[0:06] Looks like she's [0:07] Yes. Margaret Costello, planning board [0:10] member. Sorry. [0:11] That's okay. Nancy Arsenal, planning board member. [0:15] I'm sorry, my camera's not working, but [0:17] I'm working on it. [0:19] All right, Deb. [0:20] Uh, Debbie Woods, voting associate, [0:22] planning board. [0:24] All right, Michael. [0:27] Slegel, land use planner, [0:30] and Valerie Ortiz, planning director. [0:34] All right. And I am Lori Clark, current [0:36] chair of the planning board. [0:38] Um, so do you want do you want me to [0:41] wave the reading of the public hearing? [0:44] Exactly. [0:44] Okay. [0:45] I move that we wave the reading of the [0:48] public hearing notice. [0:53] Second. [0:54] All right. Any discussion about waving [0:57] the reading of the public hearing [0:58] notice? [1:02] If not, I'll take a roll call vote on [1:05] waving of the public reading of the [1:07] public hearing notice. So, [1:10] Meg [1:11] I. [1:12] Nancy, [1:13] I [1:14] John [1:16] I [1:17] Karen [1:18] I [1:19] and I Okay. Now, a little bit about [1:23] procedure for the hearing and then, uh, [1:25] we will jump in. Um, so we're going to [1:29] have the planning staff. Oh, and I'm [1:31] sorry. There you are, Allison. Do you [1:33] want to introduce yourself? [1:36] Oh, hold on. [1:41] Hello. [1:43] One of the newer members. I'm a non- [1:45] voting [1:46] planning board member. [1:49] All right. Thank you. Okay. So, uh the [1:52] planning board staff will first give an [1:54] overview of the proposed zoning um [1:59] changes. Um and then at that point, I'm [2:02] going to open it up to the public for [2:04] comment and question. When I do that, I [2:06] would ask everyone to raise their hand [2:09] either ver uh virtually or using uh Zoom [2:14] or just on camera like this. Um, and if [2:18] you are not on camera, um, and you don't [2:23] can't figure out the Zoom, uh, raise [2:25] your hand, you can call out as well. [2:27] But, um, at which point I would ask [2:29] everyone to wait until you're recognized [2:32] because of the way that, um, Zoom is [2:35] working for this public meeting. Um, [2:38] we'll have to unmute you. Um, and then [2:41] once we do that, you will have one to [2:44] two minutes to ask questions or make [2:46] comments. I would ask that you address [2:48] all of your comments and questions to [2:51] the board overall and not to an [2:53] individual person. Um, and then when you [2:56] are called upon, please state your name [2:58] and address to start. Um, let's see. And [3:02] then, uh, I I do I I will revisit the [3:07] timing um, at the hour mark. So after an [3:10] hour, we can revisit with the planning [3:13] board to see if um we want to continue [3:17] or um I'm sorry, keep the hearing going [3:22] or continue it um to another night. And [3:25] it really depends how far we are along [3:28] and and how much more it seems that [3:30] there is um at that point. Um, other [3:34] than that, I'd say we are recording this [3:37] meeting, but if you um are recording it [3:40] on your own, I'd ask that you not do [3:41] that in secret and you please state up [3:44] front that you are doing so. Um, with [3:47] that, are there any questions on process [3:50] before we dive in? [3:54] All right, I'm going to hand it over to [3:56] Valerie. [3:59] All right. Um, just one moment while I [4:02] share my screen. [4:19] All right. Uh, well, good evening [4:21] everyone. Um, thank you all for coming [4:23] out tonight. We're here to present the [4:25] planning board's proposed zoning bylaw [4:28] to allow multif family housing in [4:30] compliance with the state's MBTA [4:32] communities act. So, this is a required [4:34] step ahead of the town meeting scheduled [4:36] for October 27th. [4:40] Um the purpose of this bylaw um is to [4:43] meet the minimum requirements in order [4:45] to comply with the state's MBTA [4:47] Communities Act while maximizing local [4:50] benefits. So, we'll walk through this [4:52] more in detail tonight, but briefly, [4:54] this is intended to provide additional [4:57] housing options such as duplexes, [4:59] triplexes, and town homes. To protect [5:02] open space in Stow by locating the [5:04] district over residential land, to [5:06] capture economic development benefits by [5:08] locating the district by lower village, [5:10] which is our primary business district, [5:13] and to avoid legal fees and penalties, [5:15] as the state has confirmed that our [5:17] proposal meets their requirements. So, [5:19] I'll pass this off to Michael to [5:21] describe the basic requirements for [5:23] Stow. [5:25] Great. Thank you, Valerie. Uh, so many [5:28] towns and cities across Massachusetts [5:30] are considered to be MBTA communities. [5:32] Stow is being one of them. And all of [5:36] these towns and cities have to do a few [5:38] basic things. So, all of these towns and [5:40] cities must adopt a multifamily housing [5:42] zoning district that allows up to 15 [5:45] units per acre. [5:47] um this district is going to be as of [5:50] right. So there's no special permit [5:51] process and the towns cannot um create [5:55] any age restrictions and or any other [5:58] restrictions that prohibit occupancy. [6:01] Uh the district size is dependent on the [6:03] different types of towns that there are. [6:06] Stow being a small town has a small [6:08] requirement compared to others. [6:11] This is a zoning change and it does not [6:13] require any construction of housing. So, [6:16] similar to all other types of zoning, [6:18] there's no building mandate required by [6:21] this. [6:22] Um, we've also heard that there's a [6:24] little confusion about what is changing [6:26] and this is only the zoning and there [6:28] are some uh permitting that will still [6:30] remain in place. So, all of our wetland [6:33] protection zoning, the wetland [6:35] protection act, well, septic [6:37] regulations, building and fire code, all [6:39] of that is remaining the same. The only [6:41] thing that we're proposing is the [6:43] changing of the different types of [6:45] housing that could be built in Stow. [6:49] On the next slide, [6:52] um we've learned that compliance with [6:54] this state law is required. It is [6:57] mandatory. And this was tested out by [6:59] the town of Milton who did not [7:01] originally comply. Uh this went to the [7:03] state supreme court and they determined [7:05] that this law is constitutional and [7:08] enforceable. [7:09] Um, so the town has been working to [7:12] address this change in our zoning that's [7:16] required. If we don't do anything, you [7:18] know, the town does risk some [7:20] consequences [7:22] um such as civil enforcement from the [7:24] attorney general and there are more [7:26] consequences being uh discussed on [7:28] Beacon Hill at the moment. Um, one of [7:31] the consequences that we are aware of is [7:33] the loss of grant funding um, [7:35] eligibility and we've highlighted some [7:38] of the big grants that the town has [7:39] received in the past few years. Um, and [7:42] projects like this wouldn't be possible [7:44] if the town is not compliant with the [7:45] MBTA communities act. [7:49] So, taking this all into consideration, [7:51] uh, the planning board took a step back [7:53] and looked at Stow's goals, which is on [7:55] the next slide. [7:58] Um, and we've seen throughout different [8:00] planning processes that there's been [8:02] calls for different types of housing in [8:04] Stow, diversifying what we allow, um, [8:07] encouraging development in certain [8:09] areas. So, we've seen a kind of a call [8:11] for multif family housing since 2010, [8:14] maybe even earlier. We didn't go that [8:16] far back. Um, so we're trying to take [8:19] all of these principles from these [8:20] different plans to propose a compliance [8:23] solution to not only meet the state's [8:25] goals, but to meet our own local goals. [8:30] On the next slide, um, we'll talk a [8:32] little bit about the planning board's [8:34] approach. As Valerie mentioned earlier, [8:37] we're looking to meet the minimum [8:38] requirements of the MBTA Communities [8:40] Act. [8:42] She mentioned some of the things like [8:44] supporting businesses, locating housing, [8:46] near services and amenities, putting um [8:50] we also want to make sure that we don't [8:53] disproportionately affect roads. So, [8:54] putting multif family housing if it does [8:57] get built near highcapacity roads while [9:00] maintaining open space and protecting [9:03] some of that those rural characteristics [9:05] of Stow. [9:07] Uh the planning board also wants to [9:08] encourage incremental growth so we don't [9:11] see um hundreds of units pop up all at [9:14] once. We see a few here and there [9:16] throughout the years as the bylaw gets [9:18] implemented if it does. Um and we just [9:21] want to mention that the planning board [9:23] is considering different um housing [9:25] things in the future. So this is one [9:28] step that the town could take to address [9:30] some of our local housing needs, but [9:32] it's not going to be the only one that [9:33] the town will pursue in the future. [9:38] On the next slide, we have just some of [9:40] the community engagement work that we've [9:41] done so far. Um, and some of this has [9:44] originated all the way back in 20121 [9:46] when this law became a law. Um, so this [9:51] represents many of the big events that [9:53] we've had throughout the past few months [9:55] recently. And on top of that, the board [9:58] has met with different people, attended [9:59] different meetings of boards and [10:01] committees um to try to spread awareness [10:04] of what this is, gather new ideas and [10:06] support. [10:08] So I am going to pass it off to Valerie [10:10] who will talk a little bit more about [10:12] the specifics of what the planning board [10:14] is proposing. [10:17] Great. Um so we know that we have to [10:20] choose a location for the zoning [10:23] district. Um so we've done a lengthy [10:26] search