Planning Board talks zoning articles for May 8 Town Meeting

Apr 12, 2021

A number of zoning changes are on the warrant for the Town Meeting scheduled for Saturday, May 8.

The Planning Board held public hearings about the bulk of those changes on April 12, but no members of the public participated.

Rezoning Wareham Village

The proposed changes to the Wareham Village zoning district, which stretches along Main Street from Tremont Nail to the Zecco Marina, are meant to foster redevelopment of the village while preserving its character and especially encouraging small business uses through mixed-use zoning.

Mixed use zoning allows a variety of uses, including retail, residential, office, entertainment, and culture to fit together in a single environment. Outdoor space including plazas and parks are also incorporated.

Often, mixed-use zoning includes retail or restaurants on the ground floor with offices and apartments above.

The allowed uses of property in the district would expand to include larger multifamily developments, health clubs, hotels, and recreational facilities. Buildings could be up to five stories tall, and the minimum lot size for some uses would be reduced.

The new zoning would also encourage utilities that are minimally visible, New England-style architecture, green and sustainable designs, minimally-intrusive lighting, and attractive landscaping.

Parking requirements would also be reduced. 

Perhaps one of the biggest changes would be allowing developers to use the air rights over Merchants Way, which is town-owned property. For example, a developer could construct a building that is elevated to allow parking on Merchants Way with the building itself overhead and, therefore, out of the floodplain. 

Planning Board members questioned the background of the article, and were concerned it was written to appease a particular developer, as was the case for the recently-defeated Hospitality, Recreation, and Entertainment District.

Town Planner Ken Buckland said the proposal was developed by the Redevelopment Authority based on bylaws that have been successful in other towns, the town’s Economic Development Strategy, and a report from the Urban Land Institute focused on revitalizing Main Street. 

The board unanimously recommended Town Meeting pass the article.

Drive-thrus in Strip Commercial Districts

This amendment would allow drive-thrus by special permit in the Strip Commercial districts, which include much of Cranberry Highway and some other areas of town. The board recommended the article’s passage.

Amend cannabis lab setback from schools

This warrant article was written to allow the Smithers Lab, which is next to the Decas School, to add cannabis testing to its laboratory services. The Decas School is set to close at the end of 2021, so it’s unclear whether Smithers will be able to begin cannabis testing before that point.

The article removes the setback from schools. The Planning Board suggested amending the article so it would apply only to existing labs near schools as of the date of Town Meeting, which would make Smithers the only eligible lab.

Marijuana delivery limit

The Planning Board also discussed an article that would limit the number of marijuana delivery licenses in town to three. The bylaw would limit the number of delivery operators to three. The town already limited the number of cannabis retailers in Wareham to three. 

The town cannot prevent delivery operators from other towns from delivering to Wareham.

The board discussed the issue at length, and had questions about the specifics of the various cannabis courier and delivery licenses, and decided to continue deliberating next week after further research.

Other articles

The Planning Board also voted to recommend amending the definition of multi-family housing to clarify that the dwellings must share a common wall. 

The sign bylaw passed at the Town Meeting in spring 2019 is up for a vote again, after the Attorney General struck down a prior version because it applied different rules to different signs based on content. The board recommended Town Meeting approve the new version. 

The board also voted to recommend the passage of updated floodplain maps. The town must update the floodplain maps by July, or homeowners’ flood insurance coverage could be threatened.

A stormwater pollution prevention bylaw proposal was not placed on the Town Meeting by the Board of Selectmen, so the Planning Board will look into adopting those restrictions through the Planning Board’s rules and regulations.

At their next meeting on April 19, the Planning Board members will discuss a citizens petition to encourage the development of affordable housing and apartments outside of large 40B projects and the marijuana delivery limit.

The board also needs to decide whether the Wareham Village rezoning, affordable housing, and multi-family housing definition articles need to be approved by two-thirds of voters or a simple majority.