of all incomes, ages, and sizes, and meet the existing and anticipated housing needs of the Town, as identified in the Medfield Housing Production Plan (2016);
  • ensure high quality site reuse and redevelopment planning, architecture and landscape design that enhance the distinct visual character and identity of the Medfield State Hospital area and provide a safe environment with appropriate amenities;
  • encourage preservation and rehabilitation of historic buildings;
  • encourage the adoption of energy and water-efficient practices and sustainability;
  • establish design principles and guidelines and ensure predictable, fair and cost-effective development review and permitting.

Full text of the proposal is on file with the Town Clerk and the Planning Department and may be inspected during regular business hours, as well as on the Town’s website at www.town.medfield.net. All interested persons should attend the public hearing.

Item 2: Article ## To see if the Town of Medfield will vote to create a new zoning district consisting of the following parcels as shown on the map titled “Proposed Medfield State Hospital District (MSHD)” dated 08/17/18 which is on file with the Town Clerk and Planning Department (71-001/Core Campus, 71-020/Laundry Parcel, 71-017/Water Tower, 63-004/Sledding Hill) for the purpose of creating a new zoning map district that enables the uses, dimensional requirements, permitting processes etc. of the proposed Medfield State Hospital District all as set forth in the document entitled “Notice of Planning Board Hearing Relative to Proposed Zoning By-Law Amendments Pursuant to M.G.L c. 40A, § 5 Scheduled for October 3, 2019” on file in the office of the Town Clerk. Full text of the proposals is on file with the Town Clerk and the Planning Department and may be inspected during regular business hours, as well as on the Town’s website at www.town.medfield.net. All interested persons should attend the public hearing.

SARAH T. LEMKE, CHAIR

MEDFIELD PLANNING BOARD

MEDFIELD PRESS

  • September 13, 2019
  • September 20, 2019

 

 

Sarah Raposa, AICP

Town Planner

Safe Harbor claimed for Rosebay

The Zoning Board of Appeals of the Town of Medfield notified the Rosebay applicant at the initial August 15 hearing last Thursday that the Town of Medfield was claiming its safe harbor rights, but that the ZBA would still proceed with the hearing to see if the applicant and the ZBA could get to an acceptable compromise on the project that the ZBA can support.

Below is the town’s special counsel’s notice to the Rosebay developer.