really looking to do this in the [10:28] most beneficial way possible. Um so we [10:31] started with a map of the whole town. Um [10:34] and on this map on the left um it's the [10:37] land in white that can be counted toward [10:39] our compliance. Um in green is the land [10:42] that we are unable to consider which is [10:44] information coming from the state and [10:46] there are other um types of [10:48] considerations as well in blue and in [10:50] gray. Um, so we know we have to have [10:53] either one area of at least 10 acres or [10:56] two areas of at least five acres. So [10:59] over the last year, we've um sought [11:02] feedback from residents, members of [11:04] boards, and committees and reviewed [11:06] other town plans to look at what areas [11:08] of town are preferred to conserve and [11:11] what areas are preferred for housing [11:13] development. So we've incorporated state [11:16] defined excluded land and sensitive land [11:19] and the planning board has created [11:21] location considerations based on [11:23] feedback and existing plans such as what [11:25] Michael was referring to earlier. So [11:27] we're really seeking the balance between [11:29] the state's requirements and then [11:30] maximizing benefits to Stow. So again we [11:33] were looking at this full map of Stow [11:36] and from um our review and our analysis [11:39] we dug a little deeper into several [11:41] different locations in Stow. So circled [11:43] here in red are those areas that we [11:46] investigated further. So these areas [11:48] come from your suggestions from [11:50] reviewing town priorities and from the [11:52] mapping analyses. So you'll notice that [11:55] some of these areas um do include land [11:58] that's in the green or blue. These are [12:00] simply areas that just kept coming up [12:01] through your feedback. And so we wanted [12:03] to take the time to look into them a [12:05] little further. And I wanted to note too [12:08] that the planning board has created [12:09] documents that analyze each of these [12:11] areas. So we have one document that we [12:13] can share that indicates rationale [12:15] against using about 20 different [12:17] locations and a separate document to [12:20] indicate the rationale for the proposed [12:22] location of East Lower Village. Um so [12:25] the output again is the location to the [12:27] east of the lower village. [12:33] So here, just to get you oriented a [12:35] little bit, um, in red are the parcels [12:38] that are within the proposed location. [12:40] To the left is the lower village [12:42] cemetery. Even further left off screen [12:44] is the Shaw's Plaza and the the lower [12:47] village. To the east or to the right of [12:49] the map is the line with the town of [12:51] Maynard toward Ericson's. Um this whole [12:55] area is about 14 acres of land though [12:58] that includes um uh wetlands and [13:02] roadways. So once those are subtracted [13:04] out, this is just over 12 acres of [13:07] compliant land. Um, so this includes [13:10] about seven parcels, three of which are [13:12] only partly within the district and it's [13:14] all residentially zoned land and all of [13:17] it is within a half a mile of lower [13:20] village which is generally considered to [13:22] be a walkable distance. So, we've tested [13:24] this location with the community and [13:26] this was rated number one in a community [13:28] survey. Um, a forum that we held in [13:31] February and a survey that we provided [13:34] to town boards and committees that are [13:36] versed in land use. Um, we feel the [13:39] proximity to lower village encourages [13:41] economic growth. Uh, it provides access [13:45] via great road to minimize traffic [13:47] concerns. It encourages the smaller [13:50] incremental growth versus a larger [13:53] development coming in all at once. We [13:56] know that it has proximity to [13:57] recreation, pedestrian, and cyclist [13:59] facilities. It's near town forest near [14:01] the Asphet River Rail Trail. And it also [14:04] avoids parcels with farms, um, historic [14:07] and rural views and non-residential [14:09] districts. And then further, we have [14:11] confirmed that this location will meet [14:13] the state's requirements. [14:17] So what would the zoning article or how [14:19] would the zoning article shape future [14:21] development? So thinking about what can [14:24] be controlled via local choice and what [14:26] cannot be controlled. Um so items that we've received your input on are [14:32] under the local choice. So we're [14:33] allowing certain housing types through [14:36] this bylaw which includes only duplexes, [14:39] triplexes, and town homes up to five [14:42] units in one structure. So this does not [14:44] allow any type of apartment complex. Um [14:49] we've also aligned some other [14:52] dimensional requirements um to the [14:54] typical residential district. So the [14:56] building height is the same as it is in [14:58] other areas of town limited to 35 ft. [15:01] The setbacks, the distance between your [15:03] home and your property line are all the [15:05] same um as with the current residential [15:08] district. And then we we've actually [15:10] increased the open space component um [15:12] from the typical because we know that's [15:14] important to the community. What can't [15:17] be controlled is whether or not multif [15:19] family housing is built. That's up to [15:21] the property owners. Um the town will [15:24] not be selecting developers or having [15:26] any hand in constructing homes. So the [15:29] town is not taking property. We're [15:31] simply adding flexibility to the land [15:33] owners. We also can't control the size [15:36] of the district other than increasing [15:38] it. Um we do have that minimum [15:41] requirement. And then we also need to [15:43] allow the zoning up to 15 housing units [15:45] per acre. Even though we understand that [15:48] with current um well and septic [15:50] regulations, we'll likely see a density [15:52] lower than this. And again, as um as [15:55] Michael said, um housing developed is [15:57] subject to other types of restrictions [15:59] and requirements such as the wetlands [16:01] protection act, well and septic rags, [16:04] and the building and fire codes. [16:08] So, what does it mean for the property [16:09] owners within the proposed district? [16:11] Well, again, the zoning does not require [16:13] any housing to be built. This is simply [16:16] um an exercise in having zoning in [16:18] place. So the property owners within the [16:20] district don't need to make any changes [16:22] to their property. So this just adds [16:25] additional options if they desire to [16:27] take action on them. So future housing [16:30] is not needed to be constructed at that [16:32] maximum density at the 15 units an acre. [16:35] It could be lower than that. It's really [16:37] the owner's choice and what might be [16:39] possible on the land. And again, housing [16:42] density is also restricted by um by [16:44] other constraints such as the well and [16:46] septic requirements. [16:50] So, we did um you know, we wanted to [16:53] highlight that what has changed about [16:54] the bylaw and the location since the [16:56] spring when we began to meet with the [16:58] neighborhood. Um so, we did um shift [17:02] around the location a little bit and we [17:04] did work on um the bylaw to make sure [17:07] that we are um producing the type of [17:10] housing if it is constructed that um [17:12] that the residents may be more [17:13] supportive of. So, we continued to look [17:15] at alternative locations as they came up [17:18] throughout this process. Um, we shrank [17:21] the district a bit. It used to include [17:23] four additional parcels. Um, we modified [17:26] the bylaw to allow residents to add [17:28] multif family structures without making [17:30] any changes to their existing home. We [17:34] modified the bylaw to align the setbacks [17:36] um to make sure that all the setbacks [17:38] the same as the typical residential [17:40] zoning. We incentivized landscaped [17:43] buffers um and maintaining existing [17:45] landscaping to the extent that we're [17:47] able to. The state has dictated much of [17:49] what we're allowed to do. Um so we've [17:52] attempted to push this item as far as we [17:55] feel we can knowing how important it is [17:57] to stow. Um and then finally to allow [18:00] the board to wave some elements of the [18:02] bylaw if the development mitigates [18:04] neighborhood concerns. [18:09] So just in summary um to review the [18:12] benefits of this proposal, you know, um [18:14] we understand that no matter where the [18:17] district is located, there are going to [18:19] be concerns from existing residents and [18:22] abutters. Um but we are mandated to [18:24] create the district and we've tried to [18:26] do this in a way that provides potential [18:28] future benefits to the town. Um so this [18:32] enables incremental growth. Um, we're [18:35] locating the district near our retail [18:37] center to offer that future support to [18:39] economic development. Encouraging a [18:41] walkable village. Um, locating the [18:44] district near Lower Village to focus [18:47] development in an existing population [18:49] cluster, an existing neighborhood to [18:51] avoid future sprawl and also to maintain [18:55] our small amount of available commercial [18:57] land to retain the existing tax [18:59] diversity. So less than 5% of land in [19:02] Stow is available commercial land. So [19:05] that's land that is zoned for business [19:07] use but does not already have housing on [19:10] it. We're also um looking at minimizing [19:14] the loss of open space and rural [19:16] character which residents time and again [19:18] tell us they value the most about living [19:20] in Stow and also keeping this focused [19:23] along Great Road Route 117 to minimize [19:26] future traffic impacts. Um, Great Road [19:28] is a principal arterial