Thursday, September 24, 2020

DO I NEED A PERMIT FOR THAT?

This is just a reminder that sometimes we may be uncertain as to what types of work on our property require a permit. In order to assist residents in determining whether a permit or other type of approval is needed, the Town web site has a document called "Permitting Procedures Manual." It can be found on the Planning Board page of the Town web site. On the left side of that page is a link called "Do I need a permit for that?" It is at the top of a list of links.

This document includes a brief (1-page each) description of the responsibilities of most of the permit granting boards, commissions and departments of the Town. It also includes a chart at the back that lists what types of permits are needed for which projects and identifies the entity that issues those permits. Finally, there is a flow chart that illustrates the process for building a new house or addition. 

As always, it is important to contact Town Hall prior to starting a project and you will be provided guidance as to what, if anything, is needed in terms of approvals. 

Thursday, September 3, 2020

MEADOWBROOK ACRES?

 In case you have seen a subdivision called Meadowbrook Acres on the Planning Board, Board of Health or Conservation Commission agenda, you may be wondering what it is about. This is especially true if you have seen the plans. This "subdivision" proposes a short cul-de-sac off Coolidge Street at 84 Coolidge and then it divides the parcels that comprise the sites of the proposed Meadowbrook Commons 67-unit age-restricted project and the proposed Coolidge Crossing 40B 120-unit  apartment project into 2 lots. 

Those other projects have not been abandoned. Under Massachusetts zoning law (Chapter 40A, Section 6), if someone submits a preliminary subdivision plan to the Planning Board followed by a definitive subdivision plan within 7 months,  "the land shown on such plan shall be governed by the applicable provisions of the zoning ordinance or by-law, if any, in effect at the time of the first such submission while such plan or plans are being processed under the subdivision control law, and, if such definitive plan or an amendment thereof is finally approved, for eight years from the date of the endorsement of such approval."

So, the purpose of the plan is to freeze the zoning, not to construct the subdivision. A Preliminary Development Plan (not to be confused with a preliminary subdivision plan) was approved by Town Meeting in 2017. That plan called for 67 units of age-restricted (over 55) housing of which 7 (10% of the total) must be affordable. On August 15, 2020, Town Meeting approved an affordable housing bylaw that requires new developments to provide 15% of total units as affordable.By submitting the preliminary subdivision plan prior to August 15, that land remains governed by the zoning and subdivision rules in effect at the time it was submitted. Interestingly, it is the LAND for which the rules get frozen, not the SUBDIVISION PLAN that was submitted.

Monday, May 11, 2020

LOGIN INFORMATION FOR PLANNING BOARD ZOOM WEBINARS

As posted previously, the Planning Board has produced two webinars to explain two warrant articles. Both webinars are available now on the Town website (as well as the previous post) and can be viewed any time. Both will also be shown as part of Planning Board meetings which will allow live feedback to the Board.

The webinar pertaining to the Open Space Subdivision article will be presented on May 19, 2020 at 7:00 PM. The Zoom login link is:

Join Zoom Meeting
https://zoom.us/j/99496373759

The webinar regarding the Affordable Housing article and the Housing Trust article will be presented on May 26 at 7:00 PM. The login link for that one is:

Join Zoom Meeting
https://zoom.us/j/99773302415

The Planning Board appreciates any feedback you are able to provide following each of these webinars. 

Friday, May 8, 2020

WEBINARS AVAILABLE ABOUT PLANNING BOARD ZONING ARTICLES

As you likely know, Sherborn Town Meeting has been postponed until August 25 (and may be postponed again) and only for financial articles and one other one. Most articles will be considered some time in the Fall. The Planning Board has two significant zoning articles this year that could have significant consequences so it is important to provide as much information about them as possible.

One of the two articles will establish a provision for development of new subdivisions in a manner that conserves 60% of the parcel, including the most valuable natural resources, while allowing denser development on the remaining 40%. A major change from the current zoning bylaw is that this type of development will be allowed by right while a conventional subdivision, that consumes the entire parcel, will require a special permit. A 16-minute video is available to help explain the provisions of the article at the following link: Webinar on Open Space Subdivision Article. This video will be presented live on Zoom at the Planning Board meeting of May 19 at 7:00 PM. There will be an opportunity for questions or comments following the presentation. Login information will be provided on this blog and on the Town website at a later date. 

The second article will establish a requirement that all developments of 2 or more housing units or lots contribute to the Town's stock of affordable housing. It does that by requiring that affordable housing units be included in the project, be provided at an off-site location, or a cash contribution be made to the Town's Affordable Housing Trust. A companion article to the affordable housing article, co-sponsored by the Planning Board and the Housing Partnership, establishes and clarifies some procedures to be followed by the Affordable Housing Trust that was created at the 2019 Annual Town Meeting. In order to help explain these related articles, the Planning Board and Housing Partnership produced an 11-minute video that is available at the following link:  Webinar On Affordable Housing Article.

The Planning Board will run this webinar live on Zoom on May 26 at 7:00 PM. Again the Board will  be available to answer questions live following the presentation. Login information will be provided here (and other venues) at a later date.

