Articles 11 through 16 - Amend the Zoning By-law to establish a Hancock Village Overlay District and various related articles

Special Town Meeting, November 2018

Since the November 2017 Town Meeting, the Land Court ruled favorably with respect to the valid issuance of the ROSB Comprehensive Permit, and the Puddingstone at Chestnut Hill application has continued to advance through the approval process before the Zoning Board of Appeals. As a result, CHR will soon have the opportunity to move forward with one or both projects pursuant to Comprehensive Permits. In addition, CHR has filed a lawsuit challenging the validity of the Hancock Village NCD, which could further allow for development of Hancock Village based on the underlying zoning bylaws.

The following Warrant Articles are proposed in an effort to reach a mutually acceptable compromise that would allow CHR to move forward with the development of Hancock Village pursuant to a Master Development Plan and enforceable agreement of the Town, in lieu of development under Comprehensive Permits and further development based on the existing zoning regulations. Approval of these articles will provide clarity for all parties with respect to the nature and scope of development within Hancock Village.

The Master Development Plan proposed in the following articles is similar to the Master Development was nearly approved by Town Meeting in November 2017, and would include all of the critical controls outlined above, with the following changes:
* The 234 units in the Sherman Building will be age-restricted (55+).
* The Hancock Village NCD will be eliminated and the property owner's lawsuit against the HV NCD will be dropped.
* Twelve three-bedroom units in the Gerry building may be replaced with one-bedroom units, twelve existing one-bedroom townhomes will be converted to twelve three-bedroom townhomes.
* After the proposed construction of the project, a 10-year restriction will be placed on any development at the site, after which, in years 11 - 20, fourteen (14) bedrooms will be added per year into third floors of the existing townhomes, limiting the total to 140 new bedrooms.
* The total FAR proposed would be no more than 0.50 (as currently allowed by underlying zoning), versus an FAR limit of 0.48 in the 2017 proposal.

The Town would benefit from development pursuant to the proposed Warrant Articles, as follows:
* In the first ten years, the total number of net new bedrooms in 2-3 bedroom (non-age restricted) units would be limited to 56, versus up to 368 of such bedrooms that could be developed pursuant to the Comprehensive Permits and underlying zoning.
* In total over the next 20 years, the total number of net new bedrooms in 2-3 bedroom units (non-age restricted) would be limited to 196, versus up to 368 of such bedrooms that could be developed pursuant to the Comprehensive Permits and underlying zoning.
* 3.5 acres of land will remain undeveloped and deeded to the town and maintained by CHR.
* A new playground will be provided for the Baker School.
* CHR would contribute $1,000,000 financial contribution to be used for neighborhood improvements.
* No buildings (including recycling centers) would be developed in the single family (S-7) zoning district.
* Asheville Road will be closed to prevent Hancock Village traffic through the adjacent residential neighborhood.