that's um, [19:31] designed and intended to serve through [19:33] traffic. And then lastly, um, this [19:36] proposal meets the town's requirements [19:38] for the state law. So, we would avoid [19:40] legal fees and penalties. [19:43] All right. Thank you. [19:48] All right. Thanks, Valerie. Um, from [19:52] here, I'm going to open it up for public [19:54] comment and question. So, just a [19:56] reminder again, if you could raise your [19:58] hand, I'll call upon you. Uh, we will [20:01] unmute you if you could then state your [20:03] name and address and you'll have one to [20:05] two minutes to ask questions or make [20:07] comments. Please make those comments and [20:09] questions to the board overall. Um, and [20:12] we'll go from there. I do want to [20:14] mention that I will uh attempt to call [20:17] upon um different people first before I [20:22] uh call on repeat um people who would [20:26] like to make more than one comment. Um [20:29] and so we will go from there. All right, [20:32] let's start with RL. Uh hold on one [20:35] second. Let us unmute you. [20:41] All right, Raml, go ahead. Uh, please [20:43] state your name and address. [20:45] Hi, my name is Romel Mammud. I live on [20:46] 32 Peabuddy Drive in Harvard Acres. [20:49] Thank you, Lori, and thank you for the [20:51] planning board for hosting this meeting. [20:53] I just want to point out a few things. [20:55] Um, some of which I included in the [20:58] letter that I sent to you guys. I'll [21:00] highlight some of those points here, but [21:02] I just want to say that this pop this law is very unpopular across the [21:05] state. it's likely going to be voted [21:07] down at the referendum in 26. They're [21:09] going to easily get enough signatures. [21:12] So, the argument that incremental growth [21:15] um you know that people don't have to [21:17] sell, you can't make that argument and [21:19] also say this is going to benefit the [21:20] business district cuz you don't know if [21:22] anybody's going to sell or how long it's [21:24] going to take, however many decades it's [21:26] going to take because the preference is [21:28] it'll be incremental and slow. [21:31] So, you know, we keep talking about the [21:32] rural character, but the the biggest [21:35] violations that I see from this [21:38] selection is things that are stated in [21:41] the recreation plan um and conservation [21:44] plan. And the things that they [21:46] highlight, which you guys have failed to [21:47] acknowledge, are the scenic views in [21:50] this district, the agricultural [21:52] heritage. These are all things that are [21:54] pointed out in this plan. the [21:56] agricultural soils. There's a map in [21:58] there that says there are agricultural [21:59] soils on this land. Doesn't matter. Um [22:04] there's vernal pools in this in this [22:07] area that's also highlighted in the [22:09] plan. And there are endangered species [22:12] in this plan in this location and a [22:14] drumland. So the last thing I'll say is [22:18] we appreciate you guys having this [22:19] meeting and I'm sure other people will [22:20] speak up. We would like to host a debate [22:23] with you guys where each tide gets equal [22:26] amount of time to present their views [22:28] because we only have a very limited [22:30] amount of time to speak and anything we [22:32] say is going to be rebutted by you guys [22:35] but without us having a chance to get to [22:37] for a rebuttal. So, at some point, at [22:39] least a week or two before the actual [22:41] vote, we'd like to host a public debate [22:43] in a neutral territory where each side [22:46] gets an equal amount of time to be fair, [22:49] where we can debate these ideas and [22:51] debate what we think is hasn't been the [22:55] best process and hasn't been the best [22:58] solution. That's it. I'll shut up. [23:01] Thank you, Raml. [23:05] Uh, let's go to um Brian and I'm sorry [23:09] if I get this wrong. Mhousen. [23:17] One second while we unmute you. [23:20] I'm unmuted on my end. [23:22] Okay, perfect. [23:23] All right. So, hi. Thanks for having me. [23:26] Brian M. Housen. You got the name right. [23:27] Nicely done. Uh, nine Hastings Street. [23:30] So, so I just had a few questions. Um I [23:33] understand this MBTA uh act is sort of [23:37] related to transit. So I was sort of [23:39] wondering how and why it was [23:42] not selected in an area closest to our [23:46] uh MBA lines like in South Actton area [23:48] or along South Aton Road. Uh why we [23:51] selected 14 acres over the minimum of 10 [23:53] if we can't in the future do anything [23:55] but expand. Why start greater than the [23:58] minimum? And uh why is the old Bose [24:02] complex, whatever that area of town is [24:04] called, why is that not counted toward [24:06] our requirement for the state, right? [24:09] Why are we why are we zoning more if we [24:11] already have multif family, etc., etc.? [24:15] Okay, let's take uh one at a time. Um [24:18] Valerie, do you want to take a few of [24:21] those? [24:22] Sure. Um so I understand that the that [24:27] transit oriented design is certainly um [24:30] part of this law and the the rationale [24:33] of the state. Um they're also looking at [24:36] um walkability. Um and so for Stowe, [24:39] we're thinking about how do we capture [24:42] that economic benefit um within Stow and [24:45] not give it all away to another town. [24:47] Um, so looking at our long-term vision [24:50] for Lower Village as a walkable village [24:53] center, uh, we feel that this multif [24:56] family housing law really fits in quite [24:58] nicely, um, with the town's vision of of [25:02] that. Um and also we've taken we have [25:05] taken a look at the land around um uh [25:09] South Actton Road to understand more [25:12] about um what is there and we've kind of [25:16] described that a little bit further in some of our other documents but [25:19] essentially um the land a lot of the [25:22] land there is not eligible for this [25:24] initiative u because of the state [25:26] definitions of excluded land. Um and [25:30] then there is we looked at a a portion [25:32] of land that is uh you know not state [25:35] excluded um but it's the location of a [25:38] former dump. Um so so we have taken a [25:40] look at some areas in around there but [25:44] really thought about um you know the [25:46] results from commu from surveys that [25:48] we've received from the community not [25:50] wanting to put in a new pocket of [25:53] population elsewhere in Stow and really [25:55] looking at um creating more density [25:59] where there already are homes. Um so [26:02] again trying to preserve open space [26:04] capture the economic development and [26:06] allow some future walkability toward [26:09] this vision of lower village [26:12] and I would say um you can also take a [26:14] look at the alternatives document where [26:16] we have outlined uh each alternate [26:19] property that we've considered and the [26:21] reasoning behind. Um next is really [26:24] around the 14 acre question. Um and you [26:28] want to take that up Valerie? Sure. Um I [26:31] understand that one's a tough one to [26:33] kind of um wrap our heads around too [26:36] because it's it's not just a strict [26:37] acreage requirement. The state has um a [26:41] compliance model where they look at our [26:44] specific parcels that we're zoning and [26:46] really consider the setbacks, the [26:49] frontage requirements, open space [26:51] requirements, and they're doing this [26:54] complicated calculation around our [26:56] specific parcels um and the wetlands [26:59] within them, the right of ways within [27:01] them, and really trying to understand [27:03] what what is feasible. So when we give [27:06] them the shape of the district that [27:08] looks like 14 acres, they kind of [27:11] automatically subtract out a few things [27:13] that gives them around 12 acres, right? [27:16] And then from there, they're still [27:18] making sure that we're meeting their [27:20] minimum requirements. And so we have [27:23] actually talked with our consultants [27:24] about taking out another parcel or [27:27] shrinking it at all. And unfortunately [27:30] the result is that we would have to [27:32] increase the density allowance if we [27:34] were to shrink it closer to that 10 acre minimum. So in fact we'd have to [27:40] go um increase from the 15 units an acre [27:43] to something more like 16 17 18. So, [27:47] it's hard to comprehend, but the shapes [27:50] of the that make up the district um are essentially showing us the output of [27:55] this model is that we cannot uh shrink [27:58] it further without kind of tugging at [27:59] some other levers. [28:01] And in set a different way, it's not a [28:04] straight 10 acre. If we zone 10 acre, it [28:07] doesn't necessarily meet the state's [28:08] requirements. So, we've been working [28:10] with consultants to make sure that [28:12] whatever we're putting forward does meet [28:14] those state requirements which they have [28:15] confirmed. Um, and the last part of the [28:18] question is really around the master's [28:19] academy and the Bose property. [28:22] Yeah. [28:25] Um so so for that property um in fact [28:29] the it does the site does not meet the [28:31] minimum area required for a district um [28:34] because so much of that land is within a [28:37] district called the water resource [28:38] protection district um which requires a special permit process in order to [28:45] protect the groundwater for existing and [28:47] future residents. Um, and the state does [28:50] not allow there to be a special permit [28:52] process in conjunction with this law. [28:55] Um, so we would essentially need to wave [28:58] that uh process in order to locate [29:00] housing there. And we are not [29:02] comfortable uh waving uh a law a bylaw [29:05] that's intended to protect groundwater [29:08] uh for existing or future residents. [29:12] All right. Uh with that I will go to [29:18] the next