You are always welcome to provide comments or ask questions here, or by emailing planning@sherbornma.org. 


Monday, March 23, 2020

SOME FACTS REGARDING 40B DEVELOPMENT - CURRENT PROPOSED 40B PROJECTS IN SHERBORN


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In addition to the three under construction, there are currently three other 40B projects pending in Sherborn. There is also a 4th project that is not a 40B but is closely related to one of the 40B’s. In fact, the total of 4 projects should really be discussed as two pairs of projects since two of the 40B’s are also closely related.

The Pines Residences/Apple Hill Estates
The first pair of projects to be discussed are the pair of 40B’s. They are called the Pines Residences and Apple Hill Estates. They are located at 41 North Main Street and 31 Hunting Lane respectively. The Pines Residences is a 60-unit apartment building with 15 affordable units (again, all 60 units would count toward the Town’s SHI percentage). It is proposed as a mostly 3-story building but with a partial 4th story. Apple Hill Estates is proposed to add 27 units to the existing single-family home on a 17-acre parcel. It should be noted that Town Boards have unanimously opposed these projects.

The Pines Residences and Apple Hill Estates are separate projects on abutting sites and under the same ownership (Barsky Estate Realty Trust). One is a rental and one is a homeownership project. They are further linked through a shared water supply and a shared wastewater treatment plant. The site is bisected by the MBTA railroad tracks (which provide only freight service).

The projects do not technically abut because, in addition to the railroad tracks, there are two other parcels of land between them under the same ownership. However, one of these parcels is the site of the proposed wells that would be the water supply for the projects. The other parcel would not be part of the development except that the water lines from the wells would pass through it to serve Apple Hill Estates.Sewer lines from The Pines Residences would also cross this parcel.

As noted above, Apple Hill Estates would consist of 27 additional units bringing the total to 28 since there is an existing single-family home on the parcel. There would be 12 duplex buildings (24 units) plus a triplex. Seven of the units would be required to be affordable. The road serving the development would extend from Hunting Lane then loop back on itself. A wastewater treatment plant would be located along the road and the leaching field would be located at the far end of the parcel. The site plan can be viewed here:

The Pines Residences consists of 60 apartments in a  single 3 to 4-story single building. The building would be set back 60 feet from both North Main Street and Hunting Lane except for a 45-foot setback at one corner where Hunting Land bends to the south. The primary access would be off North Main Street where there is an existing small curb cut serving the existing cottage on the property. An emergency-only access from Hunting Lane is also proposed. The parking is mostly to the rear of the building with a few spaces on the side.

The project site now includes the parcel that extends to Powderhouse Lane, though neither vehicular nor pedestrian access is proposed to connect with Powderhouse Lane. It should also be noted that the historic Whitney-Paul Tavern is on a separate parcel, and is not a part of this project.

STATUS: These projects are both awaiting a determination by MassHousing as to whether it warrants a Project Eligibility Letter

Meadowbrook Commons/Coolidge Crossing
These projects have been in the works for a few years. They originally started out as two adjacent 40B projects. In a manner somewhat similar to the Pines Residences and Apple Hill Estates, one was ownership and one was a rental. They were each about 88 units, and they would share a water supply and a wastewater treatment facility. The original developer was Trask Development. Upon Town negotiation, Trask agreed to instead propose an age-restricted development under the EA (Elderly -Affordable) multi-family development provision on one of the sites and reduce its unit count to 67.

Trask then prepared a Preliminary Development Plan (PDP) for 67 age-restricted units of which 60 would be market rate and 7 (10%) would be affordable. A special Town Meeting was held on December 5, 2017 to approve the PDP and change the zoning of the parcel to EA. In one of the largest attendances at Town Meeting in years, the project was overwhelmingly approved with 86% in favor.

The approval was due, in large part, to the understanding that the adjacent 40B apartment project would share infrastructure and be developed at the same time, which would provide 88 units to the Subsidized Housing Inventory and bring Sherborn close to or above 10% (depending on the timetable of the other 40B projects under construction). With a 10% target of 148 units, the 93 total units provided by these two projects along with the 34 existing and 23 under construction would bring the total to 150. At a minimum, it would provide two years of safe harbor.

One downside of the projects was that the apartment building would be a huge 3 to 4 story L-shaped structure far out of scale with Sherborn’s character. In reviewing the application for its 40B Project Eligibility Letter, Mass Housing Partnership recognized this inconsistency and asked the developer to consider design changes to soften the aesthetic impact on the town. While the developer agreed to consider this, several months passed with little to no communication from the developer.

Finally, the Town was contacted by representatives of Pulte Homes of New England. They indicated that they would likely be taking over the project, but that they only developed ownership projects, not rentals. They stated that they would try to find another developer to assume responsibility for the rental project. The Town emphasized to Pulte that the apartment building was a key component of the project, and later an apartment developer was identified by Pulte.

