The town passed three zoning articles at the November 28 town meeting that will shape the way Ashland looks.
Building Height
The first article that passed is a change in the height restrictions for downtown buildings. Currently, Ashland zoning allows building height up to three stories without any designation of how high each story might be, which could lead to very tall buildings that would not fit in with the historical character of the town. The Change of Height Restrictions bylaw now caps building height at 38 feet, about the height of the tallest buildings in downtown (such as the house at 21 Main St).
This measure also allows for four-story, 45-foot buildings, if the developer has secured a stringent special permit from the town planning board. To obtain such a permit, a developer would need to meet new “form-based code requirements” and be willing to make suitable mitigation to offset the impact of a project, such as accommodating the need for increased parking.
A form-based code is a way to regulate development that controls building form first and building use second, with the purpose of achieving a particular type of “place” or built environment based on a community vision. (The Planners Web, plannersweb.com)
“This bylaw change is more restrictive, as it allows for less interpretation of what constitutes a story,” Town Manager Mike Herbert explained. “It gives us the opportunity for more control in shaping the character of the downtown area and allows us to increase density when beneficial for the downtown district.”
Rate of Development
The second zoning article is The Rate of Development bylaw. This bylaw restricts developers to building only 25 percent of their permitted housing units in a given year. The town manager introduced this concept to town meeting to “promote smart growth versus general growth.”
Smart growth is an approach to development that encourages a mix of building types and uses, diverse housing and transportation options, development within existing neighborhoods, and community engagement. (Smart Growth America, smartgrowthamerica.org/our-vision/what-is-smart-growth)
“People are not happy with the rapid increase in residential growth over the past several years,” Herbert stated. “It was important to craft something that would help us better plan for impact on services while not outright banning development.”
Herbert noted that the developers of the Rail Transit District project (398 one- and two-bedroom apartments on 200 acres off the Rt. 135 MBTA access road) paid RKG Associates to develop a tool that can be used to measure the fiscal impacts of proposed development projects. The impact tool” allows town officials to look at the tax revenue Ashland would receive versus the cost of additional services, such as water consumption, education and public safety systems.
As part of the town’s planning process, officials can now follow a formulaic analysis of the cost per person for town services and determine the net impact financially to help inform decision-making about new building developments. Data from the National Citizen Survey™, recently conducted by the town, reinforced Herbert’s belief that passing this new bylaw was the right choice.
Marijuana Moratorium
The town also adopted a temporary marijuana moratorium bylaw on the use of land or structures for the sale and distribution of marijuana and marijuana products, which are not included in the definition of medical marijuana treatment centers.
The moratorium will be in effect until December 31, 2017. During this time, the town will address the potential impacts of marijuana retailers in Ashland, consider the Cannabis Control Commission regulations regarding this issue and consider adopting a new zoning bylaw to address the impact and operation of marijuana establishments and retailers and related uses.
“Passing this bylaw gives us time to responsibly shape and regulate marijuana in the best interests of the town,” Herbert explained. “We took the same approach several years ago to better prepare our community to host medical marijuana treatment facilities. It’s a sound approach.”
Issue Date:
January, 2017
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