Category Archives: Zoning

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.

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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

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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

Status of Rosebay

Rosebay

Town Status on the Rosebay Project

I have been asked enough about the status of the Rosebay project that I thought I would share what I know.  Rosebay is the private development proposal for 45 units of senior affordable housing on Medfield Housing Authority land that is directly adjacent to Tilden Village on Pound Street.  Rosebay would be all seniors, all rental, and all affordable.  The developer is Brian McMillin of NewGate Housing LLC of Westwood, who was selected by the Medfield Housing Authority.  Brian McMillin previously worked for Gatehouse, at the time Gatehouse built The Parc in Medfield.

In general, the Board of Selectmen have been pushing to have more affordable housing, especially for seniors, so conceptually I support the Rosebay project.

The town’s active and effective Affordable Housing Trust has been meeting with the Rosebay developer and I understand that the Affordable Housing Trust has been advancing the Rosebay project as part of the town’s solution to our affordable housing needs.  I also believe that the Affordable Housing Trust even provided some monies for fees to that developer to advance the project.

The Town of Medfield is in a good spot at the moment with respect to unfriendly 40B proposals because we are currently in a safe harbor, meaning that:

  1. we have a Housing Production Plan that the Department of Housing and Community Development (DHCD) has accepted, and
  2. we are currently building 21 SHI units per year.

I believe that we have about another year and a half of safe harbor remaining, but we also have several irons in the fire that could extend that time frame.

So as long as we remain in that safe harbor, the Zoning Board of Appeals of the Town of Medfield can turn down any 40B that it does not like on the basis that we are in that safe harbor, and the developer cannot end run the town by appealing for state approval to the Housing Appeals Committee (HAC) at the DHCD for an approval.  The HAC routinely approves any developer’s 40B developments turned down by towns, but the HAC will not overturn a ZBA denial based on our being in a safe harbor, while we continue to be in that safe harbor.

The Board of Selectmen will soon send a letter to Department of Housing and Community Development opining about the suitability of the Rosebay project in general, and we would welcome citizen input as part of our formulation of that letter.

The project is not looking to be a Local Initiative Project (LIP), which is a town endorsed 40B.  The need for that town endorsement of a LIP gives the Board of Selectmen a high level of control over any LIP.  The Board of Selectmen therefore does not have that same high level of input and control over Rosebay that we would have if it were a LIP.

In this instance the Zoning Board of Appeals will be the main town entity that will deal with the nuts and bolts issues of the Rosebay project, and that will seek to ameliorate the proposed project and its impacts on both the neighbors and the town.  The ZBA has even greater than usual control over the Rosebay proposal, because of the fact that we are in a 40B safe harbor, and any ZBA denial should be supported by the HAC.

I am trusting the Zoning Board of Appeals to see that the details are worked out as well as they can be so as to minimize the impacts and effects of the project on the neighbors.

ZBA seeks members

From Colleen Sullivan, Patch Mayor of Medfield Patch –

This post was contributed by a community member.
Medfield ZBA Vacancy - Seeking Letters of Interest ...

The following submitted by Sarah Raposa, Medfield Town Planner.

Medfield Zoning Board of Appeals Vacancy

The Town of Medfield Zoning Board of Appeals (ZBA) is seeking to fill a vacant Associate Member position. Anyone who may be interested should submit a letter of interest to Evelyn Clark at eclarke@medfield.net in
the Board of Selectmen’s office by August 9, 2018. For questions regarding the ZBA or this specific position please contact Sarah Raposa, Town Planner at sraposa@medfield.net.

The Zoning Board of Appeals is an appointed board and acts as a quasi-judicial body deciding whether or not to vary from the Zoning By-Laws. The Zoning Board is empowered to act on appeals, special permits, variances, modifications and comprehensive permits, in accordance with applicable sections of Massachusetts General Laws and the Town of Medfield Zoning By-Laws.Virtually all matters which come before the Board are initiated by residents or businesses seeking relief from the Zoning By-Law. Each application is
processed in accordance with the legal requirements and timetables established under the Massachusetts Zoning Act, the ZBA Rules and Regulations and the Medfield Zoning By-Laws.