person. [29:20] Um let's go to [29:23] it's believe it's Catherine although on [29:25] RL's video. [29:37] Sorry. Just one moment. [29:44] Thank you, Lori. Um, it's Katherine [29:46] Michael, 19 Great Row. [29:50] The planning board has dismissed the use [29:52] of unoccupied open space and instead [29:56] chose an occupied family homes for this [29:59] 3A site. So, I'm wondering how can you [30:02] in good conscience justify that? In [30:06] addition, you have told us that we don't [30:08] really have to sell to the developer. So [30:11] then what's the point? It would appear [30:14] that there is some truth both in [30:16] established Stow residents to the and to [30:19] this both to established Stow residents [30:22] and to the state. Your mission can't be [30:24] accomplished unless homeowners are [30:27] willing to leave their homes and I for [30:30] one am not. So that is a mixed message [30:33] for me. [30:35] The second thing is how much actual time [30:39] have you spent considering the turmoil [30:41] your decision causes for families who [30:45] are in the zone that you've targeted as [30:48] the only site that can be designated for [30:51] 3A housing. Because of your actions as [30:55] trusted leaders in the town, it is very [30:58] clear to me that you value open space [31:02] over the rights of residents to remain [31:06] undisturbed in their homes. And I'm [31:08] wondering how you justify that decision. [31:16] I can I'm going to make a few comments. [31:18] Um [31:21] I think we are our mission is to meet [31:24] the minimum requirement of the state to [31:26] create a zone. [31:29] The benefits potential future benefits [31:32] that are talked about is if anything [31:34] were to happen there those benefits [31:36] could come. But our mission is to meet [31:39] the minimum requirement of creating a [31:42] zoning district required by the state. [31:45] Um again, if you uh um one of the [31:48] criteria when you look at our [31:49] alternatives document is that uh we [31:53] chose not to go after open parcels [31:56] because that would bring in [31:59] um you know over 100 units potentially [32:01] all at once which would have a big [32:04] impact on Stow whereas um here very [32:08] little could happen or slow uh change [32:11] could happen over time. um into us that [32:14] would essentially mitigate the impact on [32:19] Stowe as a whole and I think as Valerie [32:22] mentioned in the presentation we [32:24] acknowledge we don't have a magic answer [32:27] there is nowhere to put this where no [32:30] abutters or property owners would be [32:32] were not would not be upset so we [32:35] understand that there are going to be [32:36] upset residents and um believe me that has weighed in our discussions [32:42] But the fact is no matter where we put [32:44] this district, there will be upset [32:46] abutters or property owners. And so [32:49] again, we're looking at how do we make [32:54] how do we achieve being compliant by [32:56] state mandate but yet minimize the [32:59] overall impact to Stow. Um and I'll move [33:02] on to the next person and that would be [33:06] Brian Martinson. [33:13] Can you hear me? [33:15] Yes. [33:15] Okay. Actually, I'm going to ask a [33:18] question about the draft bylaw itself. [33:21] Um, so I'm looking at section 5.6.8, [33:25] site plan approval. [33:27] And and there are other sections in here [33:30] about um [33:32] uh notices uh to the planning board that [33:35] you may confer with other boards or [33:38] other people. But there's nowhere in [33:41] here where you require the developer to [33:45] provide notice to residents that they're [33:48] thinking of doing this. And I'm [33:50] wondering if you could put something [33:52] like that, a clause in there so we're [33:55] not surprised if somebody sells land and [33:59] never hear about it. I'd request [34:02] respectfully request you put something [34:05] in like that. There's also I understand [34:07] no provision here for any kind of public [34:10] hearing. [34:13] You could have put a uh provision in [34:15] there where you suggest a meeting [34:18] between uh a butters. [34:21] Um but you haven't and I'd also request [34:24] that you put into a clause that would [34:27] require that as well. [34:30] I don't think these things cost you very [34:31] much. Um, and it would mean a lot to [34:35] people who, [34:37] well, me and everybody else who is in [34:40] this district and surrounds this [34:42] district. We don't want to be surprised [34:45] again like we were surprised [34:47] by this. [34:50] Could you consider doing that? [34:52] I guess Valerie, do you want to make a [34:54] comment on what the state would allow? [34:56] Um, I I think I'll just mention that both of those are included in the [35:01] bylaw. Um so in so when we refer to [35:06] um the planning board's rules and [35:09] regulations for site plan approval that [35:11] does include the public hearing [35:13] requirement um and the notice to a [35:16] butter iss within 300 ft. [35:19] It doesn't say that in section 5.6 [35:23] when you have a section on site plan [35:25] approval though. So we I understand um [35:30] it's there is a little throughout the [35:31] all the zoning bylaws there's a little [35:33] bit of a hunt that that folks have to go [35:35] on. Um but it it is um the site plan [35:38] approval rules and regs are noted within [35:41] section 5682 under submission [35:44] requirements and that is the document [35:46] that that um has the planning board [35:49] require that the the public hearing and [35:51] the notice to a butters. [35:56] I guess I'll take your word for it. [35:57] Thank you. [35:58] We're going to go on to Laura Rainer. [36:15] One one second. Laura, we got to unmute [36:17] you. [36:22] Uh Laura Reiner, 35 Red Road. I'm not in [36:27] a butter, but I am not far away. Um it does sound as though we're trying to [36:32] meet the letter of the law without [36:34] really meeting the spirit of the law. [36:37] And I think for the residents that's [36:39] reassuring uh up to a point, but I'm [36:42] trying to understand the mechanics of [36:43] it. Um [36:46] we are excluding large [36:50] parcels of land that are undeveloped and [36:52] are ripe for that. Um, the one I [36:55] proposed some time ago at one of these [36:57] hearings was the golf course that's [37:00] currently closed on White Pond Road, [37:03] also very close to the lower village, [37:05] um, actually more walkable than the main [37:08] street without a sidewalk. And, [37:12] uh, not only is it not being used as a [37:15] golf course, it's highly likely it's [37:17] going to be sold to a developer for [37:18] hundreds and hundreds of units of [37:20] housing. So, it's it's seems to me an [37:23] excellent c uh candidate for a spot like [37:26] this. Um, [37:29] but but saying setting that aside, since [37:32] it sounds like you've kind of picked the [37:34] spot, is it true that the an individual [37:38] in that zone can sell to a person and it [37:43] does not have to be developed as it [37:45] could just be sold as a normal house and [37:47] remain. [37:48] That is correct. [37:49] Yes. Okay. [37:50] Um and that person could then turn [37:53] around and sell it to a developer who [37:55] would then cram it full of these 15 acre [37:58] units to the acre, right? [38:02] They could certainly sell it to a [38:03] developer. Uh whether or not they can [38:05] really create 15 units per acre would [38:07] really depend on [38:09] um the other requirements regarding well [38:13] septic um wetland protection act etc. [38:18] So this is going to be incremental based [38:20] on any individual who sells a parcel or [38:24] sells their unit, their their land to [38:27] someone who actually wants to build [38:29] these. And to what extent does this [38:31] build affordable housing as opposed to [38:33] luxury town houses? Say [38:35] it's the same as our current residential [38:38] district. um which is if they uh re [38:44] refresh my memory Valerie, where do we [38:46] land on the number of units? [38:48] It's um so 10 10% of units can be deeed [38:51] restricted affordable [38:53] which is exactly the same as any other [38:55] residential property. [38:57] Okay. [39:01] I can speak to the um the White Pond [39:05] Road parcel too if you'd like. So Laura [39:07] is referring to the former Stowaway um [39:10] golf course along along White Pond Road [39:12] which which is close to Lower Village. [39:15] Um and it's it's interesting we this [39:17] parcel did come up as you mentioned in [39:19] some of the early forums. Um though it's [39:22] also you know high priority parcel for [39:26] conservation as well. Um and we've it's funny there's we've also heard from [39:31] so many residents that they would far [39:33] prefer um conserving that piece of land [39:36] rather than seeing housing developed [39:38] along the river there. Um so again, you [39:42] know, the thought is if we were to zone [39:44] it over Stowway, there's one single [39:47] owner. Um they could convert it to [39:49] housing all at once um quite quickly [39:52] while Stow is within this period of [39:54] growth. Right. We do have other [39:56] subdivisions, other developments coming [39:59] down the pike. Um, and we want the town [40:01] to have um to have time to um uh to [40:06] adapt to that as well. Um, so this is on all sorts of town plans. It's um that [40:14] parcel is seen as development not [40:17] preferred from plans that are um that [40:20] have considered community input. Um, and [40:24] it's also one of those high priority [40:26] conservation parcels within the open [40:28] space and wreck plan. Um, I think I'd [40:31] also say back to your your other [40:33] question about um what residents within [40:37] the district can do, I do want to note [40:38] that folks can stay within the district [40:41] while taking advantage of it. So, uh, we [40:44] do allow the conversion to duplexes. [40:47] um you could add another unit on your [40:50] property that