BLATMAN, BOBROWSKI & HAVERTY, LLC ------ATTORNEYS AT LAW------ PAUL}. HAVERTY Paul@bbhlaw.net HAND DELIVERED Brian J. McMillin, Manager Newgate Housing LLC 61 Blueberry Lane Westwood, MA 02052 9 DAMONMILL SQUARE, SUITE 4A4 CONCORD, MA 01742 PHONE 978.371.2226 FAX 978.371.2296 August 15,2019 RE: The Rosebay At Medfield - Pound Street, Medfield, MA Notice of Safe Harbor Pursuant to 760 CMR 56.03(8) Dear Mr. McMillin: Please accept this correspondence as formal notification on behalf of the Medfield Zoning Board of Appeals (the "Board"), pursuant to 760 CMR 56.03(8), that the Board has determined that the "Housing Production Plan" Safe Harbor, pursuant to 760 CMR 56.03(4), is applicable to the comprehensive permit application filed by you on July 19, 2019. The Board timely-opened its public hearing on August 15, 2019. Pursuant to 760 CMR 56.05, the Board has fifteen (15) days from this hearing to provide you written notice of any Safe Harbor claims it may have pursuant to 760 CMR 56.03(3) through (7). Please accept this correspondence as written notification that the Town of Medfield has the benefit ofthe Housing Production Plan Safe Harbor pursuant to 760 CMR 56.03(4). Pursuant to a letter of certification issued by the Department of Housing and Community Development ("DHCD") dated June 10, 2019, the Town has a one-year Safe Harbor which commenced on May 10,2019 and which runs through May 9, 2020. A copy ofthe DHCD certification letter is attached hereto as Exhibit 1. While the Board has determined that the Housing Production Plan Safe Harbor is applicable, the provision of such notice does not constitute a determination on the merits of the Project. This notice is provided to protect the Town's rights with regard to the Housing Production Plan Safe Harbor, which would be lost if notice was not provided within the fifteen (15) day period proscribed by the Regulations. The Board remains open-minded about the development that has been proposed, and intends to conduct a thorough review to determine whether legitimate issues of local concern may be adequately addressed through changes to the project design. If you have any questions regarding this correspondence, please feel free to contact me. Cc: Phil DeMartino, DHCD Sarah Raposa, Town Plmmer 2 Commonwealth of Massachusetts DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT Charles D. Baker, Governor + Karyn E. Polito, Lt. Governor + Janelle L. Chan, Undersecretary June 10,2019 Mr. Gustave Murby, Chairman Medfield Board of Selectman Town House/ 459 Main Street Medfield, MA 02052 Housing Production Plan- Certification Approved Dear Mr. Murby: The Department of Housing and Community Development (DHCD) certifies that the Town of Medfield is in compliance with its Housing Production Plan. This certification is effective for a one year period beginning on May 10,2019 to May 9, 2020. This Certification of Municipal Compliance is based on the following findings: 1. Medfield has provided evidence that the required number of units described in its request is eligible to be counted towards certification. 2. The 27 Subsidized Housing Inventory (SHJ) eligible units in this project (Medfield Meadows SHl ID # 10290 meet the number (21) necessary to satisfy a one year certification threshold~ 3. The housing development is consistent with the production goals outlined in Medfield Housing Production Plan. Please note that all units must retain eligibility for the SHJ for the entire certification period. If units are no longer eligible for inclusion on the SHI, they will be removed and will no longer be eligible for certification. This action may affect the term of your certification. I have included an updated list of SHI eligible units. Medfield's current SHI stands at 8.29%. If you have any questions or need assistance, please contact Phillip DeMartino, Technical Assistance Coordinator, at (617) 573-1357 or Phiilip.DeMartino@state.ma.us. Associate Director, DHCD cc Senator Paul Feeney Representative Shawn Dooley Representative Denise C. Garlick Sarah Raposa, Town Planner, Medfield Michael J. Sullivan, Town Administrator, Medfield John J. McNicholas, Acting Chair, Zoning Board of Appeal 100 Cambridge Street, Suite 300 Boston, Massachusetts 02114 www.mass.gov/dhcd 617.573.1100 Medfield DHCD ID# 1890 1891 1892 1893 4360 9953 10062 10063 10221 10222 10290 6/10/2019 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CH408 SUBSIDIZED HOUSING INVENTORY Bulltw/ Total SHI Affordability Comp. Subsidizing Project Name Address Type Units Expires Permit? Agency Tilden Village 30 Pound Street Rental 60 Perp Yes DHCD Allendale Dale Street Ownership 17 Perp YES DHCD DHCD The Village at Medfield Turtle Brook Way Ownership 6 Perp YES DHCD DHCD ~~------- Wilkins Glen Wilkins Glen Road Rental 103 2042 YES MassHousing DHCD DDS Group Homes Confidential Rental 5 N/A No DDS The Pare at Medfield One Gateway Drive Rental 92 Perp YES DHCD Country Estates 21, 25, & 29 Hospital Rd Ownership 8 Perp YES MassHousing Cushman House aka Cushing 67 North Street Rental 8 Perp YES DHCD House 71 North Street 71 North Street Rental 8 Perp YES DHCD Hillside Village 80 North Meaovvs Road Rental 16 Perp YES DHCD Medfield Meadovvs 41 Dale St Mix 27 Perp DHCD Medfield Totals 350 Census 2010 Year Round Housing Units Percent Subsidized 4,220 8.29% Medfield Page 1 of 1 This data is derived from information provided to the Department of Housing and Community Development (DHCD) by Individual communities and is subject to change as new information is obtained and use restrictions expire.20190815-BBH-Safe Harbor Notification 08-15-19_Page_220190815-BBH-Safe Harbor Notification 08-15-19_Page_320190815-BBH-Safe Harbor Notification 08-15-19_Page_4

 

Rosebay filed with ZBA

Rosebay-comphensive permit appl

See the full comprehensive permit application the town website, via this link.

The Select Board will need to decide soon whether to invoke our safe harbor where the developer, Brian McMillin, has refused, to date, to reduce the mass and bulk of the proposed development.  We need to claim that safe harbor at the outset of the ZBA process, if we want to claim it at all.  I understand that Brian McMillin wants to deal with any such such size and bulk changes within the context of the comprehensive permit application process.  I expect that to be an agenda topic at our July 30 meeting.

DHCD approves Rosebay

Rosebay

DHCD approves Rosebay

For me, the most notable item in the materials for the Tuesday meeting I just reviewed was to see that the state Department of Housing and Community Development (DHCD) had approved the Rosebay project as being appropriate for its site.

The town has asked the Rosebay developer to negotiate the size and mass of the proposal before he files for a comprehensive permit with Zoning Board of Appeals, so that a more acceptable project can proceed as a Local Initiative Project (LIP), supported by the Town of Medfield.  The town remains in a strong position, as we are in a 40B safe harbor, so hopefully the changes sought can be quickly achieved.  If the Rosebay does not proceed as a LIP, the ZBA can safely merely turn it down.

Rosebay follow up #2

Rosebay

EMAIL EXCHANGE THIS AFTERNOON BETWEEN TOWN PLANNER AND NEIGHBOR:

Email from neighbor =  “Our main concern is the scale of the project is massive in relation to the neighborhood.”

 

Sarah Raposa email back = The Planning Board will be requesting that the ZBA include architectural and design review as part of the the ZBA’s technical review process in order to find ways to reduce the height and bulk of the building.

