Wellesley Office Park 40R Smart Growth Zoning MGFOA Meeting October 8, 2019
I. 40R overlay zoning and 40R payments II. Conceptual redevelopment plans Presentation III. Highlights: Development Agreement Outline IV. Summary: fiscal impacts V. Process Steps 2
Enacted 2004 Legislature’s response to: • Opposition to Chapter 40B 40R snapshot • Concerns about impact of housing growth on schools • Chapter 40B Task Force Report (2003) • MA Audubon, Losing Ground (2003) • Commonwealth Housing Task Force, A Housing Strategy for Smart Growth & Economic Development (2003)
Basic premise: suburban zoning promotes sprawl, discourages efficient land use, creates barrier to housing affordability How to reverse? Cash payments to cities & towns to Policy encourage higher-density housing development in “smart” locations Framework Mitigate fiscal impact (if any) Streamline the approval process Limit developer’s risk
Area of concentrated development, e.g., Transit access established city or town center or other commercial node ”Smart” location? “Rural village” district “Other Highly (Western MA) Suitable Location”
Category 40R 40A Density Must allow high-density development by May allow high-density development by right right or SP Affordable Requires affordable housing Does not require affordable housing Housing Plan Approval Requires streamlined Plan Approval process May require permitting under traditional SP timeline; site plan review without SP is an option 40R v 40A – Infrastructure Must show adequate infrastructure exists to No specific infrastructure provisions support 40R development What’s the Design Review Explicitly provides for plan review and Statute does not specifically provide for design review, reasonable design standards design review for as-of-right uses Difference? Appeals Decisions appealed to Land Court, Superior Decisions appealed to Land Court or Court, Housing Court Superior Court; timeline uncertain Local Deference Local approval presumed to comply with Court generally defers to local board, but 40R higher standards an longer appeal may apply when abutters appeal special permit Appeal Bond Appellant seeking reversal of decision must No appeal bond required post a bond and forfeit it if appeal denied Incentive Incentive payments provided to Town No incentive payments Payments 6
40R Overlay Zoning Minimum Regulatory Requirements Category Requirement Application to Wellesley Office Park ✓ Must be (1) within a SubstantialTransit Access Area; (2) within a Area of Eligible Location Concentrated Development; or (3) a location that would nonetheless WOP is an Area of Concentrated Development promote Smart Growth ✓ Local officials must certify that infrastructure (e.g., water, sewer, Infrastructure may be practicably upgraded to serve Adequate Infrastructure transportation) is adequate (or may be practicably upgraded) to serve the the proposed housing density based on analysis proposed housing density from DPW, MLP, Police, and Fire. ✓ Based on 26.55 acres, a minimum of 530+/- The overlay must allow multifamily housing to be built as-of-right at Minimum Density multifamily housing units must be permitted as-of- density of at least 20 units per acre right. Draft Bylaw allows for 600. ✓ The text must require that at least 20% of the units developed district-wide Draft Bylaw requires all housing to be rental and at Minimum Affordability and per project using the overlay must be affordable at 80% of AMI or less least 25% of units affordable. for at least 30 years Proposed area is 0.40% of Wellesley’s total land area . ✓ Municipalities can create more than one district, as long as none exceed District Size 15% of their land area and the total doesn’t exceed 25% The local plan approval authority reviews project applications to ensure ✓ Draft Bylaw allows residential development by- compliance with the bylaw and design standards. Parties appealing an right; Requires additional PSI process for non- As-of-Right Approval approval must post a bond to cover the potential costs of delay to the residential projects. developer 7
Zoning Incentive Payment Awarded upon DHCD approval of the 40R district Assuming >500 zoned units, payment would be equal to $600,000 Wellesley Bonus Payments Office Park - Equal to $3,000 for each unit of new housing built in the 40R Zoning 40R district above the number of existing zoned units Payable once building permit is issued for housing Incentive units Payments For the initial 350-unit multifamily building, the payment would total at least $711,000. Subsequent payment for the second phase multi- family building would total at least $600,000.