might be larger than an [40:52] accessory dwelling unit. Um so there's [40:55] there is more flexibility there u for [40:57] folks while they stay. [41:00] And again, I just want to make one more [41:01] plug for the alternatives document. Um [41:04] if if you are interested in seeing all [41:07] the parcels that were reviewed and the [41:09] reasoning behind there, I highly [41:10] recommend um taking a look and certainly [41:14] bringing forth whatever questions you [41:16] have um to the planning office. Um I'm [41:19] going to move on to Mark Forges. [41:26] I'm sorry I keep forgetting to unmute [41:28] you. [41:36] That would happen. [41:44] Okay, Mark. [41:45] Yeah, I'm I'm trying. I lost it for a [41:48] minute. [41:50] Hey, Mark Fogs, White Pond Road. Um, [41:53] I've gone to some of the public meetings [41:55] with this and u this is one of the the [41:59] development areas that I thought would [42:00] be might be a decent area. The reason is [42:03] that there's some restrictions on the [42:06] wells that allow only three I believe [42:08] it's three uh three pro three houses per [42:11] well. Uh if you got 10 different properties there, you know, [42:18] you're allowed 30 houses rather than 15 [42:20] per per unit. My my question is is that [42:24] if a developer were to buy uh let's say [42:27] the the little farm that's over there [42:29] and they could convince main to tie into [42:32] their uh well and well and septic [42:35] systems uh town water town sewer, [42:40] can the town of Stow stop that or is [42:42] that something they could just do uh if [42:46] the town of Mus will to do that [42:50] because that would then make it [42:51] allowable. 15 units per per acre like the like the bylaw states, [42:57] right? So, um so yes, Mark is uh getting [43:01] at the point that the the water [43:02] restriction is holding back um some [43:06] development there. We've we have reached [43:08] out to Mayor to to ask them this [43:10] question. Um you know, whether whether [43:12] they would in the future provide water [43:15] um to some of these homes um or these [43:18] parcels. Um they the town Maynard does [43:21] currently provide uh utilities to to [43:25] some homes along the town line uh within [43:28] Stowe. Um however, right now Maynard [43:30] does simply does not have the water um [43:33] or the resources to allocate it to [43:35] additional housing units, even homes [43:37] within the town of Maynard itself. So [43:40] they are they are not for um providing [43:44] additional water and in fact um that [43:46] would require a vote of their water [43:48] board which is made up of their select [43:50] board. Um so so the select board in [43:53] Maynard would need to vote to approve [43:55] something like that. Uh meanwhile their [43:57] residents are are struggling with uh [43:59] with their water capacity and supply. [44:01] So, so the odds are in in a people's [44:04] favor that there won't be 15 units per [44:07] acre in that area because of the water [44:09] restrictions. Um, and you're saying that [44:12] maintenance says that they don't have [44:13] enough water supply. So, someone [44:15] couldn't come over. Someone couldn't [44:16] come over and say, "Gee, let me drill [44:17] you a new well and give you more water [44:20] supply." Uh, then maybe vote it in. But [44:23] that probably going to be a long [44:25] process. Could can this My question is, [44:27] can this town stop them from doing that? [44:29] then who would have the authority to do [44:31] that if they did? And it's just a [44:33] question. I mean, I'm in favor of this [44:35] area because I think it's got less less [44:37] chance of being developed with 15 units [44:39] per acre than any any place else you [44:42] know, we talked about when in the public [44:44] meetings. So anyway, just a just a just [44:46] a thought. [44:48] Yeah, to be to be honest, I don't I [44:50] don't know what the process of rejecting [44:52] that would be. Um I I think one thing is [44:54] important to note too is thinking about [44:56] what is allowed or what is possible with [44:59] current water and cell and um and septic [45:02] uh regulations is you know the town is [45:05] looking to construct um six units of [45:08] housing um at the former Canelius [45:11] property along Redacre Road. Um and so [45:14] they're looking to do the affordable [45:16] housing trust is looking at creating six [45:18] units of housing on a 9 acre parcel. So [45:21] that's that's with um private well and [45:24] private septic. So you you do get um [45:27] smaller or you get a lesser density u [45:30] with with private utilities. [45:32] Correct. Okay. Very good. Thank you. [45:34] All right. I'm going to go to It says [45:38] Jen, although it looks like it may not [45:40] be Jen. Oh, no. It is Jen. Okay. [45:45] One second while we unmute you. [45:49] Okay. [45:50] I'm Jen. I'm at 60 Great Road, so [45:52] directly across from um where this is [45:55] being proposed. I was just wondering if [45:57] any traffic feasibility studies have [45:59] been done. As somebody who routinely [46:01] pulls out onto 117, do we have bandwidth [46:04] for hundreds of more cars to pull out at [46:06] the same time? [46:08] So the fact is uh with typical [46:11] development there's a special permit [46:13] required and the town can require the [46:16] developer to do a traffic study but um [46:19] with the state mandate of being this is [46:21] development by right. Um, frankly, we [46:25] chose Great Road because of that fact. [46:28] Um and while I understand concern [46:31] anywhere in town for increased traffic [46:35] um that you know from a mathematically [46:39] speaking um you know a 1% increase in [46:42] traffic on great road um versus um a 50 [46:46] to 100% increase on a on a local road um [46:50] is what we had to consider given that [46:52] the state um does not allow any [46:56] requirements or special permits. All [47:01] right. [47:03] I don't want to. [47:04] Okay. I'm going to go to Ruth. [47:07] One moment while we unmute you. [47:14] Unmute. Okay. Is that Am I unmuted? [47:17] Yes. [47:18] I don't know how to make the camera [47:19] work. I apologize. [47:20] No worries. [47:21] So, Ruth Leblanc, 33 Pompacetate. [47:24] directly behind the proposed area on [47:27] 117. Uh I'm kind of wondering that why [47:32] the westbound side of 117 was chosen [47:36] above the eastbound side in East Lower [47:41] Village and why you didn't consider as a board as is the whole not you [47:48] personally is the whole um board did not [47:51] consider um expanding [47:55] the district to the include include [47:59] the center of Lower Village and maybe a [48:02] little to the west of Lower Village. Why [48:04] did you limit it? [48:06] When you said center, do you mean the [48:08] actual retail portion? [48:10] Exactly. Yes. [48:12] Okay. Um Valerie, do you want to first [48:14] speak to the retail portion? [48:18] Sure. Yes. Um, so we did look at um [48:22] whether or not the the lower village [48:25] proper, the business district itself [48:27] could um uh could comply with this [48:31] bylaw. Um, there are there are a couple [48:33] different factors within um the state [48:36] law that do not allow um the lower [48:39] village area as as it is to um to [48:42] comply. So, we'd have to increase the [48:44] density, get rid of the the bedroom [48:47] limits, um, and also let go of the [48:51] special permit process for housing [48:53] development within Lower Village. Um, so [48:56] we've spent quite a bit of time, um, on [48:58] a vision for Lower Village that includes [49:00] a mixed use with residential and [49:02] commercial businesses um, at once. Um we [49:06] just went through uh we just finished a [49:08] long uh uh public process around that um [49:12] that really allowed the planning board [49:13] to maintain some control over the look [49:16] and feel of those um structures, any [49:18] structures that would be built in the [49:20] lower village for that long-term future. [49:23] So if we were to put our district there, [49:25] we would no longer be able to have that [49:27] special permit process. Um in addition [49:31] um we would not be able to use that area [49:35] for more than a quarter of the town's [49:37] total requirement. So even if we were to [49:41] put it over the lower village, modify [49:44] that zoning, we still would need to find [49:46] a second area uh for more for more [49:49] housing. [49:51] I think in addition um we would also [49:54] need to allow um so right now you can do [49:59] residential on the second floor of the [50:03] retail district. Uh but if we place this [50:07] um in the retail district uh we would [50:10] not be able to have that as a [50:12] requirement and so it would likely [50:14] shrink the retail district. Um and given [50:17] that um you know 5% or less of our tax [50:22] base is made up from non-residential [50:25] uh we did not we also thought it was not [50:28] wise to um shrink uh the retail [50:32] district. [50:34] Yep. That's right. We have to allow [50:36] standalone residential [50:38] um within within that district. But just [50:41] to reiterate one point Valerie said, [50:43] which is again in the state law, it [50:46] actually limits [50:49] uh what percentage of uh the commercial [50:54] um space you can use for this law [50:57] itself. Um and so that was um one of the [51:01] biggest factors as well. Um, [51:04] I mean, I was kind of thinking of there [51:06] are a couple little side roads off of [51:10] the dead center there and then west of [51:14] lower village um where there might be [51:17] some possibilities of areas. I'm just [51:19] wondering why those were not considered [51:22] just over here where it's wetlands and a [51:26] lot of aquatic life and uh just so much [51:30] wildlife over here that will all be [51:31] destroyed. And I guess I want to share [51:34] two thoughts on that and Valerie you can [51:36] add in which is just a reminder that um [51:39] you know wetlands