Sarah

Sarah Raposa, AICP

Town Planner
459 Main Street
Medfield, MA  02052
(508) 906-3027
sraposa@medfield.net

www.town.medfield.net

 

 

Better Rosebay update

Rosebay

Always best to get your information from the people who really know things.  This is the response email from Sarah Raposa to the abutting neighbors providing the straight story.

==================================================

Pete did a good job of summarizing the process and addressing your concerns. I think that some of the aspects of the failed Senior Housing Overlay District Bylaw may have trickled into your thinking on Points 4 & 5. The Rosebay units are indeed proposed to be perpetually affordable to seniors who income qualify (Point 4) and the Town will likely exercise its right to request 70% local preference (Point 5). The local preference step is done after a comprehensive permit is issued. We have done this for all of the 40B thus far.  Affordability and local preference were issues that came up at special town meeting that we could not control through the zoning but are part of the 40B process.

Please let me know if you have additional questions or concerns.

Best,

Sarah

Sarah Raposa, AICP

Town Planner
459 Main Street
Medfield, MA  02052
(508) 906-3027
sraposa@medfield.net

www.town.medfield.net

 

Proposed Zoning Amendments for ATM 2019

Emailed from Sarah Raposa, Town Planner, today about upcoming hearings on possible annual town meeting (ATM) zoning changes – 20181030-SR-mlu-form7pbn – HEARING NOTICE – ATM 19 – 12-03-18 w Maps

=========================================================

Administration

Board of Selectmen

Warrant Committee (bcc)

Building Commissioner (cc)

Town Counsel

Planning Board (bcc)

 

RE: Proposed Zoning Amendments for ATM 2019

  • Proposed “Upper Spring Street Overlay District” (series of 4 articles) – proposes to revert this area to pre-2017 zoning for a portion of Spring Street / Rt 27 where increased density may actually be appropriate (with added review criteria). The Planning Board heard some opposition to the density reduction in 2017 from a group of residents in this neighborhood and agreed that while they did have a uniqueness to their area, it was too late to try to pull their neighborhood from the RU district in the months leading up to ATM 2017. The Planning Board pledged to revisit the topic after town meeting (and has since discussed informally at public meetings amongst themselves and the neighbors). The Planning Board thinks this overlay district provides the options that the neighbors were after without creating a burdensome zoning amendment. There are some advantages to having at least one by-right multi-family zoning district and is worth the broader discussion.
  • Rezone the West Street / Peter Kristof Way area from Residential Suburban (RS, 20k sf single family house lots) to Business Industrial (commercial) which will make the area more compatible with surrounding land uses.
  • Update the Use Table with proper citations (provides consistency in the terminology used within the Medfield Zoning Bylaw which should have been updated in 2014 with the codification process; “housekeeping”)

Hard copies of the proposals are in your mailboxes and a pdf version is attached as well as on the Planning Board’s webpage.

 

There will likely be one more proposal but it hasn’t been advertised yet. Its an update of the ZBA’s special permit criteria (to match the PB’s SP criteria adopted in 2017). Mark Cerel provided the draft amendment last week and the PB and ZBA are holding a joint meeting next week to review.

Best,

Sarah

Sarah Raposa, AICP

Town Planner

 

^/ MARTHA COAKLEY ATTORNEY GENERAL THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL CENTRAL MASSACHUSETTS DlVISION 10 MECHANIC STREET, SUITE 301 WORCESTER,MA01608 (508)792-7600 (508)795-1991 fax www.mass.eov/aeo Notice ofPlanning Board Hearing Relative to Proposed Zoning By-Law Amendments Pursuant to M.G.L. c. 40A, §5 —i The Planning Board ofthe Town ofMEDFIELD will hold a public hearing to discuss proposed ameg^mefits to the town's zoning by-laws. The public hearing will be held as follows: ,0 co Place: Date: Time: Town Hall. 2nd Floor, Chenerv Room "-io-n o-n m ^—)^3rT-. t'T? "-l^. r»ir-ft -5cr 3 3> t20181030-SR-mlu-form7pbn - HEARING NOTICE - ATM 19 - 12-03-18 w Maps_Page_220181030-SR-mlu-form7pbn - HEARING NOTICE - ATM 19 - 12-03-18 w Maps_Page_320181030-SR-mlu-form7pbn - HEARING NOTICE - ATM 19 - 12-03-18 w Maps_Page_420181030-SR-mlu-form7pbn - HEARING NOTICE - ATM 19 - 12-03-18 w Maps_Page_520181030-SR-mlu-form7pbn - HEARING NOTICE - ATM 19 - 12-03-18 w Maps_Page_620181030-SR-mlu-form7pbn - HEARING NOTICE - ATM 19 - 12-03-18 w Maps_Page_720181030-SR-mlu-form7pbn - HEARING NOTICE - ATM 19 - 12-03-18 w Maps_Page_820181030-SR-mlu-form7pbn - HEARING NOTICE - ATM 19 - 12-03-18 w Maps_Page_9