Planning Board votes against passage of zoning change

Dec 8, 2020

The members of the Planning Board voted not to recommend the passage of the zoning proposal brought by the Notos Group for the Jan. 16 Special Town Meeting.

After nearly six hours of discussion over two meetings, the members voted 3-2 against endorsing the proposal, with George Barrett and Richard Swenson voting in favor of it.

The proposal was initially titled the “Hospitality, Recreation, and Entertainment” district, but was renamed the “Economic Opportunity Overlay District” as part of changes to the proposal after last week’s contentious meeting.

Although the developers are the group behind the proposed Wareham Park racetrack and casino, they insist that the proposal is not tied to their specific project.

At the previous Planning Board hearing, the Notos Group’s motivations were questioned by residents, but the group’s attorney, Jeffrey Tocchio, declined to offer any insight into the developers’ plans.

The district in question is nearly one-quarter of the town’s landmass, stretching from Charge Pond Road to the Plymouth border at the north and west and bounded in some areas by Rte. 25.

Those in favor of the proposal, including Town Administrator Derek Sullivan, emphasized the opportunities for increased tax revenue rezoning could bring.

Currently, the land is zoned to only allow single-family housing on minimum three-acre lots.

Tocchio said that the development of housing on the land would only stretch the town’s resources. Business development would, however, increase tax revenue without placing a burden on town services.

It is unclear whether there is any developer interest in building homes on the land.

Although Tocchio spoke extensively about the burden of potential multi-family homes in the district, town engineer Charlie Rowley (speaking as a citizen) said that multi-family homes were not allowed under current zoning.

Any projects in the district would be subject to the town’s special permit process, which gives the Planning Board a good deal of authority over what is or is not approved.

According to Selectman Jim Munise, the entire district is slightly under 9 square miles. Of that land, 5.5 square miles are in the Groundwater Protection overlay district, and about 3 square miles are in areas designated for endangered species protection. 

A zoning district protecting the Buttermilk Bay Watershed also overlaps with the proposed district, as do a number of areas protected by conservation restrictions. 

It is unclear how those overlapping restrictions would impact any proposed projects in the future.

“How much land is actually developable there, of that 9 square miles?” asked Selectman Jim Munise. 

Diane Kenney, who lives near Glen Charlie Road, expressed concerns about the increased traffic on the already overburdened roadway, and said she thought the zoning had the potential to change the character of the area for the worse. 

The zoning proposal mandates a minimum lot size of 100 acres, which would restrict development to large projects with a master plan.

The proposal includes a long list of potentially allowable uses, including hotels, conference centers, restaurants, retail stores, multiple family dwellings, hospitals, education, riding stables and indoor or outdoor recreational facilities. Some uses would not be allowed: manufacturing, junkyards, slaughterhouses, cemeteries and crematories, or trucking terminals.

Selectman Alan Slavin described the proposal as a “win-win” situation: The change would allow for as many as ten large businesses to come into town, which would benefit smaller surrounding businesses as well. Slavin also said that he felt because the district was being proposed by the Notos Group, it was facing scrutiny and criticism that proposals by town boards don’t face.

All zoning changes need to be approved by two-thirds of voters at Town Meeting.