Category Archives: Zoning

MSH zoning passes at STM

651 Yes, 295 NO

68.8% Yes

The vote at the special town meeting last night to change the zoning at the Medfield State Hospital had to pass by a two-thirds vote (i.e. 66.67%), and it got 68.8%, meaning that it both passed by the slimmest of margins and that it was also preferred by a landslide majority of residents in attendance.

Next steps will be for the Development Committee to:

  • vet requests for qualifications from developers,
  • draft a request for proposals (RFP), and
  • then solicit requests for actual development proposals.

Those proposals will then tell the town what the real world market actually thinks.

The selectmen will select from among the proposals.  The town, as the property owner, can write into the land disposition agreement with the developer, whatever assurances the town feels are needed to safeguard both the property and the town’s long term interests in the property.

Ultimately, the chosen proposal and the land disposition agreement will be submitted to the residents at a town meeting for their approval, which vote will again require a two-thirds vote to proceed.  The town residents are thereby assured full control over any development that will occur.

The attendance at the STM last night was large enough that the cafeteria was employed as an overflow space, and the cafeteria was reportedly full as well.

The following was part of the official report published by Town Clerk Carol Mayer:

***********************************************************

VOTED: To amend the code of the Town of Medfield Chapter 300 Zoning by adding a new Article 300-20, Medfield State Hospital District as printed in the warrant and further to amend the official zoning map as printed in the Warrant except in Section 2. Definitions. “MSHD Map” substitute 89 acres for 135 acres, Section 3A. Establishment of Medfield State Hospital District substitute 89 acres for 135 acres and Section 3B. Sub-Zones substitute six Sub-Zones for eight Sub-Zones. MOTION PASSED BY 2/3 VOTE YES-651, NO- 295 (11/18/2019)

And you are directed to serve the Warrant by posted an attested copy thereof, in the usual places for posting warrants in said Medfield, fourteen days at least before the time of holding said Special Town Meeting.

Hereof fail not and make due return of this Warrant with your doings thereon, unto the Town Clerk at the time and place of the Special Town Meeting aforesaid. Given unto our hands this thirty first day of October, Two-Thousand and Nineteen.

Gustave H. Murby /s/
Osler L. Peterson /s/
Michael T. Marcucci /s/
BOARD OF SELECTMEN

By virtue of this Warrant, I have notified and warned the inhabitants of the Town of Medfield, qualified to vote in elections and at town meetings, by posting attested copies of the same at five public places fourteen days before the date of the Special Town Meeting as within directed.

Constable: Robert Flaherty /s/
Date: October 31, 2019

A TRUE COPY ATTEST:
Carol A. Mayer, CMMC /s/
Town Clerk

Forum on MSH zoning – tonight at 7PM

MSH-night-1

TONIGHT!
October 7, 2019 — Open Public Forum to present and discuss the Zoning Amendment.

Held at the Medfield High School auditorium starting at 7 PM.

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