By Bob Dorer
On February 2 the Planning Board held a public hearing for a Zoning Bylaw Amendment, submitted by the Zoning Board of Appeals, that would allow an increase in retail floor area in the limited business district.
Todd Crowley, ZBA Chair, introduced the proposed amendment set for consideration at the upcoming Town Meeting in March. The intent is to allow for larger businesses in the limited business areas, changing the 2000 square foot limit to 4000 square feet through a special permit process with the ZBA.
Planning Board members inquired what criteria would be used to evaluate special permit applications to increase a business size from 2000 to up to 4000 square feet. They also inquired about the rationale for picking the number 4000. Crowley said the ZBA would apply the same criteria they currently use: receive input from the public at a hearing and ensure the size would be in harmony with the purpose and intent of the bylaw and not injurious to the neighborhood in question. He noted the number 4000 seemed reasonable interim measure to allow some flexibility but not so much as to allow any big box stores, pending results of more study on the entire Great Road business district. Crowley also noted that the impetus behind this proposal is requests that have come before the ZBA in the last year related to the Bedford Marketplace.
The Planning Board then had a lengthy discussion on the topic of determining impact and the legal basis in Massachusetts zoning regulations. Crowley stated that although it may be difficult to deny any requests to apply this proposed zoning adjustment, the special permit approval process will allow the ZBA to apply conditions to the approval.
During the public comment period Douglas Miller, a local resident, made an impassioned plea for the Planning Board not to support this proposal and to keep the limited business size criteria at 2000 square feet. He felt the proposed change to 4000 square feet could affect the entire character of the town and continue to drive out local businesses. He requested the town’s boards take a step back and not support this article at town meeting until there is further study.
After some further discussion of how criteria for review of special permit requests are applied and discussion on Town Meeting deadlines and timing logistics, the Planning Board closed the public hearing. Later, the Board discussed points raised during the hearing and voted to support this zoning by-law change with the caveat that the Planning Board consider this an interim measure until a comprehensive zoning study can be done. The Board will present an article at Town Meeting to hire a consultant to study the business zoning along the Great Road corridor from Shawsheen Avenue to the North Road/Carlisle Road intersection.
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