ADVISORY COMMITTEE ACTIONS

On Saturday, March 27, Advisory Committee spent a long difficult day reviewing the omnibus budget, capital budget and other warrant articles. Their day began at 8:30 AM and extended to almost 5 PM, with just very few short breaks. They are in the very unenviable position of having to allocate scarce dollars among many worthy projects and issues that exceed the resources available. Many Town officials who volunteer their time also gave up their Saturday to advocate for their causes. The work was not finished and there are many more articles that need to be heard and voted on. Advisory Committee's hearing will continue Monday evening at 7:00 PM.

Of course, my primary interest is centered on the articles sponsored by the Planning Board. Only one of the Planning Board articles was heard on Saturday. It was Article 12, pertaining to creating an Adaptive Use special permit for 2 properties that sit directly across the street from the Business G district. The article is discussed more fully in a post below, but it essentially would allow very limited business uses in these buildings with strong controls on any changes to the building and site.

A principle of zoning is that a road should be a spine and not a boundary between districts. This article creates a compromise in that concept by allowing SOME limited business use without expanding the Business G district and with strong Town control. The Advisory Committee voted 6-1 in support of this article.

There are three other Planning Board articles to be heard, two of which are zoning related. The most significant would amend the Town's current bylaw providing for accessory apartments. Again, this article is discussed in more detail in a post below, but in summary the article would remove the current prohibition on receiving rent for accessory apartments, allowing non-relatives to occupy the units, and it would allow the maximum size of a unit to increase from 800 to 1200 square feet.

The second zoning article pertains to the Flood Plain District (and tonight should be an appropriate setting in which to discuss this!). It is actually a housekeeping article. The bylaw currently refers to the FEMA flood maps. New Flood rate maps have been produced and will become effective on June 4, 2010. FEMA has asked that our bylaw specifically refer to these new maps. They also ask that we add in a statement that the bylaws applies to land in the flood zones whether or not they are within a "Regulatory Floodway." Since we don't distinguish between land within or not within a Regulatory Floodway anyway, this really has no effect, but it shows our willingness to cooperate with FEMA.

A question has been raised about whether we should adopt this now since the maps will not be official until June 4. Since we are not even likely to get Attorney General approval by approval by June 4 and our updated Zoning Bylaw will not be printed by June 4, I think it is better to risk a slight bit of confusion for a few weeks rather than have that confusion for nearly a year.

Planning Board also has an article to amend Chapter 16 of the General Bylaw. That Chapter pertains to enforcement and fines. The article was prepared in conjunction with previous Town Counsel and current Town Counsel suggests some additional changes. Therefore, the Planning Board decided at its meeting of March 24 to withdraw this article and to come back next year with a new article that incorporates the new Town Counsel changes in a single article rather than to do it piecemeal.

SHERBORN BUS SERVICE

In case you are not aware, Sherborn now has bus service from the Town Center to the West Natick commuter rail station. The service is provided by the Metrowest Regional Transit Authority (MWRTA). The service is provided at no cost to the Town because it is funded by shifting the Town's mandatory assessment for the MBTA to the MWRTA instead.

At present there is only a single run in the morning and a single run in the evening. It is hoped that service will expand as ridership increases. The morning run leaves from the Sherborn Inn (where there is FREE PARKING) at 7:23 AM in order to arrive in time for the 7:46 train from West Natick. The returning bus leaves the West Natick station after arrival of the outgoing 5:35 PM train from South Station that arrives at West Natick at 6:26. The bus arrives at the Sherborn Inn at approximately 6:50 PM.

The Adult fare for the bus is $1.50 each way, and a 10-ride pass can be purchased for $11.00. The fare for students is $1.00 (10-ride pass for $9.00), and for those 65 older it is $.75 (10-ride pass for $7.00). Those with a Medicare card, or an MBTA or MWRTA transportation access card that identifies the holder as qualifying for the disabled fare pay the same as seniors and blind persons with a Commission for the Blind card ride for free.

With limited parking (and at a cost of $4.00 per day!), the bus provides a more convenient and lower cost means of getting to the train station.

If you have questions about the service or need additional information, you may call the MWRTA at 508-935-2222 or 888-996-9782.

ZONING ARTICLES ON 2010 TOWN MEETING WARRANT

There are four zoning articles on the warrant for the 2010 Town Meeting. Three are sponsored by the Planning Board and one is sponsored by the Recreation Commission. A summary of each of the articles appears below. One of the Planning Board articles would create an adaptive use special permit process for properties on North Main Street across from the Business-General district.  This is repeated from last year after it fell just short of the 2/3 vote needed for approval. A second article would amend the requirements for accessory apartments in order to allow rental income to be received, and to allow occupancy by those who are not related to the owners nor serve as domestic help. The third amends the references to flood maps in order to recognize the new flood maps that will be available in June.

Sponsored by Planning Board

Adaptive Use Special Permit – This is a resubmission of an article that was first submitted last year. It would allow very limited business use, by special permit only, with tight controls on changes to the building. It essentially applies to just two buildings on North Main Street. They are directly across the street from the Sherborn Inn, which is in the Business General district, but these properties are zoned residential. They are clearly unique within the Residential A district because they are directly across the street from (and one actually abuts) the Business G district. Under this amendment, those houses would be required to continue at least one residence on the premises, but would be allowed some limited commercial uses (professional offices, studios, retail for handcrafted goods or arts and crafts items or antiques only). In return, the residential character of the premises must be maintained and historic or architectural aspects of the buildings must be retained or enhanced.

Accessory Apartments – This article essentially removes the prohibition against collecting rent and allowing persons who are not either relatives or domestic help to occupy an accessory apartment. It also increases the maximum size to 1200 square feet, but retains the limit of 30% of the primary dwelling (thus, only houses larger than 4000 square feet would qualify for an accessory apartment up to 1200 square feet). It puts Sherborn in line with other similar towns including Carlisle, Dover, Lincoln, Wayland and Weston (see attached table).