The Zoning Board of Appeals holds public hearings on applications for zoning variances, special permits and decides appeals of administrative decisions of the Building Commissioner. Hearings are generally held on
the second Wednesday of the month at 7:30 pm in the Chenery Room in Town Hall, 459 Main Street.

Letters should describe your interest in the ZBA as well as any professional experience or other qualifications that will complement the Board. Additionally, please contemplate the following in your letter of interest: Land use boards such as the ZBA do not always have the kind of discretion to approve or deny a specific project that residents often think they have. It is important to recognize and avoid any conflict of interest; not to pursue special privileges, and maintain confidentiality. Are you prepared for being thought of as a villain by some and a hero by others?

ZBA says no to LCB

LCB

The Zoning Board of Appeals of the Town of Medfield voted to deny a special permit to the proposed LCB assisted living facility on Main Street, whose application has been pending for two and a half years.  The entire decision is available here 20180621-ZBA.LCBdecision), and the essential excerpts appear below.

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TOWN OF MEDFIELD
Office of the Board of Appeals on Zoning

NOTICE OF DECISION

APPLICANT: LCB Senior Living
DECISION DATE: June 21, 2018
DATE OF FILING DECISION: June 27,2018
DECISION NUMBER: 1339

  • While the Applicant has provided sufficient evidence to warrant a number of positive findings, the Board has concluded that it cannot make one of the key findings. Section 14.1 O.E(3) requires that we determine that the proposed use is architecturally and aesthetically consistent with other structures in the neighborhood.
  • Section 14.10.E(l) requires that we determine that the proposed use will not result in a public hazard due to substantially increased vehicular traffic or parking in the neighborhood. While the proposed project would provide 51 parking spaces, we are concerned that that level of parking may not be adequate. . . Section 14.10.E(l) requires that we determine that the proposed use will not result in a public hazard due to substantially increased vehicular traffic or parking in the neighborhood. While the proposed project would provide 51 parking spaces, we are concerned that that level of parking may not be adequate.
  • Section 14.1 O.E(2) requires that we determine that the proposed use will have no adverse effect upon property values in the neighborhood. . . we do not believe that we can make the required finding that the proposed use will have no adverse effect on property values in the neighborhood.

 

ZBA vacancy

 

Medfield Zoning Board of Appeals Vacancy

The Town of Medfield Zoning Board of Appeals (ZBA) is seeking to fill a vacant Associate Member position.  Anyone who may be interested should submit a letter of interest to Evelyn Clark at eclarke@medfield.net in the Board of Selectmen’s office by August 9, 2018. For questions regarding the ZBA or this specific position please contact Sarah Raposa, Town Planner at sraposa@medfield.net.

The Zoning Board of Appeals is an appointed board and acts as a quasi-judicial body deciding whether or not to vary from the Zoning By-Laws. The Zoning Board is empowered to act on appeals, special permits, variances, modifications and comprehensive permits, in accordance with applicable sections of Massachusetts General Laws and the Town of Medfield Zoning By-Laws.

Virtually all matters which come before the Board are initiated by residents or businesses seeking relief from the Zoning By-Law. Each application is processed in accordance with the legal requirements and timetables established under the Massachusetts Zoning Act, the ZBA Rules and Regulations and the Medfield Zoning By-Laws.

The Zoning Board of Appeals holds public hearings on applications for zoning variances, special permits and decides appeals of administrative decisions of the Building Commissioner. Hearings are generally held on the second Wednesday of the month at 7:30 pm in the Chenery Room in Town Hall, 459 Main Street.

Letters should describe your interest in the ZBA as well as any professional experience or other qualifications that will complement the Board. Additionally, please contemplate the following in your letter of interest: Land use boards such as the ZBA do not always have the kind of discretion to approve or deny a specific project that residents often think they have. It is important to recognize and avoid any conflict of interest; not to pursue special privileges, and maintain confidentiality. Are you prepared for being thought of as a villain by some and a hero by others?