40B and the Subsidized Housing Inventory: To meet it’s 10% goal, Wellesley needs 909 SHI units of its 9,090 total year round housing units, per the 2010 census. 334 more units are needed to achieve 10% statutory Problem and minimum (plus more units to plan for 2020 census). Solution: Affordable Key Housing Production Plan Strategies Housing in Amend Administrative and Professional District to allow Wellesley and multi-family and mixed use. the Housing Create a 40R district to overlay Administrative and Professional District. Production Plan Consider new zoning innovations, including in the area of Worcester Street/Route 128. 9
Wellesley Office Park and Housing Production: This first phase of WOP’s redevelopment contemplates a 345-350 unit rental multifamily apartment community. Housing in Proposed 40R Bylaw requires 25% affordability - Wellesley Office all 345- 350 units will count towards the Town’s SHI Park to Achieving the 10% SHI minimum will give the Promote Town’s Town the discretion to deny new hostile 40B Housing Goals projects Units will be added to SHI when site plan approval is granted to multifamily apartment project by the Zoning Board of Appeals 10
Wellesley Office Park - Existing • William Street & Route 9 • 26 +/-Acres • Adjacent to 128/95, Charles River, City of Newton, Town of Needham
Wellesley Office Park - Existing • 8 Office Buildings • Built between 1961 and 1984 • Building height 3 to 4 floors (Bldg 45 = 71.6’) • 649,000 gross sq. ft. • 1,927 surface parking spaces • Café and fitness center in Bldg 55
Wellesley Office Park -Current Zoning • Zoned Administrative and Professional • 8 separate lots • FAR limit of 0.4 per lot (by special permit) • Height limit of 45 feet • Allows office uses & uses in the Single Residence District • Multi -family, hotel, and retail uses are not permitted 14
Wellesley Office Park – 40R Zoning • Zoned A&P / Wellesley Park Smart Growth Overlay District (SGOD) • 8 separate lots • FAR: 0.4 per lot (A&P) / none (SGOD) • Height: 45 ft. (A&P) / 85 ft. (SGOD) • Uses: Office and SRD uses (A&P) / Mixed Uses (SGOD) 15
New 40R Overlay Zoning Category Underlying Zoning Existing Conditions 40R Zoning 25% (all rental units to count towards Town’s subsidized Affordable Housing N/A N/A housing inventory) Housing Density 1/acre N/A At least 20/acre; 600 total units Maximum Height 45 feet 71.6 feet (Building 45) 85 feet; 575 feet aggregate height 0.31 to 0.72 (all but one lot exceeds FAR Limit 0.4 per lot (w/ special permit) N/A 0.4 FAR) Multi-Family; Elderly Housing; Small-Scale Retail; Permitted Uses Single Residences; Offices; R&D Office and other accessory uses Restaurant; Office; Office-High Tech; Hotel; Bank; Conservation; Recreation Minimum Open Space 30% of lot area Approximately 33% (aggregate) N/A No more than 20% of lot area may be covered by a Lot Coverage Approximately 17% (aggregate) N/A building Lot Area 40,000 sq. ft. minimum >40,000 sq. ft. N/A One space for 100 sq. ft. of ground coverage of Minimum and maximum parking requirements; ZBA may Parking buildings but not less than 3.2 spaces per 1,000 sq. 1,927 parking spaces modify parking requirements taking into consideration ft. of floor area of buildings share parking and other factors Setbacks 50 feet Generally comply No minimum; 25 foot perimeter buffer Design Guidelines Must comply with Town Design Guidelines Generally comply Must comply with Town Design Guidelines PSI Special Permit Must comply with Town’s Project of Significant Non- residential developments must comply with Town’s Must comply 16 Process Impact (PSI) Rules and Regulations PSI Rules and Regulations
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