At the request of affected property owners, the Planning Board is sponsoring an article that would allow, by special permit only, limited business uses in two properties (36 and 32-34 North Main Street - see map) with certain conditions. Among the conditions are that at least one residence must be maintained on the property and very limited building alterations will be allowed. The regulations of the Sherborn Historic District Commission will be used as a guide, though not strictly applied. The only business uses allowed would be professional offices, design studios and retail sales of art, handcrafted merchandise or antiques.
Some have argued that it would not be fair to allow something for these residential properties that is not allowed for others in the Residence districts. There is a big difference. These two properties are unique in that they are the ONLY residential properties on North Main Street whose frontage is directly across the street from the Business General district. One principle of zoning is that a street should be a spine and not a border between 2 zoning districts.
It has also been suggested that current zoning already allows offices in these properties with a special permit from the Board of Appeals. That is true except the current opportunity is very limited. First, under current rules, ZBA can only grant a special permit for a professional use if the professional lives on the premises. However, there is more to it than that. It is a very limited use under the current rules. For example:
(1) The professional use must be "clearly incidental and secondary to the use of the premises for residential purposes." Article 9 would not have this requirement. Using an entire first floor for professional use would clearly not be incidental and secondary.
(2) Only 1 person other than a resident can be employed, and no more than 1 member of the public may be served at a time under current rules, unless the ZBA grants permission for more. Article 9 would not have this restriction. It is likely that there would be more than a single employee and more than a single member of the public served at a time if an entire first floor were used for professional purposes.
(3) There could be no retail sales under current rules. Article 9 would allow limited retail sales of handcrafted merchandise, art works or antiques.
As stated above, these properties are unique due to their location. They are also historic buildings. There are currently no protections in place to preserve these buildings. This bylaw adds some protection by both providing economically viable uses and by requiring that the any adaptive use project "shall include restoration, renovation or improvement of the primary existing building(s) to maintain, restore or enhance the building's original integrity."
Some have argued that it would not be fair to allow something for these residential properties that is not allowed for others in the Residence districts. There is a big difference. These two properties are unique in that they are the ONLY residential properties on North Main Street whose frontage is directly across the street from the Business General district. One principle of zoning is that a street should be a spine and not a border between 2 zoning districts.
It has also been suggested that current zoning already allows offices in these properties with a special permit from the Board of Appeals. That is true except the current opportunity is very limited. First, under current rules, ZBA can only grant a special permit for a professional use if the professional lives on the premises. However, there is more to it than that. It is a very limited use under the current rules. For example:
(1) The professional use must be "clearly incidental and secondary to the use of the premises for residential purposes." Article 9 would not have this requirement. Using an entire first floor for professional use would clearly not be incidental and secondary.
(2) Only 1 person other than a resident can be employed, and no more than 1 member of the public may be served at a time under current rules, unless the ZBA grants permission for more. Article 9 would not have this restriction. It is likely that there would be more than a single employee and more than a single member of the public served at a time if an entire first floor were used for professional purposes.
(3) There could be no retail sales under current rules. Article 9 would allow limited retail sales of handcrafted merchandise, art works or antiques.
As stated above, these properties are unique due to their location. They are also historic buildings. There are currently no protections in place to preserve these buildings. This bylaw adds some protection by both providing economically viable uses and by requiring that the any adaptive use project "shall include restoration, renovation or improvement of the primary existing building(s) to maintain, restore or enhance the building's original integrity."
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