protection still [51:41] remains and so um that will still [51:46] control a bit of what can happen near [51:48] wetlands. Um but the other the other [51:52] biggest factor I would say is uh most of [51:55] the roads on the other side are uh small [51:59] deadend culde-sac roads um which [52:02] basically would mean increasing the [52:05] density would increase uh traffic on [52:08] those roads uh percentage- wise [52:11] significantly um and because again this [52:14] is by right um and the town doesn't get [52:17] its normal say in um traffic flow or [52:22] traffic study or um anything else? I [52:25] think those were some of the um biggest [52:28] considerations. [52:29] Um and so Valerie, anything else you [52:32] wanted to add? [52:34] Yeah, I think so. We we did take a look [52:36] at some locations along Redacre Road um [52:39] and along Bradley Lane uh and Lan's End [52:42] Road as well. Um, so I think we we did [52:46] we really did focus early on on our [52:48] village centers. So, um, Town Center, [52:51] Lower Village, uh, we looked at [52:53] Gleonale, we looked at, um, Hudson Road [52:56] and Great Road. But yes, we when we [52:58] looked all around Lower Village, um, we [53:01] were trying to figure out what would be [53:04] compliant land and there was a lot of [53:06] that water resource protection area or, [53:10] um, state excluded land. So, um, and at [53:13] the same time really looking for, um, [53:16] uh, traffic, uh, concerns along deadend [53:19] roads or along, um, small, uh, local [53:21] roads. [53:22] And actually, if you take a look at the [53:24] map, I think if I'm not mistaken, um, [53:26] Meeting House and Elmidge are both in [53:30] the water protection zone, [53:33] right? [53:34] Okay. Thank So, and my and the other [53:37] part of that question is, and I'm not [53:39] advocating for this at all. I'm just [53:41] asking why you didn't put this zone on [53:44] the um eastbound side of 117 across from [53:48] where you currently have the proposed [53:50] area. [53:54] Uh let's see. [53:58] Sorry, I'm looking at the map to refresh [54:00] my memory. [54:02] I think that if if I'm recalling, there [54:04] may have been a time that we were [54:05] actually thinking about both north and [54:06] south on the westbound and eastbound. [54:09] Um, [54:11] but I'm I don't know if we've ever [54:13] brought that to a a public forum. [54:16] Um, [54:22] all right. We can we can certainly have [54:24] take note and uh and see. [54:28] All right. Uh, let's see. Are there [54:32] other [54:35] resident [54:36] questions or comments? Lori, all that's [54:39] wet land across the street. Like that's [54:42] the marsh land by the Malone Road there. [54:45] I mean, there's it's all water there [54:49] where all the houses are. [54:52] Um, it looks like there's there's some [54:54] parcels that have that that wetland [54:56] area. Um, but there there may we'd have [54:58] to look into a little bit more um to [55:01] see, but there are some homes that that [55:03] are not within it. [55:05] Um, but we could we could look into it a [55:08] little bit more. [55:11] All right, [55:14] other questions uh from people who [55:17] haven't spoken yet. [55:23] All right, I'm going to go back to [55:27] some of the folks. Oh, Linda, um, you [55:31] haven't spoken yet. Let's get her first. [55:40] Hi, Linda. [55:41] Hi. Thanks. Um, I just wanted to say to [55:44] the planning board, [55:46] sorry, can you state your name and [55:47] address? [55:48] Linda Hathway, 76 Crescent Street. [55:51] obviously not within the district and I [55:54] understand the residents concern about [55:58] having it um this overlay district there [56:02] but it I look at this is I'm not happy [56:04] that the state is requiring us to do [56:07] something like this but I think this [56:10] particular zone gives us a some [56:15] flexibility [56:17] in the in the sense of anybody in the [56:19] district if they choose to do something [56:21] with their property, they can. No one [56:24] has to. And [56:27] um [56:29] and I don't think that in my just [56:32] thinking about how the development works [56:34] and the well restrictions and the septic [56:37] systems and the setbacks that these [56:41] um parcels will ever see the full [56:44] maximum. And even if we can only get a [56:47] few units, it's better than nothing. And [56:51] so I I I really do appreciate the [56:54] planning board's thoughtfulness and [56:56] taking all this information in and um [57:00] providing this um as an area uh for the [57:04] development. It does make a lot of sense [57:07] and I do understand the residents in the [57:10] districts, their concern. Um, but I [57:14] really I mean they don't have to sell [57:16] and they don't have to develop and it [57:20] will be slow and incremental and I truly [57:22] believe that. I've lived in town a long [57:23] time and I've seen the issues and um I I [57:28] don't want us to lose grants if this [57:29] gets voted down. I don't want to have [57:31] the town um you know lose a lot of [57:33] funding and I I really do appreciate the [57:36] planning board's um work on this. [57:41] Thank you, Linda. All right, I'm gonna [57:43] go back to Brian M. Housen. [57:51] Thanks, Brian Mhousen. Nine Hastings [57:53] Street. I'm in that area just on the [57:55] other side of the street there. Um, so I [57:58] just wanted to raise another question [58:00] about what what came up when I asked my [58:02] first question, which is why not closer [58:04] to the MBTA, right? if if the idea is to [58:07] create low-income housing close to [58:09] transit, not necessarily like close to [58:12] our tiny little mall that doesn't really [58:14] seem to be going anywhere. Um, [58:18] why and and and then we didn't get to [58:20] didn't really get an answer on why we [58:22] didn't count the town homes that we [58:25] already have over by the old Bose [58:27] property. I I meant to reuse those sort [58:29] of already exist home. understand that [58:33] and I understand why you don't and I [58:35] understand why you don't want to like [58:36] the wealthy land owners down by the [58:38] river don't want to look at the [58:39] low-income housing [58:40] um there but and give those low-inccome [58:44] housing a nice view of the river. I [58:46] understand that too. So, but it doesn't [58:48] seem like this was really selected for [58:50] anything other than development of the [58:51] lower village which doesn't really seem [58:53] to be developing. It seems to be ant [58:55] like going backwards. [58:58] Thank you. That's all [59:00] that way. Can you comment on [59:03] the housing near the old Boris property? [59:08] Um yes. So we we cannot count existing homes [59:14] toward it simply because we have um [59:17] other other housing developments. Um you [59:20] know we can't say that we've um provided [59:23] our our multif family requirements. [59:25] What do you mean we haven't met the [59:27] multif family zoning by having multif [59:28] family housing there? [59:30] No. Um, unfortunately. So, you [59:38] Okay. [59:38] It has to be new. [59:42] I don't know. [59:43] Okay. [59:44] It doesn't seem great. [59:46] I'm going to move to Brian Martinson. [59:58] Hold on, Brian. We haven't unmuted you [1:00:00] yet. Sorry. [1:00:10] Okay. Am I unmuted? [1:00:11] Yes. [1:00:12] I I have a comment uh and and a question. There's [1:00:16] been a lot of commentary and not a whole [1:00:18] lot of questions. So, you could place uh [1:00:21] a 3A in on top of an existing [1:00:25] multifamily neighborhood. [1:00:28] Many other towns have done that. We [1:00:30] could have done that. [1:00:33] I know that people there living there [1:00:35] wouldn't like it just as people who live [1:00:38] in the East Lower Village don't like it. [1:00:40] But you could have done that. So that's [1:00:43] my comment. My question is [1:00:46] I as you know I'm not happy with with [1:00:51] the direction that the planning would [1:00:52] take and and I've been very evocal about [1:00:55] it. you did an analysis of where you [1:00:58] looked at 20 or so sites. [1:01:01] And when I read this analysis, [1:01:06] it's like a a a a neverending [1:01:12] list of why it would be impossible to [1:01:15] put a 3A zone there. [1:01:19] And then I look at the one that you [1:01:21] prepared for the East Lower Village. [1:01:25] and you don't have any negative impacts [1:01:27] on the at least East Lower Village. All [1:01:31] you list is why this is the only place [1:01:34] in town that you could put such a [1:01:37] district. And if you read it, I think [1:01:39] you will see that. Do you think that was [1:01:42] a fair way to evaluate these sites? [1:01:48] you we there's a lot of negative reasons [1:01:51] why the East Lower Village shouldn't [1:01:53] have been considered, but you didn't [1:01:55] consider that. All you considered, if [1:01:58] this is true, are all the reasons why [1:02:00] it'd be a great place. [1:02:03] Why did you decide that? Why didn't you [1:02:06] not look at the uh uh negative impacts? [1:02:10] Certainly our residents, village [1:02:12] residents have been giving you all the [1:02:14] negative impacts that they feel, but you [1:02:16] didn't consider them. Why not? [1:02:19] So I I don't mean for that document to [1:02:21] be interpreted as not considering the [1:02:24] negative. That document is intended to [1:02:26] be our argument for [1:02:28] Oh, why didn't you do a fair comparison [1:02:31] among all the sites, including the East [1:02:33] Lower Village? Again, the alternatives [1:02:35] document is trying to be transparent at [1:02:38] the reasons why we didn't choose. Now, [1:02:40] some of those are [1:02:43] hard and strict in terms of um the [1:02:46] states excluded land and some of those [1:02:49] are choices and criteria that we [1:02:51] applied. So again, the alternatives [1:02:55] document is meant to show you what our [1:02:59] decision criteria was or why we excluded [1:03:01] it. And the other document is