by Frank Schroth

At the beginning of their last session Emily Innes, Chair of the Planning Board, provided a summary of the status of the Hendries special permit. It provided a useful context for where the project stood prior to that session. Following are the salient points Ms. Innes made.

• The application was filed on July 6, 2010 for a special permit (under S III J Central Ave Planned Unit Development) which requires a 4/5 vote. A site plan review is also required.
• The developement is composed of two parcels: one zoned for business (governed by Section III.C.) and one zoned Residence C (governed by Section III.B.) “The owners of these two sites may build as-of-right, under those two sections at any time by filing a building permit with the Building Department. No public hearing process is required.”

She noted that as of the last hearing date “the Board does not have a complete application from the developer that meets the zoning requirements of Section III J. The Board cannot legally approve this application until it is complete and until the applicant has satisfied all of the zoning requirements.”

• Prior to the 1/26 session some of the missing documents to be discussed at that session included:

Traffic study
Massing studies & Site sections

Note: the above were presented at the 1/26 session. The above are links to actual documents submitted and now available on the Planning Board web site.

Ms. Innes noted that certain items required by the Zoning have not yet been met.

• J4a Business use – business use is required to a depth of 50′ from the facade on Central Avenue.

• J4b Floor Area Plan Ratio – the developer has requested a FAR bonus which governs the density. This bonus was contingent on preserving a natural feature – in this case, the Black Oak.

Note: a) this issue as discussed at their session and a motion was made to deny the bonus. The vote was split 2-2 (Member Bernie Lynch was absent due to personal commitments). You can find coverage of the session here b) There may be a question as to whether a motion made within the context of a special permit requires a majority 4/5 decision rather than a simple majority.

• J8 Parking – the current plan has fewer parking units than are required.

In her remarks Ms. Innes also addressed issue of concerns voiced about the status “of the current empty building” and said, “I am cognizant of this Board’s responsibility to the Town as a whole and of its legal duty to ensure the the requirements of the zoning bylaws have been met prior to the approval of a Special Permit.  .  .  I will not rush to permit a non-compliant project simply because the process has taken longer than expected. I expect that this Board will continue to work with the developer, neighbors and general public to ensure that best possible development and I encourage your participation in our discussion.”

The Planning Board will resume the hearing on the Hendries property tomorrow evening, February 9th, at 7:15PM in the Carol Blute Conference room at Town Hall.

Related links (from Town of Milton web site)