Flood Plain District – This is a housekeeping measure that updates the references to the FEMA flood maps (which have been redone and will be dated June 4, 2010. It also adds a phrase (at the request of FEMA) that the section of the bylaw applies whether or not such land is within a “Regulatory Floodway” designated by FEMA. Our bylaw makes no distinction between Regulated Floodways and other land anyway so adding this phrase really has no effect.

Sponsored by Recreation Commission (Withdrawn)

Accessory Municipal Use and Height Exception – This article does two things: it allows an accessory municipal use (which is private use of municipal property though a contractual arrangement) to exceed 250 square feet in area and adds temporary municipal uses to the list of uses exempt from the height requirement (municipal uses are already exempt). 

SCENIC ROADS AND DRIVEWAY CURB CUTS

In recent months there have been multiple efforts by homeowners to relocate and/or expand driveways, especially to create circular driveways. In some cases, it appears that they are unaware that there are rules governing such actions. One of the features that makes Sherborn a great place to live is its rural and historic character. One of the primary contributors to this character is the preponderance of heavily treed scenic roads lined with stone walls.

There is a state law called the Scenic Roads Act that is designed to allow local governments to protect its scenic roads. When a Scenic Road is designated, trees within the street right-of-way cannot be removed and stone walls within the right-of-way (or on the property line) cannot be altered without a hearing before the Planning Board. Such hearing must be advertised in the newspaper for two consecutive weeks and abutters within 500 feet must be notified of the proposed action and the place, time  and date of the hearing. For new or moved driveways, there are specific rules pertaining to design (including width) and there is a rule that allows only a single "curb cut" (meaning any vehicular connection with the street) per lot. This means that  circular driveways are not allowed because they require two curb cuts.

The Rules and Regulations for Scenic Roads can be found in the Planning Board Rules and Regulations just after the rules pertaining to subdivisions. They are posted on the  Planning Board web site. The application form for applying for a Scenic Road hearing can also be found by clicking on  "Forms"    on the front page of the web site. 

What if you are not on a designated Scenic Road? Or what if you are on a Scenic Road but there are no trees or stone walls in the way? There are also Community Maintenance and Development (CMD) rules pertaining to connecting driveways to public ways. Those rules also limit such connections to one per lot.

EATON APOTHECARY STAYING!

According to a story by Kathleen Moore in the "Community Briefings" section of  Globe West on December 6, 2009, Walgreen's has decided to keep Eaton Apothecary open. The store will now be called "Eaton Apothecary - a Walgreen's Pharmacy."

EATON APOTHECARY CLOSING

As you may have heard, Walgreens has purchased the Eaton Apothecary chain and is apparently planning to close the Sherborn store on North Main Street. When I first heard the news of the sale, I was hoping that Walgreens might expand the apothecary into the entire first floor of its building, because I knew the 2500 square foot size of the current Apothecary is way too small for Walgreens. However, obviously even the entire floor of about 5000 square feet is too small for them since their normal size is about 12,000 to 15,000 square feet.

Obviously, this is another blow to efforts to improve the Town Center. The first floor retail space of the building at 19-23 North Main has been half empty since the building was completed in 2006. Now the entire first floor will be empty, at least for some period of time. The septic capacity of the building precludes types of tenants that use lots of water, like food establishments.

I have heard that there is some sort of petition being circulated asking, I believe, that Walgreen's not close the store. I am not sure how effective that will be. In any case, feel free to leave any comments here.

ACCESSORY APARTMENTS: IS SHERBORN TOO RESTRICTIVE?

Sherborn’s Zoning Bylaw currently has a very limited provision for accessory apartments. In essence, they are allowed only to house up to three persons related by blood, adoption or marriage or by up to two domestic employees of the family residing in the main part of the dwelling. Rent is not allowed for such units. There are various other restrictions that include limiting the area to the greater of 30% of the gross floor area of the dwelling or 800 square feet; the design must be such that the facilities of the accessory apartment can be readily removed or reintegrated into the main dwelling, and approval in the form of a special permit from the Board of Appeals must be obtained.

There is one other option that does allow the collection of rent: if the accessory apartment qualifies as a “Low or Moderate Income Unit” under state law. Among other requirements is that the unit must be fairly available to all eligible persons, and this usually means they must be selected by a lottery. In this situation the owner is not able to select the tenant. Other requirements are similar to those presented above but the unit size is allowed to be as large as 1200 square feet. This bylaw was adopted in 1991 and no one has ever taken advantage of it.

There has been some discussion that the accessory apartment requirements may be too restrictive and should be loosened somewhat to allow occupation by non-relatives and to charge rent for such apartments. One argument in favor of this position is that many older persons who have lived in Sherborn for many years would like to stay in town but are not comfortable in their large houses due to property taxes, maintenance issues or other reasons. An accessory apartment would provide some income and would also provide another person in the house who might be available to assist with household tasks or in the event of an emergency.

On the other hand, there is concern that allowing accessory apartments could change the character of Sherborn by converting single family homes to “duplexes.” Also, creating additional housing units could result in more school children, thus increasing costs to the Town.

Of course, the impacts depend to a large extent on how an accessory apartment bylaw were structured. If allowed only by special permit, the Town would retain much control. Also, the bylaw could specify maximum size of the unit, require that the single family character of the residence not be altered, and it could even limit the total number of such units that could be created.

It should be noted many similar towns, including Dover, Carlisle, Lincoln, Weston and Wayland all allow accessory apartments. Their restrictions differ, but they all allow occupancy by non-relatives as well as the collection of rent.