meant to [1:03:03] show you why we chose uh East Lower [1:03:06] Village. Um [1:03:08] yeah, clearly that's what it was. Do you [1:03:10] think that's kind of a fair way to [1:03:13] analyze individual properties and um [1:03:17] look at the costs and benefits and pick [1:03:19] the right one? [1:03:22] you haven't [1:03:23] I think if you take a step back and look [1:03:25] at the larger greater criteria we [1:03:28] applied in terms of not wanting to be a [1:03:31] local road because of significant [1:03:33] traffic impact from a percentage [1:03:37] standpoint, not wanting it to be a large [1:03:40] all at once uh development and really [1:03:43] taking the input from citizens of town [1:03:46] um not only in preferred location but [1:03:49] also in um what they wanted to protect. [1:03:54] That's those are the criteria that come [1:03:56] across. That's what you see. [1:03:58] Okay. I I I'm by the way, Brian, across [1:04:02] the street. I'm I I agree with you [1:04:05] entirely. And my preferred site is the [1:04:08] one on South Actton Road. It's perfectly [1:04:11] developable. [1:04:13] There's no reasons. It's not a landfill. [1:04:15] Nobody is proposing to build on that [1:04:19] landfill. there's plenty of acreage [1:04:21] beside it. Um, the water resource [1:04:25] protection zone, that's a bogus issue. [1:04:28] You could very easily site a driveway [1:04:31] over that. It wouldn't require special [1:04:35] permit necessarily. In fact, if you [1:04:38] wrote it in here, it wouldn't require a [1:04:39] special permit at all. So, there's no [1:04:42] legitimate reason why you can't consider [1:04:44] that. Plus, it's within walking [1:04:47] distance, a half mile. [1:04:49] of the train station. I think that's the [1:04:53] best site for for Stow. [1:04:56] All right. Well, thank you. [1:05:00] Any other uh [1:05:03] let's do uh Ruth. Oh, I'm sorry. Oh, no. [1:05:07] J. Yeah, Ruth [1:05:09] and Jim. We'll get back to you. [1:05:12] Hi. Thanks. This is Ruth. Um, so I know, [1:05:17] um, I've come to understand that a lot [1:05:20] of the reasoning for this area, East [1:05:23] Lower Village, is for to create a [1:05:25] vibrant lower village business district [1:05:28] and walkability. Um, and you cannot walk [1:05:32] from the proposed site to um the [1:05:36] business district at all. So, I know and [1:05:39] it's been said before that it may [1:05:42] incentivize a developer to put in a [1:05:44] sidewalk, but if you're leaving it up to [1:05:47] say one homeowner who decides they want [1:05:50] to sell or one homeowner who decides to [1:05:54] build a second unit on their property or [1:05:58] two units on their property, they're not [1:06:00] going to put in a sidewalk. So it's not [1:06:04] isn't going to make it any walk there's [1:06:06] no walkability with this plan. [1:06:10] So Val [1:06:11] about the state. [1:06:13] Yes. Um so the state has opened up a [1:06:16] capital grant source for towns that are [1:06:19] compliant with MBTA communities. And [1:06:22] given that it's long been been a [1:06:24] priority of the town to construct a [1:06:26] sidewalk from lower village um to the [1:06:29] Maynard town line, um I feel that this [1:06:32] would be a great grant application to [1:06:33] the state so that the town could um work [1:06:36] on its own behalf to get a sidewalk at [1:06:38] that location. [1:06:41] All right, let's go to Moren's iPad. [1:06:58] Sorry. [1:07:00] Um, this may be a stupid question. I'm [1:07:02] not sure. [1:07:02] If you can just state your name and [1:07:03] address first. [1:07:04] Oh, sorry. Marin Vanesse, 55 Pompacet. [1:07:08] Um, I know the state's goal is to create [1:07:12] more housing because we know in [1:07:13] Massachusetts we're low on housing. Um, [1:07:17] is there any way that the state could [1:07:19] change its mind and take this property, [1:07:23] these properties by imminent domain? [1:07:28] Has anybody [1:07:30] asked town council or researched that at [1:07:33] all? I don't know. Maybe, as I say, [1:07:34] maybe that is a stupid question. I'm not [1:07:37] sure, but I'm just curious. [1:07:39] That is that is not the state's intent. [1:07:42] No, they they do not own any of this [1:07:44] land. They are not looking to acquire [1:07:46] land. Um in in fact the state is looking [1:07:50] at um at some properties that they own [1:07:52] across the state for housing but it is [1:07:54] not this type of land. It's the dam [1:07:57] owned land. [1:07:58] Right. I know but I know that well as [1:08:01] far as the construction of the the [1:08:04] bridge in um the Sagamore Bridge that [1:08:07] people that are living near the bridge [1:08:10] their properties are being taken by [1:08:12] imminent domain. I I know that's a [1:08:15] roadway and a bridge and it's different, [1:08:18] but I just wanted to make sure that [1:08:20] there's no way the state could change [1:08:22] its mind and decide, well, we need this [1:08:25] housing and too bad. [1:08:29] The state has not indicated at all that [1:08:31] they are looking to become um housing [1:08:33] developers in this way. No. Okay. [1:08:35] Thank you. Let's go to Jenny. [1:08:52] Hello. [1:08:54] Yes. [1:08:55] Hello. [1:08:56] Yes. [1:08:58] Hi. Actually, this is Dorothy Granite, [1:09:01] 11 White Pond Road, and um I guess this [1:09:05] is a comment. Um, [1:09:08] I at this point uh [1:09:12] feel like [1:09:14] the thought [1:09:19] Dorothy, you're breaking up a little [1:09:21] bit. Um, and we can't hear you. [1:09:23] The area being where it is walkability [1:09:26] to that. [1:09:28] Just a moment. Can you hear me now? Is [1:09:31] this better? [1:09:31] Yes. [1:09:32] Hello. Guess not. [1:09:33] Yes. Okay. All right. Um [1:09:36] I feel that um the comment about the [1:09:40] area closer to the train station is [1:09:43] pretty valid. I also wanted to comment [1:09:46] as someone who's near there but not [1:09:48] abuing to the proposed place. The um [1:09:53] comments regarding they don't have to [1:09:54] develop. I don't think so many of the [1:09:57] people worried about themselves [1:09:59] developing. It's what's going to happen [1:10:01] right beside them. Also, the other [1:10:04] comment is where it's proposed that you [1:10:07] want this so we can help develop a [1:10:10] lockable area like in our lower village. [1:10:14] that was said a lot when the new zoning [1:10:17] for the uh lower village business [1:10:19] district was and the road that I was [1:10:22] that I live on was touted as the [1:10:24] pedestrian walkway because it connects [1:10:28] track road the asabet wildlife and the [1:10:32] bike path to the town but after that was [1:10:35] passed then the permit was given for a a [1:10:40] property owner that [1:10:44] developed without without following his [1:10:47] original permit and it's turned White [1:10:49] Pawn Road into a nonfriendly spot for [1:10:54] the pedestrians. So, it just leaves me [1:10:57] feeling [1:11:00] do we believe like this is great for [1:11:02] pedestrians because it didn't show that [1:11:04] that's where the followrough was with [1:11:06] the last two for pedestrian downtown. [1:11:10] That's my comment. Thank you, Dorothy. [1:11:14] Okay, we are well past the hour. Um, so [1:11:18] I'm going to see if we can take any last [1:11:20] comments and then we'll see if the board [1:11:23] wants to close the hearing or not. Um, [1:11:25] so Ruth [1:11:31] um [1:11:32] Ruth the Blank 33 PMP Pacific Street. [1:11:35] Um, I don't have any other comments [1:11:39] except that I would really like to um [1:11:42] revisit this again [1:11:44] uh and find some more open space that [1:11:47] can be developed where we won't be [1:11:49] destroying a lot of uh wildlife and [1:11:51] woods. Thank you for hosting this. [1:11:55] Thank you, Ruth. [1:11:58] Okay. Um, so going to open up to the [1:12:01] playing board to see. Um, Nancy, um, [1:12:06] just in response to some of the [1:12:08] comments, I'm just curious, um, Valerie, [1:12:12] because you've followed the whole [1:12:13] process, if a new site was to be [1:12:17] introduced, [1:12:19] and I know the process going through the [1:12:22] state is is quite complicated for [1:12:25] approval before a town meeting. would it [1:12:27] even fall within the time frame of what [1:12:31] is left before the deadline? [1:12:34] Thank you for for asking that so I have [1:12:36] a moment to clarify. Um appreciate it. [1:12:39] So um if the planning board opted to go [1:12:42] with a different location um we would uh [1:12:46] we would not be able to present at [1:12:48] October town meeting. Um I you know it [1:12:52] took the board this is I think month 13 [1:12:54] since we really started this process in [1:12:56] depth. Um so took us 13 months to get [1:13:00] here. I can't say how long it may take [1:13:02] us to potentially find a secondary [1:13:05] location. Um but we have until the end [1:13:07] of this year to comply with the state's [1:13:09] law. So we have 3 months left uh four [1:13:12] months left. Um, so [1:13:14] and that includes the pre-submissions [1:13:16] that we have to give them on the way to [1:13:19] getting things approved by them. Right. [1:13:21] Yes. We've been working with the state's office of um livable [1:13:27] communities um the AG's office, town [1:13:30] council, multiple different consulting [1:13:32] firms um on on this effort. So [1:13:35] yeah, I just wanted to check [1:13:38] other playing board member comments or [1:13:40] questions. [1:13:46] I did I did actually want to just bring [1:13:48] up one other um item regarding the [1:13:52] sighting of housing in near that [1:13:54] landfill. Um we did receive uh written [1:13:57] comments from the state that landfills [1:13:59] are not appropriate sites for 3A [1:14:01] districts. So I did ask them [1:14:03] specifically about that site off of [1:14:05] South Actton Road. Um so given given [1:14:08] that the state commented that um I am [1:14:11] unclear uh you know it seems that they [1:14:14] would