As Pulte considered the projects, some changes were made. The affordable units in Meadowbrook Commons were scattered throughout the project in accordance with DHCD requirements. More importantly, negotiations were initiated with the City of Framingham to supply water to both projects, and with the Town of Natick to provide sewer service. This would mean that the onsite wastewater treatment plant and the wells would be eliminated, providing a little more flexibility on the design of the building and site.

Another major benefit of the water being supplied by Framingham is that it would eliminate additional stress on the existing wells in the neighborhood. It would also avoid any impact on the plume of contamination from the General Chemical site in Framingham that could potentially be drawn toward Sherborn if there was a major water withdrawal as a result of the projects. In September 2019 the Sherborn Select Board agreed to allow soli borings along Kendall Avenue and Coolidge Street to help determine whether installing a water line along that route would be financially feasible.

No agreements have yet been made on the water and sewer services from abutting communities. Intermunicipal Agreements would need to be approved before any such service could be available. In any case, the concept at this point is that none of the municipalities would own the infrastructure for that service. It would be owned and maintained by the condominium association of Meadowbrook Commons and the management of Coolidge Crossing.

STATUS: The projects are proceeding together though they have different permitting tracks. Meadowbrook Commons needs to apply to the Planning Board for a special permit while Coolidge Crossing needs to apply for a 40B Project Eligibility Letter (PEL) from DHCD. The Coolidge Crossing developers would like to develop it as a Local Initiative Project (LIP), or friendly 40B, which means they would need a vote of support from the Select Board prior to applying to DHCD. Both developers are currently scheduled to appear before the Select Board on April 9 to provide more details on the projects and to discuss the LIP. Assuming a PEL is issued, Coolidge Crossing would then need to apply to the ZBA for a comprehensive permit.

Epilogue: I have received inquiries about potential 40B projects for other parcels in Town, but so far they have not advanced.

Friday, March 20, 2020

SUMMARY OF SHERBORN’S CURRENT 40B STATUS




The previous post described the three 40B projects that are currently under construction in Sherborn. Upon completion, they will produce a total of 92 housing units, of which 23 (25%) will be affordable and will be added to Sherborn’s Subsidized Housing Inventory (SHI).

So, how does that impact our 40B status? Sherborn currently has 34 affordable units on the SHI. These include 24 units from Woodhaven (6 affordable but they are all rentals so all units count) and 10 from Leland Farms (Leland Farms also has 7 market rate units). These 34 units bring our SHI percentage to 2.3%.

The total number of housing units that the Department of Housing and Community Development (DHCD) uses as a base (denominator) for calculating the percentage of affordable units is 1479. This figure is from the 2010 U.S. Census. While more housing has been built in Sherborn since 2010,  DHCD only adjusts the base every ten years with each U.S. Census.

If the projects under construction were all completed, the 23 affordable units added to the 34 we already have would bring our SHI total to 57 units and the percentage would increase to 3.85%. In order to reach 10%, we need to reach a total of 148 units. We would be short 91 units. Furthermore, since its 2020, it’s a U.S. Census year and our denominator is about to be adjusted upward. It takes about a year for the initial U.S. Census population and housing figures to be released. While we will not know the exact figure until then, I estimate that our new number will be about 1550 (possibly less).

Using 1550, we would need 8 more units (156 total) to reach 10%. Thus, we would be 99 short, even with all of the current projects completed and occupied.

SOME FACTS REGARDING 40B DEVELOPMENT - PREVIOUS 40B PROJECTS IN SHERBORN





Meadows Edge at Whitney Farm
The first Chapter 40B project in Sherborn was Whitney Farm (now known as “Meadow’s Edge at Whitney Farm”). While construction activity has been relatively recent, the project was initiated about 20 years ago. In any case, for various reasons construction was delayed but did start a few years ago. That project consists of 48 units, of which 12 (25%) will be affordable. The units are mostly single-family homes with some duplexes mixed in. Lotteries have been held to select the buyers of the affordable units. About 15 units have been constructed so far.

The development site is about 27 acres. It is located on Whitney Street and also abuts the Sherborn section of the Upper Charles Trail. The developer has provided an easement for some parking just off Whitney Street and a trail from there to connect to the Upper Charles Trail. The Town has obtained a grant to construct that connecting trail.

The Fields at Sherborn
More recently, there have been two 40B projects approved by the ZBA. One of these is “The Fields at Sherborn.” This project consists of a total 32 units of townhouses, configured in 9 buildings with 2, 3 or 6 units each.  Eight of the units will be affordable. This project was initially proposed as 36 units. Through negotiations with the developer, the unit count was reduced to 32 units. Then, since one of the buildings was very close to wetlands, the developer agreed to eliminate that building and relocate and reduce the size of some units to maintain the unit count at 32.

The development site is about 17 acres but much of that is wetland so about half represents the developed area. It is located on Washington Street (Route 16) and abuts the Holliston town line at the rear of the property. According to its web site, about 22 of the 32 units have been sold or reserved.

59 North Main
This is the latest of the three active 40B developments in Sherborn. It consists of 12 single family homes, of which 3 are affordable. They are laid out around a circular road with a green space in the middle. It is an age-restricted development so at least one member of the household must be 55 years old or older in order to live there.