reject that location in the [1:14:16] future. [1:14:21] M [1:14:22] um can you just clarify? There was one [1:14:25] speaker who um seemed to indicate that [1:14:29] it was his impression that all this [1:14:31] housing was going to be affordable. Can [1:14:33] you just clarify that and make that [1:14:35] really clear uh what the actual is going [1:14:38] to happen there? [1:14:39] Yes, thank you. So this is um this is uh [1:14:43] in intended as any other housing [1:14:45] development. So, um there's only 10% um [1:14:49] of housing if if homes were to be [1:14:52] developed, only 10% would be required to [1:14:54] be deed restricted affordable. So, [1:14:56] that's typical to any other subdivision. [1:14:59] Um so, this is not intended as um like [1:15:01] the low lowincome housing. Um so, it's only 10% that would be deed [1:15:06] restricted. [1:15:07] And again, that wouldn't kick in unless [1:15:09] they were building at least how many [1:15:11] units? [1:15:13] At least 10 units, [1:15:14] right? So if they were sticking to less [1:15:17] than 10 units, uh there would actually [1:15:19] not be affordable [1:15:21] units, [1:15:24] meaning just so everybody um is clear, [1:15:27] that would be the state defined [1:15:29] deed deed restricted affordable units. [1:15:33] Um [1:15:36] okay. Um any other comments or questions [1:15:39] from the board? [1:15:45] All right. Um, Brian, I know you have [1:15:47] your hand up. Uh, so the question is, is [1:15:49] there something new you wanted to share [1:15:52] before we close? One second. We haven't [1:15:54] unmuted you. [1:16:01] Yeah. I'd like to seek some [1:16:02] clarification on something. Can you hear [1:16:05] me? [1:16:05] Yes. [1:16:06] Okay, good. So Valerie, um, [1:16:10] regarding the South Actton road site, [1:16:12] um, you frequently raise this issue of [1:16:15] the landfill and that, uh, the state [1:16:19] wouldn't allow something on a former [1:16:21] landfill. [1:16:24] We haven't even been talking about [1:16:26] acreage that is on top of the landfill. [1:16:29] we've been talking about or suggesting [1:16:32] and you guys have suggested it as well [1:16:34] at one time that acreage which isn't [1:16:37] part of the landfill. [1:16:39] So [1:16:41] are you deliberately trying to confuse [1:16:43] things for people because it seems that [1:16:46] way? [1:16:48] Um uh no again I think if people look at [1:16:51] the alternatives document we do outline [1:16:54] overall the entire parcel why we did not [1:16:58] choose that parcel and there are [1:17:00] multiple reasons. So again the reason [1:17:03] why we created the alternatives document [1:17:05] is so that it would be transparent the [1:17:08] reasons why we did not choose various [1:17:10] parcels. So again, [1:17:15] there's very little much of the land [1:17:18] along South Actton Road is state defined [1:17:20] excluded. So when folks have referred to [1:17:23] the South Actton Road land at the at the [1:17:27] um town line that that is the land that [1:17:30] we have been looking at which is on page [1:17:32] 14 of that document. So I I am not [1:17:35] intending to confuse the matter. I'm I [1:17:38] am fully feeling as though I'm [1:17:40] addressing the concern. [1:17:41] Again, that land included both the what [1:17:45] was the former dump as well as the land [1:17:48] adjacent to the former dump which has no [1:17:51] frontage on South Aton Road um without [1:17:56] going over the water resource protection [1:17:59] area. And again, there are multiple [1:18:01] reasons possible. Everybody can go and [1:18:03] look at the alternatives document and [1:18:05] see the reasons we said and again I we [1:18:08] never said [1:18:10] a lot of the properties on the [1:18:12] alternatives it was not possible what we [1:18:15] and none of them were submitted by the [1:18:16] state so we can't say for sure but what [1:18:19] we did say is that we've we've looked at [1:18:21] them and discussed them and put our [1:18:23] reasons forward of why we did not put [1:18:25] those pieces of property forward again [1:18:29] um that there's a link to thatter [1:18:32] alternative document as well as a link [1:18:34] to the reasons why we we did choose what [1:18:37] we did choose. [1:18:38] Yeah, I understand that. Um, and I've [1:18:42] read all those documents, but the [1:18:45] planning board respectively, you've [1:18:47] known that this was a con controversial [1:18:50] selection from at least since March of [1:18:53] this year, and you had plenty of time uh [1:18:57] to maybe provide an alternative or to [1:19:00] give people a choice at town meeting. [1:19:02] Would you like this area or this area? [1:19:04] But you decided not to do that. And I'm [1:19:07] wondering why you didn't allow or didn't [1:19:10] pursue two potential options to give the [1:19:13] town a choice because I think most [1:19:15] people if you were to ask them would you [1:19:18] like to have a 3A development on top of [1:19:20] your residential neighborhood? I think [1:19:22] most people would say hell no. [1:19:25] And there is no residences on some of [1:19:27] these sites. [1:19:29] And if if [1:19:32] I I don't know why you didn't do that. [1:19:34] Can you explain why you didn't? [1:19:37] Again, I think our foundation actually [1:19:39] touches upon some of the areas. One [1:19:42] being we are choosing incremental [1:19:44] development over a large development as [1:19:47] well as protecting open space which [1:19:49] multiple [1:19:51] uh you know the through resident [1:19:53] engagement and multiple town plans and [1:19:56] boards and committees uh have basically [1:19:59] said and given input that they uh would [1:20:02] prefer to keep those open. Um, so [1:20:06] but you never engaged. Okay, I'm not [1:20:08] going to sit here and debate you except [1:20:10] to say that we can acknowledge that no [1:20:13] matter where we put this, they will be [1:20:15] upset property owners and abutters. And [1:20:19] I don't think we have um tried to hide [1:20:22] that fact um that we understand that [1:20:26] there are set abutters and property [1:20:28] owners and we expect that no matter [1:20:31] where this goes even if it is on open [1:20:34] space by the way there will be a lot of [1:20:35] abutters to that open space. So I just [1:20:38] wanted to say that. Um, with that, I [1:20:42] guess I would ask the board if um we're [1:20:46] ready to close the hearing. [1:20:54] Actually, Lori, can I make a comment [1:20:57] about [1:20:58] Brian's comment? And I and I'd say that [1:21:00] I mean we did look at lots of [1:21:02] alternatives and we did present those [1:21:05] alternatives to a information meeting [1:21:08] where we got input from at least the [1:21:11] people that were there of what their [1:21:13] priorities were and also we the board [1:21:16] has talked about the possibility of [1:21:19] presenting two locations at town meeting [1:21:23] and we thought that was [1:21:26] very risky because how do you manage [1:21:29] that uh and know whether or not [1:21:34] hopefully at least one of them would [1:21:36] pass and a town meeting that would be [1:21:39] very risky and I think that was why [1:21:41] certainly I thought that wasn't a good [1:21:44] strategy to try to put two zones uh up [1:21:48] as a proposal at town meeting. [1:21:51] Yeah, I agree with John. I I can't [1:21:54] imagine coming to going to town meeting [1:21:57] with two proposals because one [1:21:58] neighborhood's going to be pointing to [1:22:00] the other neighborhood and you'll get [1:22:02] nowhere. [1:22:04] Exactly. [1:22:08] Right. Um with that, I'll take a motion [1:22:12] to close the hearing. [1:22:14] I move to close the hearing. [1:22:17] Second. [1:22:19] All right. Any other discussion before [1:22:22] we close the hearing? [1:22:24] I just make uh ask is there other [1:22:28] opportunities [1:22:29] for us to get public input and if there [1:22:33] are we should just tell people about [1:22:34] them [1:22:38] are there or or are there not? [1:22:42] Um we will be doing additional outreach. [1:22:44] Um but because we need to have the we [1:22:48] need to uh finalize the bylaw and the [1:22:50] location um there this really is the [1:22:53] last um opportunity for input that would [1:22:56] shape the bylaw or location. [1:22:59] And of course, I mean, people could [1:23:01] always join our planning board meetings [1:23:04] which are open to anybody who wants to [1:23:05] come and I'm sure this will be continued [1:23:09] to be discussed at some of them. [1:23:12] Continued to be discussed. [1:23:13] Yes. [1:23:15] Um just one thing I want to add before [1:23:17] we close is that [1:23:20] um I think Valerie's slide um I know we [1:23:24] went over it quickly but um this process [1:23:27] has been going on for a long time and I [1:23:30] can tell you that we we have done more [1:23:33] engagement on this process than probably [1:23:36] any other [1:23:38] zoning change we have. Um, again, it's [1:23:42] been going on for a year. The people in [1:23:45] the district were notified, I believe, [1:23:47] in March. Correct me if I'm wrong. Um, [1:23:50] and so we've been and and we've actually [1:23:53] held um individual sessions and and [1:23:57] invited uh property owners and butters [1:23:59] to those sessions as well. So besides [1:24:02] the in uh initial public process um [1:24:06] which again was more expensive than any [1:24:09] other zoning change we've had we've also [1:24:11] had specific sessions with the butters. [1:24:14] Um so just putting that out there for [1:24:16] everyone to know. Um we have had a [1:24:19] motion we have had a second. Any other [1:24:22] comments from the planning board about [1:24:23] closing the hearing? [1:24:29] All right. If not, I will take a roll [1:24:31] call vote on closing the hearing. Nancy [1:24:34] I. [1:24:35] Meg. [1:24:36] I. [1:24:37] Karen. [1:24:38] I. [1:24:39] John. [1:24:40] I. [1:24:41] And I. All right. Thank you everyone for [1:24:44] attending.